The way in which the judges of the Supreme Electoral Tribunal (TSE) are elected is one of the weak points of the Guatemalan system that must change, according to the proposals for electoral reforms discussed in the fifth day of work of the Electoral Update and Modernization Commission (CAME).
Of the total of 1,256 proposals for reforms to the Electoral and Political Parties Law (Lepp), the axis dedicated to strengthening the electoral authority received 214 proposals, which were broken down into six subtopics: the manner of election of magistrates, functions, organization and structure, temporary electoral bodies, financing and inter-institutional coordination.
The core point of the proposals is to change the way of election and inauguration of the five regular magistrates and the five substitutes, who are elected by the Congress of the Republic by a list of professionals proposed by a nomination commission chaired by the rector. from the University of San Carlos of Guatemala (Usac).
The suggestions for reforms to the Lepp point out that the TSE plenary session should not be renewed in its entirety, but should be done gradually, so that the judiciary is not left with inexperienced officials.
The role of the nomination committees is another issue to change. According to Francisco Quezada, from the National Economic Research Center (Cien), the College of Lawyers and Notaries of Guatemala (Cang) has a great weight within this postulator.
“Currently there is an imbalance in the nomination commissions, because if we count the number of voters, the Usac has the majority, this means that an agreement between the Usac and the Cang has enough votes to elect whoever they want,” he reflects. Quezada.
Among the proposals, it is also considered appropriate that Congress should not be the one to elect the judges, although there is no proposal that answers who should be elected.
Avoid political ties
The TSE needs to not have links with political parties to avoid possible biases or decisions that might be considered discretionary, social organizations, including Alas de Mariposa and Aire, discussed at the penultimate Came working table this Wednesday, March 20.
Linsleyd Tillit, from Alas de Mariposa, said that the nomination committees might even be elected by lottery to prevent some powerful actors in the lawyers’ union from having an impact.
Guillermo Fuentes, from Aire, an organization dedicated to political training, it is necessary that future judges have no relationship with party organizations to guarantee their independence.
“We propose that the magistrates who elect for this position have at least two years of not belonging to political organizations, that they are not affiliated and that they have not been candidates for popularly elected positions in the previous process,” Fuentes proposed.
Among the suggestions for changes that Came received, it also stands out that the TSE separate its administrative functions from its electoral functions.
It is also sought that the temporary electoral bodies, such as the different boards, be integrated six months before the call for elections, this to promote civic training processes for all their members so that they know how to operate during the electoral year and the voting event.
Some suggestions also seek that the TSE receive the budget to plan an electoral event a year in advance, to avoid logistical problems.
Inter-institutional coordination is even sought between the TSE and the Electoral Affairs Commission of Congress, so that the final result of the Came, which is to promote a bill, is approved. The proposal for reforms to Lepp that the previous Came promoted was not even discussed in the plenary session of the previous legislature.
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