The ninth legislature ignored the reforms to the Electoral and Political Parties Law (LEPP) and this is demonstrated by the history of initiative 5886presented by the Plenary of the Supreme Electoral Tribunal (TSE).
Said bill entered the Legislative Directorate on February 18, 2021 and a year and a half had to pass for the document to obtain a favorable opinion, this being the last August 31.
Two months before the call for general elections -scheduled for January 20, 2023- and even with a long way to go -the approval of the plenary session of Congress, plus the approval of the Constitutional Court (CC)- experts agree with that it is already impossible to approve this package of reforms and start it for the 2023 elections, which means that the elections will be with the same LEPP as in 2019, unless the CC determines that one of the three challenges to specific articles of said law, presented last week by Cacif, and in June by lawyers Gabriel Orellana and former constitutionalist Aquiles Fallace.
Apathy and comfort with the current legislation may be some of the factors that slowed down the reforms to the electoral law, since it is evident that when an issue is of interest to congressmen, it does not take long to be approved, the political experts consulted agree. .
The previous week saw two concrete examples: the election of the Comptroller General of Accounts and the approval of the budget for the year 2023. The ruling party’s flattening policy moves when it deems it appropriate, but the electoral reforms have not seemed so attractive to them.
One of the main changes sought by the reforms to the LEPP was to change the way in which Guatemalans elect deputies.which could put at risk the re-election of more than one.
#CongressGt | Deputy Javier Hernández arrives in an apparent state of intoxication at the plenary session of the Congress of the Republic. @free Press @Guatevision_tv pic.twitter.com/T2G6dSdQ2z
— Henry Montenegro (@hmontenegro_GTV) November 10, 2022
But not having a series of reforms to the electoral law is already generating problems, it is enough to review legal actions that have recently been presented before the Constitutional Court itself (CC).
The business sector and constituents estimate that the current electoral law violates the Magna Carta, for which a reform is necessary, but given the passivity of the deputies, unconstitutionalities could be the only alternative.
Goodbye open listings
The spearhead for the current reforms to the LEPP was to modify the system of election of deputies, not to elect a list of characters but to do it by name and surnamebreaking with a system that does not comply with social representativeness.
At least that is the reading of Pedro Cruz, president of the organization Primero Guatemala, one of the social institutions that had been warning of the importance and need for electoral reform.
“I would have loved the way of electing deputies to the Congress of the Republic to be changed. The system of closed lists for deputies in Guatemala is obsolete, people who do not have a leadership vote are voted for but work through other channels, which is a corrupt and perverse system, ”she specified.
Now It only remains for the TSE to listen to society, since the deputies did notadded Cruz, “the disinterest of a large majority of deputies to reform the LEPP can clearly be demonstrated, this is because they are comfortable and the system allows them to respond to particular interests that are not those of the majority of the population.”
gagged politicians
The application of the current LEPP does not seem to be as fair or equitable with all politicians alike, at least that is the impression for now of Jahir Dabroy, from the Association for Research and Social Studies (ASIES).
The analyst said that it is vital for any election process to listen to proposals, opinions and even a healthy debate, but the current LEPP affirms that it keeps politicians practically muzzled.
“There are already limitations to the free expression of thought for the political class that is their livelihood, the interaction with society, we are being limited as a society to listen to the projects and I see that it is a serious situation, there are already two potential candidates who do not they would be within the jurisdiction and to others the law does not arrive in the same way, it seems that justice is not imparted with the same measure”, explained Dabroy.
Although the deputies seem to be comfortable with the current LEPP, their passivity could bring them consequencesDabroy said. “I do not know – the reason for the apathy – because a much clearer electoral system can be of benefit to political organizations, the rest of the deputies seem to be comfortable with the current LEPP but that can be reversed because it could complicate some for an eventual re-election”.
The big political parties
Who does believe he has a reading that explains why Congress did not reform the LEPP is Francisco Quezada, from the Center for National Economic Research (CIEN).
The researcher considers that the latest electoral reforms that continue and that will remain in force for 2023 is product of an agreement between the big political parties, so modifying it is not convenient for them.
“One can see that the reforms that have taken place are to favor the big political parties, it is to open and close the doors of democracy, and to put a very narrow path because they seek to eliminate competition,” he said.
This is not new according to Quezada, since historically the legislation has allowed politicians to set the rules at their convenience. “The constitutional architecture aims at us living under a party democracy, it means that we are governed by the interests and convenience of the political parties, so they, in the face of a reform of this type, become judge and jury.”
The TSE has recently been questioned about its planning for the 2023 elections, which will be coordinated with a law that, in the eyes of society, needed reforms that never came, which is why they advise the electoral authorities to listen to suggestions and proposals. of civil society.
