Home > 2.1.4 Others > PERU-Opinion on the draft amendment of Article 99 of the Constitution concerning the impeachment of members of election management bodies
 
 
 
Download file    
 
 
79.
 

The pending reform of Article 99 of the Constitution of Peru aims at adding the members of the National Election Board (JNE), the Head of the Oficina Nacional de Procesos Electorales (ONPE) and the Head of the Registro Nacional de Identificación y Estado Civil (RENIEC) to the high-ranking State officials whom Congress, pursuant to Article 100, may suspend, dismiss and/or disqualify from holding office for up to ten years.58 The aim of the reform, which has been encouraged by the Constitutional Court (see above), is to extend the powers of the Congress under Articles 99 and 100 of the Constitution to the electoral bodies. The main argument in support of the reform is that these high state officials perform fundamental functions in a democratic state, and it is necessary to control the due exercise of these powers, by those officials and to exercise adequate and legitimate oversight in relation to possible accusations, notably of corruption, made against them; instead, they are currently the only such high state officials who do not fall under the impeachment powers of Congress set out in Articles 99 and 100 of the Constitution. In addition, some of the interlocutors consulted by the Commission Delegation stressed that only two members of the JNE, the President (who is a judge of the Supreme Court) and the senior Prosecutor, benefit from the protections accorded by Article 99, while the other members of the JNE, the Head of the ONPE and the Head of RENIEC, do not.