Political Constitution of Colombia

Country/entity
Colombia
Region
Americas
Agreement name
Political Constitution of Colombia
Date
01/07/1991
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (Colombian Conflict (1964 - )
The Colombian conflict is really a set of conflicts and the peace agreements reflect both different processes relating to different conflict groups and dyads, and processes taking place at different times in a complex peace process history. The Colombian civil war has its roots in the late 1940s and the violent infighting between liberal and the conservative factions. Emerging from the liberal tradition with a thorough grounding in nationalist communist ideology, the Revolutionary Armed Forces of Colombia—People's Army (FARC) began its armed insurrection against the Colombian government in 1964. Other left-wing guerrillas emerged as well, most notably the socialist/populist M-19, which would later be integrated into the formal political system in the peace process of 1990s; the National Liberation Army (ELN), which has strong roots in liberation theology, and the Maoist Ejército Popular de Liberación (EPL) (also part of the 1990 process, less successfully). Several stages of peace processes were undertaken by the various sides, which were further complicated by the emergence of right-wing paramilitary ‘self-defence’ forces. The peace agreement between the Colombian government under President Uribe and the main alliance of the paramilitary groups, the United Self-Defence Forces of Colombia (AUC), concluded in 2005 and is still heavily disputed as several remnants are still active, but now subsumed under the heading ‘Bacrim’ (Bandas criminales). In addition, FARC and ELN maintain a military presence, but both demonstrate a strong interest in completing successful peace negotiations with the government, with the most recent agreements being between FARC and the Government.

Colombian Conflict (1964 - ) )
Stage
Framework/substantive - comprehensive (Constitution)
Conflict nature
Government
Peace process
97: Colombia I - Gaviria
Parties
National Constituent Assembly (Political Parties, Guerrilla Groups, Civil Society, Indigenous peoples)
Third parties
Description
New Constitution emerging from National Constituent Assembly, which involved political parties, civil society, indigenous peoples, and political reps of guerilla groups.

Agreement document
CO_1991_PoliticalConstitution.pdf []

Groups

Children/youth
Substantive
Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 42
...
The children born of matrimony or outside it, adopted or conceived naturally or with scientific assistance, have equal rights and duties. An Act shall regulate responsibility to the offspring.
...

Page 8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 44
The following are basic rights of children: life, physical integrity, health and social security, a balanced diet, their name and citizenship, to have a family and not be separated from it, care and love, instruction and culture, recreation, and the free expression of their opinions. They shall be protected against all forms of abandonment, physical or moral violence, sequestration, sale, sexual abuse, work or economic exploitation, and dangerous work. They shall also enjoy other rights upheld in the Constitution, the laws, and international treaties ratified by Colombia.
The family, society, and the State have the obligation to assist and protect children in order to guarantee their harmonious and integral development and the full exercise of their rights. Any individual may request from the competent authority the enforcement of these rights and the sanctioning of those who violate them.
The rights of children take precedence over the rights of others.

Page 8-9,CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 45
The adolescent is entitled to protection and integral development.
The State and society guarantee the active participation of adolescents in public and private organs that are responsible for the protection, education, and progress of the youth.

Page 12, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 50
Any child under a year old who may not be covered by any type of protection or Social Security shall be entitled to receive free care in all health entities that receive state subsidies. An Act shall regulate the matter.

Page 15, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 67
...
Education shall train the Colombian when it comes to respect for human rights, peace, and democracy, and in the practice of work and recreation for cultural, scientific, and technological improvement and for the protection of the environment. The state, society,and the family are responsible for education, which shall be mandatory between the ages of five and fifteen years and which shall minimally include one year of preschool instruction and nine years of basic instruction.
...

Page 127, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER VIII TRANSITIONAL ARTICLE 66
...
In any case, the above mentioned special criminal constitutional instruments application shall be subject to conditions such as the abandonment of weapons, recognition of responsibility, contribution to discovering the truth and reparation for victims, the release of hostages, and the decoupling of minors who are illegally recruited and held by illegal armed groups.
Disabled persons
Rhetorical
Page 15-16, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 68
...
The eradication of illiteracy and the education of individuals with physical or mental limitations or with exceptional capabilities are special obligations of the State.
Substantive
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 13
...
The State shall especially protect those individuals who on account of their economic, physical, or mental condition are in obviously vulnerable circumstances and shall sanction the abuses or ill-treatment perpetrated against them.

Page 9, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 47
The State shall promote a policy of planning, rehabilitation, and social integration for those who are physically, emotionally, or psychologically handicapped and who shall receive the specialized attention that they need.

Page 13, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 54
It is the obligation of the State and employers to offer training and professional and technical skills to whoever needs them. The state must promote the employment of individuals of working age and guarantee to the handicapped the right to employment appropriate to their physical condition.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 2, TITLE 1. ON FUNDAMENTAL PRINCIPLES, ARTICLE 7
The State recognizes and protects the ethnic and cultural diversity of the Colombian Nation.
Anti-discrimination
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 13
All individuals are born free and equal before the law, shall receive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy.
Substantive
Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 63
Property in public use, natural parks, communal lands of ethnic groups, security zones, the archaeological resources of the nation, and other property determined by statute are inalienable, imprescriptible, and not subject to seizure.

Page 16, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 68
...
The members of ethnic groups shall have the right to education that respects and develops their cultural identity.
...

Page 46, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER V. ON THE HOUSE OF REPRESENTATIVES ARTICLE 176
...
Special territorial constituencies shall ensure the participation to ethnic groups and to Colombians residing abroad in the House of Representatives. Through such constituencies, five (5) representatives shall be elected, as follows: two (2) by the constituency of Afro-descendant communities, one (1) by the constituency of indigenous communities, and two (2) by the international constituency. In the latter constituency only the votes, which have been cast outside the national territory by citizens residing abroad, shall be counted.
Religious groups
Anti-discrimination
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 13
All individuals are born free and equal before the law, shall receive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy.
Substantive
Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 19
Freedom of religion is guaranteed. Every individual has the right to freely profess his/her religion and to disseminate it individually or collectively. All religious faiths and churches are equally free before the law.

Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 42
...
Religious marriages shall have civil effects within the limits established by statute. The civil effects of all marriages may be terminated by divorce in accordance with civil law. Also having civil effects are decrees of annulment of religious marriages issued by the authorities of the respective faiths within the limits established by statute.
Indigenous people
Substantive
Page 21, TITLE III. ON THE POPULATION AND THE TERRITORY CHAPTER I. ON NATIONALITY, ARTICLE 96
The following are Colombian nationals:
...
2.By adoption:
...
c. Members of the indigenous peoples straddling border areas, in application of the principle of reciprocity according to public international treaties.

Page 44-45, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER IV. ON THE SENATE, ARTICLE 171
The Senate of the Republic shall be composed of one hundred members elected in one nationwide constituency. There shall be an additional two senators elected in a special national constituency for indigenous communities. Colombian citizens who happen to be or reside abroad may vote in elections for the Senate of the Republic. The system of electoral quotient shall apply to the special constituency for the election of senators by indigenous communities. The representatives of the indigenous communities who aspire to become members of the Senate of the Republic must have exercised a position of traditional authority in their respective community or have been leaders of an indigenous organization, which qualification shall be verified by a certificate from the respective organization, endorsed by the Minister of the Government.

Page 46, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER V. ON THE HOUSE OF REPRESENTATIVES ARTICLE 176
...
Special territorial constituencies shall ensure the participation to ethnic groups and to Colombians residing abroad in the House of Representatives. Through such constituencies, five (5) representatives shall be elected, as follows: two (2) by the constituency of Afro-descendant communities, one (1) by the constituency of indigenous communities, and two (2) by the international constituency. In the latter constituency only the votes, which have been cast outside the national territory by citizens residing abroad, shall be counted.

Page 67, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER V. ON SPECIAL JURISDICTIONS
ARTICLE 246
The authorities of the indigenous [Indian] peoples may exercise their jurisdictional functions within their territorial jurisdiction in accordance with their own laws and procedures as long as these are not contrary to the Constitution and the laws of the Republic. An Act shall establish the forms of coordination of this special jurisdiction with the national judicial system.

Page 81, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER I. GENERAL PROVISIONS
ARTICLE 285
Outside of the general division of the territory, there shall be divisions determined by statute for the exercise of the functions and services for which the State is responsible.

Page 81, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER I. GENERAL PROVISION
ARTICLE 286
Departments, districts, municipalities, and indigenous reservations are territorial entities. An Act may grant the status of territorial entities to the regions and provinces that are formed under the terms of the Constitution and the relevant statute.

Page 94, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME
ARTICLE 329
The configuration of the indigenous [Indian] territorial entities shall be drawn subject to the provisions of the Institutional Act of Territorial Planning, and their delimitation shall be effected by the national government with the participation of the representatives of the indigenous communities following the plan of the Commission of Territorial Planning. The safeguards that apply relate to collective property which may not be sold. An Act shall define the relations and coordination of these entities with those of which they form a part.
PARAGRAPH
In the case of an indigenous [Indian] territory that may include the territory of two or more departments, its administration shall be implemented by indigenous councils in coordination with the governors of the respective departments. In case that such territory should decide to constitute itself as a territorial entity, this shall be done in compliance with the requirements established by the first clause of this article.

Page 94-95, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME
ARTICLE 330
In accordance with the Constitution and the statutes, the indigenous territories shall be governed by the councils formed and regulated according to the uses and customs of their communities and shall exercise the following functions:
1. Oversee the application of the legal regulations concerning the uses of the land and settlement of their territories.
2. Design the policies, plans and programs of economic and social development within their territory, in accordance with the National Development Plan.
3. Promote public investments in their territories and oversee their appropriate implementation.
4. Collect and distribute their funds.
5. Oversee the conservation of natural resources.
6. Coordinate the programs and projects promoted by the different communities in their territory.
7. Cooperate with the maintenance of the public order within their territory in accordance with the instructions and provisions of the national government.
8. Represent the territories before the national government and the other entities in which they are integrated; and
9. Other matters stipulated by the Constitution and statute.

Page 95, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME
PARAGRAPH
The exploitation of the natural resources in the indigenous territories shall be done without impairing the cultural, social, and economic integrity of the indigenous communities. In the decisions adopted with respect to said exploitation, the government shall encourage the participation of the representatives of the respective communities.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
...For these purposes, the indigenous territorial entities, shall be beneficiaries, once they are constituted. Likewise, the Act shall designate the indigenous reservations as beneficiaries, provided that they have not constituted themselves as indigenous territorial entities...
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 5, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 36

The right of asylum is recognized within the limits provided by statute.
Social class
Other
Page 102, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
...The resources of the General System of Shares of the departments, districts and municipalities shall be earmarked for the financing of the services for which they are responsible, according priority to the health service, the services of pre-school, primary, secondary and intermediate education, and public services concerning drinking water and basic sanitation in the home, ensuring the provision of the services and the extension of coverage with an emphasis on the poor...

Page 102-103, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
...a. In the sectors of education, health, drinking water and basic sanitation: the population that has been taken care of and the population that shall be taken care of, the distribution of the urban and rural population, administrative and fiscal efficiency, and equity. In the distribution per territorial unit of each of the constituent entities of the General System of Shares, priority shall be given to factors which favor the poor, in the terms established by statute;

Gender

Women, girls and gender
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 13

All individuals are born free and equal before the law, shall receive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy.

The State shall promote the conditions so that equality may be real and effective and shall adopt measures in favor of groups that are discriminated against or marginalized.

The State shall especially protect those individuals who on account of their economic, physical, or mental condition are in obviously vulnerable circumstances and shall sanction the abuses or ill-treatment perpetrated against them.

. . .

Page 7, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 40

Any citizen has the right to participate in the establishment, exercise, and control of political power. To make this decree effective the citizen may:

...

7. Agree to undertake public functions and responsibilities, except for those Colombian citizens, native-born or naturalized, who hold dual citizenship. An Act shall spell out this exception and shall determine the cases where they apply.

The authorities shall guarantee the adequate and effective participation of women in the decision-making ranks of the public administration.

Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,

ARTICLE 42
The family is the basic nucleus of society. It is formed on the basis of natural or legal ties, through the free decision of a man and woman to contract matrimony or through the responsible resolve to comply with it.

ARTICLE 43
Women and men have equal rights and opportunities. Women cannot be subjected to any type of discrimination. During their periods of pregnancy and following delivery, women shall benefit from the special assistance and protection of the State and shall receive from the latter food subsidies if they should thereafter find themselves unemployed or abandoned.

The State shall support the female head of household in a special way.

Page 8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 44

The following are basic rights of children: life, physical integrity, health and social security, a balanced diet, their name and citizenship, to have a family and not be separated from it, care and love, instruction and culture, recreation, and the free expression of their opinions. They shall be protected against all forms of abandonment, physical or moral violence, sequestration, sale, sexual abuse, work or economic exploitation, and dangerous work. They shall also enjoy other rights upheld in the Constitution, the laws, and international treaties ratified by Colombia.

...

Page 9-10, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 48

...

The provisions on infirmity and widower’s pensions notwithstanding, it is necessary to comply with the requirements concerning age, time of service, length of contribution payments or required capital and other conditions defined by an Act in order to obtain the right to a pension. The requirements for and the benefits resulting from obtaining the right to an infirmity or widower’s pension shall be established by the Acts of the General Pensions System.


Page, 13, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 53

The Congress shall issue a labor statute. The appropriate law shall take into account at least the following minimal fundamental principles:

Equality of opportunity for workers; minimum essential and flexible remuneration proportional to the amount and quality of work; stability in employment; irrevocability of minimum benefits established in labor regulations; options to negotiate about and reconcile uncertain and arguable rights; a situation more favorable to the worker in case of doubt in the application and interpretation of the formal bases of the law; the primacy of facts over established formalities in issues of labor relations; guarantees to social security, training, instruction, and necessary rest; special protection of women, mothers, and minor-age workers.

...


Page 21, TITLE III. ON THE POPULATION AND THE TERRITORY CHAPTER I. ON NATIONALITY, ARTICLE 96

The following are Colombian nationals:

1. By birth:
a. Colombian natives, upon one of two conditions: that the father or the mother have been Colombian natives or nationals or that, being children of aliens, either parent was domiciled in the Republic at the time of birth; and,

b. The children of a Colombian father or mother born abroad who have later established their domicile in the Colombian territory or registered in a consular office of the Republic.

Page 24-25, CHAPTER II. ON POLITICAL PARTIES AND POLITICAL MOVEMENTS, ARTICLE 107

...

The political parties and movements shall organize themselves democratically and shall have as their guiding principles transparency, objectivity, morality, the equality of sexes, and the duty to present and disseminate their political programs.

Page 32-33, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER I. ON ITS COMPOSITION AND FUNCTIONS, ARTICLE 134:

There shall be no temporary absence, with the exception of women who stay away from due to maternity leave. The resignation of a member of a popularly elected body once he or she has been formally involved in criminal proceedings for crimes committed in Colombia or abroad in relation to membership in, promotion or funding of illegal armed groups, drug-trafficking, or crimes against the system of democratic participation or against humanity, shall entail the loss of his/her status as member of Congress, deputy, councillor or alderman/alderwoman and shall not result in his/her replacement by the next candidate on the list. Temporary absence does not give rise to replacement.


Page 60-61, CHAPTER VII. ON THE PUBLIC FORCE, ARTICLE 221:

...

The military or police criminal justice system shall not have jurisdiction over crimes against humanity, and crimes of genocide, forced disappearances, extrajudicial executions, sexual violence, torture, or forced displacement. Police, Martial or Military Tribunals shall have jurisdiction only over violations of international humanitarian law committed by members of the public force, except in the offenses mentioned above.

Page 93, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME, ARTICLE 322:
...
In each of the localities there shall be an administrative board, popularly elected for periods of four (4) years, which shall be composed of no fewer than seven aldermen/alderwomen, in accordance with the determination of the District Council made on the basis of the respective population.
The election of the senior mayor, the district councilors, and the aldermen/alderwomen shall be held on the
same day for periods of four(4) years; the mayor may not be reelected for the following term.
...
The councilors and aldermen/alderwomen may not form part of the executive boards of the decentralized entities.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 13

All individuals are born free and equal before the law, shall receive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy.

...

Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 42

The family is the basic nucleus of society. It is formed on the basis of natural or legal ties, through the free decision of a man and woman to contract matrimony or through the responsible resolve to comply with it.

The state and society guarantee the integral protection of the family. An Act shall determine the inalienable and unseizable family patrimony. The family’s honor, dignity, and intimacy are inviolable.

Family relations are based on the equality of rights and duties of the couple and on the reciprocal respect of all its members. Any form of violence in the family is considered destructive of its harmony and unity, and shall be sanctioned according to law.

The children born of matrimony or outside it, adopted or conceived naturally or with scientific assistance, have equal rights and duties. An Act shall regulate responsibility to the offspring.

The couple has the right to decide freely and responsibly the number of their children and shall support them and educate them while they are minors or non-self-supporting.

The forms of marriage, the age and qualifications to contract it, the duties and rights of the spouses, their separation and the dissolution of the marriage ties are determined by statute.

Religious marriages shall have civil effects within the limits established by statute. The civil effects of all marriages may be terminated by divorce in accordance with civil law.

Also having civil effects are decrees of annulment of religious marriages issued by the authorities of the respective faiths within the limits established by statute.

An Act shall determine matters relating to the civil status of individuals and consequent rights and duties.

State definition

State definition
Nature of state (general)
Page 1, TITLE I. ON FUNDAMENTAL PRINCIPLES,

ARTICLE 2

The essential goals of the State are to serve the community, promote the general prosperity, and guarantee the effectiveness of the principles, rights, and duties stipulated by the Constitution; to facilitate participation by everyone in the decisions that affect them and in the economic, political, administrative, and cultural life of the nation; to defend national independence, maintain territorial integrity, and ensure peaceful coexistence and enforcement of a just order.

Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 3

Sovereignty resides exclusively in the people from whom public power emanates. The people exercise it in direct form or through their representatives, within the limits established by the Constitution.


Page 2, TITLE 1. ON FUNDAMENTAL PRINCIPLES, ARTICLE 7

The State recognizes and protects the ethnic and cultural diversity of the Colombian Nation.

Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 10

Spanish is the official language of Colombia. The languages and dialects of ethnic groups are also official in their territories. The education provided in communities with their own linguistic traditions shall be bilingual.

-----
Sovereignty resides exclusively in the people, from whom public power is derived; power is exercised in direct form by the people or through their representatives within the limits established by the Constitution. It is a bicameral Congress, made up of the Senate and the House of Representatives; the Senate is elected by a national constituency and the House of Representatives by local constituencies; there are also special constituencies for the indigenous communities and for the ethnic minorities, from which members of the Congress are elected to both chambers of the legislature. The authorities of the indigenous peoples may exercise jurisdictional functions within their territorial areas, in accordance with their own laws and procedures, provided that these do not conflict with the Constitution and laws of the Republic.

State configuration
Page 1, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 1

Colombia is a social state under the rule of law, organized in the form of a unitary republic, decentralized, with autonomy of its territorial units, democratic, participatory, and pluralistic, based on the respect of human dignity, the work and solidarity of the individuals who belong to it, and the predominance of the general interest.
Self determination
Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 9

The external relations of the state are based on national sovereignty, on respect for the self-determination of peoples, and on the recognition of the principles of international law approved by Colombia.
State symbols
Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 10

Spanish is the official language of Colombia. The languages and dialects of ethnic groups are also official in their territories. The education provided in communities with their own linguistic traditions shall be bilingual.
Border delimitation
Page 22-23, CHAPTER IV. ON TERRITORY, ARTICLE 101

The borders of Colombia are those established in international treaties approved by Congress, duly ratified by the President of the Republic, and those defined by arbitration awards in which Colombia takes part.

The borders identified in the form provided for by this Constitution may be modified only by treaties approved by Congress and duly ratified by the President of the Republic.

Besides the continental territory, the archipelago of San Andrés, Providencia, Santa Catalina, and Malpelo are part of Colombia in addition to the islands, islets, keys, headlands, and sand banks that belong to it.

...
Cross-border provision
Page 62, CHAPTER VIII. ON INTERNATIONAL RELATIONS

ARTICLE 227
The state shall promote economic, social, and political integration with other nations and especially with the countries of Latin America and the Caribbean by means of treaties which, on the basis of fairness, equality, and reciprocity, create supranational organizations even to the point of constituting a Latin American community of nations. An Act may call for direct elections for the formation of the Andean Parliament and the Latin American Parliament.

Governance

Political institutions (new or reformed)
New political institutions (indefinite)
Colombia, as proclaimed in article 1 of the Constitution of 1991, is a lawful societal State organized in the form of a unitary republic, decentralized, with autonomy of its territorial units, democratic, participatory and pluralistic. The form of government is presidential. The Head of State is simultaneously head of the Government, the highest representative of the nation and the supreme commander of the armed forces and the police. The Constitution establishes the division of public power into the three traditional branches of the democratic liberal system - the legislative, executive and judicial branches - but with the constitutional duty to collaborate harmoniously to accomplish the purposes of the State. See Agreement for full list of structures, functions of all state branches and the rules for members of the respective institutions (see pages 23-61.)

Page 28, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE

ARTICLE 113
The branches of government are the legislative, the executive, and the judiciary.

In addition to the organs that constitute them, there are others, autonomous and independent, for the execution of other functions of the State. The various organs of the State have separate functions, but cooperate harmoniously for the realization of their goals.

ARTICLE 114
It is the responsibility of the Congress of the Republic to amend the Constitution, pass laws, and exercise political control over the government and the public administration.

The Congress of the Republic shall be composed of the Senate and the House of Representatives.

ARTICLE 115
The President of the Republic is the Chief of State, head of government, and supreme administrative authority.

The national government is composed of the President of the Republic, the Cabinet ministers, and the directors of administrative departments. The President and the minister or director of the appropriate department represent the government in any particular issue.

No act of the President, except the appointment and dismissal of ministers and directors of administrative departments and those decreed in his/her capacity as Head of State and supreme administrative authority, shall have any value or force whatsoever if it is not countersigned and communicated by the minister of the respective office or by the director of the appropriate administrative department who, by virtue thereof, become responsible for same.

The governorates and mayoralties as well as the superintendencies [superintendencias], public establishments, and industrial or commercial enterprises of the State are part of the executive branch.

Page 29-30, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE

ARTICLE 117
The Public Ministry and the Office of the Controller General of the Republic are control organs.

ARTICLE 118
The Public Ministry shall be made up of the General Prosecutor of the Nation, the Ombudsman, the assigned public prosecutors, and the agents of the Public Ministry before the legal authorities, as well as by municipal representatives and other official determined by an Act. It is the responsibility of the Public Ministry to defend and promote human rights, to protect the public interest, and to oversee the official conduct of those who perform public functions.

ARTICLE 119
The Office of the Controller General of the Republic has the duty to oversee fiscal management and to control administrative performance.

Page 29-30, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE,

ARTICLE 120
The electoral organization consists of the National Election Commission, the Office of the National Registrar of Civil Status, and of the other organs established by statute. It is responsible for the organization of elections, their direction and oversight, as well as matters relating to personal identification.

ARTICLE 121
No authority of the State may exercise functions different from those assigned to it by the Constitution and statute.

Page 33, TITLE VI. ON THE LEGISLATIVE BRANCH CHAPTER I. ON ITS COMPOSITION AND FUNCTIONS

ARTICLE 132
Senators and representatives shall be elected for a period of four years beginning on July 20 following the election.

ARTICLE 133
Members of collegiate bodies which are directly elected represent the people and shall act in a manner consonant with justice and the common good. The vote of the members shall be by name and public, except in the cases determined by statute.

The elected member is politically responsible to society and to his/her voters for the execution of the obligations resulting from his/her mandate.

...

ARTICLE 135
Each House shall have the following powers:
1. To elect its executive committees.
2. To elect its General Secretary for periods of two years starting from July 20 and who shall have the same qualifications as those required to be a member of the respective House.
3. To request from the government the information that the House may need, except for what is provided in section 2 of the Article that follows.
4. To determine the holding of sessions reserved on a priority basis to [address] the oral questions formulated by the congressmen addressed to the ministries and the answers of the latter. Regulations shall determine the subject matter.
5. To fill the positions established by statute for the execution of its functions.
6. To strive to obtain from the government the cooperation of the organs of the public administration for the best execution of its responsibilities.
7. To organize the internal maintenance of order.
8. To summon and require the ministers, permanent secretaries and heads of administrative departments to attend the sessions. The summons must be made not less than five days prior to a session and be formulated in the form of a written questionnaire. In case the ministers, permanent secretaries or heads of administrative departments do not attend, without an excuse accepted by the respective House, the latter may table a motion of censure. The ministers, permanent secretaries and heads of administrative departments must be heard at the session for which they were summoned, without prejudice to the possibility that the debate is continued at subsequent sessions following a decision of the respective House. The discussion may not extend to other issues than those in the questionnaire and shall be placed at the top of the session’s agenda.
9. To table a motion of censure with respect to ministers, permanent secretaries and heads of administrative departments for matters related to their official functions, or for ignoring the requests or summons of the Congress of the Republic. Should it come to a motion of censure, it must be tabled by at least one tenth of the members who make up the respective House. The vote shall take place between the third and 10th day following the end of the discussion, with a public hearing of the respective official. Approval of the motion shall require the affirmative vote of one half of the members plus one of the House which has tabled it. Once the motion is approved, the official shall be relieved of his/her functions. If it is voted down, no new motion of censure may be proposed on the same matter unless it is supported by new facts. The resignation of the official against which the censure motion has been tabled does not prevent the latter from being approved in accordance with the provisions of this Article. Once a decision has been taken on the censure motion by one House it bars a decision by the other House on the same matter.


Page 38-39, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER III. ON STATUTES

ARTICLE 150
It is the responsibility of Congress to enact laws. Paragraph 1-25 lists all the functions of Congress

Page 40, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER III. ON STATUTES

ARTICLE 152
By way of status Acts (leyes estatuarias) the Congress of the Republic shall regulate the following subject areas:
a. Fundamental rights and duties of individuals and the proceedings and resources for their protection;
b. Administration of justice;
c. Organization and regulations of parties and political movements; the formal statute of the opposition and electoral functions;
d. Institutions and machinery of citizen participation;
e. States of exception.
f. The equal electoral treatment of candidates for the Presidency of the Republic who comply with the requirements established by statute.
g. The subject areas expressly established in Articles 116 and 221 of the Constitution, pursuant to the provisions of this legislative act.

Page 41, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER III. ON STATUTES

ARTICLE 153
The approval, amendment or repeal of status Acts shall require an absolute majority of the votes of the members of Congress and shall be completed within a single legislative term. Said procedure shall include the prior review by the Constitutional Court to make the proposal attainable. Any citizen may intervene to defend it or to oppose it.

Page 45, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER IV. ON THE SENATE,

ARTICLE 173
The following are the powers of the Senate:
1. To approve or reject the resignation from office by the President of the Republic or the Vice President.
2. To approve or disapprove military promotions granted by the government from general officers and flag officers of the public force up to the highest rank.
3. To grant permission to the President of the Republic to take temporary leave from his/her office outside of sickness and to decide about the qualifications of the Vice President to serve as President of the Republic.
4. To allow the transiting of foreign troops across the territory of the Republic.
5. To authorize the government to declare war on another state.
6. To elect the judges of the Constitutional Court.
7. To elect the General Prosecutor of the Nation.

ARTICLE 174
It is the responsibility of the Senate to take cognizance of the charges brought by the House of Representatives against the President of the Republic or whoever replaces him/her; against the judges of the Supreme Court of Justice, of the Council of State and the Constitutional Court; against the members of the Supreme Council of the Judiciary, and against the Attorney General of the Nation, even though they may have ceased to exercise their functions. In this case, the Senate shall determine the validity of the charges concerning actions or omissions that have occurred in the discharge of their duties.

Page 47, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER V. ON THE HOUSE OF REPRESENTATIVES, ARTICLE 178

The House of Representatives shall have the following special powers:
1. To elect the Ombudsman.
2. To examine and finalize the general budgetary and treasury account presented to it by the Controller General of the Republic.
3. To charge before the Senate, when constitutional reasons may exist, the President of the Republic or whoever replaces him/her, the judges of the Constitutional Court, the judges of the Supreme Court, the members of the Council of State and the Attorney General of the Nation.
4. To take cognizance of denunciations and complaints presented before it by the Attorney General of the Nation or by individuals against specific officials and, if valid, to bring charges on that basis before the Senate.
5. To request the assistance of other authorities for the conduct of investigations for which the House is competent, and to commission the collection of evidence when the House considers it appropriate.

Page 50-52, TITLE VII. ON THE EXECUTIVE BRANCH, CHAPTER I. ON THE PRESIDENT OF THE REPUBLIC

ARTICLE 188
The President of the Republic symbolizes the national unity and, on taking the oath of office to abide by the Constitution and the laws, he/she pledges to guarantee the rights and freedoms of all Colombians.

ARTICLE 189
Paragraph 1-28 responsibility of the President of the Republic, as the chief of state, head of the government, and supreme administrative authority.

ARTICLE 190-199: lists the rules for qualified candidate for the Presidency, process of election. The term of the President is four years, and no one may be elected to occupy the post of President of the Republic for more than two terms of office.

Page 54, CHAPTER II. ON THE GOVERNMENT,

ARTICLE 200
In its relations with Congress, the Government has the following duties:
1. Help draft the statutes, present bills through ministers, exercise the right of objecting to them, and approve them in accordance with the Constitution.
2. Convoke Congress to special sessions.
3. Present the national development and public investment plan, in accordance with the provisions in Article 150.
4. Send to the House of Representatives the budget bill of revenues and expenditures.
5. Provide the Houses reports that they solicited on issues that do not call for secrecy.
6. Lend effective support the Houses when the latter request it, placing at their disposal the public force if necessary.

Page 54, CHAPTER II. ON THE GOVERNMENT,
ARTICLE 201
It is the duty of the government to do the following in relation with the judiciary branch:
1. Lend to the judicial officials the necessary assistance to make their decisions effective, in accordance with the applicable statutes.
2. Grant pardons, reprieves, or amnesties for political crimes, in accordance with an Act, and inform Congress about the exercise of this power. In no case may these exonerations involve the responsibility which the grantees of the exonerations may have vis-à-vis private individuals.

Page 54-55, CHAPTER II. ON THE GOVERNMENT, CHAPTER III. ON THE VICE PRESIDENT, ARTICLE 202-208

Sets out the role and duty of the Vice President, who shall be elected by popular vote on the same day and in the same manner as the President of the Republic.

Page 64-65, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER III. ON CONTENTIOUS ADMINISTRATIVE JURISDICTION
ARTICLE 237, The powers of the Council of State are as follows:
1. To exercise the functions of supreme contentious administrative court in accordance with the rules stipulated by an Act.
2. To take cognizance of invalid decrees issued by the national government and held unconstitutional by the Constitutional Court.
3. To act as the supreme consultative body of the government in matters of administration, whose opinion must mandatorily be heard in all cases determined by the Constitution and the statutes. In cases of the transit of foreign troops across Colombia’s national territory, the stationing or transit of foreign warships or aircraft in the waters or territory or airspace of the nation, the government must first seek the opinion of the Council of State.
4. To prepare and present proposals amending the Constitution and other bills.
5. To take cognizance of cases regarding the loss of the investiture of congressmen in accordance with the Constitution and statute.
6. To draft its own rules of procedure and exercise other functions determined by an Act.
7. To rule on petitions for the annulment of elections subject to the rules of competence established by statute.


Page 79-81, TITLE X. ON THE CONTROL ORGANISMS, CHAPTER II. ON THE PUBLIC MINISTRY, ARTICLE 278-9,

List the functions which the General Prosecutor of the Nation shall exercise, which include:

1. Discharge from office, following a hearing and on the basis of justified reasons, any public officials who are guilty of any of the following deficiencies: violating the Constitution or the laws in an obvious manner; deriving obvious and profitable material advantage from the exercise of their duties or functions; impeding in serious manner investigations carried out by the Office of the Public Prosecutor or by an administrative or juridical authority; performing with obvious carelessness the investigation and sanctioning of the disciplinary deficiencies of employees under their authority or in the denunciation of punishable occurrences that they have cognizance of by virtue of exercising their office.

2. Issue proposals in the disciplinary processes pressed against officials subject to special statutes.

...

Page 82, CHAPTER II. ON THE DEPARTMENTAL REGIME, ARTICLE 297
The National Congress may decree the formation of new departments as long as the requirements mandated in the Institutional Act of Territorial Planning are completed and once the procedures, studies, and popular consultation are verifieded.

Page 82-88, CHAPTER II. ON THE DEPARTMENTAL REGIME, ARTICLE 298-310, sets out the rules for electing members to the departments, and the powers exercised by the Departmental Assemblies.
Temporary new institutions
Page 113-115, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS
CHAPTER I

TRANSITIONAL ARTICLE 1
General elections for the Congress of the Republic must be called for October 27, 1991.

The Congress thus elected shall have a term that concludes on July 19, 1994. The Registry Office of Civil Status shall open a registration period of citizen rolls.

TRANSITIONAL ARTICLE 2
Full-fledged delegates of the Constituent Assembly or present Cabinet ministers may not be candidates in said election.

Neither may officials of the executive branch who did not resign their position before June 14, 1991.

...

TRANSITIONAL ARTICLE 6
A Special Commission of 36 members elected using the electoral quotient of the National Constituent Assembly, half of whom may be delegates, that shall meet between July 15 and October 4, 1991, and between November 18, 1991, and the day of the installation of the new Congress. The election is to be held at a session convoked to this effect on July 4, 1991.

This Special Commission shall have the following powers:
a. Veto by the majority of its members, totally or in part, the proposed bills which the national government, in exercising its extraordinary powers conferred on the President of the Republic by the above Article and other provisions of the present Constitutional Act, with the exception of those relating to appointments, may request.
The vetoed articles may not be decreed by the Government.
b. Prepare proposed bills which it considers appropriate to be implemented in the Constitution. The Special Commission may present said bills so that they may be debated and approved by the Congress of the Republic.
c. Regulate its functioning.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
[Summary: This is a Constitution, and so the entirety of agreement deals with Constitutional reform/making, and constitutes the agreemenet on the new political Constitution for Colombia.]

Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 4
The Constitution provides the norm of regulations. In all cases of incompatibility between the Constitution and the statute or other legal regulations, the constitutional provisions shall apply.

It is the duty of citizens and of aliens in Colombia to obey the Constitution and the laws, and to respect and obey the authorities.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
… The city of Buenaventura is organized as Special, Industrial, Port, Biodiversity and Biotourism Districts. Its political, fiscal and administrative system shall be determined by the Constitution and special statutes enacted to this end and, insofar as the latter do not contain the required regulations, by the rules which apply to the municipalities. …


Page 112-113, TITLE XIII. ON CONSTITUTIONAL REFORM

ARTICLE 374
The Political Constitution may be reformed by Congress, a Constituent Assembly, or by the people through a referendum.

ARTICLE 375
The Government, 10 members of the Congress, 20 percent of councilors or deputies, or citizens totaling at least five percent of the electoral rolls in force may introduce legislative bills.

The bill shall be discussed in two ordinary and consecutive session periods. After having been approved in the first period by a majority of those present, the bill shall be published by the Government. In the second period, the approval shall require the vote of the majority of the members of each House.

In this second period only initiatives presented in the first period may be discussed.

ARTICLE 376
By means of an Act approved by the members of both Houses, Congress may direct that the voters participating in the popular balloting decide if a Constituent Assembly should be called with the jurisdiction, term, and makeup that the same law shall determine.

It is understood that the people shall convoke the Assembly, if they approve it by at least one-third of the electoral rolls.

The Assembly must be elected by the direct vote of the citizens through a balloting that may not overlap another. Beginning with the election, the ordinary powers of Congress shall remain suspended while the Constitution is being amended during the term stipulated so that the Assembly may fulfill its functions. The Assembly shall adopt its own rules of procedure.

ARTICLE 377
The constitutional reforms must be submitted to a referendum approved by Congress when referring to the rights recognized in Chapter I of Title II and to their guaranties, to the procedures of popular participation, or to Congress, if so requested, within the six months following the promulgation of the legislative act, by five percent of the citizens who make up the electoral rolls. The reform shall be understood to be defeated by a negative vote of the majority of the voters as long as at least one-fourth of those on the electoral rolls participate in the balloting.

ARTICLE 378
Upon the initiative of the government or the citizens under the terms of Article 155, Congress, through an Act which requires the approval of the majority of the members of both Houses, may submit to a referendum a bill of constitutional reform which the Congress shall incorporate into the Act. The referendum shall be presented in such a manner as to allow the voters to freely choose from the agenda or the various items that which they approve or disapprove.

The approval of constitutional reforms by means of a referendum mandates the afformative vote of over half of the voters and that the number of these should exceed one-fourth of the total number of citizens included in the electoral rolls.

ARTICLE 379
The legislative acts, the convocation to the referendum, the popular consultation, or the act of convocation of the Constituent Assembly may be declared unconstitutional only when the requirements established in this title are violated.

Public measures against these acts may be taken only within one year following their promulgation with due regard to the provisions in Article 241, numeral 2.

ARTICLE 380
The Constitution, as amended and in force until this time, is hereby repealed. This present Constitution is effective from the day of its promulgation.
Elections
Page 22, CHAPTER III. ON ALIENS, ARTICLE 100

...

Political rights are reserved to citizens, but an Act may grant to aliens resident in Colombia the right to vote in elections and in popular consultations at the municipal or district level.

Page 25-26, CHAPTER II. ON POLITICAL PARTIES AND POLITICAL MOVEMENTS, ARTICLE 108

The National Election Commission shall grant legal personality to political parties and movements and relevant groups of citizens. They may acquire it by obtaining no less than three percent (3%) of the votes validly cast in the national territory in the elections of the House of Representatives or Senate. They shall lose it if they do not obtain this percentage in the elections to the same Public Bodies. This does not apply to the special regime enacted by statute for the minority constituencies, in which it shall suffice to have obtained representation in Congress.

...

Page 71-73, TITLE IX. ON ELECTIONS AND THE ELECTORAL SYSTEM CHAPTER I. ON THE SUFFRAGE AND ELECTIONS

ARTICLE 258
Voting is both a right and a duty of citizens. The State shall make sure that it is exercised without any type of coercion and in a secret manner in individual booths installed in every polling station, the use of electronic and computerized means of voting notwithstanding. In the elections of candidates ballot cards which are numbered and printed on a paper offering sufficient security guarantees may be used, and shall be distributed officially. The Election Commission shall also provide the voters with ballot papers on which the political movements and parties with legal personality and the candidates shall appear clearly identified and in equal conditions. An Act may establish voting mechanisms which provide additional and better guarantees for the free exercise of this right of the citizens.

PARAGRAPH 1
The voting process for the election of members of a public body, governor, mayor or the first round of the presidential election must be repeated one single time when the blank votes constitute the majority of the total number of valid votes. In elections in which a single candidate is to be elected, the candidates of the first ballot may not run again, whereas in elections to public bodies the lists which have not attained the threshold may not be submitted.

PARAGRAPH 2
The electronic vote may be introduced in order to achieve flexibility and transparency in all voting processes.

...

ARTICLE 260
The citizens elect in a direct manner the President and Vice President of the Republic, senators, representatives, governors, deputies, mayors, municipal and district councilors, members of the local administrative boards and, when necessary, the members of the Constituent Assembly and the other authorities or officials stipulated by statute.

ARTICLE 261
Vacancies caused by absolute incapacity shall be filled, in accordance with their rank on the electoral list or the number of votes they have received, by the candidates who, in successive and descending order, form part of the same electoral list, depending on whether the closed-list system or the preferential voting system applies.

ARTICLE 262
The election of the President and Vice President may not overlap other elections. That of Congress shall be carried out on a date separate from the election of departmental and municipal officials.

ARTICLE 263
For every popular election process the political parties and movements shall submit single lists and candidates, whose number may not exceed the number of seats or offices to be filled in the respective election.

In order to guarantee the equitable representation of the political parties and movements and of the relevant citizen groups, the seats in public bodies shall be distributed in accordance with the system of the distributing number between the lists of candidates which have crossed a minimum threshold of votes which may not be inferior to three percent (3%) of the votes cast in the case of the Senate of the Republic or to fifty percent (50%) of the electoral quotient in the case of the other public bodies, in accordance with the provisions of the Constitution and the applicable statute.

If no lists of candidates crosses the threshold, the seats shall be distributed in accordance with the system of the distributing number.

An Act shall determine the other aspects of this matter.

The lists for public bodies in constituencies in which up to two (2) members of the respective body are elected may include up to three (3) candidates. In constituencies in which one member is elected the seat shall be assigned to the majority list. In the constituencies in which two members are elected the system of the electoral quota among the lists which receive votes equivalent to more than 30% of the quota.

TRANSITIONAL PARAGRAPH
For the elections to Congress which take place in 2010, the percentage to which section 2 of this Article refers shall be two percent (2%).

ARTICLE 263-A
The distribution of seats between the members of the respective public body shall be made by application of the system of the distributing number. This number is obtained by dividing successively by one, two, three, or more the number of votes received by each list and placing the results in a descending order until the total number of results obtained corresponds to the number of seats to be filled.

The lowest resulting number is called the distributing number (cifra repartidora). Each list shall obtain the number of seats that corresponds to the number of times the distributing number is contained in the total number of its votes.

Each political party or movement may choose the system of preferential vote. In this case the voter may mark the candidate of his/her preference from the list of names shown on the ballot card. The list shall be reorganized according to the number of votes obtained by each candidate. The distribution of seats shall take place in descending order, beginning with the candidate who obtained the highest number of preferential votes.

In the case of the political parties and movements that have chosen the system of preferential vote, the votes for the party or movement that have not been given by the voter to any candidate in particular shall be counted for the respective list for the purpose of the application of the laws concerning the threshold and the distributing number, but they shall not be counted for the reorganization of the list. When the voter votes simultaneously for the political party or movement and for the candidate of his/her preference within the respective list, the vote shall be valid and shall be counted in favor of the candidate.

...

ARTICLE 265
The National Election Commission shall regulate, inspect, supervise and control any electoral activity of the political parties and movements, the relevant citizen groups, their legal representatives, leadership and candidates, ensuring compliance with the principles and obligations which apply to them.

ARTICLE 266 (para 1-14) list the following special powers of the National Election Commission, such as to exercise the supreme inspection, oversight and control of the electoral organization.

Page 112-113, TITLE XIII. ON CONSTITUTIONAL REFORM

ARTICLE 374
The Political Constitution may be reformed by Congress, a Constituent Assembly, or by the people through a referendum.

ARTICLE 375
The Government, 10 members of the Congress, 20 percent of councilors or deputies, or citizens totaling at least five percent of the electoral rolls in force may introduce legislative bills.

The bill shall be discussed in two ordinary and consecutive session periods. After having been approved in the first period by a majority of those present, the bill shall be published by the Government. In the second period, the approval shall require the vote of the majority of the members of each House.

In this second period only initiatives presented in the first period may be discussed.

ARTICLE 376
By means of an Act approved by the members of both Houses, Congress may direct that the voters participating in the popular balloting decide if a Constituent Assembly should be called with the jurisdiction, term, and makeup that the same law shall determine.

It is understood that the people shall convoke the Assembly, if they approve it by at least one-third of the electoral rolls.

The Assembly must be elected by the direct vote of the citizens through a balloting that may not overlap another. Beginning with the election, the ordinary powers of Congress shall remain suspended while the Constitution is being amended during the term stipulated so that the Assembly may fulfill its functions. The Assembly shall adopt its own rules of procedure.

ARTICLE 377
The constitutional reforms must be submitted to a referendum approved by Congress when referring to the rights recognized in Chapter I of Title II and to their guaranties, to the procedures of popular participation, or to Congress, if so requested, within the six months following the promulgation of the legislative act, by FIve percent of the citizens who make up the electoral rolls. The reform shall be understood to be defeated by a negative vote of the majority of the voters as long as at least one-fourth of those on the electoral rolls participate in the balloting.

ARTICLE 378
Upon the initiative of the government or the citizens under the terms of Article 155, Congress, through an Act which requires the approval of the majority of the members of both Houses, may submit to a referendum a bill of constitutional reform which the Congress shall incorporate into the Act. The referendum shall be presented in such a manner as to allow the voters to freely choose from the agenda or the various items that which they approve or disapprove.

The approval of constitutional reforms by means of a referendum mandates the afformative vote of over half of the voters and that the number of these should exceed one-fourth of the total number of citizens included in the electoral rolls.

Page 113-115, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS
CHAPTER I

TRANSITIONAL ARTICLE 1
General elections for the Congress of the Republic must be called for October 27, 1991.

The Congress thus elected shall have a term that concludes on July 19, 1994. The Registry Office of Civil Status shall open a registration period of citizen rolls.

TRANSITIONAL ARTICLE 2
Full-fledged delegates of the Constituent Assembly or present Cabinet ministers may not be candidates in said election.

Neither may officials of the executive branch who did not resign their position before June 14, 1991.

...

TRANSITIONAL ARTICLE 6
A Special Commission of 36 members elected using the electoral quotient of the National Constituent Assembly, half of whom may be delegates, that shall meet between July 15 and October 4, 1991, and between November 18, 1991, and the day of the installation of the new Congress. The election is to be held at a session convoked to this effect on July 4, 1991.

This Special Commission shall have the following powers:
a. Veto by the majority of its members, totally or in part, the proposed bills which the national government, in exercising its extraordinary powers conferred on the President of the Republic by the above Article and other provisions of the present Constitutional Act, with the exception of those relating to appointments, may request.
The vetoed articles may not be decreed by the Government.
b. Prepare proposed bills which it considers appropriate to be implemented in the Constitution. The Special Commission may present said bills so that they may be debated and approved by the Congress of the Republic.
c. Regulate its functioning.


Page 116, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER I

TRANSITIONAL ARTICLE 17
The first popular election of governors in the departments of Amazonas, Guaviare, Guainia, Vaupés, and Vichada shall be held, at the latest, in 1997.

An Act may set an earlier date. In the meantime, the governors and the aforementioned departments shall be appointed and may be removed by the President of the Republic.
Electoral commission
Page 25-26, CHAPTER II. ON POLITICAL PARTIES AND POLITICAL MOVEMENTS, ARTICLE 108
The National Election Commission shall grant legal personality to political parties and movements and relevant groups of citizens. They may acquire it by obtaining no less than three percent (3%) of the votes validly cast in the national territory in the elections of the House of Representatives or Senate. They shall lose it if they do not obtain this percentage in the elections to the same Public Bodies. This does not apply to the special regime enacted by statute for the minority constituencies, in which it shall suffice to have obtained representation in
Congress.

Page 29-30, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE,
ARTICLE 120
The electoral organization consists of the National Election Commission, the Office of the National Registrar of Civil Status, and of the other organs established by statute. It is responsible for the organization of elections, their direction and oversight, as well as matters relating to personal identification.

ARTICLE 265
The National Election Commission shall regulate, inspect, supervise and control any electoral activity of the political parties and movements, the relevant citizen groups, their legal representatives, leadership and candidates, ensuring compliance with the principles and obligations which apply to them.

ARTICLE 266 (para 1-14) list the following special powers of the National Election Commission, such as to exercise the supreme inspection, oversight and control of the electoral organization.
Political parties reform
Other political parties reform
Page 25-26, CHAPTER II. ON POLITICAL PARTIES AND POLITICAL MOVEMENTS, ARTICLE 108
The National Election Commission shall grant legal personality to political parties and movements and relevant groups of citizens. They may acquire it by obtaining no less than three percent (3%) of the votes validly cast in the national territory in the elections of the House of Representatives or Senate. They shall lose it if they do not obtain this percentage in the elections to the same Public Bodies. This does not apply to the special regime enacted by statute for the minority constituencies, in which it shall suffice to have obtained representation in Congress.
Civil society
Major civil society involvement in D-M

Page 7, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 41

In all educational institutions, public or private, the study of the Constitution and civics shall be mandatory. In this way, democratic practices for the teaching of principles and values of citizen participation shall be promoted. The State shall publicize the Constitution.

Page 20-21, CHAPTER V. ON DUTIES AND OBLIGATIONS

ARTICLE 95

Every individual is obliged to obey the Constitution and the laws. The following are duties of the individual and of the citizen:

...

4. To defend and propagate human rights as the foundation of peaceful coexistence;

5. To participate in the country’s political, civic, and community life;


Page 23, TITLE IV. ON DEMOCRATIC PARTICIPATION AND POLITICAL PARTIES CHAPTER I. ON THE FORMS OF DEMOCRATIC PARTICIPATION,

ARTICLE 103
The following are the people’s means of participating in the exercise of their sovereignty: the vote, the plebiscite, the referendum, the popular consultation, the open town council meeting, the legislative initiative, and the recall of officials. An Act shall regulate these matters. The State shall contribute to the organization, promotion, and guidance of professional, civic, trade union, community, youth, charitable, or nongovernmental public-purpose associations, without prejudicing their authority so that they may constitute democratic means of representation in the various organs of participation, agreement, control, and oversight of the public actions that they undertake.

Page 23-24, TITLE IV. ON DEMOCRATIC PARTICIPATION AND POLITICAL PARTIES CHAPTER I. ON THE FORMS OF DEMOCRATIC PARTICIPATION,

ARTICLE 104
The President of the Republic, with the approval of the ministers and the prior approval of the Senate of the Republic, may consult the people on matters of great national importance. The people’s decision shall be binding. Such consultation may not coincide with another election.

ARTICLE 105
Upon the fulfilment of the requirements and formalities prescribed by the general statute of the territorial organization and in the cases determined by the latter, the governors and mayors as the case may be shall be entitled to hold popular consultations to decide issues falling under the jurisdiction of their respective department or municipality.

ARTICLE 106
Upon the fulfilment of the requirements that an Act prescribes, the people of the territorial entities may present bills concerning issues falling under the jurisdiction of the respective public entity, which is obliged to implement them; decide on questions/issues (disposiciones) of interest to the community on the initiative of the authority or corresponding entity or by not less of ten percent (10%) of the citizens enrolled in the respective electoral roll; and elect representatives to meetings of the public service entities within the respective territorial entity.

Page 29-30, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE,

ARTICLE 120
The electoral organization consists of the National Election Commission, the Office of the National Registrar of Civil Status, and of the other organs established by statute. It is responsible for the organization of elections, their direction and oversight, as well as matters relating to personal identification.


Page 41, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I., TRANSITIONAL PARAGRAPH, ARTICLE 155

Legislative bills or those involving constitutional amendments may be introduced by a number of citizens equal to or greater than five percent of the existing electoral rolls at the respective date or by thirty percent of the councils or deputies of the country. The popular initiative shall be executed by the Congress, in accordance with the provisions in Article 163 with respect to bills that have been the subject of a declaration of urgency.

The proposing citizens shall have the right to designate a spokesman who shall be heard by the Houses at all stages of the proceedings.

Page 42, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I., TRANSITIONAL PARAGRAPH, ARTICLE 170

A group of citizens corresponding to one-tenth of the electoral rolls may request from the electoral organization the holding of a referendum for the repeal of a law.
This law shall be repealed if half plus one of the voters who participate in the referendum so decide as long as a quarter of the citizens making up the electoral rolls

participate in said referendum.
There can be no referendum with respect to laws approving international treaties or the budget or laws relating to fiscal or tax matters.


Page 77, TITLE X. ON THE CONTROL ORGANISMS CHAPTER I. ON THE OFFICE OF CONTROLLER GENERAL OF THE REPUBLIC, ARTICLE 270

An Act shall organize the forms and systems of citizen participation making it possible to oversee the public management completed at the various administrative levels and their results.

Page 97-99, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER II. ON DEVELOPMENT PLANS

ARTICLE 340
There shall be a National Planning Council made up of the representatives of the territorial entities and of the economic, social, ecological, community, and cultural sectors. The Council shall have a consultative character and shall serve as a forum for the discussion of the National Development Plan.

The members of the National Council shall be designated by the President of the Republic from lists presented to him/her by the authorities and organizations of the entities and sectors referred to in the previous clause which are or have been involved in said activities. Their term shall be of eight years, and every four years the Council shall be renovated in part in the form established by statute.
Traditional/religious leaders
Page 93, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME

ARTICLE 322

...

In each of the localities there shall be an administrative board, popularly elected for periods of four (4) years, which shall be composed of no fewer than seven aldermen/alderwomen, in accordance with the determination of the District Council made on the basis of the respective population.
Public administration
Page 2, TITLE 1. ON FUNDAMENTAL PRINCIPLES, ARTICLE 6

Individuals are solely responsible before the authorities for violations of the Constitution and the laws. Public servants are responsible for the same violations and the omissions or ultra vires acts committed in the exercise of their functions.

Page 23-24, TITLE IV. ON DEMOCRATIC PARTICIPATION AND POLITICAL PARTIES CHAPTER I. ON THE FORMS OF DEMOCRATIC PARTICIPATION,

ARTICLE 106
Upon the fulfilment of the requirements that an Act prescribes, the people of the territorial entities may present bills concerning issues falling under the jurisdiction of the respective public entity, which is obliged to implement them; decide on questions/issues (disposiciones) of interest to the community on the initiative of the authority or corresponding entity or by not less of ten percent (10%) of the citizens enrolled in the respective electoral roll; and elect representatives to meetings of the public service entities within the respective territorial entity.

Page 30-32, CHAPTER II. ON THE PUBLIC SERVICE

ARTICLE 122
Every public occupation shall have its functions detailed by statute or regulation; in order to fill the posts with remuneration it is necessary that they figure in the respective employment plan and that the salaries are provided in the corresponding budget.

No public servant shall accede to his/her post without swearing an oath to defend and to abide by the Constitution and to fulfil the duties incumbent on him or her.

Before taking office, on resigning from it or when the competent authority requests it, the public servant shall declare, under oath, the amount of his/her income and earnings.

This declaration may only be used for the purposes of applying the rules on civil servants.

The other sanctions established by statute notwithstanding, persons who have been sentenced at any time for having committed crimes involving the State treasure or who have been sentenced for crimes related to membership in or promotion or funding of illegal armed groups, crimes against humanity or drug-trafficking in Colombia or abroad may not be registered as candidates for popularly elected office, nor be elected, nor be designated as civil servants; nor may they, neither personally nor through intermediary, conclude contracts with the State.

The same applies to anybody who, as a civil servant, by his/her intentional or gravely negligent conduct which has been qualified as such by enforceable judicial sentence, has caused the State to be sentenced to monetary compensation, unless he/she compensates for the amount of the damage by using his/her personal property.

ARTICLE 123
The members of public entities, employees, and workers of the State and their territorially decentralized branches and services are civil servants.

Civil servants are at the service of the State and of the community; they shall perform their function in the
form prescribed by the Constitution, statutes, and regulations.

An Act shall determine the regime applicable to individuals who fulfil public functions temporarily and shall regulate their exercise.

ARTICLE 124
An Act shall determine the responsibility of civil servants and the manner to make it effective.

...

ARTICLE 126
Civil servants may not appoint as employees individuals to whom they are kin to the fourth level of consanguinity, second level of affinity [by marriage] or first civil level, or with whom they are bound through marriage or permanent union. Neither may they designate individuals involved through the same ties with competent civil servants to intervene in their designation.

Excepted from what is prescribed in this article are those appointments that are made in application of existing regulations relating to entry or promotion through merit.

ARTICLE 127
Civil servants may not, personally or through an intermediary, or in representation of another person, conclude any contract with public entities or private individuals who manage or administer public funds, save when legal exceptions apply.[...]

ARTICLE 128
No one may hold more than one public position simultaneously or receive more than one salary originating from the Public Treasury, or from enterprises or institutions in which the State is a majority owner, except in cases expressly determined by an Act.

ARTICLE 129
Civil servants shall not be entitled to accept positions, honors, or compensations from foreign governments or international organizations or enter into contracts with them without prior authorization from the government.

ARTICLE 130
There shall be a National Public Service Commission responsible for the administration and oversight of the careers of civil servants, except for those in a special category.

Page 73, TITLE IX. ON ELECTIONS AND THE ELECTORAL SYSTEM, CHAPTER II. ON THE ELECTORAL AUTHORITIES

ARTICLE 264
The National Election Commission shall be composed of nine (9) members elected by the Congress of the Republic in plenary session for an institutional period of four (4) years, in accordance with the system of the distributing number and on the basis of proposals submitted by the political parties or movements with legal personality or by coalitions formed between them. Its members shall be civil servants exclusively dedicated to the duties of their office, shall have the same qualifications, disabilities, incompatibilities, and rights as the magistrates of the Supreme Court of Justice; and may be re-elected one time.

Power sharing

Political power sharing
State level
Summary: state level power sharing is provided in legislature, with reference tin particular to indigenous people; judicial places are assigned to the army, see below.
Proportionality in legislature
Page 44-45, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER IV. ON THE SENATE,

ARTICLE 171

The Senate of the Republic shall be composed of one hundred members elected in one nationwide constituency.

There shall be an additional two senators elected in a special national constituency for indigenous
communities.

Colombian citizens who happen to be or reside abroad may vote in elections for the Senate of the Republic.

The system of electoral quotient shall apply to the special constituency for the election of senators by indigenous communities.

The representatives of the indigenous communities who aspire to become members of the Senate of the Republic must have exercised a position of traditional authority in their respective community or have been leaders of an indigenous organization, which qualification shall be verified by a certificate from the respective organization, endorsed by the Minister of the Government.

Page 46, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER V. ON THE HOUSE OF REPRESENTATIVES,

ARTICLE 176

The House of Representatives shall be elected in territorial and special constituencies.

There shall be two representatives for each territorial constituency and one more for every 365,000 inhabitants or fraction larger than 182,000 over and above the initial 365,000.

For the election of representatives to the House, each department and the Capital District of Bogotá shall constitute a territorial constituency.

Special territorial constituencies shall ensure the participation to ethnic groups and to Colombians residing abroad in the House of Representatives. Through such constituencies, five (5) representatives shall be elected, as follows: two (2) by the constituency of Afro-descendant communities, one (1) by the constituency of indigenous communities, and two (2) by the international constituency. In the latter constituency only the votes, which have been cast outside the national territory by citizens residing abroad, shall be counted.

PARAGRAPH 1
Beginning in 2014, the assignment of additional seats shall be based on the corresponding proportional increase of the national population, in accordance with the results of the census. It shall be the task of the electoral commission to adjust the number for the assignment of seats.

PARAGRAPH 2
If as a result of the application of the formula contained in the present Article a territorial constituency should lose one or more seats, it shall keep the number of seats to which it was entitled on July 20, 2002.
Other proportionality
Page 28-29, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE, ARTICLE 116

A Court of Criminal Guarantees with national and criminal jurisdiction shall be created. It shall have the following powers:

1. To preferably, serve as judge by guaranteeing the legal control of any investigation or criminal proceedings against the armed forces members.

2. To preferably, control criminal indictment against the armed forces members, to ensure the fulfillment of the material and formal conditions to start the oral trial.

3. To permanently settle jurisdiction conflicts between ordinary courts and the Military Criminal Jurisdiction.

4. Other functions assigned by statute.

The Court of Criminal Guarantees shall be composed of eight (8) judges, four (4) of whom shall be members of the security forces in retreat. Its members shall be elected by the Government Chamber of the Supreme Court of Justice, the Government Chamber of the Council of State, and the Constitutional Court in plenary. Retired members of the armed forces shall be elected from four (4) lists of three nominations sent by the President.

A statute shall establish the requirements to be a magistrate, the ineligibility and incompatibility regime, the candidate’s nomination mechanism, the selection procedure and any other issue concerning organization and functions of the Court of Criminal Guarantees.
Territorial power sharing
Local/municipal government
Page 87-88, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER II. ON THE DEPARTMENTAL REGIME,
ARTICLE 309
It shall be necessary to transform into a department the districts of Arauca, Casanare, Putumayo, the Archipelago of San Andrés, Providencia, and Santa Catalina and the police districts (comisarías) of Amazonas, Guaviare, Guainia, Vaupés, and Vichada. The assets and rights which used to belong to the intendencies (intendencias) and police stations on any account shall continue being the property of the respective departments.

ARTICLE 310
The department of San Andrés Archipelago, Providencia, and Santa Catalina shall be regulated, in addition to the provision in the Constitution and the statutes for the other departments, by special provisions which in administrative, immigration, fiscal, foreign trade, exchange, financial, and economic development matters shall be established by the legislative.

By means of a law approved by the majority of the members of each House, it shall be possible to limit the exercise of the rights of movement and residence, establish controls on the density of population, regulate the use of the land, and submit to special conditions the transfer of immovable property in order to protect the cultural identity of the native [Indian] communities and preserve the environment and natural resources of the archipelago.

Through the creation of the municipalities that may occur, the departmental assembly shall guarantee the institutional expression of the original communities of San Andrés. The municipality of Providencia shall have a share of no less than twenty percent of the total value of said departmental revenues.

Page 88-89, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER III. ON THE MUNICIPAL REGIME

ARTICLE 311
As the fundamental entity of the political-administrative division of the State, it is the responsibility of the municipality to lend those public services determined by statute, to build the projects required for local progress, to arrange for the development of its territory, to promote community participation, the social and cultural betterment of its inhabitants, and to execute the other functions assigned to it by the Constitution and the statutes.

ARTICLE 312
In each municipality there shall be a political-administrative body popularly elected for periods of four years which shall be known as the municipal council, composed by no fewer than 7 and no more than 21 members, in accordance with the determination made by an Act based on the respective population. This body may exercise political control over the municipal administration.

An Act shall determine the qualifications, disabilities, and incompatibilities of the councilors and the schedule of the ordinary sessions of the councils. The councilors shall not have the status of public employees.

An Act may determine the cases in which the councilors shall be entitled to allowances for their attendance at sessions.

The acceptance of any public employment means that the respective councilor is prevented permanently from the discharge of his/her duties.

ARTICLE 313
The councils have the following competences:
1. To regulate the functions and efficient delivery of the services for which the municipality is responsible.
2. To adopt the appropriate plans and programs of economic and social development and of public works.
3. To authorize the mayor to make contracts and exercise temporarily specific functions among those for which the council is responsible.
4. To vote for taxes and local expenditures in accordance with the Constitution and the relevant statute.
5. To dictate the organic budgetary regulations and issue annually the budget of revenues and expenditures.
6. To determine the structure of the municipal administration and the functions of their dependencies; the scales of remuneration appropriate to the various categories of employees; create at the initiative of the mayor public institutions and industrial or commercial enterprises and authorize the formation of mixed [public-private] companies.
7. To regulate the uses of the land and, within the limits determined by statute, oversee and control the activities connected with the construction and sale of housing slated for residences.
8. To elect a representative for the period determined by statute and the other functionaries that the latter stipulates.
9. To dictate the regulations necessary for the control, preservation, and defense of the ecological and cultural patrimony of the municipality.
10. Other competences which the Constitution or statutes assign them.
11. To summon and invite the secretaries of the office of the mayor to attend the sessions of the council in the capitals of the departments and the municipalities with more than twenty-five thousand inhabitants. The summons must be made not less than five days prior to a session and be formulated in the form of a written questionnaire. In case the secretaries do not attend, without an excuse accepted by the district or municipal council, the latter may table a motion of censure. The secretaries must be heard at the session for which they were summoned, without prejudice to the possibility that the discussion continues at subsequent sessions following a decision of the council. The discussion may not extend to other issues than those in the questionnaire and shall be placed at the top of the session’s agenda.
The councils of the other municipalities may summon and invite the secretaries of the office of the mayor to attend the sessions of the council. The summons must be made not less than five days prior to a session and be formulated in the form of a written questionnaire. In case the secretaries do not attend, without an excuse accepted by the district or municipal council, any of its members may table a motion with observations which may not lead to the resignation of the respective official. Its approval shall require the affirmative vote of two-thirds of the members of the body.

12. To table a motion of censure with respect to the secretaries of the office of the mayor for matters related to their official functions, or for ignoring the requests or summons of the district or municipal council. The motion of censure must be tabled by one half of the members of the district or municipal council plus one. The vote shall take place between the third and 10th day following the end of the discussion, with a public hearing of the respective official. Approval of the motion shall require the affirmative vote of two-thirds of the members of the relevant body. Once the motion is approved, the official shall be relieved of his/her functions. If it is voted down, no new motion of censure may be proposed on the same matter unless it is supported by new facts. The resignation of the official against which the censure motion has been tabled does not prevent the latter from being approved in accordance with the provisions of this Article.

ARTICLE 314
In each municipality there shall be a mayor, head of the local administration and legal representative of the municipality, who shall be popularly-elected for institutional periods of four (4) years and may not be reelected for the subsequent period.

When the mayor is permanently prevented from discharging the duties of his/her office for more than eighteen (18) months before the end of his/her term, a mayor shall be elected for the remaining period. In case the end of the term is less than eighteen (18) months away, the Governor shall appoint a mayor for the rest of the term, who must belong to the party, political group or coalition for which the elected mayor had been registered.

The President [of the Republic] and the governors in the cases restrictively stipulated by an Act may suspend mayors or remove them from office.

An Act shall establish the sanctions that apply for the improper exercise of that power.

Page 90, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER III. ON THE MUNICIPAL REGIME,
ARTICLE 315 (para 1-10) lists the powers of the mayor.

...

Page 92, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER III. ON THE MUNICIPAL REGIME,

ARTICLE 320
An Act may establish categories of municipalities in accordance with their population, fiscal resources, economic importance, and geographic situation, and stipulate a specific regime for their organization, government, and administration.

ARTICLE 321
The provinces are made up of municipalities or adjacent indigenous territories belonging to the same department.

An Act shall stipulate the basic statute and determine the administrative regime of the provinces that may be organized for the execution of the functions delegated to them by national or departmental entities and which an Act assigns to them and to the municipalities that make them up.

The provinces shall be created by ordinance, at the initiative of the governor, the mayors of the respective municipalities, or the number of citizens determined by statute.

For admission to an already constituted province, a popular consultation must be held in the municipalities involved.

The department and municipalities shall bring to the provinces the percentage of their current revenues that the assembly and respective councils shall determine.
Autonomous regions
Page 81-82, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER I. GENERAL PROVISIONS

ARTICLE 285
Outside of the general division of the territory, there shall be divisions determined by statute for the exercise of the functions and services for which the State is responsible.

ARTICLE 286
Departments, districts, municipalities, and indigenous reservations are territorial entities.

An Act may grant the status of territorial entities to the regions and provinces that are formed under the terms of the Constitution and the relevant statute.

ARTICLE 287
Territorial entities enjoy autonomy for the management of their interests within the limits of the Constitution and the relevant statute. By virtue of this they shall have the following rights:

1. To govern themselves under their own authorities.
2. To exercise the jurisdictions appropriate to them.
3. To administer their resources and establish the taxes necessary for the exercise of their functions.
4. To participate in national revenues.

ARTICLE 288
The Institutional Act on Territorial Organization shall establish the distribution of powers between the Nation and the territorial entities.

The powers assigned to the various territorial levels shall be exercised in accordance with the principles of coordination, competition, and subsidiarity under the terms stipulated by statute.

ARTICLE 289
Under the authority of an Act, the departments and municipalities located in border areas may promote directly with the territorial entity bordering on the neighboring country on a level of equality, cooperation, and integration, programs whose purpose is to promote community development, the lending of public services, and the protection of the environment.

ARTICLE 290
With the execution of the requirements and formalities stipulated by statute, and in the cases determined therefrom, the periodic review of the borders of territorial entities shall be effected and the official map of the Republic shall be published.

The members of the public associations of territorial entities may not accept any position in the public administration if doing so would make them lose their investiture.

The controllers and agents may be involved in the joint administrative boards and councils within which they operate in the respective territorial entities only when they are expressly invited for specific purposes.


Page 94-95, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME

ARTICLE 329
The configuration of the indigenous [Indian] territorial entities shall be drawn subject to the provisions of the Institutional Act of Territorial Planning, and their delimitation shall be effected by the national government with the participation of the representatives of the indigenous communities following the plan of the Commission of Territorial Planning.

The safeguards that apply relate to collective property which may not be sold.

An Act shall define the relations and coordination of these entities with those of which they form a part.

PARAGRAPH
In the case of an indigenous [Indian] territory that may include the territory of two or more departments, its administration shall be implemented by indigenous councils in coordination with the governors of the respective departments. In case that such territory should decide to constitute itself as a territorial entity, this shall be done in compliance with the requirements established by the first clause of this article.

ARTICLE 330
In accordance with the Constitution and the statutes, the indigenous territories shall be governed by the councils formed and regulated according to the uses and customs of their communities and shall exercise the following functions:

1. Oversee the application of the legal regulations concerning the uses of the land and settlement of their territories.
2. Design the policies, plans and programs of economic and social development within their territory, in accordance with the National Development Plan.
3. Promote public investments in their territories and oversee their appropriate implementation.
4. Collect and distribute their funds.
5. Oversee the conservation of natural resources.
6. Coordinate the programs and projects promoted by the different communities in their territory.
7. Cooperate with the maintenance of the public order within their territory in accordance with the instructions and provisions of the national government.
8. Represent the territories before the national government and the other entities in which they are integrated; and
9. Other matters stipulated by the Constitution and statute.
Other
Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
… The city of Buenaventura is organized as Special, Industrial, Port, Biodiversity and Biotourism Districts. Its political, fiscal and administrative system shall be determined by the Constitution and special statutes enacted to this end and, insofar as the latter do not contain the required regulations, by the rules which apply to the municipalities. …
Economic power sharing
Sharing of resources
Summary: Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS, provides extensive financial allocations for the devolved regions.
ARTICLE 356
. . .
The Districts shall have the same competences as the municipalities and departments for the purposes of distribution of the General System of Shares that the Act establishes. For these purposes, the indigenous territorial entities, shall be benefeciaries, once they are constituted.
Likewise, the Act shall designate the indigenous reservations as beneficiaries, provided that they have not constituted themselves as indigenous territorial entities.
The resources of the General System of Shares of the departments, districts and municipalities shall be earmarked for the financing of the services for which they are responsible, according priority to the health service, the services of pre-school, primary, secondary and intermediate education, and public services
concerning drinking water and basic sanitation in the home, ensuring the provision of the services and the extension of coverage with an emphasis on the poor.
Taking into account the principles of solidarity, complementarity and subsidiarity, the Act shall establish the cases in which the Nation may contribute to the financing of the expenditure of those services which, in
accordance with the determination made by statute fall within the competence of the departments, districts and municipalities.
The Act shall regulate the criteria of distribution of the General System of Shares of the Departments, Districts and Municipalities, in accordance with the competences which it assigns to each of these entities;
it shall contain the provisions necessary for the implementation of the General System of Shares, incorporating principles of distribution which take into account the following criteria:
In the sectors of education, health, drinking water and basic sanitation: the population that has been taken care of and the population that shall be taken care of, the distribution of the urban and rural population, administrative and fiscal effciency, and equity. In the distribution per territorial unit of each of the constituent entities of the General System of Shares, priority shall
be given to factors which favor the poor, in the terms established by statute;
In other sectors: population, the distribution of the urban and rural population, administrative and fiscal efcciency, and relative poverty.
b. Competences may not be decentralized without the previous allocation of suffcient fiscal resources for their discharge. The distribution of the resources of the General System of Shares of the Departments, Districts and Municipalities shall take place by sectors defined by statute. The amount of the resources that are assigned to the sectors of health and education may not be lower than the amount transferred to each of these sectors on the enactment of the present Legislative Act.
The city of Buenaventura is organized as Special, Industrial, Port, Biodiversity and Biotourism Districts. Its political, fiscal and administrative system shall be determined by the Constitution and special statutes
enacted to this end and, insofar as the latter do not contain the required regulations, by the rules which apply to the municipalities.
The National Government shall define a strategy for monitoring, follow-up and comprehensive control with regard to the expenditure of the territorial entities with resources from the General System of Shares in order to ensure the fulfillment of the criteria for coverage and quality [of services]. This strategy must extend the space for citizen participation in respect of social control and accounting procedures.
In order to apply and fulfill the provisions of the preceding section the National Government shall, within a period not exceeding six months following the signing of this Legislative Act, adopt, among other things, the pertinent rules defining the situations in which the adequate provision of services incumbent on the territorial entities is at risk, the measures which may be taken to avoid such situations and the effective determination of the required corrective action.
TRANSITIONAL PARAGRAPH
The Government must present a bill regulating the organization and functioning of the General System of Shares of the Departments, Districts and municipalities, on the first month of sessions of the forthcoming legislative period, at the latest.

ARTICLE 357
The amount of the General System of Shares of the Departments, Districts and Municipalities shall be increased annually by a percentage equal to the average percentage variation that the current revenues of the Nation have experienced during the four (4) preceding years, including the one corresponding to the
estimate for the budget in execution.
For the purpose of calculating the variation of the current revenues of the Nation referred to in the preceding subparagraph, the taxes resulting from State of Exception measures shall be excluded, unless Congress makes them permanent in the following year.
Seventeen percent (17%) of the resources of the General System of Shares for spending purposes shall be distributed among the municipalities with a population inferior to 25.000 inhabitants. These resources shall 9/15/2015 be spent exclusively on investment, in accordance with the competences assigned by statute. The distribution of these resources shall be based on the same criteria of population size and poverty as defined by the Act on the Shares for General Purposes. The municipalities classified in the fourth, fifth and sixth categories in accordance with the rules in force may freely spend up to forty-two percent (42%) of the resources they receive from the General System of Shares for General Purposes for investment and other expenses inherent in the functioning of the municipal administration, with the exception of the resources distributed in accordance with the preceding section.
When a territorial entity achieves universal coverage and meets the quality standards established by the competent authorities in the sectors of education, health, and/or public services concerning drinking water and basic sanitation in the home, according to certification by the competent national entity, it may spend the surplus resources on investment in other sectors within its competence. The National Government shall regulate the matter.
TRANSITIONAL PARAGRAPH 1
The amount of the General System of Shares, GSS, of the Departments, Districts and Municipalities shall increase by taking as its base the amount dished out during its previous period of application. During the years 2008 and 2009 the GSS shall increase at a rate equal to the inflation rate, with an additional increase in real terms of 4%. During the year 2010, the increase shall equal the inflation rate, with an additional increase in real terms of 3.5%. Between the year 2011 and the year 2016 the increase shall equal the in????ation rate, with an additional increase in real terms of 3%.
TRANSITIONAL PARAGRAPH 2
If the rate of real growth of the economy (Gross Domestic Product, GDP) certified by DANE for the respective year is superior to 4%, the increase of the GSS shall equal the inflation rate, with an additional increase in real terms as indicated in the Transitional Paragraph 1 of the present Article, plus the difference in percentage points which results from a comparison of the real growth of the economy certified by DANE and the 4%. These additional resources shall be spent on comprehensive care for small children. The increase of the GSS resulting from higher economic growth which is the object of the present section shall not constitute the basis for the funding of the GSS in subsequent years.
TRANSITIONAL PARAGRAPH 3
The General System of Shares, GSS, shall receive an increase in funding in addition to the increases referred to in the preceding transitional paragraphs with regard to the education sector. This additional increase shall take place in the following stages: in the years 2008 and 2009, it shall equal one point three percent (1.3%), in the year 2010 one point six percent (1.6%), and during the years 2011 to 2016 one point eight percent (1.8%). In each of these years, the additional increase shall not constitute the basis for the funding
of the System in the subsequent period of application. The resources shall be spent on coverage and quality.
TRANSITIONAL PARAGRAPH 4
The National Government shall define a number of criteria and transitional arrangements in the application of the results of the last census with the objective of avoiding negative effects resulting from the variations
in the census data on the distribution in the General System of Shares. The System shall direct the necessary resources in such a way as to avoid under all circumstances a reduction in the level of funding which the territorial entities currently receive for reason of diminishing population size.
Summary ARTICLE 358 deals with the GSS
ARTICLE 359
No national revenues shall be specifically earmarked. SUmmary: a set of excemptions follows.

ARTICLE 360
The exploitation of a non-renewable natural resource shall give rise to an economic offset in the form of concession fees (regalía) for the benefit of the State, without prejudice to any other right or compensation which might be agreed upon. An Act shall determine the conditions for the exploitation of non-renewable natural resources.
. . .
Summary: ARTICLE 361 provides for how revenues from General System of Concession Fees are to be used in development.
ARTICLE 363
The tax system is based on the principles of equity, effciency, and progressivity.
The tax laws shall not be applied retroactively.
ARTICLE 364
The domestic and foreign indebtedness of the nation and the territorial entities may not exceed their capacity for repayment. An Act shall regulate this matter.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 1

Colombia is a social state under the rule of law, organized in the form of a unitary republic, decentralized, with autonomy of its territorial units, democratic, participatory, and pluralistic, based on the respect of human dignity, the work and solidarity of the individuals who belong to it, and the prevalence of the general interest.

Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 5
The State recognizes, without any discrimination whatsoever, the primacy of the inalienable rights of the individual and protects the family as the basic institution of society.

Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 9

The external relations of the state are based on national sovereignty, on respect for the self-determination of peoples, and on the recognition of the principles of international law approved by Colombia.

Page 20-21, CHAPTER V. ON DUTIES AND OBLIGATIONS

ARTICLE 95
The quality of being Colombian enhances all members of the national community. Everyone has the duty to exalt and dignify it. The exercise of the rights and liberties recognized in this Constitution implies responsibilities.

Every individual is obliged to obey the Constitution and the laws. The following are duties of the individual and of the citizen:

1. To respect others’ rights and not to abuse one’s own;

2. To strive in accordance with the principle of social solidarity, responding with humanitarian actions in the face of situations that endanger the life or the health of individuals;

...

4. To defend and propagate human rights as the foundation of peaceful coexistence;


Page 61, CHAPTER VII. ON THE PUBLIC FORCE,

ARTICLE 222
An Act shall determine the system of professional, cultural, and social development of the members of the public force. During their training, the members shall be taught the fundamentals of democracy and human rights.


Page 62, TITLE VIII. ON THE JUDICIAL BRANCH CHAPTER I. GENERAL PROVISIONS, ARTICLE 230

In their decisions, the judges are bound exclusively by the rule of law.

Fairness, jurisprudence, and the general principles of law and doctrine are the auxiliary criteria of judicial proceedings.


Page 127, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER VIII

TRANSITIONAL ARTICLE 66

...

Prioritization and selection criteria shall be inherent to transitional justice instruments. The Attorney General of the Nation will determine the prioritization criteria for the initiation of criminal proceedings. Notwithstanding the general obligation of the State to investigate and punish serious human rights’ violations and international humanitarian law crimes, in the context of transitional justice, the Congress, at the initiative of the Government, may determine by state the selection criteria to investigate crimes against humanity, genocide, or war crimes committed in a systematic manner. Congress may also establish cases, requirements and conditions to suspend executions of a sentence; establish the cases in which the application of extrajudicial sanctions, alternative sanctions, or special modalities for the implementation and enforcement of the sentence may be used; and authorize the conditional waiver of criminal prosecution of unselected cases. The statutory law will take into account the severity and representativeness of cases to determine the selection criteria.
Equality
Page 1, PREAMBLE

The people of Colombia,

In the exercise of their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and in order to strengthen the unity of the nation and ensure to its members life, peaceful coexistence, work, justice, equality, understanding, freedom, and peace within a legal, democratic, and participatory framework that may guarantee a just political, economic, and social order and committed to promote the integration of the Latin American community, decree, authorize, and promulgate the following:

Page 16, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 70

...

Culture in its diverse manifestations is the basis of nationality. The State recognizes the equality and dignity of all those who live together in the country. The state shall promote research, science, development, and the diffusion of the nation’s cultural values.
Democracy
Page 1, PREAMBLE

The people of Colombia,
In the exercise of their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and in order to strengthen the unity of the nation and ensure to its members life, peaceful coexistence, work, justice, equality, understanding, freedom, and peace within a legal, democratic, and participatory framework that may guarantee a just political, economic, and social order and committed to promote the integration of the Latin American community, decree, authorize, and promulgate the following:

Page 1, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 2

...

The authorities of the Republic are established in order to protect all individuals residing in Colombia, in their life, honor, property, beliefs, and other rights and freedoms, and in order to ensure the fulfilment of the social duties of the State and individuals.

Page 20-21, CHAPTER V. ON DUTIES AND OBLIGATIONS

ARTICLE 95
The quality of being Colombian enhances all members of the national community. Everyone has the duty to exalt and dignify it. The exercise of the rights and liberties recognized in this Constitution implies responsibilities.

Every individual is obliged to obey the Constitution and the laws. The following are duties of the individual and of the citizen:

...

3. To respect and support the democratic authorities legitimately constituted to maintain national independence and integrity;

Page 23, TITLE IV. ON DEMOCRATIC PARTICIPATION AND POLITICAL PARTIES CHAPTER I. ON THE FORMS OF DEMOCRATIC PARTICIPATION,

ARTICLE 103
The following are the people’s means of participating in the exercise of their sovereignty: the vote, the plebiscite, the referendum, the popular consultation, the open town council meeting, the legislative initiative, and the recall of officials. An Act shall regulate these matters. The State shall contribute to the organization, promotion, and guidance of professional, civic, trade union, community, youth, charitable, or nongovernmental public-purpose associations, without prejudicing their authority so that they may constitute democratic means of representation in the various organs of participation, agreement, control, and oversight of the public actions that they undertake.


Page 24-25, CHAPTER II. ON POLITICAL PARTIES AND POLITICAL MOVEMENTS
ARTICLE 107

...

The political parties and movements shall organize themselves democratically and shall have as their guiding principles transparency, objectivity, morality, the equality of sexes, and the duty to present and disseminate their political programs.
Protection measures
Protection of groups
Page 8, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES
CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS
ARTICLE 43
Women and men have equalrights and opportunities. Women cannot be subjected to any type of discrimination. During their periods of pregnancy and following delivery, women shall benet from the special assistance and protection of the State and shallreceive from the latterfood subsidies if they should thereafter nd themselves unemployed or abandoned.
ARTICLE 44 The following are basic rights of children: life, physical integrity, health and social security, a balanced diet, their name and citizenship, to have a family and not be separated from it, care and love, instruction and culture,recreation, and the free expression of their opinions. They shall be protected against all forms of abandonment, physical or moral violence, sequestration, sale, sexual abuse, work or economic exploitation, and dangerous work. They shall also enjoy otherrights upheld in the Constitution, the laws, and international treaties ratied by Colombia.
The family, society, and the State have the obligation to assist and protect children in orderto guarantee their harmonious and integral development and the full exercise of theirrights. Any individual may request from the competent authority the enforcement of these rights and the sanctioning of those who violate them.
Page 9,
Article 45,
The adolescent is entitled to protection and integral development.
ARTICLE 46
The State, society, and the family shall all participate in protecting and assisting individuals in the third age bracket and shall promote theirintegration into active and community life
Page 12,
ARTICLE 50
Any child under a year old who may not be covered by any type of protection or Social Security shall be entitled to receive free care in all health entities thatreceive state subsidies. An Act shallregulate the matter.
Page 13,
ARTICLE 53
The Congress shall issue a labor statute. The appropriate law shall take into account at least the following minimal fundamental principles: Equality of opportunity for workers; minimum essential and exible remuneration proportional to the amount and quality of work; stability in employment; irrevocability of minimum benets established in labor regulations; options to negotiate about and reconcile uncertain and arguable rights; a situation more favorable to the worker in case of doubt in the application and interpretation of the formal bases of the law; the primacy of facts over established formalities in issues of laborrelations; guarantees to social security, training, instruction, and necessary rest; special protection of women, mothers, and minor-age workers.
Page 58,
Article 250,
To oversee the protection of victims, juries, witnesses, and all otherintervening parties in the criminal procedure. An Act shall determine the mannerin which the victims may intervene in the criminal procedure and mechanisms ofrestorative justice. 7

Page 87,
ARTICLE 310
By means of a law approved by the majority of the members of each House, it shall be possible to limit the exercise of the rights of movement and residence, establish controls on the density of population, regulate the use of the land, and submit to special conditions the transfer of immovable property in order to protect the cultural identity of the native [Indian] communities and preserve the environment and natural resources of the archipelago.

Protection of rights and legal frameworks
Page 1, TITLE I. ON FUNDAMENTAL PRINCIPLES
ARTICLE 2
The essential goals of the State are to serve the community, promote the general prosperity, and guarantee the effectiveness of the principles, rights, and duties stipulated by the Constitution; to facilitate participation by everyone in the decisions that affect them and in the economic, political, administrative, and cultural life of the nation; to defend national independence, maintain territorial integrity, and ensure peaceful coexistence and enforcement of a just order. The authorities of the Republic are established in order to protect all individuals residing in Colombia, in their life, honor, property, beliefs, and other rights and freedoms, and in order to ensure the fulllment of the social duties of the State and individuals.
Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES
ARTICLE 5
The State recognizes, without any discrimination whatsoever, the primacy of the inalienable rights of the individual and protects the family as the basic institution of society.
ARTICLE 7
The State recognizes and protects the ethnic and cultural diversity of the Colombian Nation
ARTICLE 8
It is the obligation of the State and of individuals to protect the cultural and natural assets of the nation.
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES
CHAPTER I. ON FUNDAMENTAL RIGHTS
ARTICLE 13 All individuals are born free and equal before the law, shallreceive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender,race, national orfamily origin, language,religion, political opinion, or philosophy
… The State shall especially protect those individuals who on account of their economic, physical, or mental condition are in obviously vulnerable circumstances and shall sanction the abuses orill-treatment perpetrated against them.
TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS
ARTICLE 25
Work is a right and a social obligation and enjoys, in all its forms, the special protection of the State. Every individual is entitled to a job under dignied and equitable conditions.
Page 7, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES
CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS
ARTICLE 42
The family is the basic nucleus of society. It is formed on the basis of natural orlegal ties, through the free decision of a man and woman to contract matrimony orthrough the responsible resolve to comply with it. The state and society guarantee the integral protection of the family. An Act shall determine the inalienable and unseizable family patrimony. The family’s honor, dignity, and intimacy are inviolable
Page 9,
ARTICLE 49
Public health and environmental protection are public services for which the State is responsible. All individuals are guaranteed access to services that promote, protect, and restore health.
It is the responsibility of the State to organize, direct, and regulate the provision of health services to the inhabitants and of environment protection in accordance with the principles of efficiency, universality, and solidarity; in addition, to establish policies for the provision of health services by private entities and to exercise oversight and control overthem; and to establish the competences of the nation, territorial entities, and individuals, and to determine the subsidies to theirtasks in the terms and conditions established by statute
Page 14,
ARTICLE 58
The State shall protect and promote associative and joint forms of property.
ARTICLE 61
The State shall protect intellectual property forthe period and using the means established by statute.
Page 19, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS,
Article 86
Every individual may claim legal protection before the judge, at any time or place, through a preferential and summary proceeding, for himself/herself or by whoever acts in his/her name, the immediate protection of his/her fundamental constitutional rights when the individual fears the latter may be jeopardized or threatened by the action or omission of any public authority.
The protection shall consist of an order so that whoever solicits such protection may receive it by a judge enjoining others to act or refrain from acting. The order, which shall be implemented immediately, may be challenged before the competent judge, and in any case the latter may send it to the Constitutional Court for possible revision

Page 19, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS,
ARTICLE 88
An Act shall regulate popular actions for the protection of collective rights and interests related to the homeland, space, public safety and health, administrative morality, the environment, free economic competition, and other areas of similar nature dened in it
ARTICLE 89
In addition to what is mentioned in the previous articles, an Act shall determine the other resources, actions, and procedures necessary to protect, through the integrity of the legal order, the individual rights of groups or collectives against the acts or omissions of public authorities.

Page 21,
ARTICLE 95
To protect the country’s cultural and natural resources and to keep watch that a healthy environment is being preserved;
Page 42, CHAPTER II. ON THE PUBLIC SERVICE
ARTICLE 152 By way of status Acts (leyes estatuarias) the Congress of the Republic shall regulate the following subject areas: Fundamental rights and duties of individuals and the proceedings and resources for their protection;

Page 58,
Article 250,
Neither human rights nor fundamental freedoms may be suspended. In all cases, the rules of international humanitarian law shall be observed. A statutory law shall regulate the powers of the Government during the states of exception and shall establish the legal controls and guaranties to protect rights, in accordance with international treaties. The measures that are adopted must be proportionate to the gravity of the events. 2

Page 68, ARTICLE 250
To request the judge responsible for the control of [the constitutional] guarantees to take the measures which ensure the appearance of the presumptive offenders of the penal law at the trial, the conservation of evidence and the protection of the community, and in particular of the victims.
ARTICLE 277
2. To protect human rights and insure their effectiveness, with the assistance of the Ombudsman.

Page 79,
ARTICLE 278
Exhort Congress to pass laws that insure the promotion, exercise, and protection of human rights and demand their execution from the competent authorities.
Page 111,
ARTICLE 369
An Act shall determine the duties and rights of users, the regime of their protection, and theirforms of participation in the management and funding of the State enterprises that provide the service. Similarly, an Act shall dene the participation of the municipalities
Other
Page 68, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER VI. ON THE OFFICE OF ATTORNEY GENERAL OF THE NATION, ARTICLE 250
It is the responsibility of the Office of the Attorney General of the Nation, in the discharge of its duties or following a denunciation, special petition or dispute, to bring criminal charges and to conduct the investigation of the facts which may constitute offenses, if there are sufficient reasons to assume the commission of an offense. Excepted are the crimes committed by members of the public force in active service and related to the same service. For such a purpose, the Office of the Attorney General of the Nation shall do the following:
...
7. To oversee the protection of victims, juries, witnesses, and all other intervening parties in the criminal procedure. An Act shall determine the manner in which the victims may intervene in the criminal procedure and mechanisms of restorative justice.Page 15, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES
CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS
ARTICLE 65
The production of food crops shall benet from the special protection of the State. Forthat purpose, priority shall be given to the integral development of agricultural, animal husbandry, shing, forestry, and agroindustrial activities as well as to the building of physical infrastructural projects and to land improvement.

Page 16, ARTICLE 67
Education is an individualright and a public service that has a social function. Through education individuals seek access to knowledge, science, technology, and the other benets and values of knowledge. Education shall train the Colombian when it comes to respect for human rights, peace, and democracy, and in the practice of work and recreation for cultural, scientic, and technological improvement and forthe protection of the environment

Page 17, ARTICLE 72
The nation’s cultural heritage is underthe protection of the State…
Page 18, CHAPTER III. ON COLLECTIVE RIGHTS AND THE ENVIRONMENT

Page 17, ARTICLE 79
It is the duty of the State to protect the diversity and integrity of the environment, to conserve the areas of special ecological importance, and to foster education forthe achievement of these ends.

Page 18, ARTICLE 80
The state shall plan the handling and use of naturalresources in orderto guarantee their sustainable development, conservation,restoration, orreplacement. Additionally, it shall caution and control the factors of environmental deterioration, impose legal sanctions, and demand the repair of any damage caused. In the same way, it shall cooperate with other nations in the protection of the ecosystems located in the border areas.

Page 18, ARTICLE 82
It is the duty of the State to watch overthe protection of the integrity of public space and forits assignment to common use, which has priority overthe individual interest.

Page 29, TITLE III. ON THE POPULATION AND THE TERRITORY
CHAPTER I. ON NATIONALITY
ARTICLE 118
The Public Ministry shall be made up of the General Prosecutor of the Nation, the Ombudsman, the assigned public prosecutors, and the agents of the Public Ministry before the legal authorities, as well as by municipal representatives and other ofcial determined by an Act. It is the responsibility of the Public Ministry to defend and promote human rights, to protect the public interest, and to oversee the ofcial conduct of those who perform public functions

Page 81,
ARTICLE 289
Underthe authority of an Act, the departments and municipalities located in border areas may promote directly with the territorial entity bordering on the neighboring country on a level of equality, cooperation, and integration, programs whose purpose is to promote community development, the lending of public services, and the protection of the environment.

Page 91,
ARTICLE 317
Only municipalities may tax real estate. This does not bar other entities from imposing appraisal levies. An Act shall allocate a percentage of these taxes, which may not exceed the average of existing tax surcharges, to the entities entrusted with the protection and conservation of the environment and the renewable natural resources, in accordance with the development plans of the municipalities of the area under their jurisdiction.
Human rights framework
Isolated rights
Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 23

Every individual has the right to present respectful petitions to the authorities on account of general or private interest and to secure prompt resolution of same. The legislative body shall be able to regulate its exercise by private organizations in order to guarantee fundamental rights.

Page 15, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 64

It is the duty of the State to promote the gradual access of agricultural workers to landed property in individual or associational form and to services involving education, health, housing, social security, recreation, credit, communications, the marketing of products, technical and management assistance with the purpose of improving the incomes and quality of life of the peasants.


Page 19, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS

ARTICLE 86
Every individual may claim legal protection before the judge, at any time or place, through a preferential and summary proceeding, for himself/herself or by whoever acts in his/her name, the immediate protection of his/her fundamental constitutional rights when the individual fears the latter may be jeopardized or threatened by the action or omission of any public authority.

...

ARTICLE 89
In addition to what is mentioned in the previous articles, an Act shall determine the other resources, actions, and procedures necessary to protect, through the integrity of the legal order, the individual rights of groups or collectives against the acts or omissions of public authorities.

Page 62, TITLE VIII. ON THE JUDICIAL BRANCH CHAPTER I. GENERAL PROVISIONS, ARTICLE 229

The right of any individual to have access to the administration of justice is guaranteed. An Act shall stipulate in which cases this may be done without the representation of counsel.
Bill of rights
Colombia possesses a Constitution containing extensive individual rights and social guarantees; 85 of the 380 articles establish the rights, guarantees and duties of citizens, without prejudice to the other rights of the person established in the international covenants ratified by the country. The Constitution establishes special guarantees for the indigenous peoples and Afrocolombian and island communities.

Title II of the Constitution contains 5 chapters and 85 articles relating to the protection, promotion and defence of human rights.

These are: Chapter 1. Concerning fundamental rights (articles 11 to 41);

Chapter 2. Concerning social, economic and cultural rights (articles 42 to 77);

Chapter 3. Concerning collective rights and the environment (articles 78 to 82);

Chapter 4. Concerning the protection and application of rights (articles 83 to 94);

Chapter 5. Concerning duties and obligations (article 95).
(a) Action of protection. The Constitution establishes protection as the action "whereby an individual may, at any time and in any place, appeal to the judges of the Republic, in person or through a representative acting on his/her behalf, by means of a preferential and summary procedure, to claim immediate protection of his/her fundamental constitutional rights should any of these rights be jeopardized or threatened by any action or omission of any public authority". Recourse to this action results in protection for the person consisting of an order whereby the party in respect of whom protection is sought shall act or refrain from action. This order, which is executory with immediate effect, may be challenged before the competent judge, who may refer to the Constitutional Court if review is sought. Recourse may only be made to this action when the affected party has no other means of judicial defence. The time limit for resolution of a request for protection may not exceed 10 days from the date of application; Prevalence of international treaties on human rights. International treaties and conventions ratified by the Congress that recognize human rights and prohibit their limitation during states of emergency shall have priority in domestic law. Human rights shall be interpreted in accordance with the international treaties ratified by Colombia. Office of People's Advocate includes: National Directorate for the Promotion and Dissemination of Human Rights;
Treaty incorporation
Page 8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 44

The following are basic rights of children: life, physical integrity, health and social security, a balanced diet, their name and citizenship, to have a family and not be separated from it, care and love, instruction and culture, recreation, and the free expression of their opinions. They shall be protected against all forms of abandonment, physical or moral violence, sequestration, sale, sexual abuse, work or economic exploitation, and dangerous work. They shall also enjoy other rights upheld in the Constitution, the laws, and international treaties ratified by Colombia.

...

Page 20, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS,

ARTICLE 93
International treaties and agreements ratified by Congress that recognize human rights and prohibit their limitation in states of emergency have domestic priority.

The rights and duties mentioned in this Charter shall be interpreted in accordance with international treaties on human rights ratified by Colombia.

The Colombian State may recognize the jurisdiction of the International Criminal Court in terms of the Rome Statute adopted on July 17, 1998 by the United Nations Plenipotentiary’s Conference and, consequently, ratify said treaty in accordance with the procedure established by this Constitution.

The admission of a different treatment on substantial matters by the Rome Statute with respect to the guarantees contained in this Constitution shall produce effects only within the scope of application of the latter.

ARTICLE 94
The enunciation of the rights and guarantees contained in the Constitution and in international agreements in effect should not be understood as a negation of others which, being inherent to the human being, are not expressly mentioned in them.
Civil and political rights
Life
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 11

The right to life is inviolate. There shall be no death penalty.

Page 5-6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,

ARTICLE 34
Punishments of exile, life imprisonment, and confiscation are prohibited.

However, a judicial sentence may nullify ownership of property when same is injurious to the public treasury or seriously harmful to social morality.
Torture
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 12

No one shall be subjected to forced sequestration, torture, cruel, inhuman, or degrading treatment or punishment.
Equality
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 13

All individuals are born free and equal before the law, shall receive equal protection and treatment from the authorities, and shall enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy.

The State shall promote the conditions so that equality may be real and effective and shall adopt measures in favor of groups that are discriminated against or marginalized.
The State shall especially protect those individuals who on account of their economic, physical, or mental condition are in obviously vulnerable circumstances and shall sanction the abuses or ill-treatment perpetrated against them.

Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 43
Women and men have equal rights and opportunities. Women cannot be subjected to any type of discrimination. During their periods of pregnancy and following delivery, women shall benefit from the special assistance and protection of the State and shall receive from the latter food subsidies if they should thereafter find themselves unemployed or abandoned.

The State shall support the female head of household in a special way.
Slavery
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 17

Slavery, servitude, and the slave trade in all forms are prohibited.
Liberty and security of person
Page 19, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS
ARTICLE 86, Every individual may claim legal protection before the judge, at any time or place, through a preferential and summary proceeding, for himself/herself or by whoever acts in his/her name, the immediate protection of his/her fundamental constitutional rights when the individual fears the latter may be jeopardized or threatened by the action or omission of any public authority.
Freedom of movement
Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 24

Any Colombian citizen, except for the limitations established by statute, has the right to move about freely across the national territory, to enter and exit the country, and to remain and reside in Colombia.

Page 5-6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,

ARTICLE 34
Punishments of exile, life imprisonment, and confiscation are prohibited.

However, a judicial sentence may nullify ownership of property when same is injurious to the public treasury or seriously harmful to social morality.
Freedom of association
Page 6-7, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,

ARTICLE 37
Any group of individuals may gather and demonstrate publicly and peacefully. An Act alone may establish in specific manner those cases in which the exercise of this right may be limited.

ARTICLE 38
The right of free association for the promotion of various activities that individuals pursue in society is guaranteed.

ARTICLE 39
Workers and employers have the right to form trade unions or associations without interference by the State. Their legal recognition shall occur by the simple registration of their constituent act.

The internal structure and functioning of trade unions and social or labor organizations shall be subject to the legal order and to democratic principles.

The cancellation or suspension of legal identity may only occur through legal means.

Trade union representatives are provided jurisdiction and other guarantees necessary for the performance of their administration.

Members of the police force do not have the right to form associations.
Fair trial
Page 5, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,

ARTICLE 28
Every individual is free. No one may be importuned in his/her person or family, sent to jail or arrested, nor may his/her home be searched except on the basis of a written order from a competent judicial authority, subject to the legal procedures and for reasons previously defined by statute.

A person in preventive detention shall be placed at the disposition of a competent judge within the subsequent 36 hours so that the latter may make an appropriate determination within the limits established by statute.

In no case may there be detention, a prison term, or arrest for debts, nor sanctions or security measures that are not prescribed.

ARTICLE 29
Due process shall be applied in all cases of legal and administrative measures.

No one may be judged except in accordance with previously written laws which shall provide the basis of each decision before a competent judge or tribunal following all appropriate forms.

In criminal law, permissive or favorable law, even when ex post facto, shall be applied in preference to restrictive or unfavorable alternatives.

Every individual is presumed innocent until he/she is proved to be legally guilty. Whoever is accused is entitled to defense and the assistance of counsel picked by the accused or assigned automatically during the investigation and trial; to an appropriate public trial without unreasonable delay; to present evidence and to refute evidence alleged against the accused; to challenge the condemnatory sentence; and not to be placed in double jeopardy for the same act.

Evidence obtained in violation of due process is null and void by right.

ARTICLE 30
Whoever is deprived of his/her freedom and believes to be so illegally is entitled to invoke habeas corpus before any legal authority, at any time, on his/her own or through a third party. Habeas corpus must be complied with within 36 hours.

Page 5, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 31, Any judicial sentence may be appealed or adjudicated, but for exceptions provided by statute. When the accused is the sole appellant, the higher court may not impose a heavier penalty.

Page 6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 33, No one may be forced to testify against himself/herself or his/her spouse, permanent companion, or kin to the fourth level of consanguinity, the second level of affinity [by marriage] or the first civil level.
Privacy and family life
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 15

All individuals have the right to personal and family privacy and to their good reputation, and the State has to respect them and to make others respect them. Similarly, individuals have the right to know, update, and rectify information collected about them in data banks and in the records of public and private entities.

Freedom and the other guarantees approved in the Constitution shall be respected in the collection, processing, and circulation of data.

Correspondence and other forms of private communication may not be violated. They may only be intercepted or recorded on the basis of a court order in cases and following the formalities established by statute.

For tax or legal purposes and for cases of inspection, the oversight and intervention of the State may demand making available accounting records and other private documents within the limits provided by statute.

Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 42

The family is the basic nucleus of society. It is formed on the basis of natural or legal ties, through the free decision of a man and woman to contract matrimony or through the responsible resolve to comply with it.

The state and society guarantee the integral protection of the family. An Act shall determine the inalienable and unseizable family patrimony. The family’s honor, dignity, and intimacy are inviolable.

Family relations are based on the equality of rights and duties of the couple and on the reciprocal respect of all its members. Any form of violence in the family is considered destructive of its harmony and unity, and shall be sanctioned according to law.

The children born of matrimony or outside it, adopted or conceived naturally or with scientific assistance, have equal rights and duties. An Act shall regulate responsibility to the offspring.

The couple has the right to decide freely and responsibly the number of their children and shall support them and educate them while they are minors or non-self-supporting.

The forms of marriage, the age and qualifications to contract it, the duties and rights of the spouses, their separation and the dissolution of the marriage ties are determined by statute.

Religious marriages shall have civil effects within the limits established by statute. The civil effects of all marriages may be terminated by divorce in accordance with civil law.

Also having civil effects are decrees of annulment of religious marriages issued by the authorities of the respective faiths within the limits established by statute.

An Act shall determine matters relating to the civil status of individuals and consequent rights and duties.
Vote and take part
Page 7, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 40

Any citizen has the right to participate in the establishment, exercise, and control of political power. To make this decree effective the citizen may:
1. Vote and be elected.
2. Participate in elections, plebiscites, referendums, popular consultations, and other forms of democratic participation.
3. Constitute parties, political movements, or groups without any limit whatsoever; freely participate in them and diffuse their ideas and programs.
4. Revoke the mandate of those elected in cases where it applies and in the form provided for by the Constitution and the statute.
5. Take initiatives in public bodies.
6. Undertake public measures in defense of the Constitution and the law.
7. Agree to undertake public functions and responsibilities, except for those Colombian citizens, native-born or naturalized, who hold dual citizenship. An Act shall spell out this exception and shall determine the cases where they apply.
The authorities shall guarantee the adequate and effective participation of women in the decision-making ranks of the public administration.

Page 71, TITLE IX. ON ELECTIONS AND THE ELECTORAL SYSTEM CHAPTER I. ON THE SUFFRAGE AND ELECTIONS ARTICLE 258

Voting is both a right and a duty of citizens. [...]
Thought, opinion, conscience and religion
Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 18

Freedom of conscience is guaranteed. No one shall be importuned on account of his/her convictions or beliefs or compelled to reveal them or obliged to act against his/her conscience.

...

ARTICLE 19
Freedom of religion is guaranteed. Every individual has the right to freely profess his/her religion and to disseminate it individually or collectively. All religious faiths and churches are equally free before the law.

ARTICLE 20
Every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass communications media.

The latter are free and have social responsibility. The right to make corrections under conditions of equity is guaranteed. There shall be no censorship.
Other
Page 3, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,

ARTICLE 14
Every individual has the right to have his/her legal identity recognized.

...

ARTICLE 16

All individuals are entitled to the unrestricted development of their identity without limitations other than those imposed by the rights of others and the legal order.

Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 21
The right to dignity is guaranteed. An Act shall provide the manner in which it shall be upheld.

Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 22
Peace is a right and a duty of which compliance is mandatory.

Page 6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 36,
The right of asylum is recognized within the limits provided by statute.

Page 8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 44
... The rights of children take precedence over the rights of others.

Page 19, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS
ARTICLE 87, Any individual may appear before the legal authority to effect the application of a law or administrative act. In case of a successful action, the sentence shall order the delinquent authority to perform its mandated duty.
Socio-economic rights
Property
Page 5-6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,

ARTICLE 34
Punishments of exile, life imprisonment, and confiscation are prohibited.

However, a judicial sentence may nullify ownership of property when same is injurious to the public treasury or seriously harmful to social morality.

Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 58

Private property and the other rights acquired in accordance with civil laws are guaranteed and may neither be disregarded nor infringed by subsequent laws. When in the application of a law enacted for reasons of public utility or social interest a conflict between the rights of individuals and the interests recognized by the law arises, the private interest shall yield to the public or social interest.
Work
Page 5, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 25

Work is a right and a social obligation and enjoys, in all its forms, the special protection of the State. Every individual is entitled to a job under dignified and equitable conditions.

ARTICLE 26
Every individual is free to choose a profession or occupation. An Act may mandate certificates of competence. The competent authorities shall inspect and oversee the exercise of the professions. Occupations, the arts, and work that does not require academic training are to be freely exercised, except for those which involve social risk.

Legally recognized professions may be organized into professional associations. The internal structure and operation of the latter shall be democratic. An Act may assign public functions to them and establish appropriate controls.

Page 97, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER I. GENERAL PROVISIONS

...

In all cases the rights acquired by the workers shall be respected.
Health
Page 10-11, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 49

Public health and environmental protection are public services for which the State is responsible. All individuals are guaranteed access to services that promote, protect, and restore health.

It is the responsibility of the State to organize, direct, and regulate the provision of health services to the inhabitants and of environment protection in accordance with the principles of efficiency, universality, and solidarity; in addition, to establish policies for the provision of health services by private entities and to exercise oversight and control over them; and to establish the competences of the nation, territorial entities, and individuals, and to determine the subsidies to their tasks in the terms and conditions established by statute.

...

Every individual has the right to have access to the integral care of his/her health and that of his/her community.

In addition, the State shall give special attention to the dependent sick or addict individual and his/her family in order to strengthen it in respect of values and principles which contribute to the prevention of behaviour affecting the comprehensive care for the health of the persons concerned and, by extension, of the community, and shall develop in a permanent manner campaigns for the prevention of consumption of drugs and narcotic substances and in favor of the rehabilitation of addicts.

Page 12, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 50
Any child under a year old who may not be covered by any type of protection or Social Security shall be entitled to receive free care in all health entities that receive state subsidies. An Act shall regulate the matter.
Education
Page 15, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 67

Education is an individual right and a public service that has a social function. Through education individuals seek access to knowledge, science, technology, and the other benefits and values of knowledge.

Education shall train the Colombian when it comes to respect for human rights, peace, and democracy, and in the practice of work and recreation for cultural, scientific, and technological improvement and for the protection of the environment. The state, society, and the family are responsible for education, which shall be mandatory between the ages of five and fifteen years and which shall minimally include one year of preschool instruction and nine years of basic instruction.

Education shall be free of charge in the State institutions, without prejudice to those who can afford to defray the costs.

It is the responsibility of the State to perform the final inspection and supervision of education in order to oversee its quality, for fulfilling its purposes, and for the improved moral, intellectual, and physical training of those being educated; to guarantee an adequate supply of the service, and to guarantee for minors the conditions necessary for their access to and retention in the educational system.

The nation and the territorial entities shall participate in the management, financing, and administration of state educational services within the limits provided for in the Constitution and statute.
Shelter/housing
Page 12, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 51

All Colombian citizens are entitled to live in dignity. The State shall determine the conditions necessary to give effect to this right and shall promote plans for public housing, appropriate systems of long-term financing, and community plans for the execution of these housing programs.
Social security
Page 9-10, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 48

Social Security is a mandatory public service which shall be delivered under the administration, coordination, and control of the State, subject to the principles of efficiency, universality, and solidarity within the limits established by statute.

All inhabitants are guaranteed the irrevocable right to Social Security.

...

The State shall guarantee the rights resulting from the Pensions Systems, its financial sustainability, it shall respect vested rights in accordance with the law and assume the payment of the pension debt for which it is responsible according to the law. The statutes which are enacted on pension matters subsequent to the entry into force of this Legislative Act have to ensure the financial sustainability of the arrangements made by them.

...

In pension matters all vested rights are respected.

Page 110, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER V. ON THE SOCIAL PURPOSE OF THE STATE AND OF THE PUBLIC SERVICES

ARTICLE 365
The public services are inherent in the social purpose of the State. It is the duty of the State to insure the efficient provision thereof to all the inhabitants of the national territory.

...

ARTICLE 366
The general well-being and improvement of the population’s quality of life are social purposes of the State. A basic objective of their activity shall be to address the unfulfilled public health, educational, environmental, and drinking water needs of those affected.

...
ARTICLE 369
An Act shall determine the duties and rights of users, the regime of their protection, and their forms of participation in the management and funding of the State enterprises that provide the service. Similarly, an Act shall define the participation of the municipalities or their representatives in the entities and enterprises that provide the home public services.
Other
Page 5, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 27

The State guarantees freedom of teaching at the primary and secondary level, apprenticeship, research, and professorship.


Page 95, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER I. GENERAL PROVISIONS

ARTICLE 333
Economic activity and private initiative must not be impeded within the limits of the public good. For their exercise, no one may demand prior permission or licenses without authorization of an Act.

Free economic competition is a right of everyone, entailing responsibilities.

The enterprise, as a basis of development, has a social function that implies obligations. The state shall
strengthen the joint organizations and stimulate enterprise development.

The State, mandated by an Act, shall check the impediments to or restrictions of economic freedom and shall avoid or control any abuse that individuals or enterprises may create thanks to their dominant position in the national marketplace.

An Act shall delimit the scope of economic freedom when the social interest, the environment, and the cultural patrimony of the nation demand it
NHRI
New or fundamentally revised NHRI
The supervisory organs of the State are the Public Ministry and the Office of the Controller-General of the Republic. The Public Ministry is composed of the Attorney-General, the People's Advocate, designated attorneys, agents of the Public Ministry, municipal representatives and other officials determined by the law. It is the responsibility of this Ministry to safeguard and promote human rights, to protect the public interest and to oversee the official conduct of those who perform public functions. The Office of the Controller-General of the Republic has the duty to oversee fiscal management and to monitor administrative performance.

Page 29-30, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE

ARTICLE 117
The Public Ministry and the Office of the Controller General of the Republic are control organs.

ARTICLE 118
The Public Ministry shall be made up of the General Prosecutor of the Nation, the Ombudsman, the assigned public prosecutors, and the agents of the Public Ministry before the legal authorities, as well as by municipal representatives and other official determined by an Act. It is the responsibility of the Public Ministry to defend and promote human rights, to protect the public interest, and to oversee the official conduct of those who perform public functions.

ARTICLE 119
The Office of the Controller General of the Republic has the duty to oversee fiscal management and to control administrative performance.

Page 78-79, TITLE X. ON THE CONTROL ORGANISMS, CHAPTER II. ON THE PUBLIC MINISTRY

ARTICLE 277
The General Prosecutor of the Nation, by himself/herself or through his/her delegates and agents, shall have the following functions:

...

2. To protect human rights and insure their effectiveness, with the assistance of the Ombudsman.

3. To defend the interests of society.

4. To defend the collective interests, especially the environment.


Page 80-81, TITLE X. ON THE CONTROL ORGANISMS, CHAPTER II. ON THE PUBLIC MINISTRY,

ARTICLE 281
The Ombudsman shall be part of the Public Ministry and shall exercise his/her functions under the supreme direction of the General Prosecutor of the Nation. He/She shall be elected for a term of four years on a proposal drawn up by the President of the Republic.

ARTICLE 282
The Ombudsman shall oversee the promotion, exercise, and publicizing of human rights for which purpose he/she shall exercise the following functions:
1. Guiding and instructing the inhabitants of the national territory and Colombians abroad in the exercise and defense of their rights before the competent authorities or private entities.
2. Publicizing human rights and recommending policies for making them known.
3. Invoking the right of habeas corpus and engaging in protective action without prejudice to the right of interested parties.
4. Organizing and directing the public defense counsel in the conditions stipulated by statute.
5. Mediating popular measures in matters falling under his/her jurisdiction.
6. Presenting proposed bills on matters falling under his/her jurisdiction.
7. Making reports to Congress on the exercise of his/her functions.
8. Other matters stipulated by statute.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
Page 5-6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 32
The accused who is caught in the act of committing and offense (agrante delicto) may be apprehended and taken before a judge by any individual. Should he/she be subject to hot pursuit by the agents of law and order and take refuge in his/her own home, the law-enforcement agents may enter the domicile to apprehend the accused. Should the accused be caught in someone else’s home, a request from the resident shall be sought beforehand.
Media and communication
Media roles
Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 20

Every individual is guaranteed the freedom to express and diffuse his/her thoughts and opinions, to transmit and receive information that is true and impartial, and to establish mass communications media.

The latter are free and have social responsibility. The right to make corrections under conditions of equity is guaranteed. There shall be no censorship.

Page 16-17, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 73

Journalistic activity is protected to guarantee its freedom and professional independence.

Page 17, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 77
The Congress of the Republic shall adopt an Act which determines the policy on matters of television.

Page 27, CHAPTER II. ON POLITICAL PARTIES AND POLITICAL MOVEMENTS, ARTICLE 111

The political parties and movements having legal capacity have the right to use media of communication making use of the electromagnetic spectrum at all times in accordance with the relevant statute. The latter shall also determine the conditions and the form in which the duly registered parties, political movements and candidates have access to said media.

Page 27-28, CHAPTER III. ON THE STATUS OF THE OPPOSITION, ARTICLE 112

The political parties and movements with legal personality which declare themselves to be in opposition to the government may freely formulate their critical stance towards the latter and plan and develop alternative policies. For these purposes, they enjoy the following rights: access to official information and documentation, with the constitutional and legal restrictions; the use of the means of social communication of the State or of those that use the electromagnetic spectrum, in accordance with the representation obtained in the immediately preceding Congressional elections; and the right to reply in the same media.

Minority parties and movements with legal personality shall have the right to participate in the executive committees of the collegiate bodies, in accordance with their representation in them.

A statutory law shall regulate the matter in its entirety.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
Reform to specific laws
Page 5-6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 29
... In criminal law, permissive or favorable law, even when ex post facto, shall be applied in preference to restrictive or unfavorable alternatives.
Every individual is presumed innocent until he/she is proved to be legally guilty. Whoever is accused is entitled to defense and the assistance of counsel picked by the accused or assigned automatically during the investigation and trial; to an appropriate public trial without unreasonable delay; to present evidence and to refute evidence alleged against the accused; to challenge the condemnatory sentence; and not to be placed in double jeopardy for the same act.
Evidence obtained in violation of due process is null and void by right.

Page 19, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS
ARTICLE 88, An Act shall regulate popular actions for the protection of collective rights and interests related to the homeland, space, public safety and health, administrative morality, the environment, free economic competition, and other areas of similar nature defined in it.
It shall also regulate the actions stemming from the harm caused to a large number of individuals, without barring appropriate individual action.
In the same way, it shall define cases of responsibility of a civil nature for the damage caused to collective rights and interests.

Page 19, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS
ARTICLE 89
In addition to what is mentioned in the previous articles, an Act shall determine the other resources, actions, and procedures necessary to protect, through the integrity of the legal order, the individual rights of groups or collectives against the acts or omissions of public authorities.
Criminal Justice System reform
Page 5-6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 29
... In criminal law, permissive or favorable law, even when ex post facto, shall be applied in preference to restrictive or unfavorable alternatives.
Every individual is presumed innocent until he/she is proved to be legally guilty. Whoever is accused is entitled to defense and the assistance of counsel picked by the accused or assigned automatically during the investigation and trial; to an appropriate public trial without unreasonable delay; to present evidence and to refute evidence alleged against the accused; to challenge the condemnatory sentence; and not to be placed in double jeopardy for the same act.
Evidence obtained in violation of due process is null and void by right.

Page 5-6, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 32
The accused who is caught in the act of committing and offense (agrante delicto) may be apprehended and taken before a judge by any individual. Should he/she be subject to hot pursuit by the agents of law and order and take refuge in his/her own home, the law-enforcement agents may enter the domicile to apprehend the accused. Should the accused be caught in someone else’s home, a request from the resident shall be sought beforehand.

Page 19-20, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS
ARTICLE 90
The state shall answer materially for the extralegal damages for which it is responsible, caused by the acts or omissions of public authorities.
In the event that the State is ordered to make compensation for some damage or another, which may have been the consequence of the fraudulent or seriously criminal behavior of one of its agents, the former shall claim restitution from the latter.

Page 19-20, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS
ARTICLE 92
Every person or legal entity may solicit from the competent authority the application of penal or disciplinary sanctions stemming from the behavior of public authorities.

Page 60-61, CHAPTER VII. ON THE PUBLIC FORCE, ARTICLE 221
The Martial or Military Tribunals will have jurisdiction over offenses committed by the members of the public force on active service and in relation to their service, in accordance to the prescriptions of the Military Penal Code. These courts and tribunals will be composed of members of the public force on active duty or retired.
The military or police criminal justice system shall not have jurisdiction over crimes against humanity, and crimes of genocide, forced disappearances, extrajudicial executions, sexual violence, torture, or forced displacement. Police, Martial or Military Tribunals shall have jurisdiction only over violations of international humanitarian law committed by members of the public force, except in the offenses mentioned above.
If the security forces action is related to an armed conflict, such action shall be investigated and tried by the judicial authorities, and international humanitarian law shall always be applied to these cases. A statute shall specify the norms of interpretation and application of this statute, and determine how to harmonize criminal law with international humanitarian law.
If an action, operation, or procedure performed by the public force derives in any punishable conduct, and there is doubt about whether the case falls under de jurisdiction of the Military Criminal Justice, a Technical Commission for Coordination may exceptionally intervene. The commission will be composed of representatives of the military criminal jurisdiction and the ordinary criminal tribunals, supported by their respective judicial police bodies. The statutory law shall regulate the composition and functioning of this commission, the way in which the judicial police bodies from the ordinary and military criminal jurisdictions shall support it, and determine the deadlines that the commission must comply with.
The statutory law can create ordinary courts and police criminal tribunals, and adopt a Police Criminal Code.
The statutory law shall further develop the military criminal justice system guarantees of autonomy and impartiality. Furthermore, an ordinary law shall regulate a structure and a career system independent from the institutional authority.
A fund, specifically aimed to finance a Technical and Specialized Defense System for the public force members, shall be created according to the law. The fund shall be under the authority, direction, and coordination of the Ministry of National Defense.
Public force members shall comply with pre-trial detention in the detention centers established for them, and in the absence of these centers, they shall comply with it on the premises of the unit to which they belong. Public force members shall serve time in prisons and detention centers established for members of the security forces.
Delimitation of powers in Criminal Justice System
Page 60-61, CHAPTER VII. ON THE PUBLIC FORCE, ARTICLE 221
The Martial or Military Tribunals will have jurisdiction over offenses committed by the members of the public force on active service and in relation to their service, in accordance to the prescriptions of the Military Penal Code. These courts and tribunals will be composed of members of the public force on active duty or retired.
The military or police criminal justice system shall not have jurisdiction over crimes against humanity, and crimes of genocide, forced disappearances, extrajudicial executions, sexual violence, torture, or forced displacement. Police, Martial or Military Tribunals shall have jurisdiction only over violations of international humanitarian law committed by members of the public force, except in the offenses mentioned above.
If the security forces action is related to an armed conflict, such action shall be investigated and tried by the judicial authorities, and international humanitarian law shall always be applied to these cases. A statute shall specify the norms of interpretation and application of this statute, and determine how to harmonize criminal law with international humanitarian law.
If an action, operation, or procedure performed by the public force derives in any punishable conduct, and there is doubt about whether the case falls under de jurisdiction of the Military Criminal Justice, a Technical Commission for Coordination may exceptionally intervene. The commission will be composed of representatives of the military criminal jurisdiction and the ordinary criminal tribunals, supported by their respective judicial police bodies. The statutory law shall regulate the composition and functioning of this commission, the way in which the judicial police bodies from the ordinary and military criminal jurisdictions shall support it, and determine the deadlines that the commission must comply with.
The statutory law can create ordinary courts and police criminal tribunals, and adopt a Police Criminal Code.
The statutory law shall further develop the military criminal justice system guarantees of autonomy and impartiality. Furthermore, an ordinary law shall regulate a structure and a career system independent from the institutional authority.
A fund, specifically aimed to finance a Technical and Specialized Defense System for the public force members, shall be created according to the law. The fund shall be under the authority, direction, and coordination of the Ministry of National Defense.
Public force members shall comply with pre-trial detention in the detention centers established for them, and in the absence of these centers, they shall comply with it on the premises of the unit to which they belong. Public force members shall serve time in prisons and detention centers established for members of the security forces.

Page 64-65, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER III. ON CONTENTIOUS ADMINISTRATIVE JURISDICTION
ARTICLE 236, The Council of State shall be composed of an uneven number of judges determined by statute. The Council shall be broken down into Houses and sections to separate its jurisdictional functions from the others assigned to it by the Constitution and the statute.
An Act shall stipulate the functions of each of the Houses and sections, the number of judges that comprises them, and their internal organization.
State of emergency provisions
Page 20, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS, ARTICLE 93
International treaties and agreements ratified by Congress that recognize human rights and prohibit their limitation in states of emergency have domestic priority.

Page 57-58, CHAPTER VI. ON THE STATES OF EXCEPTION, ARTICLE 215
When events different from those provided for in Articles 212 and 213 occur that disrupt or threaten to disrupt in serious or imminent manner the economic, social, or ecological order of the country or which constitute a grave public calamity, the President, with the signature of all the ministers, may declare a state of emergency for periods up to 30 days in each case which, in all, may not exceed 90 days in a calendar year.
By means of such a declaration which shall be justified, the President may, with the signature of all the ministers, issue decrees with the force of law, slated exclusively to check the crisis and halt the extension of its effects.
These decrees may refer to matters that have direct and specific connection with the state of emergency and may, in a provisional manner, establish new taxes or amend existing ones. In these latter cases, the measures shall stop being in effect at the end of the subsequent fiscal year, except when Congress, during the subsequent year, should grant them permanent character.
In the decree declaring the state of emergency, the government shall stipulate the deadline within which it would use its extraordinary powers in situations referred to in this Article and shall convene Congress if the latter should not be met within the 10 days following the expiration of the said deadline.
The Congress shall examine for a period of up to 30 days, extendable by agreement of the two Houses, the report with explanations presented to it by the government on the causes justifying the state of emergency and the measures adopted and shall make an express pronouncement on the convenience and appropriateness of same.
During the year subsequent to the declaration of emergency, Congress may repeal, amend, or add to the decrees to which this article refers in areas that ordinarily fall under the Government’s jurisdiction. In connection with those that fall under the jurisdiction of its members, Congress may exercise said powers at all times.
If it is not convened, Congress shall meet in its own right under the conditions and for the purposes provided for in this article.
The President of the Republic and the ministers shall be responsible when they declare a state of emergency without there being present any of the circumstances provided for in the first clause and shall also be responsible for any abuse committed in the exercise of the powers which the Constitution assigns to the Government during an emergency.
The government may not infringe on the social rights of workers through the decrees mentioned in this article.
Judiciary and courts
Page 4, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS,
ARTICLE 23, The judicial branch is composed of the Constitutional Court; the Supreme Court of Justice, with its civil, criminal and labour divisions; the Council of State, the supreme administrative tribunal; the Higher Council of the Judicature, the supreme administrative and disciplinary authority of the judicial branch; the Office of the Public Prosecutor; the higher district courts and the circuit judges and municipal judges.

Page 28-29, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I. ON THE STRUCTURE OF THE STATE, ARTICLE 116
The Constitutional Court, the Supreme Court of Justice, the Council of State, the Supreme Council of the Judiciary, the Office of Attorney General of the Nation, the tribunals and the judges administer justice. So does the Military Criminal Justice System.
Congress shall exercise specific judicial functions.
Exceptionally, an Act may assign jurisdictional functions in specific subject areas to specified administrative authorities. However, they shall not be allowed to hold summary proceedings or to judge crimes.
Individuals may be entrusted temporarily with the function of administering justice as jurors in criminal proceedings, as mediators or as arbitrators authorized by the parties to issue verdicts in law or in equity in the terms defined by an Act.
A Court of Criminal Guarantees with national and criminal jurisdiction shall be created. It shall have the following powers:
1. To preferably, serve as judge by guaranteeing the legal control of any investigation or criminal proceedings against the armed forces members.
2. To preferably, control criminal indictment against the armed forces members, to ensure the fulfillment of the material and formal conditions to start the oral trial.
3. To permanently settle jurisdiction conflicts between ordinary courts and the Military Criminal Jurisdiction.
4. Other functions assigned by statute.
The Court of Criminal Guarantees shall be composed of eight (8) judges, four (4) of whom shall be members of the security forces in retreat. Its members shall be elected by the Government Chamber of the Supreme Court of Justice, the Government Chamber of the Council of State, and the Constitutional Court in plenary. Retired members of the armed forces shall be elected from four (4) lists of three nominations sent by the President
A statute shall establish the requirements to be a magistrate, the ineligibility and incompatibility regime, the candidate’s nomination mechanism, the selection procedure and any other issue concerning organization and functions of the Court of Criminal Guarantees.

Page 41, TITLE V. ON THE ORGANIZATION OF THE STATE CHAPTER I., TRANSITIONAL PARAGRAPH
ARTICLE 156
The Constitutional Court, the Supreme Council of the Judiciary, the Supreme Court of Justice, the Council of State, the National Election Commission, the General Prosecutor of the Nation, or the Controller General of the Republic have the right to introduce bills in subject areas related to their functions.

[Summary] Page 62-71 in its entirety pertains to the judiciary and courts.
Article 231-233 sets out the criteria to be a judge of the Constitutional Court, the Supreme Court of Justice and the Council of State, and sets out the mandate for judges of the respective Courts.

Page 63-64, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER II. ON ORDINARY JURISDICTION
ARTICLE 234, The Supreme Court of Justice is the highest court of ordinary jurisdiction and shall comprise an uneven number of judges determined by an Act. The latter shall divide the Court into Houses, shall assign to each of them the matters that it has to take cognizance of separately, and determine those matters that must be heard by the entire bench.
ARTICLE 235, The Supreme Court of Justice has the following powers:
1. To act as a court of cassation.
2. To judge the President of the Republic or whoever replaces him/her and the senior officials covered by Article 174 for any punishable deed imputed to them, in accordance with Article 175, paragraphs 2 and 3.
3. To investigate and try members of the Congress.
4. To try, upon the charges brought by the Attorney General of the Nation, the Deputy Attorney General of the Nation or his/her representatives from the investigation unit at the Supreme Court of Justice, ministers or the Cabinet, the Public Prosecutor, the Ombudsman, the agents of the Public Ministry before the Court, before the Council of State, and before the tribunals; the directors of the administrative departments, the Controller General of the Republic, the ambassadors and chiefs of diplomatic or consular mission, the governors, the judges of tribunals, and the generals and admirals of the public force for punishable deeds with which they are charged.
5. To take cognizance of all contentious issues of diplomatic personnel accredited before the national government in cases provided by international law.
6. To draft its own rules of procedure.
7. To exercise other powers stipulated by an Act.

Page 64-65, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER III. ON CONTENTIOUS ADMINISTRATIVE JURISDICTION
ARTICLE 236, The Council of State shall be composed of an uneven number of judges determined by statute. The Council shall be broken down into Houses and sections to separate its jurisdictional functions from the others assigned to it by the Constitution and the statute.
An Act shall stipulate the functions of each of the Houses and sections, the number of judges that comprises them, and their internal organization.

Page 64-65, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER III. ON CONTENTIOUS ADMINISTRATIVE JURISDICTION
ARTICLE 237, The powers of the Council of State are as follows:
1. To exercise the functions of supreme contentious administrative court in accordance with the rules stipulated by an Act.
2. To take cognizance of invalid decrees issued by the national government and held unconstitutional by the Constitutional Court.
3. To act as the supreme consultative body of the government in matters of administration, whose opinion must mandatorily be heard in all cases determined by the Constitution and the statutes. In cases of the transit of foreign troops across Colombia’s national territory, the stationing or transit of foreign warships or aircraft in the waters or territory or airspace of the nation, the government must first seek the opinion of the Council of State.
4. To prepare and present proposals amending the Constitution and other bills.
5. To take cognizance of cases regarding the loss of the investiture of congressmen in accordance with the Constitution and statute.
6. To draft its own rules of procedure and exercise other functions determined by an Act.
7. To rule on petitions for the annulment of elections subject to the rules of competence established by statute.

Page 64-65, TRANSITIONAL PARAGRAPH,
ARTICLE 237, The powers of the Council of State are as follows:
It is a condition for the admissibility of electoral disputes directed against the act of popular election which are based on causes for annulment due to irregularities in the voting process and the counting of the votes before the administrative jurisdiction that they are submitted to the review of the competent administrative authority headed by the National Election Commission before the proclamation of the election results

Page 64-65, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER III. ON CONTENTIOUS ADMINISTRATIVE JURISDICTION
ARTICLE 238, The jurisdiction of the contentious administrative apparatus may temporarily be suspended for the causes, and following the requirements, established by statute because of the effects of administrative measures that may be subject to challenge by the judiciary.

Page 65-66, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER IV. ON CONSTITUTIONAL JURISDICTION
ARTICLE 239, The Constitutional Court shall be composed of an uneven number of members determined by statute. The makeup of the court shall take into account the need to select judges belonging to various specialised jurisdictions.
The judges of the Constitutional Court shall be elected by the Senate of the Republic for single terms of eight years from lists presented to it by the President of the Republic, the Supreme Court of Justice, and the Council of State.
The judges of the Constitutional Court are not eligible for reelection.


Page 65-66, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER IV. ON CONSTITUTIONAL JURISDICTION
ARTICLE 240, Those who, during the year previous to the election, had exercised the functions of Cabinet minister or judges of the Supreme Court of Justice or of the Council of State are not eligible for election.


Page 65-66, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER IV. ON CONSTITUTIONAL JURISDICTION
ARTICLE 241, The safeguarding of the integrity and supremacy of the Constitution is entrusted to the Constitutional Court in the strict and precise terms of this article. For such a purpose, it shall fulfil the following functions:
1. Decide on the petitions of unconstitutionality brought by citizens against measures amending the Constitution, no matter what their origin, exclusively for errors of procedure in their formation.
2. Decide, prior to a popular expression of opinion, on the constitutionality of the call for a referendum or a constituent assembly to amend the Constitution, exclusively for errors of procedure in their formation.
3. Decide on the constitutionality of referendums about laws and popular consultations and plebiscites of a national scope, in case of these last ones exclusively for errors of procedure in their convocation and implementation.
4. Decide on the petitions of unconstitutionality brought by citizens against statutes, both for their substantive content as well as for errors of procedure in their formation.
5. Decide on the petitions of unconstitutionality brought by citizens against decrees with the force of law issued by the government on the basis of Article 150, numeral 10, and Article 341 of the Constitution for their substantive content as well as for errors of procedure in their formation.
6. Decide on the exceptions provided for in Article 137 of the Constitution.
7. Decide definitively on the constitutionality of the legislative decrees issued by the government on the basis of Articles 212, 213, and 215 of the Constitution.
8. Decide definitively on the constitutionality of the bills opposed by the government as unconstitutional and of proposed statutory bills, both on account of their substantive content as well as for errors of procedure in their formation.
9. Revise, in the form determined by statute, the judicial decisions connected with the protection of constitutional rights.
10. To take a final decision on the execution of international treaties and the statutes approving them. To this end, the government shall submit them to the Court within six days following the adoption of the ratifying statute. Any citizen may intervene to defend or challenge their constitutionality. Should the Court declare them constitutional, the government may proceed to the exchange of notes; in the contrary case they shall not be ratified. When one or several provisions of a multilateral treaty are declared unenforceable by the Constitutional Court, the President of the Republic may declare consent, formulating the pertinent reservation.
11. Draft its own rules of procedure.


Page 65-66, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER IV. ON CONSTITUTIONAL JURISDICTION
ARTICLE 242, The processes promoted before the Constitutional Court in the matters referred to on this score shall be regulated by an Act in accordance with the following provisions:
1. Any citizen may implement the public actions provided in the preceding Article and intervene as challenger or defender of the provisions submitted to control in processes promoted by others as well as in those cases where no public action has occurred.
2. The General Prosecutor of the Nation shall intervene in all the processes.
3. Actions to correct errors in form lapse within a year starting from the publication of the said act.
4. Ordinarily, the Court shall have 60 days to decide, and the General Prosecutor of the Nation 30 days within which to give his/her opinion.
5. In the processes referred to in numeral 7 of the previous Article, the ordinary deadlines shall be reduced to a third and the missing of the deadline shall constitute cause for a misdemeanor to be sanctioned according to statute.

Page 65-66, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER IV. ON CONSTITUTIONAL JURISDICTION
ARTICLE 243, The decisions of the Court while exercising legal checks bars double jeopardy.
No authority may reproduce the substance of a juridical measure declared invalid for fundamental reasons while the provisions that served to challenge the ordinary provision and the Constitution remain.
ARTICLE 244, The Constitutional Court shall notify the President of the Republic or the President of Congress, depending on the case, of the initiation of any process seeking to examine the constitutionality of provisions stipulated by them, respectively. Such notification shall not delay the deadlines of the process.
ARTICLE 245, The government may not provide employment to the judges of the Constitutional Court during the period that they exercise their function or in the year following their retirement.

Page 67-69, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER VI. ON THE OFFICE OF ATTORNEY GENERAL OF THE NATION, ARTICLE 249
The Office of the Attorney General of the Nation shall consist of the Attorney General, his/her assistant attorneys, and other officials as determined by an Act.
The Attorney General of the Nation shall be elected for a period of four years by the Supreme Court of Justice from a list originating with the President of the Republic and is not eligible for re-election. The candidate shall have the same qualities required for a judge of the Supreme Court of Justice.
The Office of the Attorney General of the Nation is part of the judicial branch and shall have administrative and budgetary autonomy.
ARTICLE 250-251 sets out the responsibilitiy and functions of the Office of the Attorney General of the Nation

Page 70-71, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER VII. ON THE SUPREME COUNCIL OF THE JUDICATURE
ARTICLE 254 , The Supreme Council of the Judiciary shall be divided into two sections:
1. The administrative section made up of six judges elected for a period of eight years as follows: two by the Supreme Court of Justice, one by the Constitutional Court, and three by the Council of State.
2. The disciplinary jurisdictional section made up of seven judges elected for a period of eight years by the National Congress from lists originating with the government. Sectional councils of the judicature may also be established as stipulated by statute.

[Summary] Article 255 determines the requirements to be a member of the Supreme Council of the Judiciary, Article 256 sets out the powers and roles of the Supreme Council, such as includes examining the behavior and sanction the errors of officials of the judicial branch as well as those of lawyers practicing their profession in those cases stipulated by statute.
Prisons and detention
Page 60-61, CHAPTER VII. ON THE PUBLIC FORCE,
ARTICLE 221
... Public force members shall comply with pre-trial detention in the detention centers established for them, and in the absence of these centers, they shall comply with it on the premises of the unit to which they belong. Public force members shall serve time in prisons and detention centers established for members of the security forces.
Traditional Laws
Page 7-8, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 42
... Religious marriages shall have civil effects within the limits established by statute. The civil effects of all marriages may be terminated by divorce in accordance with civil law.
Also having civil effects are decrees of annulment of religious marriages issued by the authorities of the respective faiths within the limits established by statute.

Page 67, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER V. ON SPECIAL JURISDICTIONS
ARTICLE 246
The authorities of the indigenous [Indian] peoples may exercise their jurisdictional functions within their territorial jurisdiction in accordance with their own laws and procedures as long as these are not contrary to the Constitution and the laws of the Republic. An Act shall establish the forms of coordination of this special jurisdiction with the national judicial system.

Page 67, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER V. ON SPECIAL JURISDICTIONS
ARTICLE 247
An Act may create justices of the peace entrusted with the equitable resolution of individual and community conflicts. It may also order that they be popularly elected.

Page 67, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER V. ON SPECIAL JURISDICTIONS
ARTICLE 248
Only sentences handed down definitively in judicial trials qualify as a criminal record or a violation in all legal matters.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 9-10, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 48

Social Security is a mandatory public service which shall be delivered under the administration, coordination, and control of the State, subject to the principles of efficiency, universality, and solidarity within the limits established by statute.

All inhabitants are guaranteed the irrevocable right to Social Security.

With the participation of individuals, the state shall gradually extend the coverage of Social Security which shall include the provision of services in the form determined by statute.

Social Security may be provided by public or private entities, in accordance with the relevant statute.
It shall not be possible to assign or use the resources of the Social Security organs for different purposes.

An Act shall define the means whereby the resources earmarked for retirement benefits may retain their constant purchasing power.

The State shall guarantee the rights resulting from the Pensions Systems, its financial sustainability, it shall respect vested rights in accordance with the law and assume the payment of the pension debt for which it is responsible according to the law. The statutes which are enacted on pension matters subsequent to the entry into force of this Legislative Act have to ensure the financial sustainability of the arrangements made by them.

The discounts, reductions and seizures of pensions decreed by the applicable statute notwithstanding, for no reason may the payment of the monthly pensions recognized by statute be suspended or their value be frozen or reduced.

The provisions on infirmity and widower’s pensions notwithstanding, it is necessary to comply with the requirements concerning age, time of service, length of contribution payments or required capital and other conditions defined by an Act in order to obtain the right to a pension. The requirements for and the benefits resulting from obtaining the right to an infirmity or widower’s pension shall be established by the Acts of the General Pensions System.

In pension matters all vested rights are respected.

Pension requirements and benefits for all persons, including those related to old age pensions for high risk activities, shall be established by the Acts on the General Pensions System. No provision may be issued and no contract invoked that would run contrary to the rules thereby enacted.

For the payment of the pensions only those factors are taken into account to which the contributions made by every person are related. No pension may be lower than the existing monthly legal minimum wage. However, an Act may determine the cases in which periodical economic benefits which are lower than the minimum wage are paid to people with limited resources who do not fulfil the conditions required for the right to a pension.

After the entry into force of the present Legislative Act, there shall be no special or excepted regimes, those applicable to the public force and the President of the Republic and those defined by the paragraphs of the present article notwithstanding.

The persons whose right to a pension comes into existence after the entry into force of the present Legislative Act may not receive more than thirteen (13) monthly pension payments per year. It is understood that the pension comes into existence at the time when all requirements for obtaining it are met, even if it has not yet been [formally] recognized.

An Act shall establish speedy proceedings for the revision of pensions which have been awarded by an abuse of law or without fulfilling the requirements established by statute or by valid agreements or arbitral awards.

Page 10-11, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 48, PARAGRAPH 1- TRANSITIONAL PARAGRAPH 6 Deals with legislative changes to social security, specifically the pension scheme.

Page 13, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,

ARTICLE 53
The Congress shall issue a labor statute. The appropriate law shall take into account at least the following minimal fundamental principles:

Equality of opportunity for workers; minimum essential and flexible remuneration proportional to the amount and quality of work; stability in employment; irrevocability of minimum benefits established in labor regulations; options to negotiate about and reconcile uncertain and arguable rights; a situation more favorable to the worker in case of doubt in the application and interpretation of the formal bases of the law; the primacy of facts over established formalities in issues of labor relations; guarantees to social security, training, instruction, and necessary rest; special protection of women, mothers, and minor-age workers.

The State guarantees the right of suitable payment and the periodic adjustment of legal retirement benefits. International labor agreements duly ratified are part of domestic legislation.

Statute, contracts, agreements, and labor settlements may not infringe on the freedom, human dignity, or rights of workers.

ARTICLE 54
It is the obligation of the State and employers to offer training and professional and technical skills to whoever needs them. The state must promote the employment of individuals of working age and guarantee to the handicapped the right to employment appropriate to their physical condition.

Page 15, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 65
The production of food crops shall benefit from the special protection of the State. For that purpose, priority shall be given to the integral development of agricultural, animal husbandry, fishing, forestry, and agroindustrial activities as well as to the building of physical infrastructural projects and to land improvement.
Similarly, the state shall promote research and the transfer of technology for the production of food crops and primary resources of agricultural origin with the purpose of increasing productivity.


Page 38-39, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER III. ON STATUTES

ARTICLE 150
It is the responsibility of Congress to enact laws. It is the responsibility of Congress to enact laws. Through them, it exercises the following functions:

...

3. To approve the national development plan and public investments that must be undertaken or continued, with the determination of the resources and appropriations which are authorized for their execution and the measures necessary to promote their implementation.

Page 97-99, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER II. ON DEVELOPMENT PLANS

ARTICLE 339

There shall be a National Development Plan consisting of a general part and a plan of investments of the national public entities. In the general part the long-term national purposes and objectives, the parameters and priorities for State action in the medium term, and the strategies and general orientations of economic, environmental and social policy to be adopted by the government shall be laid down. The public investment plan shall contain the multi-year budgets of the principal programs and national public investment projects, and the specification of the financial resources required for their execution, within a framework which ensures fiscal sustainability.

The territorial entities shall elaborate and adopt in a concerted manner between them and the National Government development plans with the purpose of ensuring the efficient use of their resources, the development of strategies in the fight against poverty and the adequate execution of the functions assigned to them by the Constitution and statute. The plans of the territorial entities shall consist of a strategic plan and a plan for short and long term investments.

ARTICLE 340
There shall be a National Planning Council made up of the representatives of the territorial entities and of the economic, social, ecological, community, and cultural sectors. The Council shall have a consultative character and shall serve as a forum for the discussion of the National Development Plan.

The members of the National Council shall be designated by the President of the Republic from lists presented to him/her by the authorities and organizations of the entities and sectors referred to in the previous clause which are or have been involved in said activities. Their term shall be of eight years, and every four years the Council shall be renovated in part in the form established by statute.

In the territorial entities there shall also be planning councils, in accordance with the relevant statute.
The National Council and the territorial planning councils constitute the National Planning System.

ARTICLE 341
The government shall elaborate the National Development Plan with the active participation of the planning authorities, of the territorial entities and the Superior Council of Judicature and shall submit the draft plan to the National Planning Council for its views. After receiving the opinion of the Council, it shall proceed to effect those amendments that it considers appropriate and shall present the plan to the consideration of Congress within six months following the initiation of the respective presidential term.

Based on the report that the joint committees of economic affairs draw up, each House shall discuss and evaluate the plan in plenary session. Disagreements about the content of the general part, if there were any, shall not prevent the government from executing the proposed policies in matters falling under its jurisdiction. However, should the government decide to amend the general part of the plan, it shall follow the procedure indicated in the Article that follows.

The National Investment Plan shall be enacted by means of a law which shall have priority over the other laws; consequently, its mandates shall constitute suitable means for its execution and shall supplement existing ones without the need for issuing subsequent laws. Nevertheless, in the annual budgetary laws it shall be possible to increase or decrease the shares and resources approved in the planning law. If Congress does not approve the National Public Investment Plan within three months following its presentation, the Government may put it into effect through a decree having the force of law.

Congress may modify the Public Investment Plan as long as the financial balance is maintained. Any increase of borrowing authorizations requested in the governmental draft plan or the inclusion of investment plans not considered by the latter shall require the approval of the national Government. ...

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 357
The amount of the General System of Shares of the Departments, Districts and Municipalities shall be increased annually by a percentage equal to the average percentage variation that the current revenues of the Nation have experienced during the four (4) preceding years, including the one corresponding to the estimate for the budget in execution.
For the purpose of calculating the variation of the current revenues of the Nation referred to in the preceding subparagraph, the taxes resulting from State of Exception measures shall be excluded, unless Congress makes them permanent in the following year.
Seventeen percent (17%) of the resources of the General System of Shares for spending purposes shall be distributed among the municipalities with a population inferior to 25.000 inhabitants. These resources shall be spent exclusively on investment, in accordance with the competences assigned by statute. The distribution of these resources shall be based on the same criteria of population size and poverty as defined by the Act on the Shares for General Purposes.
The municipalities classified in the fourth, fifth and sixth categories in accordance with the rules in force may freely spend up to forty-two percent (42%) of the resources they receive from the General System of Shares for General Purposes for investment and other expenses inherent in the functioning of the municipal administration, with the exception of the resources distributed in accordance with the preceding section.
When a territorial entity achieves universal coverage and meets the quality standards established by the competent authorities in the sectors of education, health, and/or public services concerning drinking water and basic sanitation in the home, according to certification by the competent national entity, it may spend the surplus resources on investment in other sectors within its competence. The National Government shall regulate the matter.




Page 110, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER V. ON THE SOCIAL PURPOSE OF THE STATE AND OF THE PUBLIC SERVICES
ARTICLE 365
The public services are inherent in the social purpose of the State. It is the duty of the State to insure the efficient provision thereof to all the inhabitants of the national territory.
The public services shall be subjected to the juridical regime determined by an Act, may be provided by the State directly or indirectly, by organized communities, or by individuals. In any case, the state shall maintain the regulation, control, and application of said services. If, for reasons of sovereignty or social interest, the State, by means of an Act approved by the majority of the members of both Houses upon the initiative of the Government, should decide to earmark for itself specific strategic or public service activities, it must indemnify, beforehand and fully, those individuals who by virtue of the said law are deprived of the exercise of a lawful activity.

ARTICLE 366
The general well-being and improvement of the population’s quality of life are social purposes of the State. A basic objective of their activity shall be to address the unfulfilled public health, educational, environmental, and drinking water needs of those affected.

For such an outcome, in the plans and budgets of the nation and of the territorial entities, public social expenditures shall have priority over any other allocation.


Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 361
The revenues from the General System of Concession Fees shall be used for the financing of projects for the social, economic and ecological development of the territorial entities; for savings to meet their pension obligations; for material investments in education and investments in science, technology and innovation; for generating public savings; for the control of the exploration and exploitation of deposits and the study and geological mapping of the subsoil; and for increasing the general competitiveness of the economy in the attempt to improve the social conditions of the population.
The departments, municipalities and districts in whose territory the exploitation of non-renewable natural resources takes place, as well as the municipalities and districts with sea and river ports through which these resources, or products derived from them, are transported, shall have the right to receive a share of the concession fees and compensations, as well as the right to directly use these resources. For the purpose of fulfilling the objectives and ends of the General System of Concession Fees, a Science, Technology and Innovation Fund, a Development Fund, a Regional Compensation Fund and a Savings and Stabilization Fund shall be created.
The revenues from the General System of Concession Fees shall be distributed as follows: a percentage equivalent to 10% [of the total revenue] [shall go] to the Science, Technology and Innovation Fund; 10% [shall go] to the regional pension savings [funds], and up to 30% to the Savings and Stabilization Fund. The remaining resources shall be distributed in a percentage of 20% to the direct transfers referred to in section 2 of this Article, and in a percentage of 80% to the Regional Compensation and Regional Development Funds. Of the total resources assigned to the two latter Funds, a percentage equivalent to 60% shall be assigned to the Regional Compensation Fund and a percentage of 40% to the Regional Development Fund.
Of the revenues from the General System of Concession Fees, a percentage of 2% shall be assigned to the control of the exploration and exploitation of deposits and the study and geological mapping of the subsoil. This percentage shall be deducted in a proportional manner from the total revenue of the General System of Concession Fees distributed in the preceding section. The functions established here shall be carried out by the Ministry of Mining and Energy or the entity to which the latter delegates them.
The sum of the resources corresponding to the direct transfers referred to in section 2 of this Article, and the resources of the Regional Development Fund and the Regional Compensation Fund shall increase annually by a rate corresponding to half of the growth rate of the total revenue of the General System of Concession Fees. The Act which shall regulate the system shall define a mechanism for mitigating the decrease of the aforementioned resources resulting from a drastic reduction of the revenues of the General System of Concession Fees.
National economic plan
Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 357
… TRANSITIONAL PARAGRAPH 1
The amount of the General System of Shares, GSS, of the Departments, Districts and Municipalities shall increase by taking as its base the amount dished out during its previous period of application. During the years 2008 and 2009 the GSS shall increase at a rate equal to the inflation rate, with an additional increase in real terms of 4%. During the year 2010, the increase shall equal the inflation rate, with an additional increase in real terms of 3.5%. Between the year 2011 and the year 2016 the increase shall equal the inflation rate, with an additional increase in real terms of 3%.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 357
… TRANSITIONAL PARAGRAPH 2
If the rate of real growth of the economy (Gross Domestic Product, GDP) certified by DANE for the respective year is superior to 4%, the increase of the GSS shall equal the inflation rate, with an additional increase in real terms as indicated in the Transitional Paragraph 1 of the present Article, plus the difference in percentage points which results from a comparison of the real growth of the economy certified by DANE and the 4%. These additional resources shall be spent on comprehensive care for small children. The increase of the GSS resulting from higher economic growth which is the object of the present section shall not constitute the basis for the funding of the GSS in subsequent years.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 357
… TRANSITIONAL PARAGRAPH 3
The General System of Shares, GSS, shall receive an increase in funding in addition to the increases referred to in the preceding transitional paragraphs with regard to the education sector. This additional increase shall take place in the following stages: in the years 2008 and 2009, it shall equal one point three percent (1.3%), in the year 2010 one point six percent (1.6%), and during the years 2011 to 2016 one point eight percent (1.8%). In each of these years, the additional increase shall not constitute the basis for the funding of the System in the subsequent period of application. The resources shall be spent on coverage and quality.
Natural resources
Page 22-23, CHAPTER IV. ON TERRITORY,
ARTICLE 101
...Also part of Colombia is the subsoil, the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone, the airspace, the segment of the geostationary orbit, the electromagnetic spectrum and the space where it applies, in accordance with international law or the laws of Colombia in the absence of international regulations.

Page 22-23, CHAPTER IV. ON TERRITORY,
ARTICLE 102
The territory, together with the public resources that are part of it, belong to the nation.

Page 81-82, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER I. GENERAL PROVISIONS
By means of a law approved by the majority of the members of each House, it shall be possible to limit the exercise of the rights of movement and residence, establish controls on the density of population, regulate the use of the land, and submit to special conditions the transfer of immovable property in order to protect the cultural identity of the native [Indian] communities and preserve the environment and natural resources of the archipelago.

Page 95, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME
PARAGRAPH
The exploitation of the natural resources in the indigenous territories shall be done without impairing the cultural, social, and economic integrity of the indigenous communities. In the decisions adopted with respect to said exploitation, the government shall encourage the participation of the representatives of the respective communities.

Page 95, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME
ARTICLE 331
The Autonomous Regional Corporation of the Rió Grande de la Magdalena entrusted with the improvement of navigation, port activity, the improvement and conservation of land, the generation and distribution of energy, and the use and conservation of the environment, fishing resources, and other renewable natural resources shall be established.
An Act shall determine its organization and sources of financing and shall define in favor of the riparian municipalities special treatment in the assignment of benefits and in their share of current national revenues.

Page 95, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER I. GENERAL PROVISIONS
ARTICLE 332
The State is the owner of the subsoil and of the natural, non-renewable resources without prejudice to the rights acquired and fulfilled in accordance with prior laws.


Page 105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS

ARTICLE 360
The exploitation of a non-renewable natural resource shall give rise to an economic offset in the form of concession fees (regalía) for the benefit of the State, without prejudice to any other right or compensation which might be agreed upon. An Act shall determine the conditions for the exploitation of non-renewable natural resources.
Upon the initiative of the Government, a separate Act shall determine the distribution, objectives, purposes, administration, collection, control, efficient use and destination of the revenues resulting from the exploitation of non-renewable natural resources, laying down the conditions for participation of their beneficiaries. The totality of revenues, assignments, organs, procedures and regulations shall constitute the General System of Concession Fees (Sistema General de Regalías).

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 361
The revenues from the General System of Concession Fees shall be used for the financing of projects for the social, economic and ecological development of the territorial entities; for savings to meet their pension obligations; for material investments in education and investments in science, technology and innovation; for generating public savings; for the control of the exploration and exploitation of deposits and the study and geological mapping of the subsoil; and for increasing the general competitiveness of the economy in the attempt to improve the social conditions of the population.

The departments, municipalities and districts in whose territory the exploitation of non-renewable natural resources takes place, as well as the municipalities and districts with sea and river ports through which these resources, or products derived from them, are transported, shall have the right to receive a share of the concession fees and compensations, as well as the right to directly use these resources. For the purpose of fulfilling the objectives and ends of the General System of Concession Fees, a Science, Technology and Innovation Fund, a Development Fund, a Regional Compensation Fund and a Savings and Stabilization Fund shall be created

… Of the revenues from the General System of Concession Fees, a percentage of 2% shall be assigned to the control of the exploration and exploitation of deposits and the study and geological mapping of the subsoil. This percentage shall be deducted in a proportional manner from the total revenue of the General System of Concession Fees distributed in the preceding section. The functions established here shall be carried out by the Ministry of Mining and Energy or the entity to which the latter delegates them.

... The sum of the resources corresponding to the direct transfers referred to in section 2 of this Article, and the resources of the Regional Development Fund and the Regional Compensation Fund shall increase annually by a rate corresponding to half of the growth rate of the total revenue of the General System of Concession Fees. The Act which shall regulate the system shall define a mechanism for mitigating the decrease of the aforementioned resources resulting from a drastic reduction of the revenues of the General System of Concession Fees.
International funds
No specific mention.
Business
Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 61
The State shall protect intellectual property for the period and using the means established by statute.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
… The city of Buenaventura is organized as Special, Industrial, Port, Biodiversity and Biotourism Districts. Its political, fiscal and administrative system shall be determined by the Constitution and special statutes enacted to this end and, insofar as the latter do not contain the required regulations, by the rules which apply to the municipalities. …

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 357
... Seventeen percent (17%) of the resources of the General System of Shares for spending purposes shall be distributed among the municipalities with a population inferior to 25.000 inhabitants. These resources shall be spent exclusively on investment, in accordance with the competences assigned by statute. The distribution of these resources shall be based on the same criteria of population size and poverty as defined by the Act on the Shares for General Purposes.
Taxation
Reform of taxation
Page 97, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER I. GENERAL PROVISIONS
... Tax evasion with respect to revenues originating from financial monopolies shall be sanctioned as a crime within the limits established by statute.

Page 109-110, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS

ARTICLE 362
The assets and revenues originating from taxes or other sources relating to the exploitation of monopolies of the territorial entities are their exclusive property and enjoy the same guaranties as the property and income of individuals. Departmental and municipal taxes enjoy constitutional protection and, consequently, an Act may not transfer them to the nation, except temporarily in the case of a foreign war.

ARTICLE 363
The tax system is based on the principles of equity, efficiency, and progressivity.

The tax laws shall not be applied retroactively.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 357
…For the purpose of calculating the variation of the current revenues of the Nation referred to in the preceding subparagraph, the taxes resulting from State of Exception measures shall be excluded, unless Congress makes them permanent in the following year.


Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 357
… TRANSITIONAL PARAGRAPH 1
The amount of the General System of Shares, GSS, of the Departments, Districts and Municipalities shall increase by taking as its base the amount dished out during its previous period of application. During the years 2008 and 2009 the GSS shall increase at a rate equal to the inflation rate, with an additional increase in real terms of 4%. During the year 2010, the increase shall equal the inflation rate, with an additional increase in real terms of 3.5%. Between the year 2011 and the year 2016 the increase shall equal the inflation rate, with an additional increase in real terms of 3%.

Page 110, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER V. ON THE SOCIAL PURPOSE OF THE STATE AND OF THE PUBLIC SERVICES
ARTICLE 367
An Act shall determine the relative jurisdictions and responsibilities for the provision of domestic public services, their coverage, quality, and financing, and the schedule of rates taken into account in addition to the cost criteria, those of solidarity, and of redistribution of revenues.
Home public services shall be provided directly by each municipality when the technical and economic characteristics of the service and the general benefits permit them and make them advisable, and the departments shall execute functions of support and coordination.
An Act shall determine the competent entities that shall determine rates.
Banks
Central bank
Page 111-112, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER VI. ON THE CENTRAL BANK

ARTICLE 371
The Bank of the Republic shall exercise the functions of a central bank. It shall be organized as a legal public entity with administrative, patrimonial, and technical autonomy, subject to its own legal regime.

The following shall be the basic functions of the Bank of the Republic: to regulate the money supply, international exchanges, and credit; to issue legal tender; to administer the international reserves; to be the lender of last resort and banker of the credit institutions; and to serve as the government’s fiscal agent. All these functions shall be exercised in coordination with the general economic policy.

The Bank shall give a report to Congress on the execution of the policies for which it is responsible and on other matters requested from it.

ARTICLE 372
The executive board of the Bank of the Republic shall be the monetary, exchange, and credit authority, in accordance with the functions assigned to it by statute. It shall be responsible for managing and executing the functions of the Bank and shall be made up of seven members, among them the Minister of Finance, who shall chair it. The Director of the Bank shall be elected by the executive board and shall be one of its members. The five other members, who can hold no other employment, shall be appointed by the President of the Republic for renewable terms of four years, replacing two of the members every four years. The members of the executive board shall represent the interest of the nation exclusively.

The Congress shall adopt an Act which shall regulate the Bank of the Republic for the exercise of its functions and the regulations under which the government shall issue the statutes of the Bank. These shall determine, among other things, the form of its organization, its legal regime, the functioning of its executive board and its board of directors, the term of the director, the rules for the constitution of its reserves, among them, those of exchange and monetary stabilization, and the future application of its earnings.

The President of the Republic shall perform the inspection, oversight, and control of the Bank within the terms stipulated by statute.

ARTICLE 373
The State, through the intermediary of the Bank of the Republic, shall oversee the maintenance of the purchasing power of the currency. The Bank may not establish credit quotas or give guaranties for the benefit of individuals except when the intermediation of foreign credit is involved for its distribution through the credit institutions or of temporary support of said liquidity. Financing operations for the benefit of the state shall mandate the unanimous approval of the executive board unless open market operations are involved. In no case may the legislature mandate credit quotas for the benefit of the State or individuals.
International finance
Page 111-112, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER VI. ON THE CENTRAL BANK

ARTICLE 373
The State, through the intermediary of the Bank of the Republic, shall oversee the maintenance of the purchasing power of the currency. The Bank may not establish credit quotas or give guaranties for the benefit of individuals except when the intermediation of foreign credit is involved for its distribution through the credit institutions or of temporary support of said liquidity. Financing operations for the benefit of the state shall mandate the unanimous approval of the executive board unless open market operations are involved. In no case may the legislature mandate credit quotas for the benefit of the State or individuals.

Land, property and environment

Land reform/rights
Land reform and management
Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 58
… Property has a social dimension which implies obligations. As such, an ecological dimension is inherent to it.
The State shall protect and promote associative and joint forms of property.


Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 58
... Expropriation may be carried out for reasons of public utility or social interest defined by the legislature, subject to a judicial decision and prior compensation. The compensation shall be determined by taking into account the interests of the community and of the individual concerned. In the cases determined by the legislator, the expropriation may take place by administrative action, subject to subsequent litigation before the administrative law courts, including with regard to the price.

Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 60
The state shall promote access to property in accordance with the law.
When the State sells its interest in an enterprise, it shall take measures promoting the democratization of the ownership of its shares and shall offer its workers or the collective and workers’ organizations special terms to make it possible for them to accede to the said proprietary shares. An Act shall regulate the matter.

Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 63
Property in public use, natural parks, communal lands of ethnic groups, security zones, the archaeological resources of the nation, and other property determined by statute are inalienable, imprescriptible, and not subject to seizure.


Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 64
It is the duty of the State to promote the gradual access of agricultural workers to landed property in individual or associational form and to services involving education, health, housing, social security, recreation, credit, communications, the marketing of products, technical and management assistance with the purpose of improving the incomes and quality of life of the peasants.

Page 94-95, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER IV. ON THE SPECIAL REGIME
ARTICLE 329
The configuration of the indigenous [Indian] territorial entities shall be drawn subject to the provisions of the Institutional Act of Territorial Planning, and their delimitation shall be effected by the national government with the participation of the representatives of the indigenous communities following the plan of the Commission of Territorial Planning.
The safeguards that apply relate to collective property which may not be sold.
An Act shall define the relations and coordination of these entities with those of which they form a part.
Other land rights
Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 58
Private property and the other rights acquired in accordance with civil laws are guaranteed and may neither be disregarded nor infringed by subsequent laws. When in the application of a law enacted for reasons of public utility or social interest a conflict between the rights of individuals and the interests recognized by the law arises, the private interest shall yield to the public or social interest.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Tangible
Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 8
It is the obligation of the State and of individuals to protect the cultural and natural assets of the nation.

Page 16-17, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 72
The nation’s cultural heritage is under the protection of the State. The archaeological heritage and other cultural resources that shaped the national identity belong to the nation and are inalienable, not subject to seizure, and are imprescriptible. An Act shall establish the mechanisms to restore control over them when they are in the hands of individuals and shall regulate the special rights that ethnic groups may enjoy when they occupy territories of archaeological wealth.
Intangible
Page 2, TITLE I. ON FUNDAMENTAL PRINCIPLES, ARTICLE 10
Spanish is the official language of Colombia. The languages and dialects of ethnic groups are also official in their territories. The education provided in communities with their own linguistic traditions shall be bilingual.
Promotion
Page 16-17, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 70
The State has the obligation to promote and foster access to the culture of all Colombians equally by means of permanent education and scientific, technical, artistic, and professional instruction at all stages of the process of creating the national identity.

Culture in its diverse manifestations is the basis of nationality. The State recognizes the equality and dignity of all those who live together in the country. The state shall promote research, science, development, and the diffusion of the nation’s cultural values.
Environment
Page 14, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS,
ARTICLE 58
… Property has a social dimension which implies obligations. As such, an ecological dimension is inherent to it.

Page 15, CHAPTER II. ON SOCIAL, ECONOMIC, AND CULTURAL RIGHTS, ARTICLE 66

The provisions enacted in the field of private or public credit may regulate the special conditions of agricultural credit, taking into account the cycles of harvests and prices as well as the risks inherent in farming activities and environmental disasters.

Page 17-18, CHAPTER III. ON COLLECTIVE RIGHTS AND THE ENVIRONMENT,

ARTICLE 79
Every individual has the right to enjoy a healthy environment. An Act shall guarantee the community’s participation in the decisions that may affect it. It is the duty of the State to protect the diversity and integrity of the environment, to conserve the areas of special ecological importance, and to foster education for the achievement of these ends.

ARTICLE 80
The state shall plan the handling and use of natural resources in order to guarantee their sustainable development, conservation, restoration, or replacement.

Additionally, it shall caution and control the factors of environmental deterioration, impose legal sanctions, and demand the repair of any damage caused.

In the same way, it shall cooperate with other nations in the protection of the ecosystems located in the border areas.

ARTICLE 81
The manufacture, importation, possession, and use of chemical, biological, or nuclear weapons are prohibited as is the introduction into the national territory of nuclear and toxic wastes.

The state shall regulate the entry into the country and the exit from it of genetic resources and their use, in accordance with the national interest.

ARTICLE 82
It is the duty of the State to watch over the protection of the integrity of public space and for its assignment to common use, which has priority over the individual interest.

Public entities shall participate in the profits generated by their urban planning activities and shall regulate the use of the soil and the urban air space in order to protect the common interest.

Page 20-21, CHAPTER V. ON DUTIES AND OBLIGATIONS

ARTICLE 95

Every individual is obliged to obey the Constitution and the laws. The following are duties of the individual and of the citizen:

...

8. To protect the country’s cultural and natural resources and to keep watch that a healthy environment is being preserved;

Page 75-76, TITLE X. ON THE CONTROL ORGANISMS CHAPTER I. ON THE OFFICE OF CONTROLLER GENERAL OF THE REPUBLIC,

ARTICLE 267

Fiscal control is a public function to be exercised by the Office of the Controller General of the Republic, which oversees the fiscal management of the administration and of individuals or entities that manage funds or assets of the Nation.

...

Oversight of the fiscal management of the State includes exercising financial control, management, and performance, based on efficiency, economy, equality, and appraising the environmental costs. In exceptional cases as specified by statute, the Office of the Controller General may exercise subsequent control over the accounts of any territorial entity.

Page 78-79, TITLE X. ON THE CONTROL ORGANISMS, CHAPTER II. ON THE PUBLIC MINISTRY

ARTICLE 277
The General Prosecutor of the Nation, by himself/herself or through his/her delegates and agents, shall have the following functions:

...

4. To defend the collective interests, especially the environment.

Page 81-82, TITLE XI. ON THE TERRITORIAL ORGANIZATION, CHAPTER I. GENERAL PROVISIONS
By means of a law approved by the majority of the members of each House, it shall be possible to limit the exercise of the rights of movement and residence, establish controls on the density of population, regulate the use of the land, and submit to special conditions the transfer of immovable property in order to protect the cultural identity of the native [Indian] communities and preserve the environment and natural resources of the archipelago.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
… The city of Buenaventura is organized as Special, Industrial, Port, Biodiversity and Biotourism Districts. Its political, fiscal and administrative system shall be determined by the Constitution and special statutes enacted to this end and, insofar as the latter do not contain the required regulations, by the rules which apply to the municipalities. …
Water or riparian rights or access
Page 22-23, CHAPTER IV. ON TERRITORY,
ARTICLE 101
... Also part of Colombia is the subsoil, the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone, the airspace, the segment of the geostationary orbit, the electromagnetic spectrum and the space where it applies, in accordance with international law or the laws of Colombia in the absence of international regulations.

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
... The resources of the General System of Shares of the departments, districts and municipalities shall be earmarked for the financing of the services for which they are responsible, according priority to the health service, the services of pre-school, primary, secondary and intermediate education, and public services concerning drinking water and basic sanitation in the home, ensuring the provision of the services and the extension of coverage with an emphasis on the poor. ...

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
… a. In the sectors of education, health, drinking water and basic sanitation: the population that has been taken care of and the population that shall be taken care of, the distribution of the urban and rural population, administrative and fiscal efficiency, and equity. In the distribution per territorial unit of each of the constituent entities of the General System of Shares, priority shall be given to factors which favor the poor, in the terms established by statute;

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 356
… The city of Buenaventura is organized as Special, Industrial, Port, Biodiversity and Biotourism Districts. Its political, fiscal and administrative system shall be determined by the Constitution and special statutes enacted to this end and, insofar as the latter do not contain the required regulations, by the rules which apply to the municipalities. …

Page 102-105, TITLE XII. ON THE ECONOMIC AND PUBLIC FINANCE REGIME, CHAPTER IV. ON THE DISTRIBUTION OF RESOURCES AND JURISDICTIONS
ARTICLE 361
… The departments, municipalities and districts in whose territory the exploitation of non-renewable natural resources takes place, as well as the municipalities and districts with sea and river ports through which these resources, or products derived from them, are transported, shall have the right to receive a share of the concession fees and compensations, as well as the right to directly use these resources. For the purpose of fulfilling the objectives and ends of the General System of Concession Fees, a Science, Technology and Innovation Fund, a Development Fund, a Regional Compensation Fund and a Savings and Stabilization Fund shall be created.


Security sector

Security Guarantees
Page 59-60, CHAPTER VII. ON THE PUBLIC FORCE

ARTICLE 216

...

All Colombian citizens are obliged to take up arms when the public need mandates it in order to defend national independence and the public institutions.

An Act shall determine the conditions which at all times qualify an individual for exemption from military service and the benefits for service in them.

Ceasefire
No specific mention.
Police
Page 6-7, TITLE II. ON RIGHTS, GUARANTEES, AND DUTIES CHAPTER I. ON FUNDAMENTAL RIGHTS, ARTICLE 39
Workers and employers have the right to form trade unions or associations without interference by the State. Their legal recognition shall occur by the simple registration of their constituent act.

...

Members of the police force do not have the right to form associations.

Page 59-60, CHAPTER VII. ON THE PUBLIC FORCE,

ARTICLE 216
The public force shall consist of the Armed Forces and the National Police, exclusively.

...

ARTICLE 218
An Act shall determine the organization of the Police corps.

The National Police is a permanent armed body of a civilian nature responsible to the national community and whose primary purpose is the maintenance of the conditions necessary for the exercise of public rights and freedoms and to insure that the inhabitants of Colombia may live together in peace.

An Act shall determine the career, benefits, and disciplinary regime that pertain to it.

Page 60-61, CHAPTER VII. ON THE PUBLIC FORCE,
ARTICLE 221

The Martial or Military Tribunals will have jurisdiction over offenses committed by the members of the public force on active service and in relation to their service, in accordance to the prescriptions of the Military Penal Code. These courts and tribunals will be composed of members of the public force on active duty or retired.

The military or police criminal justice system shall not have jurisdiction over crimes against humanity, and crimes of genocide, forced disappearances, extrajudicial executions, sexual violence, torture, or forced displacement. Police, Martial or Military Tribunals shall have jurisdiction only over violations of international humanitarian law committed by members of the public force, except in the offenses mentioned above.

...

ARTICLE 222
An Act shall determine the system of professional, cultural, and social development of the members of the public force. During their training, the members shall be taught the fundamentals of democracy and human rights.
Armed forces
Page 59-60, CHAPTER VII. ON THE PUBLIC FORCE,

ARTICLE 217
The nation shall maintain for its defense the permanent Armed Forces made up of the army, navy, and air force.

The armed forces shall have as their primary purpose the defense of the sovereignty, independence, and integrity of the national territory and of the constitutional order.

An Act shall determine the system of replacements in the Armed Forces as well as the promotions, rights, and obligations of its members and the special career, benefits, and disciplinary regime that pertain to them.

...

ARTICLE 219

The public force is not deliberative: it shall not be able to assemble except by order of the legitimate authority nor direct petitions except on matters connected with the service and morale of the respective corps and in accordance with an Act.

The members of the public force may not exercise their right to vote while they are on active service nor take part in activities or debates of parties or political movements.
DDR
Demilitarisation provisions
Page 115-116, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER I

TRANSITIONAL ARTICLE 12
With the purpose of facilitating the reintegration into civilian life of the guerrilla groups that are definitely involved in the peace process under the government's aegis, the latter may establish, for one time only, special peace districts for elections to public bodies that shall take place on October 27, 1991, or appoint directly for one time only a number of congressmen in each House to represent the said groups in a process of peace and demobilization.

The number shall be established by the national government on the basis of the evaluation that it makes of the circumstances and progress of the process. The names of the senators and representatives to whom this Article refers shall be agreed upon by the government and the guerrilla groups, and their appointment shall be the responsibility of the President of the Republic.

For the effects contemplated in this Article, the government may disregard specific disabilities and requirements necessary for one to qualify as a congressman.

TRANSITIONAL ARTICLE 13
Within the three years following the entering into effect of this Constitution, the government may issue the provisions that may be necessary to facilitate the reintegration of demobilized guerrilla groups who may be involved in a peace process under government aegis; to improve the economic and social conditions of the regions where the guerrilla groups were present; and to provide to the territorial entity the organization and municipal capability, public services, and the functioning and integration of the collective municipal bodies in said regions.

The national government shall present periodic reports to the Congress of the Republic concerning the implementation and development of this article.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
Power to amnesty
Page 38-39, TITLE VI. ON THE LEGISLATIVE BRANCH, CHAPTER III. ON STATUTES

ARTICLE 150
It is the responsibility of Congress to enact laws. It is the responsibility of Congress to enact laws. Through them, it exercises the following functions:

...

17. To grant, by a two-thirds majority of the members of both Houses or for grave reasons of public convenience, amnesties or general commutations for political crimes. In cases where the grantees are exempted from civil liability with respect to private individuals, the State must be obligated to make the proper compensations.


Page 115-116, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER III

TRANSITIONAL ARTICLE 30
The national government is authorized to grant pardons, commutations, or amnesties for political and similar crimes committed prior to the promulgation of the present Constitutional Act to members of guerrilla groups who return to civilian life within the context of the policy of reconciliation. To this effect, the national government shall issue the appropriate regulations. This benefit may not be extended to heinous crimes or to homicides committed outside of combat or to those who prey on defenseless victims.
Courts
National courts
Page 127, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER VIII

TRANSITIONAL ARTICLE 66
Transitional justice instruments shall be exceptional. Their principal objective will be the end of the internal armed conflict facilitation and the achievement of a stable and lasting peace, with the guarantees of non- repetition and security for all Colombians. Such instruments shall ensure at the highest possible level, victims’ rights to truth, justice and reparation. A statute may authorize, within the framework of a peace agreement, a different treatment for illegal armed groups who have participated in the armed conflict and for related state agents.

A statute to guarantee the state duties of investigation and punishment will establish transitional justice instruments of a judicial or extrajudicial nature. In any case mechanisms of extrajudicial nature will be applied to clarify the truth and reparations to victims.

Prioritization and selection criteria shall be inherent to transitional justice instruments. The Attorney General of the Nation will determine the prioritization criteria for the initiation of criminal proceedings. Notwithstanding the general obligation of the State to investigate and punish serious human rights’ violations and international humanitarian law crimes, in the context of transitional justice, the Congress, at the initiative of the Government, may determine by state the selection criteria to investigate crimes against humanity, genocide, or war crimes committed in a systematic manner. Congress may also establish cases, requirements and conditions to suspend executions of a sentence; establish the cases in which the application of extrajudicial sanctions, alternative sanctions, or special modalities for the implementation and enforcement of the sentence may be used; and authorize the conditional waiver of criminal prosecution of unselected cases. The statutory law will take into account the severity and representativeness of cases to determine the selection criteria.
...

TRANSITIONAL ARTICLE 67
For the purpose of participating in politics, a statute shall establish which crimes will be considered related to political crimes. Crimes against humanity and genocide committed in a systematic manner may not be considered related to political crimes. Therefore, those who have been convicted and sanctioned for such crimes cannot participate in politics or be elected.
International courts
Page 20, CHAPTER IV. ON THE PROTECTION AND APPLICATION OF RIGHTS, ARTICLE 93

...

The Colombian State may recognize the jurisdiction of the International Criminal Court in terms of the Rome Statute adopted on July 17, 1998 by the United Nations Plenipotentiary’s Conference and, consequently, ratify said treaty in accordance with the procedure established by this Constitution.
Mechanism
Page 127, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER VIII

TRANSITIONAL ARTICLE 66
Transitional justice instruments shall be exceptional. Their principal objective will be the end of the internal armed conflict facilitation and the achievement of a stable and lasting peace, with the guarantees of non- repetition and security for all Colombians. Such instruments shall ensure at the highest possible level, victims’ rights to truth, justice and reparation. A statute may authorize, within the framework of a peace agreement, a different treatment for illegal armed groups who have participated in the armed conflict and for related state agents.

A statute to guarantee the state duties of investigation and punishment will establish transitional justice instruments of a judicial or extrajudicial nature. In any case mechanisms of extrajudicial nature will be applied to clarify the truth and reparations to victims.

A Truth Commission shall be created by statute. Such statute shall establish its purpose, composition, powers and functions. The Commission powers shall include recommendations for the implementation of transitional justice instruments, including the application of selection criteria.

Prioritization and selection criteria shall be inherent to transitional justice instruments. The Attorney General of the Nation will determine the prioritization criteria for the initiation of criminal proceedings. Notwithstanding the general obligation of the State to investigate and punish serious human rights’ violations and international humanitarian law crimes, in the context of transitional justice, the Congress, at the initiative of the Government, may determine by state the selection criteria to investigate crimes against humanity, genocide, or war crimes committed in a systematic manner. Congress may also establish cases, requirements and conditions to suspend executions of a sentence; establish the cases in which the application of extrajudicial sanctions, alternative sanctions, or special modalities for the implementation and enforcement of the sentence may be used; and authorize the conditional waiver of criminal prosecution of unselected cases. The statutory law will take into account the severity and representativeness of cases to determine the selection criteria.

In any case, the above mentioned special criminal constitutional instruments application shall be subject to conditions such as the abandonment of weapons, recognition of responsibility, contribution to discovering the truth and reparation for victims, the release of hostages, and the decoupling of minors who are illegally recruited and held by illegal armed groups.

PARAGRAPH 1
The application of transitional justice instruments to illegal armed groups who took part in hostilities will be limited to those who demobilize collectively under a peace agreement or individually in accordance with established procedures and with the authorization of the National Government.

PARAGRAPH 2
Under no circumstances transitional justice instruments may benefit illegal armed groups that have not been part of the internal armed conflict, or any member of an armed group that once demobilized continues committing crimes.

TRANSITIONAL ARTICLE 67
For the purpose of participating in politics, a statute shall establish which crimes will be considered related to political crimes. Crimes against humanity and genocide committed in a systematic manner may not be considered related to political crimes. Therefore, those who have been convicted and sanctioned for such crimes cannot participate in politics or be elected.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
Page 68, TITLE VIII. ON THE JUDICIAL BRANCH, CHAPTER VI. ON THE OFFICE OF ATTORNEY GENERAL OF THE NATION, ARTICLE 250

It is the responsibility of the Office of the Attorney General of the Nation, in the discharge of its duties or following a denunciation, special petition or dispute, to bring criminal charges and to conduct the investigation of the facts which may constitute offenses, if there are sufficient reasons to assume the commission of an offense. Excepted are the crimes committed by members of the public force in active service and related to the same service. For such a purpose, the Office of the Attorney General of the Nation shall do the following:

...

6. To request before the judge competent to the try the case the necessary judicial measures to assist the victims, and order the restoration of the law and the integral redress of those affected with the crime.

Page 127, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER VIII

TRANSITIONAL ARTICLE 66
Transitional justice instruments shall be exceptional. Their principal objective will be the end of the internal armed conflict facilitation and the achievement of a stable and lasting peace, with the guarantees of non- repetition and security for all Colombians. Such instruments shall ensure at the highest possible level, victims’ rights to truth, justice and reparation. A statute may authorize, within the framework of a peace agreement, a different treatment for illegal armed groups who have participated in the armed conflict and for related state agents.
A statute to guarantee the state duties of investigation and punishment will establish transitional justice instruments of a judicial or extrajudicial nature. In any case mechanisms of extrajudicial nature will be applied to clarify the truth and reparations to victims.
[...]
In any case, the above mentioned special criminal constitutional instruments application shall be subject to conditions such as the abandonment of weapons, recognition of responsibility, contribution to discovering the truth and reparation for victims, the release of hostages, and the decoupling of minors who are illegally recruited and held by illegal armed groups.
Missing persons
No specific mention.
Reparations
Material reparations
Page 127, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER VIII

TRANSITIONAL ARTICLE 66
...

A statute to guarantee the state duties of investigation and punishment will establish transitional justice instruments of a judicial or extrajudicial nature. In any case mechanisms of extrajudicial nature will be applied to clarify the truth and reparations to victims.
Reconciliation
Page 120, TITLE XIII. ON CONSTITUTIONAL REFORM, TRANSITIONAL PROVISIONS, CHAPTER VIII

Transitional Article 30. The national government is authorized to grant pardons, commutations, or amnesties for political and similar crimes committed prior to the promulgation of the present Constituent Act to members of guerrilla groups that return to civilian life within the context of the policy of reconciliation. To this effect, the national government will issue the appropriate regulations. This benefit may not apply to heinous crimes or to homicides committed outside of combat or to those exploiting the vulnerable state of the victims.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh