Concerning Democratic Participation and Political Parties



Article 103

The following are the people's means of participating in the exercise of their sovereignty:
  1. the vote,
  2. the plebiscite,
  3. the referendum,
  4. the popular consultation,
  5. the open town council meeting,
  6. the legislative initiative,
  7. and the recall of officials.
The law will regulate these matters. The state will contribute to the organization, promotion, and guidance of professional, civic, trade union, community, youth and charitable or nongovernmental public-purpose associations, without prejudicing their authority so that they may constitute democratic means of representation in the various functions of participation, agreement, control, and supervision of the public activities that they undertake.

Article 104

The President of the Republic, with the approval of the ministers and the prior approval of the Senate of the Republic, may consult the people on matters of great national importance. The people's decision will be binding. Such consultation may not be concurrent with an election.

Article 105

Upon the fulfillment of the requirements and formalities prescribed by the general statute of the territorial organization and in the cases determined by the latter, the governors or mayors, as the case may be, will be entitled to hold popular consultations to decide issues failing under the jurisdiction of their respective department or municipality.

Article 106

Upon the fulfillment of the requirements that the law prescribes, the people of the territorial entities may present bills concerning issues that fall under the jurisdiction of the respective public entity, which is obligated to implement them.


Article 107

All citizens are guaranteed the right to establish, organize, and promote parties and political movements and the freedom to become affiliated with them or to withdraw from them. Social organizations are also guaranteed the right to demonstrate and to participate in political events.

Article 108

National Electoral Council will recognize is a legal entity parties and political movements that may be organized to participate in the country's democratic life when they substantiate their existence with no fewer than 50,000 signatures or when in the previous election they obtained at least the same number of votes or achieved representation in the Congress.

 In no case may the law impose rules of internal organization on parties and political movements or demand affiliation with them to participate in elections. The parties and political movements with a legal status may register candidates without any additional requirements whatever.

Social movements and significant groups of citizens may also register candidates.

The law may establish requirements to guarantee the seriousness of the registrations.

A registered candidate will cease to be such if he/she fails to obtain the requisite number of votes or fails to be elected as a member of Congress.

A registered candidate will also lose this status if in the relevant election, his/ her party or political movement fails to garner at least 50,000 votes or fails to elect a member to Congress.

Article 109

The state will contribute to the financing of election campaigns of parties and political movements with a legal status. The other parties, movements, and significant groups of citizens which run candidates will enjoy this privilege as soon as they secure the percentage of votes established by the law.

The law may limit the amount of expenses that the parties, movements, or candidates may incur in election campaigns as well as the maximum amount of individual contributions. The parties, movements, and candidates will have to render public account of the total, sources, and location of their revenues.

Article 110

Public employees are prohibited from making any contribution whatever to the parties, movements, or candidates or to induce others to do so, with the exceptions established by law.

Noncompliance with any of these prohibitions will be cause for dismissal from office or loss of investiture.

Article 111

The parties and political movements with a legal status have the right to use public mass communications media at all times in accordance with the law. The latter will likewise establish the cases and the form in which the duly registered candidates will have access to the said media.


Article 112

The parties and political movements that do not participate in the government may exercise freely the opposition function is the latter and plan and develop alternative policies. For these purposes, except for legal restrictions, they are guaranteed the following rights access to official information and documentation:
  1. use of public mass communications media in accordance with the representation obtained in the elections for Congress immediately beforehand;
  2. response in the public mass communications media to grave and obvious distortions of fact or public attacks leveled by senior officials;
  3. and participation in the electoral organs.

The parties and political movements will have the right to participate in the executive bodies of the various associations according to their representation in them.
A statute will regulate the subject matter in its entirety.