Peru, national Popular or citizens initiative [PCI] - El Referéndum

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Peru
Political level
national
Local Name:
El Referéndum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Article 31
Citizens have the right to participate in public affairs through the referendum, legislative initiative, the recall or removal of officials, and the right to hold the latter accountable. They have the right to be elected and to elect their representatives freely in accordance with the conditions and procedures set forth by organic law.

Article 32

The following may be subject to a referendum:
1. total or partial reform of the constitution;
2. approval of norms having the force of law;
3. municipal ordinances; and
4. matters relating to the decentralization process.

Neither the elimination or curtailing of fundamental rights of the individual, nor tax and budget regulations, nor international treaties in effect may be subject to a referendum.

Ref.: Constitution of Peru, 1993, (retrieved April 23rd, 2018)

Article 38. - The referendum can be asked for by a non smaller number of citizens than 10 percent of the national electorate.

Article 41.- If the legislative initiative is rejected or modified substantially by Congress, in accordance with this law, the initiation of the referendum procedure may be requested, adding the necessary signatures to complete the percentage of the law.

Article 42: The result of the referendum determines the entry into force of the approved regulations, or the repeal of the disapproved ones, provided that half plus one of the voters have voted in favor of the referendum, without taking into account the null or void votes. The consultation is valid only if it is approved by not less than 30% of the total number of voters. It takes effect the day after the publication of the official results by the National Jury of Elections.

Article 43: A rule approved by referendum cannot be subject to modification within two years of its validity, except for a new referendum or agreement of the Congress in two legislatures with the vote of two thirds of the legal number of congressmen. If the result of the referendum becomes negative, the initiative cannot be repeated until after two years.

CAPITULO VI

FINAL DISPOSITIONS

Article 45: The convocation of the electoral processes, for the exercise of the political rights stipulated in the present law may be postponed by the electoral authority in case of proximity of general, regional or municipal political elections. In such a case, the process may take place simultaneously or within the next four months.

Ref.: Ley de los Derechos de Participación y Control Ciudadanos, Ley No. 26300  (retrieved April 23rd, 2018)

Subject Matter:

To initiate and call a referendum in certain cases

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
The whole electorate

Requirements

Number Of Signatures:
10% of the electorate
Available Time:
No information found in legal sources
Turnout Quorum:
Approval Quorum:
Majority (50%+1). Majority must be min. 30% of the total electorate
Geographical Quorum:
Excluded Issues:

Only possible for the following topics:
a) The total or partial reform of the Constitution, according to the Article 206. of the same.
b) For the approval of laws, regional norms of general character and municipal ordinances.
c) For the dispproval of laws, legislative decrees and emergency decrees, as well as of the norms to that the previous interjection talks about.
d) In the matters of article 190 of the Constitution, according to special law.

Ref.: Ley de los Derechos de Participación y Control Ciudadanos Ley No. 26300 (retrieved April 23rd, 2018)

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

Voting is compulsory