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Peru's President: Referendum law is undemocratic and unconstitutional

Photo: ANDINA/Presidency of the Republic

Photo: ANDINA/Presidency of the Republic

12:32 | Lima, Jan. 23.

The President of the Republic Pedro Castillo on Sunday affirmed that the law that states that all constitutional reforms must be approved by Congress before being put to a referendum is anti-democratic and unconstitutional; consequently, the Government has decided to appeal to the Constitutional Court (TC).

In a message on Twitter, the Head of State said that Congress has approved by insistence a law that mutilates citizens' right to a referendum on a Constituent Assembly, thus putting the popular will at risk.

"We will not allow Peruvians' political participation to be violated underestimating, conditioning, and subjecting their will to the mercy of the Congress's sole opinion," he expressed.

According to the President, the country needs to be refounded in the face of an evident crisis, providing the only power to the citizens.

"This affront to the population, which for years has demanded a change to a Constitution drawn up under a dictatorship, overlooks the fact that the power of the State emanates from the people, owing to its representativeness," he stated.

In this regard, the Peruvian leader pointed out that citizens have the right to take care of their own well-being.

As is known, the Executive Branch will file an unconstitutionality claim before the Constitutional Court against the regulation which establishes that any constitutional reform must be approved by the Legislative Branch before being submitted to referendum.

In a statement, the Council of Ministers indicated that the aforementioned bill violates the fundamental right of citizens to direct political participation, recognized in Article 31 of the Constitution and Article 23 of the American Convention on Human Rights.

The regulation also violates constitutional principles such as the balance of powers and democracy.

"The referendum is the highest expression of the democratic principle, since it constitutes a statement by the people, who hold the constituent power, as established in Article 45 of the Constitution," it specified.

(END) VVS/RMB

Published: 1/23/2022
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