The Government and the Nation

Chapter I  Concerning the Government, the Nation, and the Territory

Article 43
Peru is a democratic, social, independent, and sovereign republic. The State is one and indivisible. Its government is unitary, representative, and decentralized. It is organized based on the principle of the separation of powers.

Article 44
The prime duties of the government are: to defend national sovereignty, guarantee full enjoyment of human rights, protect the people from threats to their security, and promote the general welfare based on justice and the complete and balanced development of the Nation. It is also the duty of the government to establish and carry out border policy and promote integration, particularly of Latin America, as well as the development and cohesiveness of border zones, in keeping with foreign policy.

Article 45
Power emanates from the people. Those who exercise it do so within the limitations of and in accordance with the responsibilities set forth by the Constitution and the law. No person, organization, Armed Force, National Police force, or group of people may arrogate to themselves the exercise of such power. To do so constitutes rebellion or sedition.

Article 46
No one owes obedience to a usurper government or to anyone who assumes public office in violation of the Constitution and the law. The civil population has the right to rise up in defense of the constitutional order. The acts of those who usurp public office are null and void.

Article 47
Defending the interests of the government is the responsibility of the attorneys general in accordance with the law. the government is free from the obligation of paying court costs.

Article 48
Spanish and, in areas where they predominate, Quechua, Aymara, and other native tongues are official languages, according to the law.

Article 49
The capital of the Republic of Peru is the city of Lima. Its historical capital is the city of Cusco. Our nation's symbols are the flag with three vertical red, white, and red stripes, the coat of arms, and the national anthem, as established by law.

Article 50
Within an independent and autonomous system, the government recognizes the Catholic Church as an important element in the historical, cultural, and moral formation of Peru and lends it its cooperation. The government respects other denominations and may establish forms of cooperation with them.

Article 51
The Constitution prevails over any other legal norm, the law over other lower-ranking standards, and so on successively. Publicity is essential in order to enforce any standard of government.

Article 52
Peruvians by birth are those born within the nation's territory and those born abroad of a Peruvian father or mother and duly registered while still minors. Those who acquire the nationality by naturalization or choice are also Peruvians as long as they maintain a residence in Peru.

Article 53
The law defines the ways in which the nationality may be acquired or taken away. Peruvian nationality cannot be lost unless it is specifically renounced before Peruvian authorities.

Article 54
The national territory is inalienable and inviolable. It includes the soil, subsoil, maritime dominion, and air space above it. The nation's maritime dominion includes the sea adjacent to its coast, the ocean floor, and the subsoil extending out to a distance of 200 maritime miles measured from base lines established by law. The nation enjoys sovereignty and jurisdiction over its maritime dominion. without prejudice to the freedom of international communication, in accordance with the law and treaties ratified by the government. The nation exercises sovereignty and jurisdiction over the air space above its territory and adjacent sea extending out to a distance of 200 miles, without prejudice to the freedom of international communication, in accordance with the law and treaties ratified by the government.

Chapter II  Concerning Treaties

Article 55
Treaties concluded by the government and now in effect are part of national law.

Article 56
Treaties must be approved by Congress before their ratification by the president, whenever they deal with the following subjects:
1. human rights;
2. the nation's sovereignty, dominion, or territorial integrity;
3. national defense; and
4. financial obligations of the government.
Congress must also approve treaties that create, modify, or eliminate taxes, those requiring the modification or derogation of any law, and those requiring legislative measures for their application.

Article 57
The President of the Republic may conclude or ratify treaties or abide by them without previous approval by Congress in areas not contemplated by the preceding article. In all cases, he must report to Congress. When a treaty affects constitutional provisions, it must be approved by the same procedure governing reform of the Constitution before ratification by the President of the Republic. The President has the power to denounce treaties, but he must report to Congress. In the case of treaties subject to congressional approval, such denunciation requires previous approval by Congress.