Face and seal: Should the Constitution be changed?

The change of the Political Constitution of Peru It is one of the main axes of the current electoral contest. On the one hand, Free Peru promotes convening a constituent assembly to change the Magna Carta. For another, Popular Force supports maintaining the current law of laws. Representatives from both groups discuss the matter.

The Constitution must be changed, by Betsy Chávez

“The Constitution of 93 […] it was born out of chaos, the fragmentation of democracy and the cloak of impunity. “

Yes. In these lines we will indicate which are the factors that allow and argue legally, politically, socially and economically a new social pact. Thus, there is a current constitutional framework that allows this total reform, without calling it a “constituent assembly” (arts .: 206 °; 32.1 °). In political-social terms, the Constituent Congress that gave rise to the 1993 Constitution was born out of the self-coup of April 5, 1992. In simple terms, it was born out of chaos, the fragmentation of democracy and the cloak of impunity. The 1993 Constitution was established in full development of the Fujimori dictatorship, with a concentration of media and manipulation of public opinion, and with the persecution of social leaders. The 1993 Constitution not only established the institutionalization of corruption from the moral point of view, but there is an impact of this that has repercussions on fundamental rights: the money that should benefit the strengthening of the health and / or education systems, transportation, housing and other of the many unresolved issues in Peru, it was used in bribes and bribes of a few destined to have a lot compared to a few who will not have opportunities to have anything.

The social market economy (Title III – Constitution of Peru), in a term of thirty years, has not created the conditions to guarantee fundamental rights, having an investment of the public budget of little more than 3% in thirty years, while our Peers in the region have increased these figures to 5%, 5.5%, 6% and 6.5%, according to Ceplan. We are below the average in Latin America. And we return to the issue of corruption, which does not arise from management problems, but finds support in the constitutional framework by having permissive guiding verbs for the affectation of legal assets or fundamental rights such as education, health, work, housing, rights of consumers, access to water resources to be able to develop agriculture and livestock, decentralization, institutions, governability and State structure. Fundamental axes that do not depend on isolated efforts in the districts, provinces or regions of the country, because if not, where would be the promoter role of the State regarding the strengthening of the institutionality? Hence, corruption and functional misconduct have caused economic losses of 23,000 million soles in 2019, according to the Comptroller General of the Republic; figures that are a constant in the country because we have a constitution that is permissive to corruption.

Investments in the country are essential, to the extent that economic growth can be felt in the development of all regions of the country (be careful, not in some, but in all). For this reason, the tax renegotiation proposed by the Peru Libre political party finds a foothold in a popular economy with markets, in order to improve indicators in investment, health, education, poverty reduction, etc.

Societies in the historical process develop thanks to changes. The task is to guarantee changes through democratic consensus, that is the commitment of Peru Libre.

Let’s defend the Constitution, by Rosangella Barbarán

“It is clear that the problem is not our Constitution.”

Today we are faced with voices that want to make the population believe that the marked inequalities that exist in our country are the fault of the Constitution. However, they are unaware that the social gaps that remain despite the economic growth that Peru has shown in the last three decades, are the result of the inefficiency of local, regional and central governments, added to the high levels of corruption that have paralyzed the execution of important projects.

As a political party we understand that constitutions are dynamic because reality is changing. But in no way do we believe in establishing a constituent assembly to draft a New Constitution that would disrupt the guidelines that have allowed us to grow. For example, if I had to propose some modification, I consider it important to delimit and specify the scope of the different mechanisms of political control to avoid factual interpretations that return us to scenarios of political instability.

The 1993 Constitution was not imposed by a person and / or political group, it arises after a long process of dialogue and consensus between different forces from both the right and the left. Later, it was submitted to a referendum, that is, the Peruvian population ratified it as the new Magna Carta, becoming the first and only one to be subjected to this popular participation procedure.

Said Constitution supports a social market economy, which means having an economy that guarantees the free market and also the subsidiary nature of the State in important sectors for all Peruvians, such as: education, health, security, among others. On the other hand, it guarantees private investment instead of scaring it away, which has allowed the generation of thousands of jobs and the development of entrepreneurship in various sectors.

Another important contribution of the 1993 Constitution is the creation of constitutionally autonomous bodies such as the Ombudsman’s Office whose objective is to defend and promote people’s rights. Even the candidate Castillo himself, who intends to disappear her, has come to ask for guarantees from the institution he intends to dismantle.

We cannot miss the great change of direction that was achieved thanks to leaving aside the famous little machine that generated a hyperinflation of more than 7,000%, where to go buy milk you needed a tower of bills. The 1993 constitution granted autonomy to the Central Reserve Bank prohibiting financing the public sector and guaranteeing the macroeconomic stability of our country.

Why change something that works? The answer lies in ideological flaws that do not make it possible to recognize the positive results that the implementation of the 1993 Constitution brought us: the poverty rate fell from 55% to 23%, average inflation reached 4.5%, our GDP tripled.

It is clear that the problem is not our Constitution but those who have misused it. We need a forward change where the government, based on the 1993 Constitution, works hand in hand with the people to close the gaps that afflict us.

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