IACHR urges Peru to specify the scope of subjective constitutional tools that continue to destabilize its democracy

October 16, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) is concerned about Dina Boluarte’s removal from the position of president in Peru, as the country’s Congress declared her “permanent moral incompetence.” As it has done in the past, the IACHR warns that the subjective nature of this congressional tool undermines the separation of powers and the stability of Peru’s democratic institutions.

The decision on Boluarte’s “permanent moral incompetence”—made by the legislature on October 9, in an expedited procedure grounded on the existence of a crisis marked by violence—led to her dismissal and to the appointment of Congress Speaker José Jerí as Peru’s acting president. The country is set to hold a general election in April 2026. This is the sixth time in eight years that the Peruvian Congress uses this tool to remove an elected president, stopping them from completing their mandate. The repeated, discretionary use of “permanent moral incompetence” has caused political and social crises, affecting governance and citizen trust in democracy.

The IACHR stresses that procedures to declare officials’ “permanent moral incompetence” or to remove authorities in other ways must reflect due process, institutional safeguards, and the balance of power, in keeping with the Inter-American Democratic Charter. The failure to objectively define “permanent moral incompetence” makes room for discretion and affects the independence of the three branches of government, as well as undermining citizen trust in institutions and in the rule of law.

The State noted that Peru’s constitutional order includes the option of removing an official on grounds of “permanent moral incompetence” and that this is a mechanism for political oversight by the legislature to preserve the balance of power among the three branches of government, with a view to ensuring governance. The State further noted that “permanent moral incompetence” has been reviewed by Peru’s Constitutional Court, which defined it as a form of impeachment for manifestly inappropriate conduct or conduct that is incompatible with the dignity and authority of high government positions. The State stressed that this is an “abstract judicial concept” and that it is up to Congress to interpret it, so its scope should not be further specified. Finally, the State ratified its commitment to democracy, the separation of powers, human rights, and the rule of law.

The IACHR stressed a recommendation it made to Peru in the report Situation of Human Rights in Peru in the Context of Social Protests, published in 2023. The IACHR recommended that the State “specify constitutional indictment mechanisms, presidential removal based on permanent moral incompetence, and unilateral dissolution of Congress, to set clear, objective parameters, define punishable conduct, and state any consequences associated with them.”

The IACHR urges the State of Peru to ensure that political decisions respect the constitutional order, the separation of powers, and the rule of law. The IACHR further calls on political and institutional actors to act responsibly and to foster democratic dialogue, ensuring protection for human rights and institutional stability in the country in the current transition up to the 2026 general election.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 212/25

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