El Salvador’s Prolonged State of Emergency

In a 2024 academic analysis published by the Columbia Undergraduate Law Review, Joaquin Recinos examines El Salvador’s ongoing state of emergency, first declared in March 2022 and extended more than two dozen times, leading to mass incarcerations and allegations of systemic human rights abuses. El Salvador has continuously extended its state of emergency using vague constitutional language that allows the effectively indefinite suspension of civil liberties. Recinos argues that the Salvadoran Constitution’s vague emergency provisions enable indefinite suspensions of rights, much like in Honduras, where similar measures have been extended. International law, including the ICCPR and UDHR, has proven largely ineffective due to weak enforcement mechanisms.

The piece contrasts El Salvador’s explicit incorporation of international law with South Africa’s constitutional framework, offering it as one model for more accountable governance that integrates checks on emergency power. The article concludes that robust constitutional frameworks, not unenforceable international treaties, are essential for preventing the normalization of emergency rule and protecting democratic governance.