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PARAGUAY
Cámara de Senadores (Senate)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Congreso / Congress
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Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Senadores / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
Affiliation to the IPU Yes
Affiliation date(s) 1958 - 2003
2006 -
LEADERSHIP
President
Enrique González Quintana (M)  
Notes 01.07.2008 - 30.06.2009
Secretary General
Darío A. Garcete Souza (M)  
COMPOSITION
Members (statutory / current number) 45 / 45
PERCENTAGE OF WOMEN


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Women (current number) 7 (15.56%)
Mode of designation Directly elected 45
Term 5 years
Last renewal dates 20 April 2008
(View details)
CONTACT INFORMATION
Address Cámara de Senadores
Palacio Legislativo
Avda. República e/
14 de mayo y 15 de agosto
Asunción - Paraguay
(Export mailing lists)
Phone (59521) 414 5310
414 5903
414 5904
Fax (59521) 414 5903
E-mail webmaster@senado.gov.py
info@senado.gov.py
Website
http://www.senado.gov.py/

ELECTORAL SYSTEM

Parliament name (generic / translated) Congreso / Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Senadores / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
LEGAL FRAMEWORK
Electoral law 1 January 1900
Mode of designation Directly elected 45
Constituencies 1 multi-member (45 seats) national constituency.
Voting system Proportional: Closed party-list proportional representation system.
Each recognized political party or movement must present a list of candidates with as many names on it as seats to be filled. Any vote must be expressed for the list of a given party or movement.
The votes received by each list are divided by one, two, three, four and so on up to the number of seats to be filled. The quotients are ranked from the largest to the smallest. Seats are then allocated to the lists with the highest averages.
Vacancies arising between general elections are filled by substitues elected at the same time as titular members.
Voting is not compulsory but considered a duty.
Voter requirements - age: 18 years
- Paraguayan citizenship
- residency in the country
- disqualifications: mental and physical incapacity declared by a court, deaf-mutes who cannot express themselves in writing, conscripts and soldiers of the armed forces and police, military and police cadets, detention
CANDIDATES
Eligibility Qualified electors
- age: 40 years
- Paraguayan citizenship
- ineligibility: conviction depriving of freedom or of right to hold public office, electoral offences
Incompatibilities - magistrates
- Attorney-General and members of his office
- Public Defender
- owners or partners of communication media organizations
- Comptroller General and Deputy Comptroller General
- members of the electoral authority
- members of the clergy
- representatives or agents of enterprises, corporations or bodies which have obtained a concession from the Government to operate a public service
- members of the armed or police forces on active duty
- candidates for President and Vice-President of the Republic
Candidacy requirements - candidatures are in order by a recognized party or political movement which has the backing of 100 electors

LAST ELECTIONS

Parliament name (generic / translated) Congreso / Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Senadores / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
BACKGROUND
Dates of election / renewal (from/to) 20 April 2008
Timing and scope of renewal Elections were held for all seats in the Senate on the normal expiry of the members' term of office.
The April 2008 parliamentary elections were held jointly with presidential polls. At stake were 80 seats in the Chamber of Deputies and 45 in the Senate.

The National Republican Association-Colorado Party (ANR) had been the largest party since 1947, including during the dictatorship of General Alfred Stroessner from 1954 to 1989. In the previous elections held in April 2003, the ANR obtained its worst results since the country returned to democracy in 1989. Although its leader, Nicanor Duarte Frutos, was elected as the country's President, the ANR failed to win a majority in either chamber, taking 37 seats in the Chamber of Deputies and 16 in the Senate.

The main opposition Authentic Radical Liberal Party (PLRA) took 21 seats in the Chamber of Deputies and 12 in the Senate. Another opposition party - the National Union of Ethical Citizens (UNACE) - founded by the exiled former army chief Lino Cesar Oviedo in 2000 - won ten and seven seats respectively. The remainder went to small parties. Mr. Oviedo returned to Paraguay in 2004 and was jailed for his alleged involvement in an earlier military uprising until September 2007, when a military court ordered his release. In October, the Supreme Court exonerated him of all charges. In January 2008, he was nominated as the UNACE's candidate for the presidential elections.

President Duarte Frutos initially announced that he would seek to amend the Constitution to be able to run for the presidency again. Finally, he endorsed the then Education Minister, Ms. Blanca Ovelar. In December, Ms. Ovelar won the ANR's nomination, becoming the first-ever woman presidential candidate in the country. Her rival, the then Vice-President Luis Castiglioni, alleged fraud and insisted that his faction (Vanguardia Colorado) was the real ANR. The internal split reportedly weakened the ANR prior to the 2008 elections.

In December 2007, the opposition centre-left Patriotic Alliance for Change (APC) endorsed former Roman Catholic bishop, Fernando Lugo, as its presidential candidate. The APC comprised the PLRA, the Progressive Democratic Party (PDP), the Party for a Country of Solidarity (PPS), Mr. Lugo's Tekojoja (Equality) Popular Movement (MPT), several other small leftist parties as well as civil society organizations, trade unions and small farmers' associations. Most APC candidates ran for elections under the banner of individual parties within the alliance.

Mr. Lugo, known as the "bishop of the poor", pledged to tackle corruption and poverty. He also promised land reforms and stated his intention to renegotiate contracts for the Itaipu hydroelectric dam on the border between Brazil and Paraguay, in order to develop Paraguay's economy. On 20 March 2008, former Paraguayan football star José Luis Chilavert announced that he would support Mr. Lugo, arguing that he was the only candidate who could bring the change that the country needed.

Many analysts argued that the election of Ms. Ovelar would allow President Duarte Frutos to maintain control over the country's politics. Ms. Ovelar warned that Mr. Lugo would implement leftist policies similar to those in Bolivia and Venezuela.

Mr. Oviedo's UNACE advocated conservative policies on social issues. Like the APC, it pledged to work for the poor in the country. About 60 per cent of the 6.6 million inhabitants reportedly live in poverty.

Thousands of Paraguayans living in Argentina returned to the country to vote. Many of them were reportedly supporters of Mr. Lugo's alliance. Over 65 per cent of the 2.9 million eligible voters turned out at the polls.

The elections went off in relative peace, although some irregularities - such as late opening of some polling stations and claims of multiple voting - were reported.

International observers, including a delegation from the Organization of American States (OAS), monitored the polls. The OAS praised the high turnout and declared that the polls were conducted in a climate of "total normality".

Though the ANR remained the largest party in both chambers, its margin was significantly reduced. It took 30 seats in the Chamber of Deputies and 15 seats in the Senate. The parties in the APC won a total of 31 and 17 seats respectively. The UNACE took 15 and nine seats respectively. In all, ten women were elected to the Chamber of Deputies, and seven to the Senate.

In the presidential elections, Mr. Lugo (APC) was elected with over 42 per cent of the valid votes, ending more than six decades of ANR rule.

On 1 July, the newly elected Congress held its first session. The Chamber of Deputies elected Mr. Enrique Buzarquis Cáceres (PLRA) as its new Speaker, while the Senate chose Mr. Enrique González Quintana (UNACE) as its new President.

On 15 August, Mr. Lugo was sworn in as the country's President.
STATISTICS
Voter turnout
Round no 120 April 2008
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
2'861'940
1'990'817 (69.56%)
118'257
1'872'560
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
National Republican Association (ANR)-Colorado Party
Authentic Radical Liberal Party (PLRA)
National Union of Ethical Citizens (UNACE)
Beloved Fatherland Movement ("Patria Querida", PPQ)
Party for a Country of Solidarity (PPS)
Democratic Progressive Party (PDP)
Popular Movement Tekojoja (MPT)
Distribution of seats
Round no 1
Political Group Total of seats
National Republican Association (ANR)-Colorado Party 15
Authentic Radical Liberal Party (PLRA) 14
National Union of Ethical Citizens (UNACE) 9
Beloved Fatherland Movement ("Patria Querida", PPQ) 4
Party for a Country of Solidarity (PPS) 1
Democratic Progressive Party (PDP) 1
Popular Movement Tekojoja (MPT) 1
Distribution of seats according to sex
Men

Women

Percent of women
38

7

15.56%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Source: http://www.tsje.gov.py/e2008/res_2008/senadores.html

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Congreso / Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Senadores / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
APPOINTMENT AND TERM OF OFFICE
Title President of the Senate
Term - duration: 1 year (expires on 30th June each year)
- reasons for interruption of the term: resignation, sub-standard discharge of duties, death, dissolution of the Senate
Appointment - elected by all Senators
- the election is held on the 30th of June of each year
- after the Members have been sworn in
Eligibility - any Senator may be a candidate
Voting system - formal public vote by roll call
- an absolute majority is required for the first round, a simple majority for following rounds
Procedures / results - the outgoing President presides over the Senate during the voting
- two Senators appointed by the Senate supervise the voting
- the outgoing President announces the results without delay
- the results cannot be challenged
STATUS
Status - ranks second in the hierarchy of the State
- has precedence over the President of the Chamber of Deputies
- represents the Senate with the authorities
- is an ex officio member of bodies outside Parliament
- represents the Senate in international bodies
- presides over joint sittings of both Houses
- in the absence of the President, one of the Vice-Presidents can assume his/her role and functions

Board
Material facilities - allowance
- representation allowance
- official car with chaffeur
- secretariat
- bodyguards
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
- examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees
- appoints Committees and their Chairmen
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Senate
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the Senate based on precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates

Special powers - is responsible for establishing the Senate's budget
- recruits, assigns and promotes staff
- appoints the Secretary General
- organizes the services of the Senate
- plays a specific role in the conduct of foreign affairs or defence matters
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Senate

Speaking and voting rights, other functions - provides guidelines for the interpretation or completion of the text under discussion
- signs laws

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Congreso / Congress
Structure of parliament Bicameral
Chamber name (generic / translated) Cámara de Senadores / Senate
Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies
NATURE
Nature of the mandate · Free representation
Start of the mandate · On 1 July of the year of elections (Art. 187 (2) of the Constitution of 20.06.1992)
Validation of mandates · Validation by the Senate only in case of challenge (Art. 1 of the Rules of Procedure of the Senate)
· Procedure (Art. 196 to 198 of the Constitution, Art. 2 and 3, 14 to 21 of the Rules of Procedure of the Senate)
End of the mandate · On the day when the legal term of the House ends, that is on 30 June of the fifth year of the legislature (Art. 187 (2) of the Constitution) (early dissolution not foreseen in the Constitution). For life-time senators (see Art. 189 of the Constitution), the mandate ends on death.
Can MPs resign? Yes · Yes, of their own free will (Art. 201 (2) of the Constitution)
· Procedure (Art. 190 of the Constitution): written resignation; the Senate decides by a simple majority vote.
· Authority competent to accept the resignation: the Senate
Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter:
- Incompatibilities or ineligibilities (Art. 196 to 198, and 201 (1), No. 1 of the Constitution; see also Validation of mandates)
- Penalties foreseen for violation of the rules of conduct (Art. 201 (1), No. 2 of the Constitution)
- General procedure (Art. 190 of the Constitution)
(b) Loss of mandate for absence (Rule 90 of the Rules of Procedure of the Senate; see Participation in the work of Parliament)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The Board
2. The parliamentary groups
3. The committees
· Outside Parliament: the official order of precedence does not include senators.
Indemnities, facilities and services · Diplomatic passport
· Basic salary + Representation allowance: $ 3,200
+ Additional allowance: $ 800
· Total exemption from tax
· Special pension scheme
· Other facilities:
(a) Secretariat/assistants (Art. 200 of the Constitution, Rules 43 to 48 of the Rules of Procedure of the Senate)
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 191 (1) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Rule 154 of the Rules of Procedure of the Senate, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 191 (1) of the Constitution, see also Art. 3 of the Ley de Garantías de Fueros).
· It applies to criminal and civil proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody.
· Derogations: if caught in flagrante delicto in relation to a crime meriting a prison sentence, an MP can be arrested. Procedure (Art. 191 (1) of the Constitution; see also Art. 9 and 10 of the Ley de Garantías de Fueros).
· Parliamentary inviolability does prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate.
· Parliamentary immunity (inviolability) can be lifted (Art. 109 (2) of the Constitution):
- Competent authority: the Senate
- Procedure (Art. 109 (2) of the Constitution). In this case, MPs must be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by Parliament and the political parties.
· Handbooks of parliamentary procedure:
- Constitución Nacional
- Reglamento Interno de la Honorable Cámara de Senadores


Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and at committee meetings (Rule 30 of the Rules of Procedure of the Senate). For leave of absence, see Rules 30, 33, and 35 of the Rules of Procedure of the Senate.
· Penalties foreseen in case of failure to fulfil this obligation (Rules 31, 32, and 90 of the Rules of Procedure of the Senate): reduction of basic salary, suspension of up to two months without pay of basic salary, loss of mandate
Discipline · The rules governing discipline within Parliament are contained in Art. 190 of the Constitution, and Rules 41 (h) and (j), 154, and 156 to 159 of the Rules of Procedure of the Senate.
· Disciplinary measures foreseen:
- Interruption (Rules 156 and 157 of the Rules of Procedure of the Senate)
- Warning for irrelevance (Rule 156 of the Rules of Procedure of the Senate)
- Call to order (Rules 158 and 159 of the Rules of Procedure of the Senate)
- Withdrawal of the floor (Rule 159 of the Rules of Procedure of the Senate)
- Prohibition to speak for the rest of the sitting (Rule 159 of the Rules of Procedure of the Senate)
- Admonition (Art. 190 of the Constitution)
- Suspension from Parliament without pay (Art. 190 of the Constitution
- Adjournment of Parliament, suspension of the sitting (Rule 41 (j) of the Rules of Procedure of the Senate)
· Specific cases:
- Offence or insult (Rule 154 of the Rules of Procedure of the Senate)
· Competent body to judge such cases/to impose penalties (Rule 41 (h) of the Rules of Procedure of the Senate):
- Interruption: another senator; the Senate
- Warning for irrelevance, adjournment of Parliament, suspension of the sitting: the President
- Call to order: the President, the Senate
- Admonition, suspension from Parliament without pay: the Senate
- Withdrawal of the floor
- Prohibition to speak for the rest of the sitting
- Offence or insult
· Procedure:
- Interruption, warning for irrelevance (Rules 156 and 157 of the Rules of Procedure of the Senate)
- Call to order, withdrawal of the floor, prohibition to speak for the rest of the sitting (Rules 158 and 159 of the Rules of Procedure of the Senate)
- Admonition, suspension from Parliament without pay (Art. 190 of the Constitution)
- Adjournment of Parliament, suspension of the sitting (Rule 41 (j) of the Rules of Procedure of the Senate)
- Offence or insult
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 190 and 201 (1), No. 2 of the Constitution).
· Penalties foreseen for violation of the rules of conduct:
- Admonition, suspension from Parliament without pay (Art. 190 of the Constitution; misconduct)
- Exclusion (Art. 201 (1), No. 2 of the Constitution; improper use of the influence stemming from his office; see also Loss of mandate)
· Competent body to judge such cases/to impose penalties: the Senate
· Procedure:
- Admonition, suspension from Parliament without pay (Art. 190 of the Constitution; misconduct)
- Exclusion (Art. 201 (1), No. 2 of the Constitution; improper use of the influence stemming from his office)
Relations between MPs and pressure group · There are no legal provisions in this field.


This page was last updated on 15 June 2009
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