Colombia’s increasingly authoritarian President Ivan Duque is set to suspend electoral guarantees in his regime’s latest and most blatant attack on democracy.
Duque’s expressed intention to suspend the “Guarantees Law” makes fair elections unlikely as the initiative throws the door wide open for fraud.
The suspension is “grossly unconstitutional,” according to legal experts and electoral observers, and suspends the law that seeks to prevent the use of public funds in election campaigns.
Colombia suspends anti-fraud law ahead of 2022 elections
One vote away from almost absolute power
The only thing that stands between Duque and almost absolute power is the Constitutional Court where the regime is one seat short of a majority, for now.
The Constitutional Court tests the legality of all legislation and is the only body that could still reverse the suspension of the Guarantees Law.
The Council of State is set to present the Senate with a shortlist of candidates to replace outgoing Constitutional Court magistrate Alberto Rojas, however.
If the Senate elects a government-loyal magistrate, the majority of Constitutional Court will have been elected by the same lawmakers who voted in favor of Duque’s proposal to suspend electoral guarantees.
Although at first glance it seems reasonable and democratic for the Council of State to present a diverse shortlist of three candidates in order to give the Senate a greater capacity to take a decision, this is a mistake because the Senate — whose majorities are close to the Government — will choose whoever is closest ideologically, thus reinforcing the presidential influence on the Constitutional Court.
Constitutional law expert Rodrigo Uprimmy
How democracy came under threat
Even if the court deems the suspension of the Guarantees Law unconstitutional, it is unlikely to do so in time to prevent corruption in next year’s elections.
In the meantime, the fairness of the elections is in the hands of controversial government allies who have shown little interest in democracy or the rule of law.
Prosecutor General Francisco Barbosa has gone out of his way to obstruct investigations against government allies while pursuing dubious investigations against government opponents.
Inspector General Margarita Cabello has opened controversial investigations against opposition politicians who could be ejected from office in violation of international law.
Last but not least, Duque doubled the budget of National Registrar Alexander Vega, who has been giving away large sums of money to regional allies who are investigated for corruption by the Supreme Court.
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How was Duque able to get away with this?
Colombia’s far-right government was able to concentrate this much power through corruption and sheer luck.
The government of Duque’s political patron, former President Alvaro Uribe, bribed Congress in 2005 in order to amend the 1991 constitution to allow a second presidential term.
The constitutional amendment allowed the “Uribistas” and their mafia allies to seek control over the judicial branch.
The attempt failed and many dozens of congressmen and magistrates were jailed on corruption and other criminal charges.
Former President Juan Manuel Santos convinced Congress to revoke the amendment after his own reelection in 2014.
Santos failed to reestablish the balance of powers, however, as the criminal investigations triggered the premature resignations of top officials in all branches of government.
These premature resignations and fraud in the 2018 elections allowed the Uribistas to resume control of the executive and legislative branches, and appoint allies in the judicial branch.
