Tensions continue to exist between the Supreme Court (specially the Constitutional Chamber), the Executive Branch and Congress. Even after the 2014 presidential elections and the installation of the new Congress in May 2015, the relationship between these governmental branches has not improved. Civil society and public opinion are frequently polarized in favor or against the Constitutional Chamber with little room for more objective and technical discussions.
This context and the increasingly important role of the judiciary in Salvadoran society and public policy led DPLF to engage in the current Supreme Court selection process.
Five new judges should be appointed by June 30th 2015 filling vacancies in the Civil, Administrative and Criminal Chambers. The Constitutional Chamber will remain the same, but a new President should be elected (or reelected) from among the current members for a three year term. In close consultation and coordination with local actors, during the first half of 2015, DPLF carried out various activities to promote transparent and merit-based judicial selection processes, providing diagnosis, expert knowledge and comparative experiences.
First, DPLF and FESPAD presented to the Salvadorian Congress (Asamblea Legislativa) a questionnaire for the judicial candidates (to be taken into account during the interviews) and a letter laying out some key steps that would improve the current selection process (see documents here). Later, during a press conference, DPLF and FESPAD released a public statement calling for a transparent, merit-based and non discriminatory process and respect for judicial independence.
At the same time, DPLF co-organized a public forum with FESPAD and the National Ombudsman on standards and best practices for merit-based high court selection processes for public officials and civil society. The event speakers were: Emilio Alvarez Icaza, Executive Secretary of the IACHR; David Morales, Ombudsman; David Lovaton, professor of law at Peru’s Catholic University and a DPLF consultant; Ricardo Luevano from Article 19 Mexico; and Leonor Arteaga, DPLF’s Senior Program Officer. After the forum all the panelists held a meeting with David Morales and his advisory team on strategies for improving judicial independence and promoting more transparent judicial selection processes.
As part of our technical assistance work, DPLF in coordination with FESPAD organized a workshop for civil society members on the importance of monitoring selection processes, the role of the judiciary in a democratic society and the main issues regarding this selection process. Participants were very active and found the information useful for improving civil society strategies and their impact on the judiciary.
To raise awareness of these issues, DPLF disseminated timely and relevant information using our social media platforms (Facebook and Twitter), and a Salvadorian expert published an article on this topic on our blog.
Following our previous work on these issues, the above-mentioned activities also helped move the discussion on the possibility for reform of the norms regarding the selection process for Supreme Court judges. Our local partners and allies (FESPAD, FUSADES, FUNDE, PDDH) are not only interested in working on this topic but agree that this task cannot be postponed. Because of both our historic and continued engagement in El Salvador, DPLF has the capability to build on the momentum of these reflections and advocacy activities through our solid relations with a broad range of civil society organizations in the country, as well as with the Supreme Court and PDDH.