Peru: Whether a Peruvian born in Peru of Colombian parents, who resides in Colombia would have the right to return to and reside in Peru; recent changes to the Constitution regarding right of residence in Peru; the point at which a Peruvian by birth lose his or her Peruvian citizenship

The information that follows includes unofficial translations of terms used in Peruvian legislation which do not necessarily correspond to either official translations of the cited texts or to terms used in Canadian legislation, and are provided for reference purposes only.

The Constitution of Peru provides different definitions for citizenship (ciudadanía) and nationality (nacionalidad); the latter refers to a person's status as Peruvian, while citizenship refers to a set of rights acquired at the age of eighteen (such as the right to vote or hold public office) (Constitution 1993, Ch. III). The Constitution provides details on the specific circumstances in which citizenship rights can be suspended (such as while serving a jail term) (ibid.). Please refer to PER26857.E of 9 May 1997 and its attachments for additional information on this subject, and to PER15812.E of 15 December 1993 for information on the 29 November 1991 Law on Foreigners (Ley de Extranjería), the law and regulations governing the Migration Investment Program (Programa Migración-Inversión) of 19 March 1993, and related nationality issues.

The legislation archive and daily press information archives of the Congress of Peru do not indicate any change, amendment or suspension of the 1993 Constitution or any of its parts. In its first chapter, on Fundamental Rights, the 1993 Constitution states that Peruvians are free to enter or leave the country except for public health reasons (razones de sanidad), a judicial order, or when enforcing the Law on Foreigners (Ley de Extranjería) (ibid., Art. 11). The Constitution also states that Peruvians cannot be stripped of their nationality (Art. 21).

In one article and in its First Transitory Provision, the Nationality Law (Ley de Nacionalidad), Law No. 26574 of 1996, described by the legislative archives of the Peruvian Congress as currently being in effect, states that Peruvian nationality cannot be lost other than by express renunciation (renuncia exprexa) before the General Directorate of Migration and Naturalization in Peru or, if abroad, at a Peruvian consular office (ibid., Art. No. 7 and First Transitory Disposition). However, this provision does not necessarily apply to naturalized Peruvians: in its provisions on naturalization, the same Nationality Law states that naturalization can be approved or cancelled by a Supreme Resolution (Resolución Suprema) (Art. No. 6).

For an official translation of Law No. 26574, please consult the document attached to PER27450.E of 1 October 1997. For a report on freedom of repatriation and loss of acquired nationality, please refer to Country Reports 2000 Chapter on Peru, Section 2.d.

Please note that Law No. 26574 states that accompanying regulations should have been enacted within sixty days of the publication of the law (Third Transitory or Final Provision). No reference to such regulations could be found among the sources consulted. During a 6 March 2001 telephone interview, a consular official at the Embassy of Peru in Ottawa stated that the lack of regulations for the Nationality Law does not invalidate that law. It is not uncommon to find in Peruvian legislation that regulations called for by a law were never enacted; this, however, does not render the law invalid: it means the law provides a legal framework, while possible details are not defined by law (ibid.).

No information on constitutional court rulings related to possible conflicts or gaps among existing legislation or the current and earlier constitutions, for example, as might relate to the burden of proof to demonstrate birth in Peru or the case of children born in Peru of foreign officials or diplomats while on assignment in Peru under an earlier law or constitution, could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Embassy of Peru, Ottawa. 6 March 2001. Telephone interview with consular official.

Peru. Constitución Política del Perú. 1993. [Accessed 5 Mar. 2001]

_____. Ley de Nacionalidad; Ley No. 26574. 3 January 1996. [Accessed 5 Mar. 2001]

Congreso de la República, Lima. Archivo Digital de la Legislación del Perú. [Accessed 5 and 6 Mar. 2001]

Additional Sources Consulted

IRB Databases.

Internet Websites and search engines.

Note:

This list is not exhaustive. Country and subject-specific publications available at the Resource Centre are not included.