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| Peruvian Constitution of 1979 | |
|---|---|
| Name | Peruvian Constitution of 1979 |
| Jurisdiction | Peru |
| Date adopted | 1979 |
| Date repealed | 1993 |
| System | Presidential representative Republic |
| Branches | Executive, Legislative, Judiciary |
| Preceded by | 1933 Constitution |
| Superseded by | 1993 Constitution |
Peruvian Constitution of 1979 The 1979 constitution reestablished civilian rule in Peru after a period of military administration led by the Revolutionary Government of the Armed Forces of Peru. It sought to reconcile competing currents represented by Alan García, Víctor Raúl Haya de la Torre, Fernando Belaúnde Terry, Alberto Fujimori, and leaders from APRA, Popular Action, and the Peruvian Communist Party. The charter influenced relations with institutions such as the Organization of American States, Pontifical Catholic University of Peru, National University of San Marcos, and regional actors including Ecuador, Chile, and Bolivia.
The 1979 constitution emerged after the 1968 coup that brought the Peruvian Armed Forces under the leadership of Juan Velasco Alvarado and later Francisco Morales Bermúdez, catalyzing debates among figures like Hugo Blanco, Víctor Raúl Haya de la Torre, Víctor Polay Campos, and intellectuals from Ricardo Palma University and the Pontifical Catholic University of Peru. Cold War dynamics involving the United States and organizations such as the Inter-American Development Bank influenced policy, as did agrarian reforms initiated under Land Reform in Peru and conflicts over resource control with corporations like International Petroleum Company and mining firms in Cerro de Pasco Corporation. Social movements from CUSCO, Puno, and Lima—including labor unions affiliated with SINAMOS and peasant federations—shaped demands for constitutional guarantees tied to sovereignty over the Maritime dispute between Peru and Chile and modernization projects like the Mantaro Hydroelectric Project.
Following the 1978 Constituent Assembly election, which featured parties such as American Popular Revolutionary Alliance, Popular Action, United Left, and smaller groups like Christian Democrat Party (Peru), delegates convened in a Constituent Assembly chaired by Víctor Raúl Haya de la Torre and presided over debates involving jurists from the Constitutional Tribunal of Peru, representatives of the Roman Curia and observers from the Organization of American States. Drafting drew on comparative texts including the Spanish Constitution of 1978, the Mexican Constitution of 1917, and the Argentine Constitution of 1853. Adoption followed national deliberations, plebiscites, and negotiations with military figures such as Francisco Morales Bermúdez and civilian politicians like Fernando Belaúnde Terry.
The constitution established presidential powers within a framework of separation of powers among the Executive, a bicameral legislature composed of the Senate of Peru and the Chamber of Deputies of Peru, and an independent Judiciary of Peru including the Constitutional Tribunal of Peru. It enshrined rights linked to institutions such as the Ministry of Economy and Finance, Ministry of Education (Peru), and Ministry of Health (Peru), and contained provisions on national resources referencing the Peru–United States relations and contracts with entities like International Petroleum Company. Constitutional articles addressed citizenship rules affecting nationals in Callao and Iquitos, electoral procedures administered by bodies akin to the later National Office of Electoral Processes (ONPE), and safeguards for indigenous peoples in regions such as Loreto and Amazonas echoing declarations by organizations like the Andean Community. The charter provided labor protections tied to unions such as CGTP and CUT, public finance norms relevant to the Central Reserve Bank of Peru, and public order provisions interacting with the National Police of Peru and the Peruvian Armed Forces.
Immediately, the constitution enabled the 1980 return of Fernando Belaúnde Terry to the presidency and shaped policy responses to insurgencies led by groups like Shining Path and MRTA (Túpac Amaru Revolutionary Movement), involving security cooperation with the United States Agency for International Development and legal measures debated in the Congress of the Republic of Peru. It influenced economic policy amid crises related to international creditors such as the World Bank and the International Monetary Fund, while cultural and educational reforms engaged institutions including the National Institute of Culture (Peru) and universities like National University of San Marcos. Social conflicts in mining areas such as Cajamarca and La Oroya tested constitutional protections for environmental claims and indigenous rights advocated by organizations like AIDESEP.
Throughout the 1980s and early 1990s, the constitution faced amendments and legal disputes involving presidents Alan García, Alberto Fujimori, legislators in the Congress of the Republic of Peru, and judges in the Constitutional Tribunal of Peru. Contentious reforms addressed presidential re-election, emergency powers used against Shining Path, and economic liberalization measures negotiated with entities such as the World Bank and International Monetary Fund. Landmark court cases and political crises invoked actors including the National Ombudsman (Peru) and international bodies like the Inter-American Court of Human Rights.
The constitution was ultimately replaced following the 1992 self-coup by Alberto Fujimori and the promulgation of the Constitution of Peru (1993), an event that involved institutions such as the Supreme Court of Peru and drew reactions from the Organization of American States, United Nations, and regional governments in Argentina and Chile. Its legacy persists in debates over constitutionalism in Peru, informing scholarship at centers like the Pontifical Catholic University of Peru and policy discussions in the Congress of the Republic of Peru and among civil society groups such as Coordinadora Nacional de Derechos Humanos. The 1979 charter remains a reference point in constitutional comparisons with texts from Chile, Bolivia, and Ecuador and in analyses by jurists who served on bodies like the Constitutional Tribunal of Peru and taught at the National University of San Marcos.
Category:Constitutions of Peru Category:1979 in Peru