From Shanghai, in China, the Minister of Justice, Eduardo Montealegre, presented the articles to convene a National Constituent Assembly.
The head of the Justice portfolio assured that the process was under the direction of different social sectors and will begin, according to Montealegre, on Friday, June 24, 2024.
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“Under the direction of a wide range of social actors—peasants, workers, women heads of households, gypsy communities, young people, victims of the conflict, Afro-descendant and indigenous populations—and in the Plaza de Bolívar in Bogotá, Colombia will begin tomorrow a process that seeks to advance human dignity“, indicated Eduardo Montealegre.
The official assured that some “provisions” of the 1991 Constitution have been “left behind” in the national territory, which is why he stated that the situation must be “overcome.”
“An autonomous process, without external impositions or international humiliations. We will begin a constituent initiative aimed at transforming the country and providing it with institutions in accordance with the needs of the 21st century. Some provisions established in 1991 have been left behind, others have been used by sectors opposed to social change to hinder progress. This situation must be overcome,” Minister Montealegre pointed out.
The Minister of Justice assured that the assembly It would be made up of 71 delegates and would have the representation of “sectors with diverse gender identities.”
“As Minister of Justice and Law of the Government of Gustavo Petro, today I present to the people of Colombia a bill to convene a National Constituent Assembly of a social nature. This assembly would be composed of seventy-one delegates, with gender parity and representation for sectors with diverse gender identities, beyond the traditional categories of Western philosophy,” stated the official.
And he added: “With this project we seek to lay the foundations for society to deliberate about its future. It is up to the citizens to decide their political destiny, just as happened in the ancient Athenian democracy. The text presented today to the social sectors is a starting point to build the transformation model that the country requires. Through the debate of ideas, without resorting to violence or impositions by those who have benefited from the war, the construction of a different Colombia is projected. The constituent assembly will be the space to develop the social program that historically has not been able to advance under other governments.”
The bill proposed that citizens decide, through popular consultation, to convene a Constituent Assembly in charge of reforming the Political Constitution of Colombia.
The document, presented by Eduardo Montealegre, presented as its main argument the alleged presence of institutional blockages that prevented, according to the text, the approval of social reforms in labor rights, health, housing, indigenous autonomy and environmental protection. The diagnosis indicated that these situations limited the effective guarantee of fundamental rights and affected confidence in legislative bodies.
The proposal determines that the Assembly would be composed of 71 delegates elected through popular vote. The election mechanism would include gender parity criteria and seats aimed at historically excluded sectors, such as indigenous communities, Afro-descendants, peasants, victims of the armed conflict, unions, young people, the Lgbtq+ population, mothers who are heads of households and Colombians residing abroad. The inclusion of these groups was intended to ensure diverse representation in the constitutional reform process.
The project defined limits for the competence of the Constituent Assembly. It was indicated that it would not be empowered to revoke Congress or suppress fundamental or social rights.
Furthermore, it established the obligation to respect the international commitments assumed by Colombia regarding human rights and not to adopt measures that would imply setbacks in these areas. The text specifies the need for constitutional control prior to the call, in addition to carrying out the popular consultation, as essential steps in the process.
According to the document, the presidential model and the current legislative dynamics resulted in scenarios of blockage and difficulties in advancing structural reforms. The proposal mentioned that, if approved in Congress, the popular consultation would define whether or not citizens endorsed the formation of the Assembly and the scope of its powers.
The final approval of the initiative, as well as the regulation of the consultation, were subject to the legislative process and the established legal procedures.
