On 9 October 2003, Peru's first political party law was approved by 44 votes to 43, with five abstentions. Working since February 2002, IDEA and its partners, Transparencia and the Congressional Constitution Commission , have played a key role in bringing concerned parties together and building a consensus, which led to the adoption of the law. IDEA also gave technical assistance for the drafting of the law, which includes the following provisions:
- As a condition for entry into the system, each party will have to be backed by one percent of the signatures of the list of electors and demonstrate its presence in at least one-third of the country's provinces.
- Party authorities and candidates for public election shall be elected in open or closed primaries.
- The National Electoral Jury and the National Office for Electoral Processes shall supervise the election of party leaders and candidates.
- A 30 percent gender quota must be satisfied in lists of candidates for public election and in regard to senior party positions.
- Any party may be declared illegal and forego its registration and all possibility of re-registering in the Registry of Political Organizations if it is showed to have engaged in anti-democratic conduct. Such misconduct includes the violation of basic rights, the promotion of any form of exclusion, or support for, or the practice of, terrorism or drug trafficking.
- Private financing and private media exposure will be limited in order to encourage equality between political parties.
- Financing by state companies, the Church, foreign governments or parties is forbidden, as are anonymous contributions. Party finances will be audited. 8. Direct public financing will occur gradually from the promulgation of the law until 2007. These funds are to be used for the training of party members and leaders, as well as the spread of civic culture.
A recent poll carried out by the University of Lima revealed that 83% of citizens believe that Peru needs a law to regulate political organizations in the country. The law is seen as an encouraging step towards resolving the present crisis regarding the political party system in Peru, making parties more democratic and transparent.
The debate on this Law has been and will continue to be controversial, especially following approval of direct public financing of political parties. Yet, in spite of the debate that the law has sparked, before and after its approval, it remains the result of a consensus-building process between political organizations.
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