Political conflict in Peru
The 2019–2020 Peruvian constitutional crisis occurred between September 30, 2019, and January 14, 2020, during the presidency of Martín Vizcarra. The crisis began when President Vizcarra dissolved the Congress of Peru, citing a constitutional provision after its "de facto" rejection of a vote of confidence. This disbanding marked the first time such power was used by the executive, and immediately after its announcement, opposition lawmakers accused Vizcarra of staging a coup. Subsequently, Peru’s Constitutional Court declared the dissolution of Congress legal, ending the crisis.
The crisis stemmed from tensions since 2016 between the executive and the legislature, with clashes over the anti-corruption reforms proposed by Vizcarra’s government. Efforts to reform the selection process for the Constitutional Court and combat corruption were blocked by Congress, particularly by the Popular Force party led by Keiko Fujimori. In response, Congress briefly declared the suspension of Vizcarra’s presidency and the appointment of Mercedes Aráoz as interim president, a move that quickly collapsed when Aráoz resigned the next day.
Public reaction was generally favorable, as the move resonated with widespread dissatisfaction toward a Congress viewed as obstructive and corrupt. Vizcarra signed a decree that called for early legislative elections to be held on January 26, 2020.
Background.
Obstructionism by Congress.
Since 2016, relations between the Peruvian presidency and Congress have been marked by conflict. This tension surfaced early in the tenure of President Pedro Pablo Kuczynski, who faced opposition from Congress, culminating on September 14, 2017, when Congress overwhelmingly passed a motion of no confidence against Prime Minister Fernando Zavala. This led to a complete cabinet reshuffle and the appointment of a new prime minister.
In March 2018, Kuczynski resigned amid the “Kenjivideos” scandal, which revealed alleged attempts to buy votes from legislators to avoid impeachment. Following his resignation, First Vice President Martín Vizcarra assumed the presidency. Committed to anti-corruption measures, Vizcarra prioritized constitutional reforms aimed at increasing government transparency and reducing corruption. These reforms included prohibiting private funding for political campaigns, banning the re-election of legislators, and introducing a second legislative chamber. Transparency International endorsed Vizcarra’s proposals, stating that they presented a unique opportunity for genuine reform.
However, Vizcarra’s initiatives faced resistance from the Popular Force party, led by Keiko Fujimori. Fujimori herself was arrested in October 2018 on charges of money laundering and corruption in connection with the Odebrecht scandal, a high-profile case involving bribery across Latin America. The Popular Force party, which held a majority in Congress, opposed Vizcarra’s reforms and introduced a bill to modify his proposed referendum. In December 2018, the referendum proceeded, with the Peruvian public largely supporting Vizcarra's original proposals over those modified by Congress.
No-confidence law.
The Peruvian Constitution grants the executive branch the authority to dissolve Congress following a second vote of no-confidence. The first vote of no-confidence took place on September 14, 2017. Subsequently, on September 27, 2019, President Martín Vizcarra called for a matter of confidence, stating that "the democracy of our nation is at risk" due to Congress's actions.
Vizcarra’s call for confidence was rooted in disputes over reforms to the Constitutional Court’s organic law. Vizcarra and the Inter-American Commission on Human Rights criticized Congress for blocking proposals to hold general elections while swiftly approving nominees to the Constitutional Court of Peru without conducting background checks.
Events.
Allegation of corruption in the Constitutional Court.
On September 27, 2019, an interview was published in the weekly "Hildebrandt en sus trece," in which journalist César Hildebrandt spoke with Constitutional Court magistrate Marianella Ledesma Narváez. Ledesma revealed that a colleague had suggested she could retain her position on the Court if she voted in favor of releasing Keiko Fujimori, a politician facing corruption charges. The Court was then considering a "habeas corpus" petition filed by Fujimori’s sister, Sachi Fujimori, to secure her release.
Matter of confidence on the Constitutional Court.
Hours later on that day, and following Congress’s rejection of a proposal to advance general elections, the Vizcarra administration announced a "motion of confidence" related to the process for selecting Constitutional Court magistrates. President Martín Vizcarra stated that Prime Minister Salvador del Solar would formally present the motion of confidence, requesting that Congress approve amendments to the Organic Law of the Constitutional Court to reform magistrate selection procedures.
The matter of confidence called on Congress to halt the current selection process, approve the proposed procedural changes, and apply them to the ongoing selection of magistrates. On September 27, the Prime Minister’s Office (PCM) officially notified Congress of Del Solar’s intention to present the matter for legislative consideration.
In an interview on September 29, Vizcarra asserted that if Congress denied the confidence motion, he would exercise his constitutional authority to dissolve Congress and call for new elections. On September 30, Prime Minister Del Solar and his cabinet convened at the Government Palace before proceeding to Congress to present the confidence matter and the proposed legal reforms. Upon arrival, Del Solar requested to deliver the bill immediately but was informed he would need to wait until 9:00 a.m. PET, the official opening time for document submissions. The matter of confidence was officially registered at 9:09 a.m., marked as bill number 4847/2019-PE, and forwarded to the Committee of Constitution and Regulations.
Meanwhile, the Board of Spokespersons—a body comprising congressional leaders tasked with prioritizing plenary discussions—convened to set the day’s agenda. At approximately 10:25 a.m., the board resolved to hold a vote on the Constitutional Court magistrates that morning, reserving the afternoon for Del Solar’s presentation. This schedule allowed Congress to proceed with the magistrate elections before addressing the matter of confidence, with Popular Force, APRA, Contigo, Acción Republicana, Cambio 21, and Alliance for Progress supporting this sequence.
Matter of confidence in Congress proceedings.
On September 30, 2019, a plenary session of the Peruvian Congress commenced at 10:25 a.m. with 102 of the 130 members present, surpassing the quorum requirement of 62. According to official records, the session opened amid noticeable commotion as the Congress president initiated the scheduled election of new Constitutional Court magistrates. Tensions arose when some lawmakers objected to proceeding with the election before addressing the matter of confidence that Prime Minister Salvador del Solar was set to present that afternoon.
At approximately 10:40 a.m., members of the New Peru and Broad Front parties submitted a motion of censure against the Board of Presiding Officers (Mesa Directiva). The motion alleged that the Board had misused its authority by prioritizing the magistrate elections over the confidence issue. Concurrently, Prime Minister Del Solar, accompanied by his cabinet and having waited in Congress since 8:00 a.m., attempted to enter the chamber to present the confidence motion. However, he faced resistance at the chamber doors from members of the majority party, who had locked the entrance. Congresswoman Marisa Glave Huilca of New Peru protested the restricted access, noting that members were required to knock on the doors to exit. Gloria Montenegro, Minister of Women, also criticized the decision to seal the doors, stating that she had to assert her status as a congresswoman to gain entry.
Around 10:50 a.m., with Speaker Pedro Olaechea briefly absent from the session floor, acting Speaker César Vásquez authorized the doors to be reopened. Vásquez announced at 10:52 a.m. that Del Solar and his ministers had entered without official authorization, leading to a suspension of the session. Following a brief standoff between majority and minority congressmen around the ministerial cabinet, Del Solar remained inside despite demands to leave.
The session resumed at 11:18 a.m. Broad Front Congressman Hernando Cevallos Flores supported the censure motion, urging Congress to address the confidence motion as it reflected the "will of the country." Acting Speaker Vásquez denied Cevallos’s request to grant Del Solar the floor. Cevallos concluded by challenging the current direction of Congress and urged President Vizcarra to "close this Congress."
Congressman Gilbert Violeta of the Contigo party criticized the motion of censure, accusing its supporters of seeking the “political and economic destruction of Peru.” He argued that the executive branch was infringing upon legislative autonomy and dared President Vizcarra to dissolve Congress if he intended to do so. APRA Congressman Mauricio Mulder echoed these criticisms, claiming that the government sought to extend control over the Constitutional Court and other judicial bodies by blocking new appointments, and argued that the legislature should act swiftly to fill these roles.
Ultimately, Congress voted on the censure motion, with 83 members opposing it, 29 supporting it, and 2 abstaining.
Matter of confidence and debate on Constitutional Court appointments.
At 11:36 a.m, Congressman Pedro Olaechea resumed presiding over the Peruvian Congress during a session marked by tension over the appointment of Constitutional Court judges. Session minutes document that Congressman Gino Costa of the Liberal Party requested to yield his speaking time to Prime Minister Salvador del Solar. It appears that a prior conversation involving Olaechea, Del Solar, and Costa had established an agreement allowing Del Solar to address Congress for ten minutes, using Costa’s allotted time.
Following some objection and off-microphone exchanges, Olaechea clarified that Del Solar’s address was a courtesy rather than a procedural obligation, stating, "You have ten minutes, Prime Minister, and then you have to leave."
Upon receiving permission, Del Solar addressed Congress, beginning with appreciation for the opportunity yet asserting his constitutional right to speak. Citing Article 129 of the Constitution, he explained, “I am here, on the occasion in which this Congress wants to take the very important decision of electing magistrates for the Constitutional Court, the highest interpretative entity of the [Constitution] and the entity that defends the fundamental rights of the people.”
He further remarked that the selection of judges for the Constitutional Court must be transparent, stating that “it is important for a country that its magistrates be elected through a transparent procedure.” Del Solar further stressed that the exclusive use of the “by-invitation” selection modality since 2014 is highly questionable. This is because it was intended to be an exceptional modality, but it has replaced the ordinary, more transparent process, which included public hearings and the participation of civil society actors. "We are not allowing the citizenry to know who will accede to the highest magistracy of constitutional interpretation," he said, asserting that everyone is entitled to know whether the candidates are competent.
As part of his argument, Del Solar highlighted specific examples of the Court's influence on critical societal issues, explaining, “The Constitutional Court has not only resolved cases such as...the meritocracy criterion for teachers, affecting both educators and students’ rights; it has also deliberated on the rights of Quechua-speaking citizens to receive public services in their own language.”
Del Solar warned that proceeding with an opaque appointment process would exacerbate Peru’s ongoing “crisis of legitimacy,” an issue he had previously raised. He remarked, “When I came to this Congress to ask for the investiture...I said what I repeat below: ‘The political crisis we are going through has become a crisis of legitimacy that has deeply wounded the confidence of the citizens in all of us.’” Urging Congress to avoid further haste, he questioned, “Why the rush? Why should the country see us as in a hurry?”
In closing, Del Solar formally presented a motion of confidence on behalf of the executive branch, contingent upon Congress implementing a transparent procedure for the Court appointments. He asked Congress to decide “whether to grant us confidence and consider...that we must make use of transparency, or to deny it to us if it considers that it is going to go ahead with that procedure.”
Congressional Proceedings on Judicial Appointments and Matter of Confidence.
At a session of the Peruvian Congress, Congresswoman Indira Huilca Flores of the New Peru party introduced a "cuestión previa" (point of order) requesting that Congress delay the vote on Constitutional Court magistrates until the matter of confidence, raised by the executive branch, could be addressed. This motion was rejected by a vote of 80 to 34, and Congress proceeded with the appointment process.
Congress succeeded in securing the qualified majority of 87 votes required to elect one nominee, Gonzalo Ortiz de Zevallos Olaechea, to the Constitutional Court. However, further appointments were stalled when it became evident that additional nominees lacked the necessary support. Notably, several of the nominees under consideration were reported by "The New York Times" to have alleged links to corruption.
In light of the stalled appointments, Congressional President Pedro Olaechea suspended the session after expediting the approval of the minutes for actions completed thus far. Congress agreed to reconvene at 4:00 p.m. to debate the matter of confidence raised by Prime Minister Salvador del Solar. Proceedings resumed at approximately 4:15 p.m., when