The Executive, made up of the President of the Republic, peter castle and the head of the Presidency of the Council of Ministers, Hannibal Torressent —this Monday, April 25— the draft constitutional reform so that in the next Regional and Municipal Elections 2022 Each citizen is given a card with the question related to whether or not you would agree to convene a constituent assembly and the subsequent elaboration of a new constitution.
Currently, the Constitution establishes two scenarios for a change of Constitutionfirst requires the approving vote of 66 members of Congress and ratification via referendum. The second way is through the approving vote of 87 parliamentarians in two consecutive legislatures. Both paths closed to the Executive, not having the necessary votes. This project proposes a third way that is by proposal of the head of statetwo-thirds of the Congress or by 0.3% of the population and approved by referendum.
Referendum in the next elections 2022
As expressed Hannibal Torres In a press conference, the Executive understands that the most democratic way to find a solution to the conflicting positions regarding a possible constituent Assembly it is through a popular consultation processin which the population itself decides whether the president peter castle he must abandon his claim to change the Constitution or give him the backing that the head of state needs to materialize his most controversial electoral promise.
The query would be the following: Do you approve the convening of a constituent assembly in charge of drawing up a new political constitution? The consultation would be carried out during the next Regional and Municipal Elections 2022, through an extra sheet that would be added to the ballot paper during the second half of this year, when Peruvians go to the polls to cast our vote.
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Constituent Assembly would have a term of nine months
According to the project sent by the Executive, the constituent Assembly would have as its main task the drafting of the proposal for the new political constitution of Peru. To do this, a period of nine months from its installation would be granted, a period that may be extended for only 120 days. The project makes it clear that this entity will not be able to hinder the work of other bodies of constitutional rank.
“The constituted powers or constitutionally autonomous bodies cannot in any way impede the decisions of the constituent assembly. This will also not be able to modify the current period of the mandate for which the president and the congressmen of the Republic were elected”, says the text.
A constituent assembly made up of 130 assembly members
the constituent assembly would be made up of 130 assembly members and its conformation will have a popular, multinational and gender parity character. It is noted that citizens who meet the conditions contemplated in the last paragraph of article 90 of the Constitution may be assembly members. Political constitution current.
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“The Plenum of the National Elections Jury regulates the form of election and the distribution of seats of the constituent assembly, which must be composed of: forty percent (40%) by representatives of registered political organizations, thirty percent (30 %) by independent candidates, twenty-six percent (26%) by representatives of indigenous peoples and four percent (4%) by representatives of Afro-Peruvian peoples”, the bill provides.
An entity with gender parity and inclusive
The goal is to achieve a true gender parity in the formation of an eventual constituent assembly. For this, it will be the Plenary of the National Election Jury (JNE) which will regulate the distribution of seats in compliance with real gender parity, as well as a representation of indigenous peoples and representatives of Afro-Peruvian peoples.
“With its regulation, it must guarantee gender parity in the candidacies and in the composition of the constituent assembly, as well as the participation of people with disabilities. The Plenary of the National Elections Jury prepares and approves the electoral schedule within a period of no more than ten (10) calendar days from the call for the election of members of the constituent assembly”, it indicates.
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How is a constituent assembly financed?
Obviously, installing a constituent Assembly would generate a cost to the Peruvian State, which must be covered by the Executivethus guaranteeing its conformation and correct operation: “The Executive Power guarantees the resources that are necessary to cover the expenses of installation and operation of the constituent assembly”, supports the proposal.
In addition to this financing, the project clarifies that all public entities maintain their functions, competence, and attributions: “During the elaboration of the project for the new political constitution, all constitutionally autonomous entities, regional and local governments, and other public entities fully maintain their functions, powers and attributions”.
