Constitutional Reform

Article 206
Any constitutional reform must be passed by Congress with an absolute majority of the legal number of its members ratified by a refrrendum. The refereadurn may be omitted when the consent of Congress is obtained in two successive regular sessions with a favorable vote. in each case, greater than two-thirds of the legal number of congressmen. The constitutional reform law may not be enforced by the President of the Republic.

The fight to initiate constitutional reform belongs to the President, with the Cabinets approval. to congressmen, and to a number of citizens equivalent to 0.3 percent of the voting population and whose signatures are verified by the election authority.

Final and Transitory Provisions

1. Any new compulsory social systems that may be established concerning the retirement pensions of government workers will not affect legally obtained rights, particularly that relating to the iegimes of decree-laws 19990 and 20530 and their modifying regulations.

2. The government guarantees the timely paymen; and a periodic adjustment of pensions which it administers. in accordance with the budget provisions made for such purposes and the possibilities of the national economy.

3. As long as there continue to exist different systems of work between private and public activity, in no instance and for no reason may the benefits acquired under the two systems be accumulative. Any contrary solution is null and void.

4. Norms relating to the rights and freedoms recognized by the Constitution are interpreted in accordance with the Universal Declaration of Human Rights and with international treaties and agreements on those rights that have been ratified by Peru.

5. Municipal elections alternate with general elections so that the former are held halfway through the presidential term, in accordance with the law. To that effect. the term of mayors and town councilors elected during the next two municipal elections will last for three and four years respectively.

6. The term of mayors and town councilors elected in the 1993 election and its complementary elections ends on 31 December 1995.

7. The first general election process held after this Constitution takes effect will be held by single districts as long as the decentralization process continues.

8. The provisions of the Constitution so requiring are the subject of constitutional development laws. The following have priarity:
  1. decentralization norms and. among them, those making it possible to have new authorities elected in 1995 at the latest; and
  2. those relating to the mechanisms and process aimed at gradually eliminating legal monopolies granted for concessions and licenses for public services.
9. the election of members of the National Election Board installed in accordance with this Constitution begins with those elected by the Lima Bar Association and the Law Schools of the national universities.

10. The law provides for the manner as well as the offices, officials, and employees of the Civil Registry of local governments and those of the Election Registry belong to the National Identification and Civil Registry.

11. Provisions of the Constitution requiring new or increased public spending are applied gradually.

12. The nation's departmental political organization includes the following departments: Amazonas, Ancash, Apurimac, Arequipa, Ayacucho, Cajamarca. Cusco, Huancavelica, Huanuco, Ica, Junin, La Libertad, Lambayeque, Lima, Loreto, Madre de Dios, Moquegua, Pasco, Piura, Puno. San Martin, Tacna, Tumbes, Ucayali, and the Constitutional Province of Callao.

13. Until the regions are set up and until their presidents are elected according to this Constitution, the Executive Branch determines the jurisdiction of the Transitory Councils of Regional Administration now in office, depending on the area of each of the departments established irr the country.

14. Once it has been passed by the Democratic Constituent Congress. this Constitution goes into effect in accordance with the result of the referendum governed by a constitutional law.

15. The provisions of this Constitution relating to the number of congressmen, length of the legislative term, and the Standing Committee do not apply to the Democratic Constituent Congress.

16. Once promulgated, this Constitution replaces the Constitution of 1979.


The Democratic Constituent Congress hereby declares that:

Peru, a country in the Southern Hemisphere that is connected with Antarctica by coastlines extending, toward it as well as by ecological factors, and its historical background. and in accordance with the rights and obligations it enjoys as an advisory party to the Antarctic Treaty, supports the conservation of the Antarctic as a Peace Zone dedicated to scientific research and the enforcement of an international regime which, without impairing our nation's legitimate rights. promotes for the benefit of all mankind the rational and equitable development of the resources of the Antarctic and guarantees the protection and conservation of the ecosystem of that Continent.