The lawyers of Antauro Humala They have been carefully studying article 16 of the Law of Political Organizations. “Parties can integrate with other registered regional parties or movements,” states the aforementioned article of Law 28094.
As confirmed by the lawyer and ANTAURO activist, Jorge Miranda, “all possibilities have been analyzed.” And that includes the so-called fusion or integration of parties.
This figure is very different from the political alliance, which is merely electoral and to participate in any type of popular election. After the election, the parties that make up an alliance return to their initial state and regain their independence and autonomy. The same does not occur with the figure of integration or fusion of parties.
According to Jose Manuel Villalobosthe ANTAURO party could merge with another group, but it is not an automatic process. “In the merger, one party absorbs the other or the others. The procedure takes time because it goes through qualification and observations,” says the electoral law expert. For the executive director of the Peruvian Institute of Electoral Law, “the supreme court has to resolve soon (the ruling in the second instance of the party’s illegality), there is no justification for the delay.”
According to the law, “to this end, political organizations present, before the National Elections Jury, the minutes containing the integration agreement.” The text says that “integration can generate the creation of a new political organization or one of them incorporate the others. In both cases, the current political organization assumes the obligations and rights of the other organizations whose registrations are canceled.”
It’s a race against time. If ANTAURO manages to merge before the sentence against it is confirmed, a situation will be generated that must be addressed by the Judiciary. And something similar will happen if the final ruling does not arrive before the call for elections by President Dina Boluarte, which must be done in April 2025, one year before the electoral process.
MADE THE LAW
“I don’t know if there is enough time for the ANTAURO party to merge with another party or if this would avoid the declaration of illegality,” explains Villalobos. “Because they are going to declare it illegal and, therefore, the party that would absorb it runs the risk of declaring that merger illegal,” he adds. “The law cannot be stupid and let them get around it,” he concludes. And neither does democracy.
PLEASE NOTE
Article 16 of the law suggests that “electoral bodies establish incentives for the integration of organizations.”
On October 31, the Judiciary declared the request of the Prosecutor’s Office founded and declared the illegality of ANTAURO
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