( Spanish) — The president of the National Elections Board of Peru, Jorge Luis Salas Arenas, warned this Wednesday at a press conference that the country’s democracy is at “serious risk” because, according to what he pointed out, “a part of Congress is attacking the democratic institutional framework for a long time”.
Salas Arenas thus made reference to the legislative proposals that seek to modify Article 99 of the Political Constitution of Peru, to include the magistrates of the National Election Jury —the highest court of electoral justice— among the high-level public officials who can be impeached in Parliament.
Article 99 establishes that it corresponds to the Permanent Commission of Congress —which is the executive body of that power— to accuse the country’s president, legislators, members of the Judiciary and other State institutions, but does not include electoral authorities.
Earlier this year, the Peruvian judiciary issued a series of resolutions that prevented Parliament, among other things, from modifying Article 99 of the Constitution to include the magistrates of the National Election Jury within the political control of Congress, which raised a dispute of competences before the Constitutional Court. In the ruling issued in February of this year, the Constitutional Court agreed with Congress, and it was also determined by “a majority of five votes to urge the Congress of the Republic to reform article 99 of the Political Constitution, as well as to reform its regulations, to incorporate the members of the JNE, the head of the ONPE and the head of the Reniec”, all bodies that make up the Peruvian Electoral System.
Consulted by , non-group congressman Carlos Anderson pointed out that “the motivation of the groups that promote this change is highly political and arises from a sense of frustration mixed with an impulse for revenge.” He added that “the inclusion of the governing members of the electoral bodies violates the principle of division of powers and makes the Legislative Branch the indisputable first power of the State and that in essence is profoundly undemocratic.”
Congresswoman Patricia Chirinos, from the Avanza País bench, which does support the modification of Article 99, told that “no official can be above the Constitution or have carte blanche to violate it, and that is the spirit of the rule, that all public officials can be judged if they have committed an infringement of the Magna Carta. Justice must be equal for all and electoral entities must not serve ideological interests”, the parliamentarian specified.
In this regard, the president of the National Election Jury (JNE) pointed out that this sector of Congress “wants control of the JNE through fear of impeachment” and that this becomes a “third wave of attacks, which on this occasion It is done based on the ruling of the Constitutional Court (…) that they propose to Parliament that they extend the impeachment trial”.
Consulted about these criticisms, the Constitutional Court told that it will not issue any pronouncement regarding what was indicated by the president of the National Election Jury.
In this regard, Congresswoman Chirinos commented to that “with the recent ruling of the TC it is clear that Salas Arenas is disqualified from presiding over the National Election Jury” and accused him of building a false narrative that democracy is in danger. “His only goal from him is to hold on to the position,” she said.
At another time during the conference, Salas Arenas recalled that the Inter-American Commission on Human Rights, in the report it issued in May of this year entitled “Situation of Human Rights in the context of social protests” states that:
“In the opinion of the Commission, these types of decisions and bills in the current situation weaken the system of checks and balances in Peru, deepen the distrust of citizens in public institutions and put the credibility of the electoral process at risk. It is noteworthy that in parallel, Congress has been discussing constitutional reform proposals for the advancement of general elections.
In the same document, the Peruvian State is recommended to: “Refrain from adopting legislative or constitutional reforms that weaken the autonomy and independence of the National Electoral System or the Judiciary.”
“Delimit the figures of constitutional accusation, presidential vacancy due to permanent moral incapacity and unilateral dissolution of Congress, in such a way that they specify, with clear and objective parameters, the punishable conducts and their corresponding consequences.”
In this regard, Salas Arenas pointed out that it is necessary for the Inter-American Commission on Human Rights to request the Inter-American Court of Human Rights to issue a provisional measure “to guarantee the performance of the functions of the president of the JNE who is subject to questioning and attack.” . When asked if this measure can stop the processes of modifying article 99 of the Constitution in Congress, Salas Arenas answered yes, that Parliament should accept compliance with this measure of the Court and that if this is not obeyed ruling of the transnational court, would be turning into a congressional dictatorship.
Electoral advance
When asked if the issue of bringing forward the elections should be considered closed, as President Dina Boluarte pointed out, the president of the National Electoral Jury specified that, if it were the case, the electoral bodies have calculated on previous occasions that they could take carry out an electoral process within a period of 230 days from the call is made. The primary elections within the parties are left out of the scheme due to having little time.
Regarding the parliamentary initiatives that seek that the Armed Forces keep a copy of the voting records during the elections, Salas Arenas recalled that the Armed Forces are not deliberative, as the Constitution establishes it, and that “democracy does not need the protection of the Armed Forces.” pointing out that otherwise, the control of the National Election Jury would not be necessary, and the count would be from the Armed Forces. and not from the National Office of Electoral Processes (ONPE).
