«POLITICAL CONSTITUTION OF PERU 29 December 1993 Translation by PETER B. HELLER Based on the Official Edition of the Constitution Published by the ...»
It is its task to organize all the electoral processes, referendums, and other forms of popular consultations, to submit its budget request as well as to draft the ballot. Similarly, it is responsible for submitting records and other materials necessary for voting and the publication of its results. It offers continuous information on the database from the beginning of the ballots regarding electoral rolls. It also exercises the other functions provided by law.
The Head of the National Register of Identification and Civil Status is appointed by the National Council of the Magistracy for a renewable period of four years. He may be removed by the said Council for grave error. He is subject to the same incompatibilities provided for the members of the plenum of the National Board of Elections.
The National Register of Identification and Civil Status is responsible for the recording of births, marriages, divorces, deaths, and other events that alter civil status. It issues the appropriate documentation. It prepares and keeps up to date the electoral rolls. It supplies to the National Board of Elections and the National Office of Electoral Processes the information necessary for the performance of their functions. It keeps the record of identification of citizens and issues the documents which certify their identity.
It exercises the other functions provided by law.
Article 184 The National Board of Elections declares the invalidity of an electoral process, of a referendum, or of other types of popular consultation when invalid or blank ballots, jointly or separately, exceed two-thirds of the numbers of the votes cast.
The law may establish different proportions for municipal elections.
Article 185 Scrutiny of the votes in all types of elections, referendums, or other types of popular consultation is done in a public and uninterrupted manner on the basis of the electoral rolls. They may only be altered in cases of material error or of a challenge, which are resolved in accordance with the law.
The National Office of Electoral Processes determines the instructions and provisions necessary for the maintenance of law and order and the protection of personal freedom during elections. These provisions must mandatorily be executed by the Armed Forces and the National Police.
Article 187 In pluri-person elections there is proportional representation, in accordance with the system established by law.
The law contains special provisions to facilitate the vote of Peruvians residing abroad.
Chapter XIV Concerning Decentralization, the Regions, and the Municipalities Article 188 Decentralization is a permanent process which has as its objective the integral development of the country.
Article 189 The territory of the Republic is divided into Regions, Departments, Provinces, and Districts in whose administrative territories a decentralized and deconcentrated unitary system of government is in place.
Article 190 Regions are established upon the initiative and mandate of the population belonging to one or other neighboring departments. Adjacent provinces and districts may similarly become integrated or redefined.
In both cases a referendum must be held, in accordance with the law.
Article 191 The provincial and district municipalities and their delegates are organs of local government according to law. They have political, economic, and administrative autonomy in matters of their competence.
Regulatory and investigating functions are the responsibility of the Council while executive functions are that of the mayoralty.
Mayors and councilmen are elected by direct votes for a five-year term. They may be reelected. Their mandate is revocable but these may not be relinquished. These officials enjoy the prerogatives provided by the law.
The Municipalities have the following competences:
1. To approve their internal organizations and budget.
2. To manage their assets and revenues.
3. To create, modify, and withdraw contributions, rates, charges, licenses, and municipal levies.
4. To organize, regulate, and manage local public services for which they are responsible.
5. To plan urban and rural development in their administrative areas and implement the appropriate plans and programs.
6. To participate in the management of the activities and services pertaining to the state, in accordance with the law.
7. Other matters determined by law.
The following are the assets and revenues of municipalities:
1. Assets and revenues which are theirs by right.
2. Taxes raised for their benefit by law.
3. Contributions, rates, charges, licenses, and levies under their authority and created by their Council.
4. Resources allotted by the Municipal Compensation Fund depending on municipal taxes to be created by law.
5. Budget transfers from the central government.
6. Fees to which they are entitled.
7. Other revenues determined by law.
Article 194 Municipalities may be associated or engaged in cooperative agreements among themselves for the implementation of projects and the delivery of common services.
Article 195 The law determines the cooperation of the National Police with Municipalities as it relates to personal security.
Article 196 The capital of the Republic, provincial seats at the metropolitan level, and the chief towns of departments close to the borders are administered under a special regime provided in the Organic Law of Municipalities.
The same is true of the Constitutional Province of Callao and the border provinces.
Article 197 Regions have political, economic, and administrative autonomy in the matters of their competence.
Within their jurisdiction, they are responsible for the coordination and execution of regional socioeconomic plans and programs as well as for the management of activities and services pertaining to government, in accordance with the law.
Their assets and revenues are set by law. Regions support local governments. But they do not replace or duplicate the activities or competence of the latter.
Article 198 The organized structure of the Regions and their specific functions are determined by Organic Law.
The President of the Region and the Regional Coordination Council are the highest authorities in a Region.
The President of a Region is elected by direct balloting for a five-year term. He may be reelected. His mandate is revocable but it may not be relinquished. He enjoys the prerogatives provided by the law.
The Regional Coordination Council is made up of the number of members determined by law. The provincial Mayors or their representatives are members of the said Council by right.
Article 199 The Regions and Municipalities give an accounting of the execution of their budget to the Office of the Controller-General of the Republic. They are audited according to law.
Title V Concerning Constitutional Guarantees Article 200
The following are constitutional guarantees:
1. The Action of Habeas Corpus, which may be issued to prevent the commission or omission by any authority, functionary, or person of an act that may injure or threaten individual liberty or related constitutional rights.
2. Action of Amparo, which may be issued to prevent the commission or omission by any authority, functionary, or person of an act that may injure or threaten other rights recognized by the Constitution. The order may not run counter to legal norms or judicial decisions emanating from regular processes.
3. The Action of Habeas Data, which may be issued to prevent the commission or omission by any authority, functionary, or person of an act that may injure or threaten the rights mentioned in Article 2, paragraphs (5), (6), and (7) of the Constitution.
4. The Action of Unconstitutionality, which may be issued to prevent regulations that have the force of legislation such as laws, legislative decrees, emergency decrees, treaties, congressional regulations, regional regulations of a general nature, and municipal ordinances which violate the Constitution, in the form or foundation [fondo].
5. The Popular Action, which may be issued to prevent violations of the Constitution and the law or acts that run counter to the regulations, administrative norms and resolutions, and decrees of a general nature whatever be the authority issuing them.
6. Acción de Cumplimiento, which may be issued to any authority or functionary unwilling to follow a legal norm or administrative act, without prejudice to the responsibilities of the law.
An Organic Law regulates the exercise of these guarantees and the effects of the declaration of unconstitutionality or illegality of the rules [normas].
The exercise of habeas corpus and order of protection are not suspended during regimes of exception to which Article 137 of the Constitution refers.
When acts of this nature occur in relation to restricted or suspended rights, the competent judicial organ examines the reasonableness and proportionality of the restraining measure.
It is not the responsibility of the judge to question the declaration of a state of emergency or state of siege.
Article 201 The Constitutional Court is the organ that oversees adherence to the Constitution. It is autonomous and independent. It is composed of seven members elected for a five-year term.
For membership in the Constitutional Court, a candidate must meet the same requirements as those mandated for a member of the Supreme Court. The members of the Constitutional Court enjoy the same immunity and the same prerogatives as congressmen.
They are subject to the same incompatibilities. No immediate reelection to membership is possible.
The members of the Constitutional Court are elected by the National Congress with the affirmative votes of two-thirds of the legal number of its members. Judges of the Constitutional Court, judges or prosecutors who have not relinquished their position for a year prior, cannot be voted into membership.
The Constitutional Court has the following responsibilities:
1. To adjudicate, as the unique instance, an act of unconstitutionality.
2. To adjudicate, as the court of last resort [instancia], decisions denying habeas corpus, amparo, habeas data, or an executory order.
3. To adjudicate jurisdictional conflicts or of responsibilities assigned by the Constitution, in accordance with the law.
The following are authorized [facultados] to check unconstitutional acts:
1. The President of the Republic.
2. The Public Prosecutor of the Nation.
3. The Defender of the People.
4. Twenty-five percent of the legal number of congressmen.
5. A petition by 5,000 citizens whose signatures are confirmed by the National Board of Elections. If the regulation is in the form of a municipal ordinance, one percent of the citizenry of the respective administrative district is entitled to check it as long as this percentage does not exceed the number of signatures mentioned above.
6. The Presidents of Regions in agreement with the Council of Regional Coordination or provincial mayors in agreement with the Council in matters of their competence.
7. Professional colleges in the fields of their specialty.
Article 204 The decision of the Constitutional Court which declares the unconstitutionality of a norm is published in the official gazette. On the day following its publication, said norm becomes null and void.
The decision of the Constitutional Court declaring a legal norm unconstitutional in whole or in part does not have retroactive effect.
Article 205 Once the internal jurisdiction is exhausted, whoever feels injured in his constitutional rights may resort to international tribunals or organizations established according to treaties or agreements to which Peru is a party.
Title VI Concerning the Amendment of the Constitution Article 206 Every constitutional amendment must be approved by the Congress with an absolute majority of the legal number of its members and ratified by referendum. The referendum may be omitted when the Congress approves the amendment in two ordinary successive sessions by a favorable vote, in each case with over two-thirds of the legal number of congressmen. The constitutional amendment law is not subject to comments by the President of the Republic.
The President of the Republic, with the approval of the Council of Ministers, can initiate constitutional reform as may congressmen, or a group of citizens equivalent to threetenths of one percent (0.3%) of the voters, with signatures verified [comprobadas] by the elections authority.
Final and Transitory Provisions First. The new mandatory [obligatorros] social regimes regarding public sector workers’ pensions do not affect their secured legal rights, particularly those corresponding to Decree-laws 19990 and 20530, as amended.
Second. The State guarantees appropriate pay and periodic adjustment of the pensions that it administers, in accordance with budgetary estimates designated for the purpose and the resources of the national economy.
Third. So long as different work schedules exist in the private and public sectors, in no case and for no reason may services performed under both schedules be counted in the computation of benefits. Any measure or decision to the contrary is null and void.
Fourth. The norms concerning the rights and freedoms that the Constitution recognizes are interpreted in accordance with the Universal Declaration of Human Rights and with the treaties and international agreements concerning corresponding matters ratified by Peru.
Fifth. Municipal elections alternate with general elections so that the former are held in the middle of the presidential term, in accordance with the law. For that purpose, the terms of the mayors and councilors elected in the next two municipal elections will run for three and four years, respectively.
Sixth. The mayors and councils voted into office in the elections of 1993 and subsequent runoff elections will complete their mandate on December 31, 1995.