Pedro Castillo observed a law that made it mandatory to report on the background of ministers and set impediments to those accused of terrorism | POLITICS

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President Pedro Castillo observed this week the autograph of a law approved by Congress that obliges the Executive to report on the fiscal, judicial and administrative background of the persons who are appointed as ministers.

Through modifications to the Organic Law of the Executive Branchthe norm also prohibits the appointment as prime minister, minister of defense, minister of the interior, or as deputy minister in those sectors, people with a fiscal accusation or in the middle of a trial for crimes of terrorism or illicit drug trafficking.

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The norm states that the resolution in which a minister is appointed must have his affidavit attached. There it must be specified that he meets the requirements for the position and report on “the fiscal investigations, the judicial processes and administrative procedures in which he is or was involved as a defendant or accomplice.” Also on the status of these processes and if they have concluded, their sentences or resolutions.

This was the autograph of the law approved by Congress

according to the autographthis declaration must be reported to the president and the prime minister before their appointment, and the latter is responsible for verifying its content and reporting to Congress within a maximum period of five days.

In addition, it seeks to include in the Organic Law of the Executive the prohibition that sentenced in the first instance be ministers, which It is already in the Constitution since 2020 for all appointed officials in positions of trust.

Observations

The autograph was approved in a second vote by the plenary session of Parliament on January 13. The spokesman for Peru Libre, Waldemar Cerrón, requested a reconsideration of that second vote, which was dismissed on February 2. On the 8th of that month, the autograph was sent to the Government.

Observation made by the Executive

The observation of the Executive, also signed by the head of the Ministerial Cabinet, Aníbal Torres, was sent to the Legislative on March 1. There it is alleged that the rule seeks to establish requirements not provided for in the Constitution. Likewise, the Executive opposes the obligation to report on the background information.

The Government argues that the only procedures in the Constitution subsequent to the appointment of a minister are the question of trust, interpellation and censorship, and that the only acts for which the Executive reports to the Legislature are the treaties, the bill of budget, the appointments of ambassadors and the decrees of urgency.

For this reason, they consider that the point on the prime minister’s duty to inform Congress exceeds “the parameters of constitutionality.” Similarly, the Executive says that the law approved by Parliament affects the presumption of innocence.

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Opinions

Iván Lanegra, general secretary of the civil association Transparency, believed that the law was reasonable and that it would prevent the Executive from alleging that it did not know the background of its ministers. In addition, he considered that the prohibition for accused of terrorism and drug trafficking in three key sectors can be understood from the intention of avoiding a conflict of interest.

Mayen Ugarte, a specialist in public management, agreed with the reasonableness of the proposal, but pointed out that it is questionable to establish these prohibitions through a law instead of through a constitutional reform. On the other hand, she criticized the Executive’s opposition to reporting on the background of the ministers.

From Congress, the president of the Constitution Commission, Patricia Juárez, told El Comercio that the law should be approved by insistence. Parliamentarians Karol Paredes (Popular Action) and Diego Bazán gave similar opinions in dialogue with RPP.

The norm was approved in the second vote with 75 votes in favor and 43. The support came from the benches of Fuerza Popular (23), Acción Popular (14), Alianza Para el Progreso (13), Renovación Popular (9), Avanza País (8), Podemos Peru (3), Peru Libre (1) and the three ungrouped legislators from the Purple Party. Free Peru (29), Democratic Peru (5), Somos Peru (5) and Together for Peru (4) were opposed.

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