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Politics

The Government System of Colombia

Colombia is a country at the northern tip of the South American continent and connects to the Central American region. Colombia is bordered with five other countries, Venezuela, Brazil, Peru and Ecuador in South America and Panama in the Central America region, the country also has a coast along the North Pacific Ocean and another coast along the Caribbean Sea in the North Atlantic Ocean. Its capital city is Bogota which is located at high-altitude in the southeastern part of the Bogota Savanna.

The area where Colombia is located was inhabited by various American Indian People’s during the earliest of times before the eventual arrival of the Spaniards just before the 1500s and eventually annexed part of the land and established a colonial province called the New Kingdom of Granada, which is mostly the territory that Colombia has in modern day and was part of the Viceroyalty of Peru under the Spanish Empire. The Kingdom would later become part of the Viceroyalty of New Granada in the 1700s which included parts of modern-day Ecuador and Venezuela and later also Panama, under the Spanish Empire.

Movements for independence would spring up and either be crushed by the Spanish or remain ineffective. Eventually though in 1810 a more strong and serious movement led to a declaration of independence and the creation of the United Provinces of New Grenada which had similar borders to present day Colombia, the new state saw much fighting among itself in a period known as Patria Boba, eventually Spain would return and reconquer the area back under the Spanish Empire, but the now weakened Empire (due to the Napoleonic Wars and other wars of independence) struggled to contain a new push for independence led by Simon Bolivar and independence would be achieved again in 1819 and the territory known as Gran Colombia would emerge.

Gran Colombia included modern-day Colombia, Venezuela, Panama, Ecuador and parts of Guyana and Brazil. Gran Colombia due to instability though would eventually break up into Ecuador, Venezuela and New Granada. New Granada included present-day Colombia and Panama but also small portions of Nicaragua, Costa Rica, Ecuador, Venezuela, Peru and Brazil. After this, it would become the Grenadine Confederation, including Colombia, Panama and parts of northwestern Brazil and then after a 2-year civil war it would become the United States of Colombia in 1863, and then finally in 1886 the Republic of Colombia as it is known today and Panama seceded in 1903 giving the country its present borders.

Colombia though remained unstable seeing continuing civil wars and armed conflicts, even until present day when the Colombian Conflict begun in the 1960s, including fighting between the government, crime syndicates and communist revolutionary groups, although this fighting has largely calmed down since 2005 and a peace deal with the FARC group is ongoing. The country remains infamous for Pablo Escobar, a drug lord and narcoterrorist who founded and lead the Medellin cartel up until his death in December 1993 in a shootout with authorities. His legacy in the country remains large and controversial, with different sides arguing for and against many of his actions and their outcomes for the country, some see him as a murderous criminal who was bad for the country while others saw him as a sort of Robin Hood figure.

Spanish is the official language and the largest religion is Roman Catholic. The country’s currency is the Colombian Peso. The country’s population is estimated to reach 49,084,841 by July 2020. Due to its history the country is ethnically and linguistically diverse.

Government Type

Colombia’s Coat of Arms.

Colombia is a presidential representative democratic republic where a single leader who is President is both Head of State and Head of Government and there is a bicameral parliamentary system that makes up legislative government. Multiple parties are allowed.

Executive Government

Palace of Narino, home and workplace of Colombia’s President. Photo by Juanjo70000 from Wikimedia. License.

So, as said, the President is the Head of State whereby, they represent the country abroad in diplomatic and foreign affairs and then the President is also Head of Government in which the position has powers to manage and oversee the functioning of government. The President has a number of powers at his disposal to fulfil these roles.

Most of the President’s powers require a counter-signature by the Minister or director of administrative departments concerned for it to have any effect, excluding the powers to appoint and dismiss ministers or directors of administrative departments and a few other powers as mentioned in the constitution.

With the approval of Ministers and from the Senate (upper house of parliament) the President may call a referendum on matters of great national importance.

The President opens and initiates sessions of Congress and dissolves them ready for elections. Special or extraordinary sessions of congress can be held at the convocation of government and where the government will submit issues to be discussed. The President can declare urgency on a legislative bill to make it priority agenda and have it decided on and passed more quickly.

As said, the President appoints and dismisses Ministers such as Cabinet members and also directors of administrative departments. Also appoints the presidents, directors or managers of national public institutions. Assigns work to ministries, administrative departments and public institutions.

The President directs international relations; appoints members of the diplomatic and consular corps and will receive the corresponding foreign officials. The President will make international treaties or agreements with other states and international bodies and will submit them to Congress for approval.

The President is the supreme commander of the country’s armed forces, directing it. Conserves public order throughout the territory and restore order where it has been disturbed. Directs military operations when the President deems it appropriate; confers ranks which are then submitted for approval to the Senate. Provides for the external security of the country; defends independence; declares war with consent from the Senate or without to repel foreign aggression. Agrees to and ratifies peace treaties of which an account of is given to Congress.

If the Senate is in recess the President will authorize the transit of foreign troops across the land, with prior opinion from the Council of State.

The president approves and promulgates statutes and oversees their strict execution. Presents reports to Congress with updates on measures, actions and progress of the government at the beginning of each legislative term.

The President can declare a state of internal disturbance to be granted exceptional powers at the agreement of all ministers and lasts no longer than 90 days, which can be extended for two similar periods with the second extension requiring Senate consent.

The Government’s role is to help draft statutes, present bills through ministers; presentation of the national development and public investment plan; sending the budget bill of revenues and expenditures to the House of Representatives and provide houses with requested information.

The Government can grant pardons, reprieves or amnesties for political crimes and must inform Congress on this.

The Magistrates of the Supreme Court of Justice and of the Council of State are elected by their respective bodies, with prior public call, from a list of ten eligible people sent by the Judicial Government Council after a public call was made according to the law and by the Administration of the Judicial Branch.

Judges of the Constitutional Court are elected by the Senate, chosen from lists presented by the President of the Nation, the Supreme Court of Justice and the Council of State.

A judge of the Supreme Court of Justice, the Constitutional Court or of the Council of State must be a Colombian citizen by birth and who is of good standing, be a lawyer, not to have been charged by a court sentence to imprisonment, except for political or similar crimes and having worked, during 15-years, in positions within the Judicial Branch or Public Ministry or having exercised during the same period the profession of attorney or an academic position in a university in judicial disciplines in officially known institutions.

The elected judges serve for a period of 8-years and cannot serve subsequent terms.

The country’s Attorney General is elected to a 4-year term by the Supreme Court of Justice from a list presented by the President of the Nation, a person who is elected to the position cannot serve subsequent terms.

The Judicial Government Council is made up of nine-members that include the Presidents of the Constitutional Court, Supreme Court of Justice and the Council of State; the manager of the Judicial Branch, who must be a professional with 20-years of experience, 10-years of which must be in the administration of companies and public institutions, and must be nominated by the Judicial Government Council to a period of 4-years; a representative of the employees of the Judicial Branch elected by them for a period of 4-years and three permanent members in exclusive dedication, named by the rest of the members of the Judicial Council, for a period of 4-years. None of the members can be reelected for subsequent terms.

Legislative Government

Meeting place of Colombia’s Congress. Photo by Martinduquea from Wikimedia. License.

The legislative government is made up of a bicameral parliament that is the House of Representatives of Colombia which is the lower chamber and the Senate which is the upper chamber. Its main function is to introduce, debate on, amend, repeal and pass legislation and resolutions which will in-turn be passed to the President and promulgated. Both houses must pass legislation and resolutions introduced in either house and the government must also approve for it to be able to be promulgated into law. As well as this though the chambers also have a number of other powers and jobs.  

Legislative bills on taxes must originate in the House of Representatives and legislative bills on international relations must originate in the Senate. Bills can be introduced by the Government or members of a house.  

Legislative bills or those involving constitutional amendments can be introduced by a number of citizens equal or greater than five percent of the existing electoral rolls or by at least thirty percent of the councils or deputies of the country. Proposing citizens can also have a spokesperson heard by the Houses at all stages of proceedings.  

Citizens making up at least one-tenth of the electoral rolls can also request the holding of a referendum to repeal a law. This cannot be done on laws approving international treaties, the budget or other money bills. The referendum to repeal requires an absolute majority plus one of voters to approve.  

The Constitutional Court, Judicial Governing Council, Supreme Court of Justice, Council of State, National Election Commission and Controller General of the Republic can also introduce bills in subject areas related to their functions.  

Other functions of Congress include electing their executive and permanent committees; elect a General Secretary for a two-year term; request information from the government that either chamber may need; summon and require ministers, permanent secretaries and heads of administrative departments to attend sessions, failure for the respective summoned person to turn up can lead to a motion of censure against them which if successful will lead to them being removed from their position.   

Motions of censures against government officials can be tabled in either chamber and must be tabled by at least one-tenth of members and an absolute majority plus one of members is required for the motion to be approved.  

The congress also confirms by absolute majority the request of extraordinary or exceptional powers for the president during times of emergency. Congress can amend emergency decrees enacted by government at any time. Approves or rejects treaties made by the government with other states. Two-third majority of members can grant amnesties or general commutations for political crimes.  

Permanent Committees can summon any individual or legal entity to provide at a special session, oral or written statements in matters related to investigations pursued by the committee. Failure to turn up to summons can result in sanctioning punishments of the individual or legal entity.  

Congress meets in joint-sessions of both chambers to install the President; receive heads of state or government of other countries; to elect the Controller-General of the Republic and the Vice President, should the people find it necessary to replace the elected official. A joint-session can also decide on a motion of censure. Under a joint session the President of the House of Representative of Colombia will be Vice-President of Congress and the President of the Senate will be President of Congress.   

There are a number of things that the parliament is prevented from doing which includes intervention by means of resolutions or laws in matters that fall under the exclusive jurisdiction of other authorities; demand of information of instructions in diplomatic matters or negotiations from the government which is of a classified nature; to take votes of approval of official acts; decreeing monetary benefits on behalf of individuals and entities that are not made to satisfy credits or recognized claims in accordance with the law; decree proscriptive or persecutory measures against individuals or legal entities or authorize trips abroad using public funds unless it is in the execution of a special mission that is approved by at least three-quarters of members.  

Legislative bills and resolutions passed by congress will go on to the government for promulgation, the government can choose to object to promulgation of a bill, if this happens then the bill will return to the House it originated in. The government has 6-20 days (depending on the number of articles in the bill) to return it with the list of objections to be considered, if the government fails to meet the deadline then the President must promulgate the bill. If the bill is approved with an absolute majority of both Houses (or if it has been confirmed to be constitutional by the Constitutional Court if that was the problem) then the bill must be promulgated by the President. If the President fails to approve a bill then the President of Congress shall approve and promulgate it instead.  

The House of Representatives of Colombia, the lower chamber of congress, currently has 172 members including seats reserved for indigenous groups, one reserved abroad, one for the runner-up Vice-Presidential candidate and five for the FARC political party as part of a peace process with those five seats set to be abolished in 2026. The number of seats can change based on population changes through census of departments and the capital district.  

The House of Representatives has a number of special powers that include electing an Ombudsman; examination and finalization of general budgetary and treasury account presented by the Controller General; accusing the President or other figures before the Senate and taking cognizance of complaints presented by the Attorney General or by other individuals against specific officials and if valid to bring charges on that basis before the Senate. 

The Senate, the upper chamber of congress, has a set 103 seats, 100 for the general populace, 2 seats reserved for the indigenous communities and a seat reserved for the runner-up presidential candidate, you may also notice currently that there are 108 members, this is due to a peace deal with the FARC group allowing their political party to have 5-seats for the 2018 and 2022 elections of which after this the seats will be abolished.   

The Senate has a number of special powers that include approving or rejecting the resignation of the President or Vice-President; approving or disapproving military promotions granted by the government; grant permission for the President to take leave from office outside of sickness and decide on the qualifications of the Vice-President to serve as President; give consent to foreign troops to move across the country’s territory; authorize declaration of war; elect judges of the constitutional court and to elect the General Prosecutor of the Nation.  

The Senate also holds a trial on charges against figures such as the President or of judges for possible suspension and/or removal and/or temporary or absolute suspension of political rights. The Supreme Court of Justice can decide on further penalties that cannot be imposed by the Senate.  

Each Department of the country also has its own directly elected 4-year-terms Governor and legislative assembly for control of local affairs within its jurisdiction as laid out in the country’s constitution. The President does have limited powers to remove a Governor in exceptional circumstances.

Electoral System

Departments of Colombia. Image in Public Domain.

Presidential elections happen every 4-years and are elected using a two-round system where a candidate requires an absolute majority to win outright in the 1st round, otherwise a 2nd round will be held between the top two performing candidates which is won by simple majority.

Candidates for President must be a citizen of Colombia from birth, be of good standing and be at least 30-years or older.

Parliamentary elections happen every 4-years.

The House of Representatives of Colombia has 161 of its members elected from multi-seat constituencies, each department and the capital district is a constituency and number of elected members is determined by a populace formula, a constituency can have a minimum of two elected members, there are four single-seat special constituencies to elect four reserved seats for indigenous groups and a single-seat international constituency to elect one member to represent Colombians abroad, a seat is also reserved for the runner-up Vice-Presidential candidate of the Presidential election and finally five reserved seats for the FARC political party as part of a peace process which are set to be abolished in 2026, this currently gives the House of Representatives 172-members.

Election for the House of Representatives uses a proportional representation system where seats are guaranteed for parties by reaching a certain threshold of the vote in each constituency, with the required quota based on population in each constituency and afterwards a formula will distribute seats.

Candidates for the House of Representatives need to be a citizen of Colombia who is in good standing and at least 25-years or older.

The Senate has 100 of its members elected in a nationwide constituency using a proportional representation system meaning parties that obtain a vote share of at least 3% are guaranteed a seat in the Senate. 2-seats are reserved for indigenous community members, elected in a special nationwide constituency and a single seat is reserved for the runner-up in the presidential election. Currently there are also another 5-reserved seats making in total 108 seats, these 5-seats are for the FARC groups political party as part of a peace process, these 5 extra seats are set to be abolished in 2026.

Candidates for the Senate must be natural-born citizens of Colombia who are of good standing and who are at least 30-years or older.

Indigenous community members must have held a position of traditional authority in their respective community or to have been leaders of an indigenous organization.

A person is ineligible to be a candidate of or elected to any popularly elected office if they have been sentenced at any time of committing crimes involving the State treasure or who have been sentenced for crimes relating to membership in or promotion or funding of illegal armed groups, crimes against humanity or drug-trafficking in Colombia or abroad.

To vote one must be a citizen of Colombia who is at least 18-years or older. Voting is not mandatory.

Sources

My sources come from the country’s 1991 constitution with amendments through to 2015 (on constituteproject.org) but it must be strictly noted that the constitution has been also further amended in 2016, 2017 and 2018 but it is unclear if these amendments have yet been implemented and so cross-research is strictly suggested if using this in a serious capacity, as well as that there is always the chance I misinterpreted some parts as well.

Cross-checked some information on the CIA World Factbook and Wikipedia strictly parts with source references.

Population information from CIA World Factbook.

Constitutional amendments can be proposed by the Government, Congress, a constituent assembly or by public petition. Passage of amendments require an absolute majority vote by Congress each in two consecutive sessions, certain passages will also require approval in a national referendum by absolute majority of over one-fourth of citizens registered to vote.


Next up will be the government system of Comoros.

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