Jose Luis Bustamante y Rivero

José Luis Pablo Bustamante y Rivero (Arequipa, January 15, 1894 – Lima, January 11, 1989) was a Peruvian lawyer, jurist, politician, diplomat, and writer who was president of the Republic of Peru from 1945 to 1948.

A man of legal training and recognized probity, he came to power representing an alliance of parties, the National Democratic Front (FDN), of which the Aprista party was a part. He ruled Peru with an unusual adherence to law in Peruvian history.

His government was one of broad public liberties, but he suffered the opposition of the Aprismo, who criticized him for his lack of decision to apply the agreed reforms and of the right-wing parties. Notable fact of his management was to extend Peruvian sovereignty in an extension of two hundred nautical miles, in 1947. On October 29, 1948, he was overthrown by a coup led by General Manuel Odría, being exiled from the country.

He returned to Peru in 1956, when Odría's Ochenio was ending, declining to run for election that same year. In recognition of his career, between 1967 and 1970 he served as the Presidency of the International Court of Justice in The Hague, of which he had been a member since 1961 on behalf of Peru. Between 1980 and 1989 he served as Senator for Life of the Republic. Man of wide humanistic culture, he also stood out for his numerous essays, written in pure and neat prose.

Birth and youth

Descendant of a prominent Arequipa family, his parents were Manuel José Bustamante y Barreda (lawyer, diplomat and prosecutor of the Supreme Court of Arequipa ) and María Victoria Andrea de Rivero y Romero. Grandson of Pedro José Bustamante y Alvizuri, Peruvian diplomat, magistrate and politician, who was president of the Chamber of Deputies from 1858 to 1859. Through his father he was a distant cousin of former president Eduardo López de Romaña and distant uncle of former president Óscar R Benavides and the writer Mario Vargas Llosa.

He was born in the building that forms the corner of Jerusalén and San José streets in Arequipa and was baptized the following day according to the entry registered on page 383 of Baptism Book No. 121 of the Tabernacle Parish of that city.

He was educated in Arequipa at the San José College run by the Jesuit Fathers, from where he graduated in 1910. He studied at the Universidad Nacional San Antonio Abad del Cusco, where he graduated as a Doctor of Letters in 1918 with his thesis: « Reorganization of the universities»; and at the National University of San Agustín de Arequipa, where he graduated with a bachelor's degree and a doctorate in Law, with the theses: «Military Justice» and «Organization and procedures of military justice in Peru; commentary on books I, III and IV of the Military Justice Code of 1898», respectively. He graduated as a lawyer. Years later he graduated as a doctor in Political and Economic Sciences, with his study on "Peruvian-Chilean arbitration before International Law" (1929).

In his college years he composed poetry; His verses were contemplative and adhered to conventional forms. In a contest promoted by the newspaper El Heraldo he received recognition for his poem to the «City that was», dedicated to the old Arequipa (1918). His sentimental and fine poetry, such as "Serenata de Antaño", "Cantares", "La Chacra", and others, are preserved in the folkloric collection of Arequipa.

But it would be in the field of law where he would stand out the most. His legal talent was quickly recognized, deserving in 1919 the first prize in the contest organized by the Arequipa Bar Association, for his "Project Law for Justices of the Peace". Said work was published in the magazine El Derecho of Arequipa (No. 55, May 1920).

Simultaneously, he taught: he was a professor of Grammar and Spanish Literature at the school attached to the San Jerónimo Seminary; and Professor of Modern Philosophy, Social Geography and American History at the Faculty of Letters of the University of San Agustín (1922-1928). In the Faculty of Law of the same he was holder of the chair of Procedural Law (1927-1928). He resigned when the government of Augusto B. Leguía intervened against university autonomy. Later, between 1931 and 1934, he governed the chair of Civil Law at the same university.

On December 16, 1923, he married María Jesús Rivera, with whom he had his children Beatriz and José Luis.

Start in politics

The Arequipa revolution started on August 22, 1930 by Commander Luis Miguel Sánchez Cerro against the Leguiísta dictatorship, was the beginning of Bustamante's incorporation into Peruvian political life. He was the one who wrote the letter (later called Arequipa Manifesto ) where Sánchez Cerro demanded that President Leguía resign, thus justifying the statement:

The pronouncement that has just taken place in Arequipa is not the work of a party, nor the feat of a group, nor the audacity of a leader; it is the genuine expression of a national, fervorous and unanimous yearning, long time repressed by the tyranny; but today finally converted into reality...

That same day the Arequipa Revolutionary Junta was formed, of which Bustamante was secretary of political affairs. He then went on to join the Government Board chaired by Sánchez Cerro, as Minister of Justice, Worship and Instruction, a position he held from November 24, 1930 to January 31, 1931, as part of the last civic-military cabinet of the government. sanchecerrista.

He was accredited as plenipotentiary minister in Bolivia (1934-38) and then in Uruguay (1939-42), returning to Bolivia as ambassador (1942-45). In the interim, he was accredited to the Second South American Congress of Private International Law in Montevideo (1939-40).

1945 General Election

In 1945, with the first government of Manuel Prado and Ugarteche coming to an end, general elections were called. The Prado government, despite claiming to be democratic, kept the most popular party in Peru, the Aprista, whose leader was Víctor Raúl Haya de la Torre, under ban. There were no other political forces capable of seriously aspiring to the government on their own, which forced the formation of electoral alliances. This is how the National Democratic Front (FDN) was formed, made up of the most disparate parties and movements, but the most important being the Aprista party, which, to avoid the constitutional prohibition due to its status as an "international party", adopted the name of "People's Party".

At the end of 1944, Marshal Óscar R. Benavides returned to Peru, presumably to run for the presidency, but finding no support from the government, he approached the FDN, whose nucleus was made up of the Apristas, as has already been said. Benavides and Haya de la Torre coordinated to launch a common candidacy for the FDN, of a reconciliatory nature. Both complemented each other: Haya had the most powerful party; Benavides enjoyed prestige among the most important economic sectors and recognized and great ascendancy in the army. The one chosen to be a candidate was Bustamante y Rivero, then ambassador to Bolivia, who through the famous "Memorandum of La Paz" He put a series of conditions to accept, emphasizing in its basic points giving priority to moralizing objectives and the elimination of political hatred. The FDN accepted his conditions and proclaimed his candidacy on March 19, 1945.

The FDN won the elections held on June 10, 1945, with a wide advantage —305,590 votes (66.97%) against 150,720 (33.03%) for its competitor, General Eloy Ureta, supported by Prado—. He also obtained a majority in Parliament, of which the Aprista representatives formed an important nucleus.

At the beginning of July 1945, Marshal Benavides, the architect of the pact between Aprismo and Bustamante, died in Lima, which would not last long.

President of Peru

José Luis Bustamante and Rivero in their youth.

Bustamante y Rivero was sworn in as president of the country on July 28, 1945. His first vice president was the poet José Gálvez Barrenechea. His first ministerial cabinet was chaired by Rafael Belaunde Diez Canseco from Arequipa.

Bustamante wanted an authentic democracy to prevail in Peru, with social reforms that would reach all its inhabitants. But from the first moment he had to face economic and social problems, as a consequence of the Second World War, which was already ending in those days. Foodstuffs were in short supply; there were difficulties for the development of national industries; foreign currency was scarce, among other situations that accentuated the economic crisis that was already taking shape since the end of the first Prado government, bringing social unrest as an inevitable sequel.

Political crisis

In the political aspect, the rupture of the National Democratic Front took time to occur, passing one of its most important members, the Aprista Party, to make an unbridled opposition to the government from Parliament, seeing that the president refused to submit at your will. It also suffered opposition from the traditional oligarchy, which frowned upon Bustamante's renewal plans, as well as some of his economic policies, such as exchange controls, which directly affected the pockets of exporters.

The political unrest reached its climax with the murder of Francisco Graña Garland, an important businessman who was president of the board of the daily La Prensa (January 7, 1947). As said newspaper was carrying out a persistent anti-Aprista campaign at that time, the Apristas were accused of the crime. director of El Comercio, who was victimized by Carlos Steer Lafont, a young Aprista, in 1935.

The “Graña crime” marked the beginning of the rupture between Bustamante and APRA. The ministerial cabinet headed by Dr. Julio Ernesto Portugal resigned and another was formed, headed by Rear Admiral José R. Alzamora.

The political crisis reached a crucial moment when an unusual parliamentary strike took place, manipulated by a group of senators called "independents" (anti-Apristas), who refused to attend the Senate on July 28, 1947 to install the Congress of that year. The Constitution established that both chambers of Congress, that of senators and that of deputies, should function simultaneously; otherwise, the parliamentary recess would take place. Bustamante then governed without Parliament, since he could not do otherwise, and APRA accused him of having engineered all this to immobilize the opposition.

At the end of October 1947, another cabinet was formed, predominantly military, chaired by Rear Admiral Roque A. Saldías, and made up of General Manuel A. Odría as Minister of Government and Police. This cabinet had to face the difficult situation created by the exacerbated APRA opposition and the anti-Aprista reaction. Saldías proposed outlawing Aprismo, which was rejected by Bustamante; in response, Saldías and his cabinet resigned in June 1948. He was succeeded by the cabinet headed by Armando Revoredo Iglesias, who was the last in government.

On July 7, 1948, the anti-Aprista rebellion of Commander Alfonso Llosa G. P. broke out in Juliaca, which failed, but it was a sign of the discomfort of the high military commands who considered the president's actions weak against the Apristas, who arrived to commit terrorist actions in various parts of the country.

In order to solve the problem posed in Congress by the recess or absenteeism of parliamentarians, Bustamante proposed, in July 1948, the convocation of a Constituent Congress made up of the congressmen elected in 1945 and an additional number elected by incomplete list and in a single electoral district. This project did not come to fruition, as the Odría coup d'état took place shortly after.

Despite the acute political crisis, the Bustamante government was characterized by its tendency to strengthen political democracy and by a broad enjoyment of public liberties. They were actually "three years of struggle for democracy in Peru" as one of his written works is titled.

Social-economic crisis

In the economic aspect there were serious difficulties. Inflation was growing and wages were losing their purchasing power. The shortage of basic necessities continued, which could only be obtained in the "estanquillos" if the Aprista militant card was presented. Queues were made from early hours of the morning to be able to buy oil, rice and other basic necessities.

Faced with social unrest, which manifested itself in strikes, Bustamante applied an Aprista-inspired social assistance policy. For example, he subsidized basic necessities, that is, he imported food to sell directly to consumers at lower than normal prices. This only produced speculation and the inevitable corruption. All of which meant a dangerous growth in public spending, without increasing tax collection. Other measures applied by Bustamante, such as exchange controls and price controls, did not change the acute situation.

For their part, exporters (the famous “export clan” of gold, cotton, wool, rice and sugar) demanded the total elimination of exchange controls and import restrictions, which directly affected their pockets; Seeing their wishes frustrated, they plotted the coup with the military.

Important works

Despite the crisis it faced, the Bustamante government carried out important works that set the country on the path of modernity.

• By the historic Supreme Decree issued on 1 August 1947 and signed by Foreign Minister Enrique García Sayán, Peru's sovereignty and jurisdiction over the maritime platform, the continental socket and the sea were extended to 200 miles.
• The International Canal was built on the Zarumilla River on the border with Ecuador.
• A National Housing Plan was implemented in order to build housing units. The National Housing Corporation (CNV) was established and the Neighborhood Unit No. 3 was built near Callao.
• More than 20 populations were provided with potable water in the interior.
• Industrial technical education and rural education were promoted, creating the first peasant educational centres, in the ministerial management of Luis E. Valcárcel.
• Studies began to irrigate the pampas of Piura, Ica, Majes and Siguas.
• Work began to irrigate the pampas of Chao, Moche and Virú, in La Libertad.
• The almost total irrigation of the pampas of La Ensenada and Mejía was made in Arequipa.
• Pacocha dam was built.
• Worker Social Security policy continued with the establishment of care centres.
• The hospitals of Cañete and Chincha were opened and Trujillo and La Oroya were built. In Lima, the Hospital Bravo Chico (now Hipólito Unanue) was built for tuberculosis patients.
• The paths of penetration into the jungle (Huánuco-Pucallpa and Olmos-Marañón) were improved.
• The Peruvian Tourism Corporation was established to promote this activity.
• The National Vapores Corporation was established, modernizing the former Peruvian Vapores Company.
• The Petrolera Fiscal Company was established for the exploitation of the northern deposits of the country.
• The delimitation of the border with Ecuador was continued in accordance with the Rio Protocol of 1942.

Overthrow

The coup d'etat of Manuel A. Odría on October 29, 1948.

In June 1948, Manuel A. Odría, together with the rest of the military cabinet and other elements of the right, insisted on President Bustamante to outlaw APRA, close its premises and newspapers, imprison or exile to their leaders. As the president refused such a demand, the full cabinet resigned. Thus, the political crisis between the government and the military was raised. These, encouraged by the exporting agro-mining sector, opposed to the exchange control applied by Bustamante, plotted to carry out a coup, while the Apristas planned another coup of their own. Elements of the Aprista left wing fomented the rebellion of the sailors in Callao, which was bloodily crushed (October 3, 1948). Bustamante outlawed the Aprista party, but it was too late.

On October 27, 1948, Odría, at the head of the Arequipa garrison, rose up against the government, proclaiming a “Restauradora Revolución”. Other important garrisons, such as the one in Cuzco, hesitated to fold, but the triumph of the movement was decided when the Lima garrison, commanded by General Zenón Noriega, joined Odría. Bustamante, who refused to resign, was forcibly taken to the Limatambo airport and put on a plane bound for Buenos Aires, Argentina.

Bustamante later declared that the end of democracy was caused by the blockade that his government suffered from a party like the Aprista, demagogic and hegemonic, as well as from a feudal and reactionary oligarchy.

Return to Peru

President of the Hague International Court of Justice (1968).

After his overthrow, Bustamante spent the first year in exile in Buenos Aires (where he published a book in defense of his government) and then in Santiago de Chile, where he had to go to attend to the health of his wife. After a brief stay in New York, the couple spent the next five years in Madrid and Geneva.

Prohibited from returning to his country by the Internal Security Law of the military government, Bustamante filed a writ of Habeas Corpus through his lawyer Luis Bedoya Reyes in 1955. Unexpectedly, the president of the Superior Court of Lima (Domingo García Rada) who evaluated the appeal, issued a singular vote against the by then already weakened government (November 19, 1955) and, despite the fact that the Supreme Court also rejected the request in the last instance (January 7, 1956), Odría was forced to allow Bustamante's return.

He returned to Peru on February 9, 1956, which was a great event. After giving two rallies in the Plaza San Martín in Lima and the Plaza de Armas in Arequipa, it was thought that he would run for president in the elections of that same year, but he declined that honor, devoting himself exclusively to intellectual life and his professional work. The Odría government ended a few months later in July 1956.

In 1956 he was incorporated into the Peruvian Academy of Language, and his order speech was entitled "Historical-critical study of the language and the work of Francisco García Calderón", corresponding to Aurelio Miró Quesada Sosa the answer on behalf of The academy. Said essay was printed in 1959. In 1960 he was elected dean of the Lima Bar Association. In 1961 he was appointed a member of the International Court of Justice in The Hague, of which he was president from 1967 to 1970. In 1968 he was incorporated into the National Academy of History, occupying the position left by Luis Antonio Eguiguren.

In 1974, when the military government of Velasco expropriated the media, it rejected the measure as arbitrary and undemocratic: "Government is a word that indicates and implies a conscious bilaterality of two wills: rulers and ruled. If that bilaterality does not work, there is no possible government; there will simply be two dislocated elements, the hand order and the imposed obedience. In total, absolutism". Thanks to his international prestige, he was appointed mediator in the border conflict between El Salvador and Honduras, which aggravated after the so-called Soccer War. This process culminated in the signing of the general peace treaty on October 30, 1980 in Lima.

He was awarded the Palmas Magisteriales in the degree of Amauta, in 1981. That same year he was appointed president of the Superior Council of the Ibero-American Cooperation Institute. And finally, from 1980 to 1989 he was senator for life of the Peruvian Republic in his capacity as former constitutional president, in accordance with the provisions of the 1979 Constitution. From this position, he opposed Peru's accession to the United Nations Convention on the Law of the Sea, since it implied giving up the 200-mile doctrine that his government had postulated in 1947.

He died in Lima at the Military Hospital at 1:40 p.m. on January 11, 1989, a few days before his 95th birthday. At that time, Alan García, the first and only Aprista president in history, was ruling in Peru.

His remains rest in the Surquillo Municipal Cemetery.

Written Works

Statue of Bustamante and Rivero in the eponymous district of Arequipa.

• Reorganization of universities (1918).
• Military justice (1919).
• Organization and procedures of military justice in Peru (1920).
• A vision of Peru (Montevideo, 1941 and subsequent reissues in Lima).
• International Civil Law Treaty (Montevideo, 1942).
• The ideology of Don Francisco García Calderón (Paris, 1946), a speech read in homage to the American jurist in 1934, commemorating the first centenary of his birth.
• Arequipa (1947).
• Three years of struggle for democracy in Peru (Buenos Aires, 1949) essay in defense of its presidential management.
• Pan-Americanism and Ibero-Americanism (1951).
• The UN at the Palace of Chaillot (1952).
• Message to Peru (1955; 1960 and 1968).
• Peru, social structure (1959).
• The International Court of Justice (1964).
• A vision of Peru (1972).
• Law of the sea, scientific bases and juridical-social principles that support the doctrine of 200 miles as a measure of the width of the Peruvian territorial sea (Lima, 1972).

In fiction

Bustamante y Rivero appears as a character in the Norwegian film Kon-Tiki (2012), played by Maltese actor Manuel Cauchi.