The Assembly received a total of four vetoes from the executive on Wednesday, two rejected as “unconstitutional” and two were overthrown by Bukele.
President Nayib Bukele vetoed four legislative decrees to the Assembly, one of which referred to the statement that delegates approved on January 13 to declare 2021 the “ Year of the Bicentenary of Independence and of the Peace Accords in El Salvador. ‘. their argument is that the delegates did not consult the armed forces as an important part of the 1992 peace process.
His rejection comes shortly after he said at an event in El Mozote that signing the peace accords was a “farce and a hoax”.
Bukele has vetoed the legislative act as “unconstitutional”. According to the president, he does not meet the requirements of consultation with Salvadoran society, with the executive branch and with the armed forces to give that category by 2021.
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According to art. 168, ord. 3 of the Constitution, one of the powers and obligations of the President of the Republic is “to seek social harmony and to preserve inner peace and tranquility and the safety of the human person as a member of society. “In this regard, it is known that a major actor in the process that Decree Law 812 seeks to recognize is the armed forces, in their capacity as a permanent institution of service to the nation,” is part of Bukele’s arguments.
It adds that in the judgment of unconstitutionality 4-2012 issued by the Chamber, the principles that should govern military service were detailed and that they “ have in fact been adopted by recent Salvadoran constitutional history, particularly from the peace accords and the new connotations of democracy they were trying to establish ”.
There is thus a clear link between the “essence of said institution and the negotiation and signing of various political agreements between the government and the FMLN, which led to the signing of the peace accords themselves, which ended the armed conflict.” Salvadoran ”.
According to Bukele, according to the Constitutional Chamber, the peace accords “show a tripartite form: it is primarily a political pact, with legal impact and transcendent social consequences, such that everything that emerges from those accords must have the same tripartite character. Conformation, which is indispensable. is as part of all sectors ”.
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Moreover, it points out that the Assembly has not taken into account the joint intervention of men and women from all sectors of society, “therefore the involvement of the community within the Culture and Education Committee of the Legislative Assembly was essential. to determine whether the historical facts intended to be recognized by such a statement do indeed represent the sense of the community. In other words, if the population really identifies with the celebration of the year 2021, as the year of the bicentenary of independence and the peace agreements ”.
In summary, Bukele points to the violation of Articles 85 and 135 of the Constitution, in the sense that the Assembly should have adhered to the ‘principles of representative democracy and publicity that should have been reflected in the involvement of the President of the Republic and of the armed forces in the Culture and Education Committee.
The veto also referred to unconstitutional Decree Law 810, passed on January 7, 2021, which “contains transitional provisions to guarantee the payment of compensation to former employees of the defunct ANTEL, who have not received the said benefit to date.”
In addition, Legislative Decree returned 809, approved on January 7, 2021, which contains “Special provision of incentives for the use of the bicycle as a means of transport”.
As well as Legislative Decree 813, adopted on January 13, 2021, which contains the “reform of the temporary provision protecting workers with a vulnerable medical condition from COVID-19”.