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February 23, 2023
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Referendum for constituent assembly is unfeasible

Referendum for constituent assembly is unfeasible

The Plenary of the National Elections Jury (JNE) issued a statement in which it remarked that the proposal that seeks a call for a national referendum to consult the public on a to elaborate a new Constitution, is unfeasible.

The Constitution and Regulation Commission of Congress had consulted the electoral entity on bill 3828, promoted by legislator Sigrid Bazán, who intends to apply that way to change the Magna Carta.

The JNE responded to the working group that the proposal for a referendum for a constituent assembly “is not in accordance with the issues provided for in the Constitution for the use of this popular participation mechanism.”

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He added that with regard to constitutional reforms, (the referendum) is a mechanism that is only used after a project has been approved by the Legislature (without reaching the necessary votes for the reform to be approved directly).

For the constitutional lawyer Lucas Ghersi, the decision of the JNE has been the most successful, because “it is not possible to call a referendum in the abstract on whether or not to call a constituent assembly; in Peru, in order to have a referendum, it can only be referred to a bill for a constitutional reform”.

He also pointed out that the left’s insistence on the measure is because their proposals “are so bad that they don’t dare to propose them directly.”

another impossible project

The JNE also ruled on bill 3288, which proposes to modify and guarantee the vote for people who are in prison.

“The right to vote for persons deprived of their liberty that it promotes, not only reaches those who do not have a final sentence, but also everyone in general, which is currently prohibited by the Constitution and the Organic Law on Elections,” the entity recalled.

Data

  • Last week, the No Constituent Assembly movement presented more than 600,000 signatures against the measure.
  • Castillista legislators tried to gather signatures to call a direct referendum and see if the Constitution was changed or not.

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