The municipality of Miraflores declares the area a no-go zone for public rallies and processions.

The Municipal Council of Miraflores at an extraordinary meeting presided over by the mayor of the district, Carlos Canales (People’s Renewal), decided to ratify the 2007 ordinance proclaiming restricted area jurisdiction for “assemblies, demonstrations and public and political marches that jeopardize the safety, free movement and health of residents and visitors.”

This provision was approved yesterday, Friday, by a majority of votes, which “agreed that in miraflores The principle of authority and respect for rules must prevail.”

Area covered by the ordinance

According to the municipality, the area declared restricted includes the area limited by roads. Avenue Angamos Este, Avenue Comandante Espinar, Avenue Jorge Chávez, Avenue Malecón de la Reserva, Avenue Armendariz, Avenue Tejada And Avenue Paseo de la República.

The commune specified that the agreement was backed up by “technical reports” issued by various departments in the municipality, such as Office of Civil Securitywhich took into account “the clashes and mobilizations of recent weeks in Lima Sercado, Miraflores and other areas, which in many cases have escalated into high levels of violence and vandalism.”

From my side, Culture and Tourism Management considered a decree of the Ministry of Culture from 2017, recognizing in the area “historical and cultural areas that at this stage deserve protection and protection.”

Similar Authorization and control management He pointed out the need “not only to keep the residents calm and safe, but also to protect and support commercial activities and official enterprises that stimulate the Miraflores economy.”

Finally, the council took into account that last Tuesday, February 14, the government extended the state of emergency in Lima, Callao and on important highways of the National Road Network, for this reason, with this measure, it seeks to “guarantee, maintain and restore aspects, related to the traffic, safety, health and economic reactivation that the area requires.”

disputes

It should be noted that last Wednesday a similar resolution Municipality of Lima (MML) which declares the Historic Center of the Capital an intangible zone “for the development of processions, demonstrations and public and political gatherings endangering public safety and/or health.”

In this regard, the decision of the court constitutional Court dated 2005 settled a lawsuit filed General Confederation of Workers of Peru (CGTP) before the decree of the mayor of Lima, who in 2003 declared “a hard zone for any type of public congestion, the sector of maximum protection in the historical center of Lima.”

This decision was announced by the TC “not applicable to unconstitutional”layout Municipality of Lima while “the declaration of the Historical Center as a cultural heritage has not freed its streets and avenues from the state of public roads, expressly recognized by the founder as places allowing the actual exercise of the right to assemble.”

In addition, the aforementioned sentence stated that by “abstractly prohibiting any gathering in the historic center of Lima”, the municipality “is taking on an absolutely unnecessary measure, since the same goal can be achieved by assessing in each case objective reasons, sufficient and justified, which may justify the adoption of restrictive measures in relation to the exercise of the right to assembly, the last of which is the prohibition bid to which the administrative authority must apply.

“(IML) forgets that any limitation of fundamental rights, in so far as they are, must not exceed, so to speak, the ‘limit of limitations’, that is, the principles of reasonableness and proportionality, while preserving intact, in any case, the essential content of these rights,” it says. in a decision of the Constitutional Court.