Senate of Peru
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The Congress of the Republic of Peru ( es, Congreso de la República) is the
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...
body that assumes legislative power in
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = National seal , national_motto = "Firm and Happy f ...
. Congress' composition is established by Chapter I of Title IV of the
Constitution of Peru The Constitution of Peru is the supreme law of Peru. The current constitution, enacted on 31 December 1993, is Peru's fifth in the 20th century and replaced the 1979 Constitution. The Constitution was drafted by the Democratic Constituent Congres ...
. Congress is composed of representatives who sit in congressional districts allocated to each
region In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics ( physical geography), human impact characteristics ( human geography), and the interaction of humanity an ...
, as well as two special districts, Lima Province and Peruvian citizens living abroad, on a basis of population as measured by the Peruvian Census in multi-member districts. The number of voting representatives is fixed by the Constitution at 130. Pursuant to the 2017 Census, the largest delegation is that of
Lima Province Lima Province is located in the central coast of Peru and is the only province in the country not belonging to any of the twenty-five regions. Its capital is Lima, which is also the nation's capital. Despite its small area, this province is the ...
, with 36 representatives. Due to broadly interpreted impeachment wording in the 1993 Constitution of Peru, the Congress can impeach the
President 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 ...
without cause, effectively making the legislature more powerful than the executive branch. Corruption is widespread throughout Congress as legislators use their office for parliamentary immunity and other benefits, with the large majority of Peruvians disapproving of Congress and its behavior. Congress is charged with the responsibility to pass laws and legislative resolutions, as well as to interpret, amend, or repeal existing laws. Congress also ratifies international treaties, approves the national budget, and authorizes loans on behalf of the country. It may also override presidential observations to bills by a vote of more than half the legal number of congressmen. It can also remove government official including the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
, consent to the entry of foreign troops into the national territory, and authorize the President to leave the country. Congress meets at the Legislative Palace in
Lima Lima ( ; ), originally founded as Ciudad de Los Reyes (City of The Kings) is the capital and the largest city of Peru. It is located in the valleys of the Chillón, Rímac and Lurín Rivers, in the desert zone of the central coastal part of ...
. The presiding officer is the President of Congress, who is elected by the members thereof (and is therefore traditionally the leader of the controlling party). The President and three vice-presidents are chosen by the controlling governing coalition.


History

The first Peruvian Congress was installed in 1822 as the Constitutional Congress led by Francisco Xavier de Luna Pizarro. In 1829, the government installed a bicameral Congress, made up by a Senate and a Chamber of Deputies. This system was interrupted by a number of times by Constitutional Congresses that promulgated new Constitutions that lasted for a couple of years. The Deputies reunited in the Legislative Palace and the Senators went to the former Peruvian Inquisition of Lima until 1930, when Augusto B. Leguía was overthrown by
Luis Miguel Sánchez Cerro Luis Miguel Sánchez Cerro (August 12, 1889 – April 30, 1933) was a high-ranking Peruvian army officer who served as the 41st President of Peru, from 1931 to 1933 as well as Interim President of Peru, officially as the President of the Pro ...
. He installed a Constitutional Congress (1931–1933) that promulgated the Constitution of 1933. By order of the president, the
Peruvian Aprista Party The Peruvian Aprista Party ( es, Partido Aprista Peruano, PAP) () is a Peruvian political party and a member of the Socialist International. The party was founded as the American Popular Revolutionary Alliance (APRA) by Víctor Raúl Haya de l ...
members that were in Congress were arrested for their revolutionary doctrines against the government. When Sánchez Cerro was assassinated in 1933 by an APRA member, General
Óscar R. Benavides Óscar Raymundo Benavides Larrea (March 15, 1876 – July 2, 1945) was a Peruvian field marshal, diplomat, and politician who served as the 38th (1914 – 1915, by a coup d'etat) and 42nd (1933 – 1939) President of Peru. Early life He was ...
took power and closed Congress until 1939, when
Manuel Prado Ugarteche Manuel Carlos Prado y Ugarteche (April 21, 1889 – August 15, 1967) was a banker who served twice as President of Peru. Son of former president Mariano Ignacio Prado, he was born in Lima and served as the nation's 43rd (1939 - 1945) and 46th (1 ...
was elected president. During various dictatorships, the Congress was interrupted by coups d'état. In 1968, Juan Velasco Alvarado overthrew president Fernando Belaúnde by a
coup d'état A coup d'état (; French for 'stroke of state'), also known as a coup or overthrow, is a seizure and removal of a government and its powers. Typically, it is an illegal seizure of power by a political faction, politician, cult, rebel group, m ...
, closing again the Congress. The 1979 Constitution was promulgated on 12 July 1979 by the Constitutional Assembly elected following 10 years of military rule and replaced the suspended 1933 Constitution. It became effective in 1980 with the re-election of deposed President Fernando Belaúnde. It limited the president to a single five-year term and established a bicameral legislature consisting of a 60-member Senate (upper house) and a 180-member Chamber of Deputies (lower house). Members of both chambers were elected for five-year terms, running concurrently with that of the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. Party-list
proportional representation Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
was used for both chambers: on a regional basis for the Senate, and using the
D'Hondt method The D'Hondt method, also called the Jefferson method or the greatest divisors method, is a method for allocating seats in parliaments among federal states, or in party-list proportional representation systems. It belongs to the class of highest ...
for the lower house. Members of both houses had to be Peruvian citizens, with a minimum age of 25 for deputies and 35 for senators. At the beginning of the 1990s, the bicameral congress had a low public approval rating. President
Alberto Fujimori Alberto Kenya Fujimori Inomoto ( or ; born 28 July 1938) is a Peruvian politician, professor and former engineer who was President of Peru from 28 July 1990 until 22 November 2000. Frequently described as a dictator, * * * * * * he remains a ...
did not have the majority in both chambers, the opposition led the Congress, impeding the power that Fujimori had as president. He made the decision of dissolving Congress by a self-coup to his government in 1992. Following the
self-coup A self-coup, also called autocoup (from the es, autogolpe), is a form of coup d'état in which a nation's head, having come to power through legal means, tries to stay in power through illegal means. The leader may dissolve or render powerless ...
, in which Congress was dissolved, the
Democratic Constitutional Congress The Democratic Constituent Congress (Spanish: ''Congreso Constituyente Democrático'') was a Constituent Assembly created in Peru after the dissolution of Congress by President Alberto Fujimori in 1992. Its main purpose was to amend the Constitu ...
established a single chamber of 120 members. The Democratic Constitutional Congress promulgated the 1993 Constitution in which gave more power to the President. The new
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...
Congress started working in 1995, dominated by Fujimori's Congressmen that had the majority. The Congress permits a one-year term for a Congressman or Congresswoman to become President of Congress. During the presidencies of
Ollanta Humala Lieutenant colonel Ollanta Moisés Humala Tasso (; born 27 June 1962) is a Peruvian politician and former military officer who served as President of Peru from 2011 to 2016. Originally a socialist and left-wing nationalist, he is considered ...
,
Pedro Pablo Kuczynski Pedro is a masculine given name. Pedro is the Spanish, Portuguese, and Galician name for ''Peter''. Its French equivalent is Pierre while its English and Germanic form is Peter. The counterpart patronymic surname of the name Pedro, meaning " ...
and
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 P ...
, the right-wing Congress led by the daughter of the former Peruvian dictator Alberto Fujimori,
Keiko Fujimori Keiko Sofía Fujimori Higuchi (; ja, 藤森 恵子, Fujimori Keiko; born 25 May 1975) is a Peruvian politician. Fujimori is the eldest daughter of former Peruvian president Alberto Fujimori and Susana Higuchi. From August 1994 to November 200 ...
, obstructed much of the actions performed by the presidents. According to Walter Albán, head of
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 ...
Peru, the Congress of Peru has recently been infiltrated by criminal groups that obstruct reforms in order to maintain their status and parliamentary immunity. The 2016-2021 congressional term was dissolved by 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 P ...
in September 2019, triggering the 2019–2020 Peruvian constitutional crisis. Vizcarra issued a decree that set snap elections for 26 January 2020. The representatives served out the remainder of the original legislative term, which expired in July 2021. On 26 July 2021, the new and current Congress was sworn in, with an alliance led by Popular Action member María del Carmen Alva successfully gaining control of Peru's Congress. On 7 December 2022, the President of Peru attempted to dissolve the congress, however in reaction, he was impeached and removed by congress. At the time, Congress had its lowest approval rating, with less than 10% of Peruvians approving of the legislative body.


Membership


Qualifications

Article 90 of the
Peruvian Constitution The Constitution of Peru is the supreme law of Peru. The current constitution, enacted on 31 December 1993, is Peru's fifth in the 20th century and replaced the 1979 Constitution. The Constitution was drafted by the Democratic Constituent Congres ...
sets three qualifications for congressmen: (1) they must be natural-born citizens; (2) they must be at least 25 years old; (3) they must be an eligible voter. Candidates for president cannot simultaneously run for congress while vice-presidential candidates can. Furthermore, Article 91 states that high-ranking government officers and any member of the armed forces or national police can only become congressmen six months after leaving their post.


Elections and term

Congressmen serve for a five-year term and can be re-elected indefinitely even though this is very rare. Elections for congress happen simultaneously as the election for president. Seats in congress are assigned to each region in proportion to the region's population. Congressional elections take place in April. The
D'Hondt method The D'Hondt method, also called the Jefferson method or the greatest divisors method, is a method for allocating seats in parliaments among federal states, or in party-list proportional representation systems. It belongs to the class of highest ...
, a
party-list proportional representation Party-list proportional representation (list-PR) is a subset of proportional representation electoral systems in which multiple candidates are elected (e.g., elections to parliament) through their position on an electoral list. They can also be us ...
system, is used to allocate seats in congress. Political parties publish their party list for each region ahead of the election. Candidates do not need to be members of the political party they run for but may run for such party as a guest. Each candidate is assigned a number within the list. The citizenry thus votes for the party of their preference directly. Additionally, voters may write two specific candidates' number on the ballot as their personal preference. The newly elected congress takes office on the 26 July of the year of the election.


Disciplinary action

Congressmen may not be tried or arrested without prior authorization from Congress from the time of their election until a month after the end of their term. Congressmen must follow the Congress' code of ethics which is part of its self-established Standing Rules of Congress. ''La Comisión de Ética Parlamentaria'', or Parliamentary Ethics Committee, is in charge of enforcing the code and punishing violators. Discipline consist of (a) private, written admonishments; (b) public admonishments through a Congressional resolution; (c) suspension from three to 120 days from their legislative functions. Any congressmen may lose their parliamentary immunity if authorized by Congress. The process is started by the Criminal Sector of the Supreme Court who presents the case to the Presidency of Congress. The case is then referred to a special committee of 15 congressmen known as ''Comisión de Levantamiento de Inmunidad Parlamentaria'', or Committee on Lifting Parliamentary Immunity, that decides if the petition should be heard by the body as a whole. The accused congressmen has the right to a lawyer and to defend himself before the committee and before the Plenary Assembly. The final decision is then communicated back to the Supreme Court.


Salary

Every congressman receives a monthly salary of 15,600
Peruvian sol The sol (; plural: soles; currency sign: S/) is the currency of Peru; it is subdivided into 100 ''céntimos'' ("cents"). The ISO 4217 currency code is PEN. The sol replaced the Peruvian inti in 1991 and the name is a return to that of Peru's ...
es (approximately US$4,000). They further receive 7,617 Peruvian soles (approximately $2,100) for congressional function expenses and 2,530 Peruvian soles (approximately $700) for congressional representation week expenses to support them in their official and representational duties to their district. Each congressman further receives a 33,027 Peruvian soles (approximately $9,000) personnel allowance. Congressman also receive a one-time extra monthly salary before the beginning of their term, known as an installation expenses allowance.


Officers


Presiding over Congress


President and Bureau

The most important officer is the President of Congress who is fourth in line of presidential succession if both the President and both vice-presidents are incapable of assuming the role. The President of Congress can only serve as interim president as he is required to call new elections if all three executive officers are not incapable of serving. This has happened once since the adoption of the current constitution when Valentín Paniagua became the interim president after the fall of the Alberto Fujimori regime in 2000. The President of Congress is elected for a one-year term by the rest of Congress. Re-election is possible but uncommon. The President of Congress is almost always from the majority party. Its most important responsibility is to control and guide debate in Congress. He also signs, communicates and publishes bills and other decisions made by Congress. He may delegate any of these responsibilities to one of the vice-presidents of Congress. The president serves along three vice-presidents who are collectively known as ''Mesa Directiva del Congreso'', known as the Bureau in English. The three vice-presidents are not always from the same party as the president. The Bureau approves all administrative functions as well as all of Congress' internal financial policy and hiring needs. Any member of the Bureau may be censored by any member of Congress.


Executive Council

''El Consejo Directivo'', or Executive Council, consists of the four members of the Bureau as well as representatives from each political party in Congress which are known as Executive-Spokespersons. Its composition is directly proportional to the number of seats each party holds in Congress. The council has administrative and legislative responsibilities. Similar to the United States House Committee on Rules, it sets the calendar for the Plenary Assembly and fixes floor time for debating calendar items.


Committees


Board of Spokespersons

Each political party in Congress chooses a Spokesperson who acts as the party leader and is a member of the Board of Spokespersons alongside the members of the Bureau. The Board of Spokespersons main role deals with committee assignments as well as the flow of bills from the committees to the Plenary Assembly.


Secretariat General

La Oficialía Mayor, or Secretariat General, is the body of personnel led by the Secretary-General. It is responsible for assisting all members of Congress with daily managerial tasks. The Secretary-General is chosen and serves under the direction of the Bureau and Executive Council.


Procedure


Committees

Standing Committees are in charge of the study and report of routine business of the calendar, especially in the legislative and oversight function. The President of Congress, in coordination with Parliamentary Groups or upon consultation with the Executive Council, proposes the number of Standing Committees. Each party is allocated seats on committees in proportion to its overall strength. Most committee work is performed by 24 standing committees. They examine matters within their jurisdiction of the corresponding government departments and ministries. They may also impede bills from reaching the Plenary Assembly. There are two independent committees, the Permanent Assembly and the Parliamentary Ethics Committee.


Investigative and Special Committees

Investigative committee are in charge of investigating a specific topic as directed by Article 97 of the Constitution. Appearances before investigative committees are compulsory, under the same requirements as judicial proceedings. Investigative committee have the power to access any information necessary, including non-intrusive private information such as tax filings and bank financial statements. Investigative committees final reports are non-binding to judicial bodies. Special committees are set up for ceremonial purposes or for the realization of special study or joint work with other government organizations or amongst congressional committees. They disband after they fulfill their assigned tasks.


The Permanent Assembly

The Permanent Assembly, or ''Comisión Permanente'', fulfills the basic functions of Congress when it is under recess or break. It is not dissolved even if Congress is dissolved by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
. It also fulfills some Constitutional functions while Congress is in session similar to what an upper-chamber would. It has the responsibility of appointing high-ranking government officers and commencing the removal process of them as well as the heads of the two other branches of government. The Plenary Assembly may assign this committee special responsibilities excluding constitutional reform measures, approval of international treaties, organic acts, the budget, and the General Account of the Republic Act. The Assembly consist of twenty-five percent of the total number of congressmen elected proportionally to the number of seats each party holds in Congress. They are installed within the first 15 days of the first session of Congress' term.


Parliamentary Ethics Committee

Congressmen must follow the Congress' code of ethics which is part of its self-established Standing Rules of Congress. ''La Comisión de Ética Parlamentaria'', or Parliamentary Ethics Committee, is in charge of enforcing the code and punishing violators. Discipline consists of (a) private, written admonishments; (b) public admonishments through a Congressional resolution; (c) suspension from 3 to 120 days from their legislative functions.


Functions

Article 102 of the Peruvian Constitution delineated ten specific functions of Congress which deal with both its legislative power as well as its role as a check and a balance to the other branches of government: # To pass laws and legislative resolutions, as well as to interpret, amend, or repeal existing laws. # To ensure respect for the Constitution and the laws; and to do whatever is necessary to hold violators responsible. # To conclude treaties, in accordance with the Constitution. # To pass the Budget and the General Account. # To authorize loans, in accordance with the Constitution. # To exercise the right to amnesty. # To approve the territorial demarcation proposed by the Executive Branch. # To consent to the entry of foreign troops into the territory, whenever it does not affect, in any manner, national sovereignty. # To authorize the President of the Republic to leave the country. # To perform any other duties as provided in the Constitution and those inherent in the legislative function.


Current composition and election results

After widespread protests the previous year, the 2021 election saw a surge in support for the new left-wing
Free Peru Free Peru ( es, Perú Libre), officially the Free Peru National Political Party ( es, Partido Político Nacional Perú Libre), is a Marxist political party in Peru. Founded in 2008 as the Free Peru Political Regional Movement, the party was off ...
, which also won the
presidential election A presidential election is the election of any head of state whose official title is President. Elections by country Albania The president of Albania is elected by the Assembly of Albania who are elected by the Albanian public. Chile The pre ...
with
Pedro Castillo José Pedro Castillo Terrones (; born 19 October 1969) is a Peruvian politician, former elementary school teacher, and union leader who served as the President of Peru from 28 July 2021 to 7 December 2022. On 7 December 2022, he was impeached a ...
on the same day. However, a coalition of right-wing parties holds the majority of Congress and have been strongly opposed to President Castillo. The Fujimorist
Popular Force People's Force ( es, Fuerza Popular, FP), known as Force 2011 ( es, Fuerza 2011, links=no) until 2012, is a right-wing populist and Fujimorist political party in Peru. The party is led by Keiko Fujimori, former congresswoman and daughter of for ...
, that had dominated the legislature during the reign of
Keiko Fujimori Keiko Sofía Fujimori Higuchi (; ja, 藤森 恵子, Fujimori Keiko; born 25 May 1975) is a Peruvian politician. Fujimori is the eldest daughter of former Peruvian president Alberto Fujimori and Susana Higuchi. From August 1994 to November 200 ...
, regained 9 seats from their poor performance in the 2020 election, making them the second largest party, while the new far-right
Popular Renewal Popular Renewal (Spanish: ''Renovación Popular,'' RP) is a Peruvian conservative political party. Founded in 2020, the party is the successor of the former National Solidarity Party founded and led by former Lima Mayor Luis Castañeda Lossio. F ...
party also gained 13 seats while the conservative Go on Country won 7 seats. The previously dominant center-right parties Popular Action and
Alliance for Progress The Alliance for Progress ( es, Alianza para el Progreso, links=no), initiated by U.S. President John F. Kennedy on March 13, 1961, ostensibly aimed to establish economic cooperation between the U.S. and Latin America. Governor Luis Muñoz Marí ...
both lost some seats. The new or previously minor parties that has gained ground in the 2020 election, Purple Party, We Are Peru and Podemos Perú also all lost seats, while the Ethnocacerist Union for Peru, leftist Broad Front and Agrarian Agricultural People's Front all failed to win any seats. Contigo, the successor to former president
Pedro Pablo Kuczynski Pedro is a masculine given name. Pedro is the Spanish, Portuguese, and Galician name for ''Peter''. Its French equivalent is Pierre while its English and Germanic form is Peter. The counterpart patronymic surname of the name Pedro, meaning " ...
's Peruvians for Change party, also failed to win a seat and continued its downwards trend of the previous election, receiving only around 0.05% of the vote.


Possible Reform

Peruvian expresident
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 P ...
proposed a series of political reforms as a response to the CNM audios scandal during his Independence Day message on 28 July 2018. One of his proposals was the establishment of a bicameral legislature similar to the one that existed in Peru before the 1993 Constitution. Congress passed a version of Vizcarra's bicameralism proposal on 3 October 2018. Legislators were to be elected by direct elections similar to the ones held now for Congress for a period of five years. The presidency of Congress would alternate annually between the presidency of each one of the Chambers. Each chamber would take on special duties and responsibilities unique to their chamber. The Senate would approve treaties, authorize the mobilization of foreign troops into the national territory, and have the final say on accusations of high-ranking officials made by the Chamber of Deputies. The Chamber of Deputies would approve the budget, delegate legislative faculties to the executive, and conduct investigations. The proposal was modified by the
Popular Force People's Force ( es, Fuerza Popular, FP), known as Force 2011 ( es, Fuerza 2011, links=no) until 2012, is a right-wing populist and Fujimorist political party in Peru. The party is led by Keiko Fujimori, former congresswoman and daughter of for ...
majority in Congress to weaken the power of the presidency and President Vizcarra quickly withdrew his support for creating a bicameral congress. A
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on the bicameralism proposal, as well as three other constitutional amendment proposals, was held on 9 December 2018. The bicameralism proposal was rejected by 90.52% of the voters as consequence of Vizcarra withdrawal of support for the proposal. Congressman Omar Chehade presented a new bicameralism constitutional amendment in November 2020 which has so far not been approved by Congress.


See also

*
Politics of Peru The politics of the Republic of Peru takes place in a framework of a Unitary state, unitary Semi-presidential system, semi-presidential Representative democracy, representative democratic republic, whereby the President of Peru is both head of st ...
*
List of legislatures by country This is a list of legislatures by country. A "legislature" is the generic name for the national parliaments and congresses that act as a plenary general assembly of representatives and that have the power to legislate. All entities included i ...


References


External links


Official Peruvian Congress SiteOfficial Peruvian Congress Site in EnglishList of Members of Congress (Spanish)
{{Authority control Government of 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 = National seal , national_motto = "Firm and Happy f ...
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = National seal , national_motto = "Firm and Happy f ...