PRESENTED BY THE OAS MISSION IN PERU
The Organization of American States (OAS) Mission to Peru
is in Lima in follow up to OAS Resolution
1753, unanimously adopted on June 5 by all 34
Foreign Ministers and other Heads of Delegation of OAS member states during their 30th
General Assembly in Windsor, Canada and also in response to an invitation from the
The Mission will explore, with the Government of Peru,
other sectors of the political community and civil society, options and recommendations
aimed at further strengthening democracy in that country, in particular measures to reform
the electoral process, ensure the independence of the judiciary and the constitutional
tribunal, as well as strengthening freedom of the press - areas identified by the OAS
Electoral Observation Mission.
During the two-day visit, the Mission will seek the
political commitment of all parties to ensure that differences are resolved using only
peaceful means, in view of the continuing polarization within the country.
It is imperative that the expression of this commitment be
accompanied by a clear timetable for the implementation of reforms so that concrete,
measurable results can be achieved.
The Mission will report to Foreign Ministers following its
return and periodically thereafter as required. The Mission will end when its
recommendations have been implemented.
This process, which will be accompanied by the OAS, will
require the agreement of the Opposition and the participation of the Ombudsman. Should
this vast reform process be put in place, the country will be better prepared to advance a
national dialogue which will allow for reconciliation and thus pave the way to a national
consultation to ratify the agreements.
The Mission, on the basis of wide consultations with
political actors and civil society, puts forward the following proposals as themes for
COMPONENTS OF THE PROCESS
1. REFORM OF THE ADMINISTRATION OF JUSTICE,
STRENGTHENING THE RULE OF LAW AND ENSURING THE SEPARATION OF POWERS
A. Independence of the Judiciary
_ Ensuring the independence of the Judiciary.
_ Dissolution of the Executive Commissions intended to
reform the Judiciary according to Law 27009 and the restoration of the original Statutes
of the Judiciary and the Public Ministry.
_ Solving the problem of provisional judges. Restoring the
full independence of the Consejo Nacional de la Magistratura and giving it full
independence to select judges and prosecutors.
_ Reform of the system of military justice.
_ Ensuring constitutionality of legislation B options:
_ Re-establishing the Constitutional Tribunal, through the
re-installation of the three judges that had been dismissed by Congress.
_ Selecting new judges for the Constitutional Tribunal on
the basis of a consensus by all parties in Congress.
- Balancing the Protection of Human Rights and Security
_ Establishment of an independent national human rights
commission to oversee the respect of human rights and to complement the role of the
_ Studying the possibility for returning to the
jurisdiction of the Inter-American Court of Human Rights.
_ Inviting a visit in loco of the Inter-American
Commission on Human Rights.
_ Establishment of a national human rights plan with the
advice of the Inter-American Institute of Human Rights.
MECHANISM: Through Members of Congress from the Government
and the Opposition with advice from the Inter-American Juridical Committee.
- FREEDOM OF EXPRESSION AND THE MEDIA
- Solution to the ownership and control problem of the two
television stations to the satisfaction of all parties.
- Satisfactory solution to the case of Baruch Ivcher.
_ Guaranteeing the independence of the media, particularly
the electronic media, and allowing unrestricted access to the media.
_ Guaranteeing access to the media by all political
_ "Access to Information" legislation.
_ The management of state publicity in conformity with the
Ley de Contratacion y Adquisiciones del Estado.
MECHANISM: With the advice of representatives of the Press.
- ELECTORAL REFORM
_ Restructuring the electoral system in a way that the
functions of the Jurado Nacional de Elecciones and the other electoral institutions
(ONPE, Registro Nacional de Identificacion y Estado Civil) would be subsumed into a
single electoral entity.
_ Ensuring the capacity of the new electoral entity to
investigate electoral irregularities, prosecute, and apply sanctions.
- Decisions of the new electoral entity should be taken with a
reasonable majority vote in order that the new entity would make decisions in relation to
objections, sanctions and appeals.
- Members of the new electoral entity should be named in such
a way that they enjoy the confidence of all political actors.
- Establishment of multiple electoral districts.
_ Ensuring free access by all political actors to media,
especially electronic media.
MECHANISM: In agreement with the Comision de
Democratisacion and the Opposition, and with the participation of concerned civil
- SUPERVISION AND BALANCE OF POWERS
_ Strengthening the supervision functions of the
Congress of the Republic over the actions of the Administration.
_ Enlarging the scope of Congress to supervise the
Comptroller General of the Republic.
_ Establishment of a program to fight corruption.
MECHANISM: Through Members of Congress representing both
the Government and the Opposition.
- OTHER ASPECTS RELATED TO THE STRENGTHENING OF DEMOCRACY
_ Establishment of adequate and transparent mechanisms
to ensure appropriate civilian control of the activities of the intelligence services and
the armed forces.
_ Reform of the Statutes of the Congress in order to
establish a commission dedicated to the oversight of the intelligence services. Members of
this commission would be subject to special regulations to maintain the appropriate level
_ Improving the law regulating the intelligence services to
end their participation in activities not related to national security.
_ Examining measures to initiate a process of reform of the
armed forces to ensure that promotions, retirements and postings are conducted according
to established, transparent, professional criteria.
_ Expanding the participation of civilian authorities in
the Consejo de Defensa Nacional.