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Municipalities of El Salvador
The municipalities of El Salvador (Spanish: municipios) are the second-level administrative divisions within the Republic of El Salvador. These municipalities divide the country's departments and serve as the fundamental administrative units of local government. Historically, El Salvador was divided into 262 municipalities, each with a local municipal council responsible for governance and community services. However, on 1 June 2023, President Nayib Bukele announced a proposal to reduce the number of municipalities to streamline administrative efficiency and reduce bureaucratic overhead. Bukele argued that the reduction would enable more effective public service delivery by consolidating local governments and resources.[1] The Legislative Assembly approved the proposal on 13 June 2023, reducing the number of municipalities from 262 to 44, a change that went into effect on 1 May 2024.[2] This significant restructuring aimed to modernize local governance, with proponents claiming it would allow for better distribution of resources and improved access to public services across the nation. Opponents, however, raised concerns that it could diminish local representation and reduce citizen engagement with government. The municipalities are governed under the Municipal Code, which was enacted on January 31, 1986. The code establishes each municipio as the primary unit of political administration in El Salvador, with a defined territory and political autonomy. According to this code, municipalities are responsible for various local government functions, including infrastructure maintenance, public health services, local education, and promoting community development.[3] Each municipality operates with a municipal council, which is elected by the residents and functions as the local legislative body. The head of the council, typically a mayor, oversees the executive functions within the municipality. Historical ContextThe concept of municipalities in El Salvador dates back to colonial times, with administrative divisions that evolved over centuries. Municipalities originally developed as autonomous entities meant to address the unique needs of their respective communities. The establishment of 262 municipalities provided residents with local governance; however, over time, critics argued that the large number of municipalities contributed to inefficiencies and financial burdens on the government. The decision to reduce the number of municipalities to 44 is part of broader governmental reforms initiated under Bukele's administration, which aims to centralize certain aspects of governance to enhance efficiency. Proponents of the reform anticipate it will bring more centralized resources to each municipality, though it remains to be seen how the changes will impact local identities and community participation. Administrative Structure and ResponsibilitiesThe reduced number of municipalities continues to follow the administrative structure laid out in the Municipal Code. Each municipality is governed by a municipal council (Concejo Municipal), responsible for local legislative decisions, budget allocation, and implementation of public policies. These councils are intended to ensure that community needs are met and that local governance remains responsive to the population. The municipalities, despite the reduction in their number, retain political autonomy within the state's organizational structure, enabling them to address issues specific to their jurisdictions. The restructured municipalities may lead to expanded geographical areas for each municipal council, potentially increasing the scope of local governance and the level of resources required for public services. References
HistoryColonySan Salvador, founded in 1525 by Pedro de Alvarado, is the first municipality established in Central America. The Spanish organized the cabildos and ayuntamientos in the cities. Post independenceIn the first Constitution of the State of El Salvador, the limits of each municipality were established. On September 4, 1832, the Reglament of Political Governors, Municipalities and Mayors was emitted. This reglament established limits and jurisdictions for the Departments and regulated the municipalities and the position of Mayors. According to the reglament, the municipal councils were organized according to the following criteria:[1]
To become a member of the municipal council the requirements were: citizenship, 25 years of age, of "known morality", and being a neighbor of the territory or region of the municipality. The municipalities that were capitals of partidos (districts) had to establish Juntas de sanidad (boards of sanitation) composed of the First Alcalde, the parroquial priest, one Regidor, those trained in or practicing medicine or surgery and one neighbor named by the municipal council. The municipality was in charge of the statistics and public works of its jurisdiction.[1] On December 9, 1854, the government decreed various changes for the governance of municipalities. The number of members of the municipal councils was reformed in the following way: there would be 1 Alcalde and 1 Síndico for each population and the number of regidores would be determined according to the following criteria:[2]
This decree also established the Juzgado de Paz (Justice of the Peace) which separated judicial matters from the political government of the municipalities. These were established with the following numbers:[2]
On November 12, 1861, the government of president Gerardo Barrios decreed the Reglamento de Gobernadores, Jefes de Partido, Concejos Municipales, Alcaldes y Jueces de Paz. This bylaw had the purpose of remediating the confusions caused by the various and diverse laws emitted for the regulation of municipalities and to regulate the attributions of Jefes de Partido (District Chiefs) and to ensure the collection and legal investment of municipal funds.[3] On February 15, 1866, during the administration of president Francisco Dueñas, the House of Senators issued the Código Político y Municipal (Political and Municipal Code), it entered into validity after its publication in the official newspaper El Constitucional on April 4, 1867. this code replaced the Reglament of 1861 which was considered to be in disharmony with the laws that assured the independence of municipal and judicial functionaries and contained "dispositions which were too complicated and impracticable in the management and counting of municipal funds." According to the Code, the municipal councils were proportioned with 1 Alcalde and 1 Síndico with:[4]
The Constitution of 1886 established the character of popular elections in the municipal government.[5] On May 8, 1897, the National Assembly emitted a Law of the Municipal Branch which was sanctioned by the executive office on May 16.[6] On April 28, 1908 another Law of the Municipal Branch was issued. The Constitution of 1939 passed the election of local governments to the executive office, but in the constitutional reforms made in 1945 and in the Constitution of 1950, political autonomy was returned to the municipalities. Requirements for creating a municipalityAccording to Chapter I, Title IV of the Municipal Code, the requirements for the creation of a municipality are:[7]
The creation, fusion or incorporation of municipalities corresponds to the Legislative Assembly.[8] GovernmentThe municipal government is exerted by a Consejo Municipal (Municipal Council), which has the characteristics of deliberative and normative. It is integrated by an Alcalde (Mayor), one Sindico (Legal representative) and a number of proprietary Regidores (Council members) that is proportionate to the population and 4 auxiliary Regidores.[8] The proportion of the amount of Regidores is:
Members of the municipal councils must be both at least 21 and residents of the municipality. Directly elected, municipal officials serve three-year terms and may be re-elected. Municipios are not all of equal size but are required to have a population of at least 10,000. Boundaries are determined by the Legislative Assembly. The powers of local government are those given by the central government. Because department governors are appointed by the president, their independence is questionable. Despite their status as elected representatives, the powers of municipal officeholders are also limited in certain key areas. The most glaring example is taxation. Although the municipal councils are allowed to suggest local taxes and tax rates, only the Legislative Assembly has the power to levy the taxes. Therefore, all funds used by the councils are appropriated and disbursed by the assembly, but such funds are earmarked in the budget and are not incorporated into the central government's general fund. Among the duties relegated to the municipal councils under the Salvadoran Municipal Code is the holding of town meetings (cabildos abiertos) at least once every three months. The council is enjoined from acting against the majority opinion expressed at the town meetings. The municipal councils also grant legal recognition (personalidad juridica) to communal associations in their municipios. The councils are required to meet periodically with representatives of the communal associations and to consult with them on the appointment of representatives to advisory and other local commissions. The councils also issue local ordinances and regulations. Territorial organizationMunicipalities are subdivided into one urban area which is the municipal capital and various cantons which compromise its rural population. Cantons are composed of Caseríos. See also
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