The executive branch canceled the supreme decree that changed the statute of the Magisterial spill.

The Ministry of Education (Minedu) canceled the supreme decree of the government of Pedro Castillo, which changed the statute Arbitration Outpouring.

By a supreme decree published today, Thursday, in the official newspaper El Peruano, the executive decided to restore the amended articles in July 2022, when Rosendo Serna was head of the sector.

“The purpose of this Supreme Decree is humiliate Supreme Decree No. 009-2022-MINEDU amending Articles 2, 5, 6, 7, 9, 10, 11, 12, 13, 14, 16, 21, 22, 34 and 51 of the Judicial Divorce Statute and includes article 8-A of the said Regulation, approved by the Supreme Decree No. 021-88-ED”, the norm published today is indicated.

“Restore articles 2, 5, 6, 7, 9, 10, 11, 12, 13, 14, 16, 21, 22, 34 and 51 of the Charter arbitration outpouring, approved by Supreme Decree No. 021-88-ED in accordance with the text before it was changed,” he adds in his second provision.

motives

According to the text, signed by the President of the Republic, Dina Boluarte and the Minister of Education, Magnet Marquez – The cancellation of the previous standard was motivated by a report from the General Directorate of Banking, Insurance and Private Pension Funds, which indicated inconsistencies with the previous modification.

“The Banking, Insurance and Private Pension Fund Administration has indicated that the change in the Articles of Association arbitration outpouring It has not been previously reported to, reviewed or approved by the said Office, despite the fact that it contained aspects within its jurisdiction,” the decree states.

“Similarly, he concluded that the aforementioned Supreme Decree contains aspects of concern that are not agreed upon and/or need to be adjusted to reflect the regulatory framework issued by the aforementioned oversight body,” he adds.

Therefore, the executive branch indicated that “in order to guarantee respect for the right of association recognized in article 13 of the Political Constitution of Peru, it is appropriate annul amendments made to the Main Spill Statute”.

controversy

On July 7, the then President of the Republic, Pedro Castillo, and the Minister of Education, Rosendo Serna, promulgated Supreme Decree No. 009-2022-MINEDU, which established modifications in the statute of the Master Spill.

The said decree established changes such as the inclusion teaching assistants appointed from educational institutions of basic, vocational education and higher educational institutions of the education system without distinction of levels, classes and categories.

It also provided that the elections of its organs of power were carried out “through general election, free of charge, voluntarily, directly and secretly from partners”, and not “through the Unitary Union of Educators of Peru (SUTEP) and the Union of Teachers of Higher Educational Institutions of Peru (SIDESP)”.

Faced with these changes, the President of Magisterial Derrama, Luis Espinozain dialogue with RPP newspointed out that in fact the government and the Ministry of Education were looking for “fenatize” the institution. In addition, he stressed the importance of electing their representatives in a representative manner.

“The most important democracies in the world happen through representation. arbitration outpouring, it is the election of managers that is representative. At the suggestion that comes from a teacher from his school, from his province, from his region, he goes through a national event and then becomes a member of the Ministerial Outpouring Directory. The Ministry does not strive for democratization, but for the feminization of the Arbitration Spill,” he said in a News extension.

Espinoza Tarasona He indicated that he was waiting for the Congress of the Republic to reiterate its feelings and confirm its decision to rescind the supreme decree.

“The cry for us teachers is that the government, through this regulation, does not intend to steal the funds that more than 250,000 teachers in the country have. The purpose of this regulation is that, through the government, he Ministry of Education and their vain alliance, which is Fenatep, to appropriate all the property and means that the teachers have,” he said.

For its part, on November 8, Congress, through the Constitutional Commission, approved by a majority an opinion proposing the suspension of Supreme Decree No. 009-2022-MINEDU for two years.

Chairman of the said commission, Hernando Guerra Garcia pointed out that Ministry of Education cannot unilaterally change the articles of association arbitration outpouring as its own statute establishes that it is a private law legal entity with administrative, economic and financial autonomy.

Therefore, he pointed out that a supreme decree could not regulate the life of a private person and that this bill stopped affecting the fundamental right of society to association. arbitration outpouring as enshrined in the Constitution.

“This proposal stops the pretense of the fundamental right to association, enshrined in figure 13 of Article 12 of the Constitution, to the detriment of the Master’s spill,” the parliamentarian said.

He added that in this way this entity retains the right to self-organize in such a way that it can be autonomously responsible for its social future.