The Peruvian Constitutional Crisis Explained
Peru, the copper-rich Latin American nation known for the Andes Mountains and rich history of the Inca empire, was once also the model open-market economy in South America. In the past two decades, the country has more than quadrupled GDP while maintaining democratic governance. However, hidden scandal and widespread corruption during this period of unprecedented growth has recently begun to bubble to the surface.
Each of the last four Peruvian presidents have either been jailed on corruption charges or are currently under investigation. And in a country marred by mounting scandal and political gridlock, Martin Vizcarra, the newly-instated Peruvian president following the resignation of Pedro Pablo Kuczynski, has taken extreme measures to combat what many Peruvian citizens perceive as an inefficient and corrupt system.
On Sept. 30, President Vizcarra dissolved the Peruvian Congress, ostensibly to deliver on major anti-corruption reforms. He announced shortly afterward that new elections will be held in January.
The move came after months of tension between the executive administration and the majority opposition party, Fuerza Popular. However, it was Prime Minister Salvador del Solar who initiated the series of events which ultimately led to Vizcarra suspending Congress. Del Solar requested the cuestión de confianza—a constitutional tool of the executive used to force members of Congress to end deadlock—to force Congress to address a proposal for reforming the election process for Peruvian Constitutional Tribunal (a Supreme Court-like body).
Head of Congress, and head of the official opposition, Pedro Olaechea, ignored the demand, and Congress elected a member to the Constitutional Tribunal. The new member, Gonzalo Oritz de Zevallos, is a relative of Olaechea and a political neophyte with no judicial experience.
It was this rushed election, raising several serious questions about the strength of Peru’s Constitution, which prompted President Vizcarra to dissolve the Congress and schedule elections for January 2020.
Congress, in a bizarre move following its dissolution, rushed to approve the cuestión de confianza, vote for the suspension of the president, and finally, swear in Vice President Mercedes Aráoz as the new president. These actions, however, carried no legal weight, and Aráoz resigned the following day.
The Peruvian Constitution endows the executive with ability to dissolve Congress, if it rejects two votes of confidence in one administration. There is debate, however, whether or not two such votes ever took place. Vizcarra contends the first vote occurred under his predecessor and the second occurred when Congress disobeyed the cuestión de confianza. His opponents argue that his move to dissolve the Congress was simply an unconstitutional power grab.
Despite the extremity of his action, Vizcarra is more popular than ever. His approval rating jumped to 82 percent after dissolving Congress, based on a poll from Lima-based Datum Internacional. His decision to suspend Congress was supported by 85 percent of those polled. 74 percent said it will be beneficial for the country. People celebrated on the streets in cities across Peru.
The state of democracy is precarious in Peru. Given his popularity, Vizcarra is likely to guide the formation of the new Congress, but in a poll released last month by the Latin American Public Opinion Project, only 28 percent of Peruvians say they are satisfied with democracy. While anti-corruption reforms are needed, the country will need continued economic growth to ensure Peru does not succumb to regional trends that have led to increased poverty and the rise of quasi-facist leaders.