In an extraordinary session, the Council of Ministers yesterday approved the draft constitutional reform with the proposal for consultation on a constituent Assemblyin compliance with what was announced in Cusco by President Pedro Castillo. The decision on its approval, however, rests exclusively with Congress and, from now on, the majority of benches have spoken out against it.
The project was announced by the chief of staff, Hannibal Torres, in the company of the ministers. Yesterday a radio slipped that the ministers César Landa (Foreign Ministry), Félix Chero (Justice) and Óscar Graham (Economy) would have been against.
Nevertheless, Executive sources reported that Chero and Landa were the ones who worked on the proposal.
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And that can be seen in the record of visits to the presidency of the Council of Ministers last Sunday. Both came around nine in the morning. The head of Justice took the first draft and adjustments were made on the fly. The names of the ministers also appear in the register. Alejandro Salas (Culture) Y Roberto Sánchez (Foreign Trade and Tourism). The four were with Hannibal Torres until noon.
The only one who later raised an objection to this project is Economy Minister Oscar Graham.
The proposal under discussion
The Executive’s project proposes, in principle, incorporate an article in the Magna Carta to establish a third mechanism for the total reform of the constitutional text.
Currently, article 206 develops only two ways to change the Constitution: through approval with 87 votes in two consecutive legislatures or approval with only 66 votes, but with ratification via referendum.
Now Castillo proposes to approve a new article (it would be 207, which does not exist today), to create the third way to change the Constitutionwhich would be the referendum.
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The initiative for calling a referendum would correspond to the President of the Republic or also to Congress, with two thirds of the representation, or citizenship, with 0.3% of eligible voting signatures.
Constitutionalist Luciano López Flores warns a bad wording in the proposed article 207, since the call for a referendum to elect the members of a constituent assembly is already included, without the citizenry having been consulted beforehand whether or not they agree with a new Constitution.
Another question generated by the text is whether a single project is enough to consult the public on the incorporation of article 207 and, simultaneously, on whether or not they agree with a new Constitution, as warned, via Twitter, Iván Lanegra, of Transparency.
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In other words, eventually the citizens could agree to incorporate article 207 in the Constitution to activate the referendum mechanism for the total change of the Magna Carta, but could be against this process being done now. This would involve two queries.
The constitutionalist Omar Cairo considers valid the formula of the Executive to modify the 207 and, at the same time, consult whether or not they agree with the new Constitution.
He stressed that, if the yes wins, a next stage of calling for elections of a constituent assembly would be given and the final text must necessarily go through a citizen consultation.
Castillo proposes to approve a new article (207), to create the third way to change the Constitution, which would be the referendum. Photo: composition by Jazmin Ceras/La República
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Constituent Assembly
Another aspect developed by the Executive’s project is the eventual composition of the constituent assembly: 40% from political parties, 30% would be independent candidates, 26% would be from indigenous peoples and 4% from Afro-Peruvian peoples.
This assembly would be composed under the approach of gender parity Y the election of the 130 members would be within 120 days after the citizen consultation, in case the yes vote wins.
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Then this instance would have a maximum of one year to draft the proposal for the new Constitution, which would also be put to a referendum.
This new assembly would work in parallel and the mandate of the current congressmen and the president would be maintained.
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Without the necessary votes
The document was presented to Parliament yesterday and now The next step is the debate in the Constitution Commission, which is chaired by the Fujimorist Patricia Juárez.
The constitutionalist Omar Cairo points out that the decision is exclusive to Parliament. “The power or not to approve this project of the Executive falls exclusively on Congress. If the Constitution Commission decides to file this project, the discussion is over”, points.
In fact, Peru Libre and its allies in Democratic Change (formerly Together for Peru) they barely add 6 votes in the Constitution Commission. The other allied group, Democratic Peru, does not even have a presence in this working group.
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Instead, the other benches have 13 votes in the Constitution, with which they can send the project to the file.
The same goes to plenary. Peru Libre, Cambio Democrático and Perú Democrático would barely add 44 votes. Very far from reaching 66 votes, for the ordinary approval of the reform.
Aníbal Torres himself stressed yesterday that the decision ultimately rests with the Legislative Power. “Congress may submit it to debate and approve it, or it may not do so, as it has done with the different projects to modify the Constitution that we have presented”, express.
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congressional opposition
From the benches, several voices have already announced that they will not support this Executive proposal in votes.
From Popular Action, Wilson Soto, who is also a member of the Constitution Commission, declared in a personal capacity: “We must not lose focus on what the country needs to get ahead and we will not play along with the Executive.”
Norma Yarrow, of Avanza Country, also answered our call and said: “For us it is totally unconstitutional” the project.
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From the Alliance for Progress, the first vice president of Parliament, Lady Camones, declared: “From the conversations with the colleagues (of the bench) I can say that we all disagree.” The spokesman Eduardo Salhuana He added that the Executive’s project “is a gimmicky, demagogic proposal that demonstrates a government without a north, without direction.”
“We will definitely not support this project, because a Constituent Assembly is not a priority,” he said, for his part, Wilmar Elera, from Somos Peru.
That’s the way it is, Castillo would only seek to transfer to Congress the political responsibility for the non-convening of a Constituent Assembly.
YOU CAN SEE: Referendum for the Constituent Assembly: 5 keys to the project that Pedro Castillo sent to Congress
keys
Step 1. Congress would have to approve the reform bill. If the Constitution Commission rejects it, everything comes to nothing.
Step 2. Only if the commission and the plenary approve the project, the country would decide in October whether or not to support a Constituent Assembly. The new text would be drafted for a year.
Step 3. The new text would have to be submitted for consideration by the citizens, for their support or rejection, through a new citizen consultation.
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reactions
Lady Camones. Vice President, Congress
“Everyone (at APP) disagrees. The president (Pedro Castillo), in the name of the people, is making the worst decisions, and he does so hand in hand with a criminal (Vladimir Cerrón)”.
Wilmar Elera, spokesperson for Somos Peru
“We will definitely not support this project. We don’t need a constituent assembly to put it on the table. The political rug is citizen security, education, water.”
Wilson Soto, AP Congressman
“The Constitution Commission, of which I am a member, will responsibly evaluate the project. But We must not lose focus on what the country needs. We will not play along with the Executive Branch.”
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The Castle Proposal
The Government proposes to add a constitutional article (207) to have a third path for the total change of the Magna Carta, through the referendum.
The proposal is also precise in pointing out that the referendum would have to take place this year, together with the regional and municipal elections in October. The deadlines are very tight and everything depends on Congress.
