In a statement delivered at a session of the United Nations (UN) Security Council in New York on Thursday, July 11, President of Colombia, Gustavo Petro, outlined his proposed mechanisms for implementing changes in the country following the Peace Accords with the former FARC guerrilla group.
One proposal involved requesting the passage of several laws through Congress on a fast-track basis to modify fundamental regulations. This, Petro stated, would be a matter for public discussion and consideration by the Colombian people.
Former President Iván Duque spoke out once morest that idea. | Photo: GUILLERMO TORRES
Following the announcement, former President Iván Duque responded via X (formerly Twitter), warning:
1. The so-called “reforms of change” will be presented as mechanisms linked to the process with the FARC, falsely suggesting they are part of the agreement’s implementation.
2. With the government’s term nearing its end, they will attempt to justify a fast track to approve these purported “change reforms.”
3. The aim is to reduce legislative timelines using the fast track to impose the government’s agenda.
However, they conveniently overlook that, thanks to a lawsuit we won in 2017 before the Constitutional Court, the fast track is no longer in effect. Therefore, they will need to proceed with a legislative act (requiring eight debates) to amend the Constitution. They are seeking a disingenuous mechanism to weaken the legislative process and, consequently, undermine Congress in an attempt to replace the Constitution.
We have already defeated these abuses once, and we will do so as many times as necessary.”
The former president cited a 2017 article from SEMANA, which described the Constitutional Court’s decision to strike down the fast track. The court’s decision was based, in part, on the violation of the principle of separation of powers.
The Court ruled at the time that bills and legislative acts might only be modified if they align with the content of the Peace Agreement and have the government’s endorsement.
Petro launched the idea before the UN Security Council. | Photo: HIM
While a senator for the Democratic Center during the Santos administration, Iván Duque had argued once morest the fast track, stating that it limited Congress’s ability to make changes, requiring the government’s approval and affecting the legislative branch’s independence. The Court ultimately sided with his position.
“Crucial reforms for the country must follow the procedures outlined in the Constitution and law, allowing for societal-wide debate. Our Constitution recognizes the balance of powers and the checks and balances required by the Executive branch. In matters as delicate as the implementation of Agreements with the FARC, Congress was restricted to modifying only what the government approved. This undermines the separation of powers and, combined with the fast track, nullifies the representation of citizen power,” Duque questioned at the time.
Petro proposes reviving the fast track in Congress.
“This is what they called, in English, a ‘fast track’ method to approve laws in the Congress of the Republic. This process has been used before, during the Santos government, for the initial phases of the peace agreement with the FARC. Now, we must implement changes to the regulations that facilitate the implementation of the peace agreement’s outcomes,” the president stated in New York.
Petro Proposes Fast-Track Reforms, Duque Clashes on Constitutional Legality
Colombian President Gustavo Petro, during his address to the UN Security Council on July 11, outlined his vision for implementing the Peace Accords with the former FARC guerrilla group. A key proposal was the use of a fast-track mechanism in Congress to expedite changes to the country’s fundamental regulations. This suggestion sparked immediate controversy, with former President Iván Duque voicing strong objections.
Fast-Track Reforms: A Controversial Proposal
Petro’s proposal involves fast-tracking congressional approval for “reforms of change” that he claims are linked to the implementation of the Peace Accords. He argued that this approach would accelerate the process of enacting essential changes and bring the country closer to the goals of the peace agreement. This proposal is based on the country’s past experience with fast-track legislation used for implementing the initial phases of the Peace Accords under the Santos administration.
Duque’s Counterarguments: Constitutional Legality
Former President Duque, in a series of tweets, responded fiercely to Petro’s proposal, asserting that the so-called “reforms of change” are not genuinely tied to the Peace Accords but are simply a tactic to push through the government’s agenda. He also highlighted the potential for the fast-track mechanism to compromise the separation of powers.
Duque’s Arguments:
- Fast-Track Circumvention: Duque argues that Petro’s proposal aims to circumvent the constitutional process for legislative reform, reducing the normal legislative timeframe and empowering the executive branch.
- Constitutional Court Ruling: Drawing attention to a 2017 ruling by the Constitutional Court, Duque maintains that the fast-track mechanism is no longer legally viable. The court, back then, deemed the fast-track unconstitutional, citing violations of the separation of powers.
- Limited Congressional Power: Duque further contends that the fast-track approach might limit Congress’s independent role and ability to independently amend legislation, placing undue power in the hands of the government.
Duque’s Previous Position:
The former president’s opposition to the fast-track mechanism is rooted in his earlier stance when he was a senator. During the Santos government, Duque argued that the fast-track limited Congress’s ability to propose changes, as those changes required the government’s approval. The Constitutional Court ruled in his favor, annulling the fast-track system.
Duque’s Demand for Transparency and Debate
The former president emphasizes the importance of transparency in passing reforms that significantly impact the nation. He strongly believes that such reforms must undergo a thorough and inclusive public debate, allowing all stakeholders, including Congress, to participate in shaping the legislation. Duque sees the fast-track as undermining this fundamental principle of democratic governance.
The Fast-Track Debate: A Looming Constitutional Challenge
The fast-track proposal has plunged Colombia into a heated constitutional debate. President Petro champions it as a pragmatic solution for accelerating crucial reforms stemming from the peace agreement. Conversely, former President Duque, drawing upon past precedent and constitutional principles, vigorously opposes it, warning of its potential to weaken the legislative process and undermine the separation of powers.
As the Colombian government grapples with implementing the Peace Accords, the fast-track debate will undoubtedly intensify. The fate of this proposed mechanism hinges on whether Petro’s government can convince Congress and the judiciary that it is a legitimate tool for advancing peace and reforms. The outcome of this debate will have far-reaching implications for the balance of power in Colombia and the future of the peace process.
