Elections to the Central American Parliament

The Central American Parliament (PARLACEN) was established by its Constitutive Treaty in October 1987.^[1] The primary objective of the institution was regional integration for the sake of mutual betterment.^[2] According to the Esquipulas Declaration of 1986, which began the process that ultimately led to the creation of the Parliament, there existed a "need to undertake efforts aimed at understanding and co-operation and to back them up with institutional machinery for strengthening dialogue, joint development, democracy and pluralism [...]."^[2] The Declaration determined that PARLACEN representatives should be selected in free, inclusive, and direct elections.^[2]

After Costa Rica failed to ratify the Constitutive Treaty, the other initial signatories approved the Protocol to the Treaty on the Establishment of the Central American Parliament and Other Political Organs, which amended the Constitutive Treaty to allow the PARLACEN to be created without ratification by Costa Rica.^[3]

The meaning of the term 'direct' in the context of elections to the PARLACEN differs in application among the member states. In El Salvador, Guatemala, and Nicaragua, voters normally select individual parties or candidates specifically for the PARLACEN in a vote that is separate from other contests. In the Dominican Republic, Honduras, and Panama, the votes won by parties or candidates in the national presidential or parliamentary elections are normally applied proportionally among the parties with regard to their respective slates of nominated PARLACEN candidates. While these are considered to be direct elections as the representatives are chosen by ballot, voters in these countries do not select candidates or parties separately for the PARLACEN.

Political party primary and run-off elections are not typically held for PARLACEN contests.

Pursuant to Chapter 1 Article 2 Clause a of the Constitutive Treaty, the elected members of the PARLACEN are denoted as follows:

"Twenty members of parliament for each Member State. Each member shall be elected with their respective alternate, who shall replace them in case of emergency. They shall be elected for a term of five years by direct and secret universal suffrage, and may be re-elected."

Basic electoral principles are described in Article 6:

"Each Member State shall elect its regular and alternate deputies to Parliament, in accordance with the applicable provisions of national legislation that regulates the election of deputies or representatives to their Congresses or Legislative Assemblies, with unavoidable observance of broad political and ideological representation, in a pluralistic democratic system that guarantees free and participatory elections, under conditions of equality for the respective political parties, all in accordance with point 4, "Free Elections", of the "Procedure to establish firm and lasting peace in Central America".

The elections must be held at least three months before the expiry of the period referred to in Article 2 of this Instrument."

The Treaty stipulated the original procedures for the first election in Chapter 7 Article 32:

"The process of electing the first deputies to the Central American Parliament must be carried out in the five member countries, within a simultaneous compliance period of 6 months from the date of entry into force of this Treaty, in accordance with the electoral laws of each member State.

In those States where it is necessary to reform the national legislation for the holding of elections of deputies to the Central American Parliament, the Executive Branch will request them as soon as possible from the corresponding Legislative Branch."

The Protocol amended Article 32 as follows:

"The first elections of deputies to the Central American Parliament shall take place concurrently in the member States during the 17 months following the date on which this Treaty enters into force and shall be conducted in accordance with their respective electoral laws.

In the States in which the national legislation has to be amended for the purpose of electing deputies to the Central American Parliament, the executive branch shall, at the earliest possible date, request the legislative branch to make such amendments.

A signatory State which deposits its instrument of ratification after the entry into force of the Treaty shall hold its election during the following 12 months."

Source: parlacen.int/historia^[4]

• Central American Parliament