2019–2020 Peruvian Constitutional Crisis
   HOME

TheInfoList



OR:

The 2019–2020 Peruvian constitutional crisis began when President
Martín Vizcarra Martín Alberto Vizcarra Cornejo (; born 22 March 1963) is a Peruvian engineer and politician who served as President of Peru from 2018 to 2020. Vizcarra previously served as Governor of the Department of Moquegua (2011–2014), First Vice Pre ...
dissolved the Congress of Peru on 30 September 2019 considering a ''de facto'' denial of the vote of confidence. Congress responded by declaring Vizcarra's presidency suspended and appointed Vice President Mercedes Aráoz as interim president, moves that were largely seen as null and void. The next day, on 1 October 2019, interim president Aráoz announced her resignation, while Vizcarra issued a decree for legislative
snap election A snap election is an election that is called earlier than the one that has been scheduled. Generally, a snap election in a parliamentary system (the dissolution of parliament) is called to capitalize on an unusual electoral opportunity or to ...
s to be held on 26 January 2020.


Background

The
presidency of Peru The president of Peru ( es, link=no, presidente del Perú), officially called the president of the Republic of Peru ( es, link=no, presidente de la República del Perú), is the head of state and head of government of Peru. The president is th ...
and the Congress of Peru have been in conflict since the beginning of the tenure of former President Pedro Pablo Kuczynski in 2016. On 15 September 2017, Congress passed, by a wide margin, a
motion of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
against the
prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
and the
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
, leading to a complete overhaul of the cabinet and appointment of a new prime minister. Kuczynski resigned from office in March 2018, when the vote-buying
Kenjivideos scandal The ''Mamanivideos '' scandal (also called Keikovideos and Kenjivideos) is a political scandal that occurred in Peru in 2018 as part of the currently ongoing political crisis. It followed the release of videos filmed by Congressman Moisés Maman ...
broke. He was replaced by First Vice President,
Martín Vizcarra Martín Alberto Vizcarra Cornejo (; born 22 March 1963) is a Peruvian engineer and politician who served as President of Peru from 2018 to 2020. Vizcarra previously served as Governor of the Department of Moquegua (2011–2014), First Vice Pre ...
. Vizcarra made anti-corruption initiatives his main priority, pushing for a constitutional referendum to prohibit private funding for political campaigns, to ban the re-election of lawmakers, and to create a second legislative chamber.
Transparency International Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil ...
praised the move: "This is a very important opportunity, one that is unlike previous opportunities because, in part, the president appears genuinely committed." While Vizcarra pursued actions against corruption, political leader Keiko Fujimori was arrested in October 2018 on
money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdiction ...
and corruption charges related to the
Odebrecht scandal Operation Car Wash ( pt, Operação Lava Jato) was a criminal investigation by the Federal Police of Brazil's Curitiba branch. It began in March 2014 and was initially headed by investigative judge in France, but unlike judges in the common law ...
. The Fujimorists of the Popular Force party held the majority of seats in the Congress of Peru and had made Vizcarra's efforts complicated since he was vice president. Following the arrest of Fujimori, the Fujimorist-led congress introduced a bill to change Vizcarra's referendum proposals. Peruvians ultimately agreed with Vizcarra's proposals during the referendum in December 2018.


No-confidence law

In the Constitution of Peru, the executive branch can dissolve Congress after a second vote of no-confidence. The first vote of no-confidence occurred in September 2017. Demanding reforms in the Constitutional Court organic law, Vizcarra called for a vote of no confidence on 27 September 2019, stating it was "clear the democracy of our nation is at risk". Vizcarra and the
Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des Droits de l'Homme'' ...
criticized Congress for blocking a proposal for general elections while it quickly approved nominations to the Constitutional Court of Peru without investigating the backgrounds on nominees. Vizcarra sought to reform the Constitutional Court nomination process and Congress' approval or disapproval of his proposal was seen "as a sign of confidence in his administration".


Events


Constitutional Court nominations

The Congress scheduled the election of the new members to the Constitutional Court of Peru for September 30. On September 30, the prime minister Salvador del Solar went to the Legislative Palace to request the approval of an amendment to the Organic Law of the Constitutional Court as a matter of confidence. However, the Congress scheduled the minister to the afternoon. While the congress started the debate for the election of the new judges, the prime minister entered the Congress hemicycle room. Del Solar addressed the lawmakers to vote to reform the Constitutional Court nomination process. However, the Congress decided to postpone the vote of the amendment to the afternoon. The Congress named a new member to the Constitutional Court of Peru. Many of the Constitutional Court nominees selected by Congress were alleged to be involved in corruption. Hours later, the Congress approved the confidence motion.


Dissolution of Congress

Notwithstanding the affirmative vote, Vizcarra stated that the appointment of a new member of the Constitutional Court constituted a ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...
'' vote of no confidence. He said that it was the second act of no-confidence in his government, granting him the authority to dissolve Congress. These actions by Congress, as well as the months of slow progress towards anti-corruption reforms, pushed Vizcarra to dissolve the legislative body on 30 September, with Vizcarra stating "Peruvian people, we have done all we could."


Congress declares interim president

Shortly after Vizcarra announced the dissolution of Congress, the legislative body refused to recognize the president's actions, declared Vizcarra as suspended from the presidency, and named Vice President Mercedes Aráoz as the interim president of Peru. Despite this, Peruvian government officials stated that the actions by Congress were void as the body was officially closed at the time of their declarations. By the night of 30 September, Peruvians gathered outside of the Legislative Palace of Peru to protest against Congress and demand the removal of legislators while the heads of the Peruvian Armed Forces met with Vizcarra, announcing that they still recognized him as president of Peru and head of the armed forces.


Resignation of Aráoz

During the evening of 1 October 2019, Mercedes Aráoz, whom Congress had declared interim president, resigned from office. Aráoz resigned, hoping that the move would promote the new general elections proposed by Vizcarra and postponed by Congress. President of Congress Pedro Olaechea was left momentarily speechless when informed of Aráoz's resignation during an interview. At the time, no governmental institution or foreign government recognized Aráoz as president.


Legislative elections decreed

Vizcarra issued a decree calling for legislative elections on 26 January 2020. The Organization of American States released a statement saying that the Constitutional Court could determine the legality of President Vizcarra's actions and supported his call for legislative elections, saying "It's a constructive step that elections have been called in accordance with constitutional timeframes and that the definitive decision falls to the Peruvian people".


Response

Christine Armario of the
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. n ...
wrote, "The dissolution of congress has plunged Peru into its deepest constitutional crisis in nearly three decades, and it may also be the start of a final, bleak chapter for the country's most prominent political dynasty. When the legislature was last shut down in 1992, strongman Alberto Fujimori sat in the presidential palace calling the shots. Fast forward 27 years, and now it is the party led by his cherished eldest daughter that is being kicked out". Public opinion polls by the Institute of Peruvian Studies (IEP) showed that 84% of respondents approved of Vizcarra's move to dissolve Congress. A similar poll by Peruvian pollster CPI found 89.5% of respondents supported the dissolution of Congress.


Reactions


Martín Vizcarra

The contested President Martín Vizcarra questioned the legality of the Congressional inauguration of
Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is o ...
Mercedes Aráoz as Interim President and the members involved in this act of challenge of authority.
You can't just say 'I've sworn in as President, but I was just kidding.' Swearing into a public office in a legislative institution in front of a congressional audience is a legal action in the moment.


References

{{DEFAULTSORT:2019-2020 Peruvian constitutional crisis 2019 in Peru 2020 in Peru
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = Seal (emblem), National seal , national_motto = "Fi ...
October 2019 events in Peru September 2019 events in Peru January 2020 events in Peru Political history of Peru