Government and society

Constitutional framework

The 1992 constitution is the basic charter of Paraguay. It was drawn up by a Constituent Assembly, which was elected in December 1991, and it replaced the constitution of 1967. The constitution states that Paraguay is a representative and pluralist democracy and that government is exercised by the separate powers of the legislative, executive, and judiciary bodies.

The legislative body is the Congress, composed of the Chamber of Deputies and the Senate. All its members are elected by popular vote for five-year terms (with the exception of former presidents, who are appointed senators for life, though they are not entitled to vote) on the same date that the presidential elections are held.

The president is elected by a simple majority of votes for a five-year term and must be a Paraguayan by birth and at least 35 years old. There is no runoff election if the leading candidate fails to obtain an absolute majority. Alfredo Stroessner amended the 1967 constitution in 1977 to allow his reelection indefinitely as president, but the 1992 constitution specifically rules that out. The president is the commander in chief of the armed forces and is authorized to appoint and remove commanders of the army and police. The 1992 constitution created the post of vice president. A council of ministers is appointed by the president.

The constitution guarantees the right to strike, specific rights for indigenous peoples, and basic civic liberties, including freedom of expression, of association, and of religion. The death penalty was abolished in 1992. Exceptions to the constitution can be made by the president or the Congress only in cases of international armed conflict or serious internal unrest.

Local government

Paraguay is divided into 17 departamentos (departments). Each department is further divided into distritos (districts), of which, in the early 21st century, there were some 250, each with local government status. Until 1991 the central government appointed departmental governors and local mayors, but in May of that year direct municipal elections were held for the first time. The 1992 constitution, in another innovation, provided for elections for a governor and a departmental board for each department, also to be held every five years.

Justice

The judicial system is headed by the Supreme Court. The 1992 constitution increased the number of justices from five to nine; they are chosen by the Senate and the president and are appointed for a term of five years. Judges who are confirmed for two terms following the terms of appointment cannot be removed from their post until they reach age 75, the mandatory retirement age for Supreme Court justices. The Supreme Court appoints judges of lower courts and magistrates. There is also an attorney general appointed by the president. The judiciary body has budgetary autonomy. Supreme Court rulings have generally been inconsistent and politically influenced.

Political process

Voting is compulsory for all Paraguayans aged 18 to 75. Elections are governed by an electoral code, which can be changed by Congress. Resident aliens are allowed to vote in municipal elections. Until 1990 the party that won a simple majority was awarded two-thirds of the seats of both chambers; this was replaced by a system of proportional representation.

From the late 19th century, Paraguay’s two traditional political parties were the Liberal Party (last in power in 1940) and the National Republican Association (Asociación Nacional Republicana; ANR), popularly known as the Colorado Party. From 1947 until 1962 the Colorado Party was the only legal party in Paraguay, and it remained in power continuously until 2008. Under Gen. Alfredo Stroessner’s rule (1954–89), all political parties were closely controlled, including the dissident factions of his Colorado Party. The police kept dossiers on citizens, particularly political opponents, and political repression was widespread. Senior generals played a major part in government.

Political freedom improved significantly under Presidents Andrés Rodríguez Pedotti (1989–93) and Juan Carlos Wasmosy (1993–98), and the internal factions of the Colorado Party were openly tolerated. In 2008 Fernando Lugo was elected president as the candidate of the Patriotic Alliance for Change (Alianza Patriótica para el Cambio; APC), a centre-left coalition that included the Authentic Radical Liberal Party (Partido Liberal Radical Auténtico; PLRA), an offshoot of the traditional Liberal Party, as well as a number of groups representing the interests of small farmers, leftist unions, and indigenous peoples. Among the country’s other political parties are the Paraguayan Communist Party (Partido Comunista Paraguayo; PCP), the Beloved Fatherland Party (Partido Patria Querida; PPQ), and the National Union of Ethical Citizens (Unión Nacional de Ciudadanos Éticos; UNACE). Parties dedicated to the substitution of force for democracy may not be organized. No party may receive aid or instructions from foreign organizations or states or establish structures that directly or indirectly embrace violence as a political methodology.

The family continues to influence an individual’s allegiance to political parties; in rural areas, a change of political affiliation is still often considered an act of betrayal. Party membership means less the adherence to a political ideology than the unswerving support of the party’s candidates. Especially in the rural areas, such loyalty is often the route to employment and a source of funds at times of family illness (by means of a “patron-client” relationship between wealthy politicians and impoverished constituents)..