Juan Manuel Santos (Photo: President's Office)
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Colombia’s Congress set to debate ‘Balance of Powers’ reform

by Samuel Moldovan

A reform seeking to rewind a controversial 2005 law that allows Colombian presidents a second term is set be sent to Congress for ratification this week.

Features of the reform

  1. Eliminate the nomination of positions to the high courts of the country
  2. End all reelection possibilities (President, Inspector General and other positions)
  3. Change the length of a singular presidential term to five years from four
  4. Ejecting congressman from their positions for the rest of their terms for intentional crimes and administrative corruption, leaving their seats vacant for the remainder of their terms if convicted for guerrilla or paramilitary crimes
  5. The elimination of the preference vote (parties will present closed lists)
  6. The Senate will be 90% national and 10% regional – in other words, the 10 departments of the country will be represented
  7. The creation of a Tribunal for the investigation and judgment of state officials like the President, prosecutor, fiscal general and others
  8. Must have accrued 20 years of experience in order to be a magistrate
  9. Eliminate the Superior Council of the Judiciary and replace it with an Administration Council
  10. The election of the Controller will take place in Congress, without being presented in the courts
  11. The Auditor General of the Republic will be abolished
  12. Congressman will be able to act as ministers and ambassadors; as well as being candidates for mayors

The reform, which principally seeks to end presidential and other executive reelections, expand the presidential term from four to five years, and allows current congressman to act as ministers, ambassadors and run for mayoral elections, will be debated in Congress and ultimately decided on this week.

MORE: Colombia govt drafting bill to impose presidential term limit

The bill was proposed by the coalition Liberal Party after the idea had been introduced by President Juan Manuel Santos, who was reelected in June.

Though the interior minister, Juan Fernando Cristo, will be pushing the reform forward, its passage is by no means guaranteed.

Senator Armando Benedetti of the coalition U Party has been outspoken in his opposition to expanding presidential terms, saying that if “we do away with reelections, there should not be a consolation prize,” he was quoted as saying by television network RCN.

There are even a growing number of voices against the bill inside the government, as its passage would imply a modification of term limits for a range of state officials, as well as major difficulties in changing the structure of existing legal frameworks in order to make the reform legal.

The reelection of presidential terms did not exist until 2005 when Congress amended the constitution to allow former President Alvaro Uribe to be reelected the year after.

The amendment has been marred by controversy, especially after two Congressmen were sentenced to prison for accepting bribes to deliver the key votes necessary for congressional approval.

The alleged bribers, former ministers Diego Palacios and Sabas Pretelt, were never formally indicted.

Critics of the constitutional amendment have long claimed the reelection terms have pushed power between the judicial, executive and legislative branch out of balance.

Sources