Peruvian Constitutional Crisis of 1992
Encyclopedia
The 1992 Peruvian constitutional crisis, also known as the Autogolpe of 1992 was a constitutional crisis
that occurred in Peru
in 1992, after President Alberto Fujimori
dissolved the Congress of Peru
and assumed full legislative powers.
During Fujimori's first term in office, the American Popular Revolutionary Alliance
(APRA) and Democratic Front
(FREDEMO) parties remained in control of both chambers of Congress (the Chamber of Deputies and Senate), thus hampering Fujimori's ability to get his sponsored legislation enacted.
When Fujimori was president-elect
prior to his inauguration
into office, he traveled to Japan
and the United States
in order to meet with top-level officials and request aid for Peru. While in the U.S., Fujimori was told that Peru must adopt a "relatively orthodox economic strategy" and stabilize hyperinflation
before being permitted re-entrance into the international financial community, meaning that these policies would have to be implemented prior to the granting of any international aid to Peru. The Congress, however, resisted Fujimori's efforts to adopt policies advocated by the International Monetary Fund
and World Bank
, especially austerity
measures.
In response, Fujimori mounted an auto-coup on April 5, 1992.
That same night, the military was sent to detain prominent members of the political opposition. Fujimori is currently on trial
for the kidnapping of journalist Gustavo Gorriti
and businessman Samuel Dyer, both of whom were detained by the military on the night of the coup.
One of the most criticized moves that Fujimori took was the attempt to arrest former President Alan García, in order to have him face numerous trials. Also contributing to the coup was Fujimori’s desire to remove García, who was serving as a Senator, as a political rival and potential future presidential candidate. However, García managed to escape arrest and sought political asylum in Colombia
.
, which dissolved the Congress, gave the Executive Branch all legislative powers, suspended much of the Constitution
, and gave the president the power to enact various reforms, such as the "application of drastic punishments" towards terrorists.
Fujimori called for elections of a new congress that was later named the Democratic Constitutional Congress
(Congreso Constituyente Democrático); Fujimori received a majority in this new congress, which later drafted the 1993 Constitution
. Fujimori also set about curtailing the independence of the judiciary and constitutional rights with a declaration of a state of emergency
and curfew
s, as well as enacting controversial "severe emergency laws" to deal with terrorism.
The Prime Minister, Alfonso de Los Heros, and the Minister of Agriculture resigned while the rest of ministers supported the de facto government. Máximo San Román, then the First Vice-president of the Republic, did not support the coup. He was not in the country at the time of the coup, and he was not informed about this move.
The legislative branch responded by activating the constitutional clauses that allow the Congress to remove the president from office. Fujimori was removed and Máximo San Román was formally sworn into the presidency. Prominent politicians supported this move: former President Fernando Belaúnde Terry
and most of the Acción Popular Party supported San Román, while former FREDEMO presidential candidate Mario Vargas Llosa
called for a civil insurgency to overthrow Fujimori. However, neither the military nor the big majority of the people ever supported San Román, and he never became the de facto president.
Fujimori himself claimed that the auto-coup was necessary to break with the deeply entrenched interests that were hindering him from rescuing Peru from the chaotic state in which former president Alan García had left it, but critics say that he could never have implemented his drastic liberal
economic reform under a democratic government.
Another group of Military officers led by General Jaime Salinas Sedó attempted to overthrow Fujimori on November 13.
and Spain
. Venezuela
broke off diplomatic relations, and Argentina
withdrew its ambassador. Chile
joined Argentina in requesting that Peru be suspended from the Organization of American States
. The coup appeared to threaten the economic recovery strategy of reinsertion, and complicated the process of clearing arrears with the International Monetary Fund
.
Even before the coup, relations with the United States had been strained because of Fujimori's reluctance to sign an accord that would increase U.S. and Peruvian military efforts in eradicating coca fields
. Although Fujimori eventually signed the accord in May 1991, in order to get desperately needed aid, the disagreements did little to enhance bilateral relations. The Peruvians saw drugs as primarily a U.S. problem and the least of their concerns, given the economic crisis, Shining Path
guerrillas, and an outbreak of cholera
, which further isolated Peru because of a resulting ban on food imports.
However, two weeks after the auto-coup, the Bush administration changed their position and officially recognized Fujimori as the legitimate leader of Peru. The Organization of American States
(OAS) and the U.S. agreed that Fujimori's coup may have been extreme, but they did not want to see Peru return to the deteriorating state that it had been in before. In fact, the coup came not long after the U.S. government and media had launched a media offensive against the Shining Path
(Sendero Luminoso, or S.L.) rural guerrilla movement. On March 12, 1992, Undersecretary of State for Latin American Affairs Bernard Aronson told the US Congress: "The international community and respected human rights organizations must focus the spotlight of world attention on the threat which Sendero poses... Latin America has seen violence and terror, but none like Sendero's... and make no mistake, if Sendero were to take power, we would see... genocide." Given Washington's concerns, long-term repercussions of the auto-coup turned out to be modest.
for their role in the autogolpe. Fujimori's Minister of the Interior, Juan Briones Dávila, was sentenced to ten years imprisonment. Former fujimorista congressmen Jaime Yoshiyama
, Carlos Boloña, Absalón Vásquez, Víctor Joy Way
, Óscar de la Puente Raygada, Jaime Sobero, Alfredo Ross Antezana, Víctor Paredes Guerra, and Augusto Antoniolli Vásquez were all also sentenced for various crimes such as rebellion and kidnapping.
Constitutional crisis
A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...
that occurred in Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
in 1992, after President Alberto Fujimori
Alberto Fujimori
Alberto Fujimori Fujimori served as President of Peru from 28 July 1990 to 17 November 2000. A controversial figure, Fujimori has been credited with the creation of Fujimorism, uprooting terrorism in Peru and restoring its macroeconomic stability, though his methods have drawn charges of...
dissolved the Congress of Peru
Congress of Peru
The Congress of the Republic of Peru or the National Congress of Peru is the unicameral body that assumes legislative power in Peru.Congress consists of 130 members of congress , who are elected for five year periods in office on a proportional representation basis...
and assumed full legislative powers.
Background
The systemic weakness of government institutions had worsened under the administration of Fujimori's predecessor, Alan García, which turned away from the private sector while attempting to control the banking system, leading to the collapse of the entire structure of public administration.During Fujimori's first term in office, the American Popular Revolutionary Alliance
American Popular Revolutionary Alliance
The Alianza Popular Revolucionaria Americana is a centre-left Peruvian political party.At the legislative elections held on 9 April 2006, the party won 22.6% of the popular vote and 36 out of 120 seats in the Congress of the Republic...
(APRA) and Democratic Front
Democratic Front (Peru)
Democratic Front , also known as FREDEMO, was a center-right liberal and conservative political alliance in Peru founded in 1988 by Liberty Movement, Popular Action and Christian People's Party. FREDEMO contested the 1989 municipal elections and the 1990 presidential elections ....
(FREDEMO) parties remained in control of both chambers of Congress (the Chamber of Deputies and Senate), thus hampering Fujimori's ability to get his sponsored legislation enacted.
When Fujimori was president-elect
President-elect
An -elect is a political candidate who has been elected to an office but who has not yet been sworn in or officially taken office. These may include an incoming president, senator, representative, governor and mayor.Analogously, the term "designate" An -elect is a political candidate who has been...
prior to his inauguration
Inauguration
An inauguration is a formal ceremony to mark the beginning of a leader's term of office. An example is the ceremony in which the President of the United States officially takes the oath of office....
into office, he traveled to Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in order to meet with top-level officials and request aid for Peru. While in the U.S., Fujimori was told that Peru must adopt a "relatively orthodox economic strategy" and stabilize hyperinflation
Hyperinflation
In economics, hyperinflation is inflation that is very high or out of control. While the real values of the specific economic items generally stay the same in terms of relatively stable foreign currencies, in hyperinflationary conditions the general price level within a specific economy increases...
before being permitted re-entrance into the international financial community, meaning that these policies would have to be implemented prior to the granting of any international aid to Peru. The Congress, however, resisted Fujimori's efforts to adopt policies advocated by the International Monetary Fund
International Monetary Fund
The International Monetary Fund is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world...
and World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
, especially austerity
Austerity
In economics, austerity is a policy of deficit-cutting, lower spending, and a reduction in the amount of benefits and public services provided. Austerity policies are often used by governments to reduce their deficit spending while sometimes coupled with increases in taxes to pay back creditors to...
measures.
In response, Fujimori mounted an auto-coup on April 5, 1992.
Coup d'état
On the night of April 5, 1992, Fujimori appeared on television and announced that he was "temporarily dissolving" the Congress of the Republic and "reorganizing" the Judicial Branch of the government. He then ordered the Army of Peru to drive a tank to the steps of Congress to shut it down. When a group of senators attempted to hold session, tear gas was deployed against them.That same night, the military was sent to detain prominent members of the political opposition. Fujimori is currently on trial
Alberto Fujimori's arrest and trial
Former Peruvian President Alberto Fujimori was arrested and tried for a number of crimes related to corruption and human rights abuses that occurred during his government.-Background:...
for the kidnapping of journalist Gustavo Gorriti
Gustavo Gorriti
Gustavo Gorriti is a Peruvian journalist who has worked extensively on coverage pertaining to the politics, culture, and social issues of Central and South America, and the Caribbean...
and businessman Samuel Dyer, both of whom were detained by the military on the night of the coup.
One of the most criticized moves that Fujimori took was the attempt to arrest former President Alan García, in order to have him face numerous trials. Also contributing to the coup was Fujimori’s desire to remove García, who was serving as a Senator, as a political rival and potential future presidential candidate. However, García managed to escape arrest and sought political asylum in Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
.
Results
Fujimori issued Decree Law 25418Decree Law 25418
Decree Law 25418 is a highly-controversial Peruvian law decreed in April 1992 by then-President Alberto Fujimori. The decree essentially provided the legal trappings for the coup d'état of April 15, 1992....
, which dissolved the Congress, gave the Executive Branch all legislative powers, suspended much of the Constitution
Constitution of Peru
The Constitution of Peru is the supreme law of Peru. The current constitution, enacted on December 31, 1993, is Peru's fifth in the 20th century and replaced the 1979 Constitution....
, and gave the president the power to enact various reforms, such as the "application of drastic punishments" towards terrorists.
Fujimori called for elections of a new congress that was later named the Democratic Constitutional Congress
Democratic Constitutional Congress
The Democratic Constituent Congress was a Constituent Assembly created in Peru after the dissolution of Congress by President Alberto Fujimori in 1992...
(Congreso Constituyente Democrático); Fujimori received a majority in this new congress, which later drafted the 1993 Constitution
Constitution of Peru
The Constitution of Peru is the supreme law of Peru. The current constitution, enacted on December 31, 1993, is Peru's fifth in the 20th century and replaced the 1979 Constitution....
. Fujimori also set about curtailing the independence of the judiciary and constitutional rights with a declaration of a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
and curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
s, as well as enacting controversial "severe emergency laws" to deal with terrorism.
The Prime Minister, Alfonso de Los Heros, and the Minister of Agriculture resigned while the rest of ministers supported the de facto government. Máximo San Román, then the First Vice-president of the Republic, did not support the coup. He was not in the country at the time of the coup, and he was not informed about this move.
The legislative branch responded by activating the constitutional clauses that allow the Congress to remove the president from office. Fujimori was removed and Máximo San Román was formally sworn into the presidency. Prominent politicians supported this move: former President Fernando Belaúnde Terry
Fernando Belaúnde Terry
Fernando Belaúnde Terry was President of Peru for two non-consecutive terms . Deposed by a military coup in 1968, he was re-elected in 1980 after eleven years of military rule...
and most of the Acción Popular Party supported San Román, while former FREDEMO presidential candidate Mario Vargas Llosa
Mario Vargas Llosa
Jorge Mario Pedro Vargas Llosa, 1st Marquis of Vargas Llosa is a Peruvian-Spanish writer, politician, journalist, essayist, and Nobel Prize laureate. Vargas Llosa is one of Latin America's most significant novelists and essayists, and one of the leading authors of his generation...
called for a civil insurgency to overthrow Fujimori. However, neither the military nor the big majority of the people ever supported San Román, and he never became the de facto president.
Domestic reaction
There was little initial domestic resistance to the auto-coup. An opinion poll carried out shortly thereafter indicated that Fujimori's decision to dissolve Congress and restructure the judicial system had a 73% approval rating. The economic and political situation was so poor at the time that for many Peruvians things could get only better. At the time, Fujimori's bold and risky economic reforms (the "Fujishock") appeared to be working.Fujimori himself claimed that the auto-coup was necessary to break with the deeply entrenched interests that were hindering him from rescuing Peru from the chaotic state in which former president Alan García had left it, but critics say that he could never have implemented his drastic liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
economic reform under a democratic government.
Another group of Military officers led by General Jaime Salinas Sedó attempted to overthrow Fujimori on November 13.
International reactions
International reactions to the auto-coup were different: International financial organizations delayed planned or projected loans, and the United States government suspended all aid to Peru other than humanitarian assistance, as did GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
broke off diplomatic relations, and Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
withdrew its ambassador. Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
joined Argentina in requesting that Peru be suspended from the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
. The coup appeared to threaten the economic recovery strategy of reinsertion, and complicated the process of clearing arrears with the International Monetary Fund
International Monetary Fund
The International Monetary Fund is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world...
.
Even before the coup, relations with the United States had been strained because of Fujimori's reluctance to sign an accord that would increase U.S. and Peruvian military efforts in eradicating coca fields
Coca eradication
Coca eradication is a controversial strategy strongly promoted by the United States government starting in 1961 as part of its "War on Drugs" to eliminate the cultivation of coca, a plant whose leaves are not only traditionally used by indigenous cultures but also, in modern society, in the...
. Although Fujimori eventually signed the accord in May 1991, in order to get desperately needed aid, the disagreements did little to enhance bilateral relations. The Peruvians saw drugs as primarily a U.S. problem and the least of their concerns, given the economic crisis, Shining Path
Shining Path
Shining Path is a Maoist guerrilla terrorist organization in Peru. The group never refers to itself as "Shining Path", and as several other Peruvian groups, prefers to be called the "Communist Party of Peru" or "PCP-SL" in short...
guerrillas, and an outbreak of cholera
Cholera
Cholera is an infection of the small intestine that is caused by the bacterium Vibrio cholerae. The main symptoms are profuse watery diarrhea and vomiting. Transmission occurs primarily by drinking or eating water or food that has been contaminated by the diarrhea of an infected person or the feces...
, which further isolated Peru because of a resulting ban on food imports.
However, two weeks after the auto-coup, the Bush administration changed their position and officially recognized Fujimori as the legitimate leader of Peru. The Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
(OAS) and the U.S. agreed that Fujimori's coup may have been extreme, but they did not want to see Peru return to the deteriorating state that it had been in before. In fact, the coup came not long after the U.S. government and media had launched a media offensive against the Shining Path
Shining Path
Shining Path is a Maoist guerrilla terrorist organization in Peru. The group never refers to itself as "Shining Path", and as several other Peruvian groups, prefers to be called the "Communist Party of Peru" or "PCP-SL" in short...
(Sendero Luminoso, or S.L.) rural guerrilla movement. On March 12, 1992, Undersecretary of State for Latin American Affairs Bernard Aronson told the US Congress: "The international community and respected human rights organizations must focus the spotlight of world attention on the threat which Sendero poses... Latin America has seen violence and terror, but none like Sendero's... and make no mistake, if Sendero were to take power, we would see... genocide." Given Washington's concerns, long-term repercussions of the auto-coup turned out to be modest.
Punishment of those responsible
On November 26, 2007, ten former government officials were sentenced by the Supreme Court of PeruSupreme Court of Peru
The Supreme Court of Justice is the highest judicial court in Peru. Its jurisdiction extends over the entire territory of the nation. It is headquartered in the Palace of Justice in Lima.The supreme court is composed of three Supreme Sectors:...
for their role in the autogolpe. Fujimori's Minister of the Interior, Juan Briones Dávila, was sentenced to ten years imprisonment. Former fujimorista congressmen Jaime Yoshiyama
Jaime Yoshiyama
Clemente Jaime Yoshiyama Tanaka is a Japanese Peruvian and Fujimorist politician. He was the president of the Democratic Constitutional Congress. He was also the Minister of the Presidency under Alberto Fujimori.-Biography:...
, Carlos Boloña, Absalón Vásquez, Víctor Joy Way
Víctor Joy Way
Víctor Dionicio Joy Way Rojas is a former Peruvian politician. Born in Huánuco, Joy Way was a member of both the Democratic Constitutional Congress and the Congress of the Republic. He was also the Prime Minister of Peru from January 1999 until December 1999. An ardent supporter of Alberto...
, Óscar de la Puente Raygada, Jaime Sobero, Alfredo Ross Antezana, Víctor Paredes Guerra, and Augusto Antoniolli Vásquez were all also sentenced for various crimes such as rebellion and kidnapping.