Referendum for Financial Restitution of the FONAVI-Fund
On October 3rd of 2010, a referendum on the restitution of FONAVI funds was held in Peru. The FONAVI was a housing construction fund to which every employee had the obligation to contribute. In 1988, the then President Fujimori unlawfully dissolved it to pay national debts, an estimated 9.565 billion PEN in value. In 2006, the National Association of FONAVI Contributors of Peru collected 2.3 million signatures for a law to refund the money, but the National Election Jury (JNE) declined it as the constitution prohibited referendums on tax issues. A year later, the Constitutional Court ruled that the fund was not a tax, making the referendum possible. The JNE declined again, and after a back and forth struggle, it finally reached the decision to hold the referendum in 2010. On October 3rd the ballots opened, and 19,595,277 votes were casted. The results were published on December 7th: with 66.5% of the votes, the restitution was approved. Law Nr. 29625 was enacted as a result of the referendum, making the restitution of FONAVI funds back to its contributors an obligation of the State. Up until 2020, the restitution has been partially enacted.
Institutional design
Formalization: is the innovation embedded in the constitution or legislation, in an administrative act, or not formalized at all?
Frequency: how often does the innovation take place: only once, sporadically, or is it permanent or regular?
Mode of Selection of Participants: is the innovation open to all participants, access is restricted to some kind of condition, or both methods apply?
Type of participants: those who participate are individual citizens, civil society organizations, private stakeholders or a combination of those?
Decisiveness: does the innovation takes binding, non-binding or no decision at all?
Co-governance: is there involvement of the government in the process or not?
- Formalization
- embedded in the constitution/legislation
- Frequency
- single
- Mode of selection of participants
- open
- Type of participants
- citizens
- Decisiveness
- democratic innovation yields a binding decision
- Co-Governance
- yes
Means
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Ends
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