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Colombia - Government

Colombia is a middle-income country and one of the oldest democracies in Latin America. However, it has endured nearly half a century of intense armed conflict, perpetuated by widespread illegal drug production and trafficking. Longstanding violence and instability is rooted in territorial control by illegal armed groups and terrorist organizations, and a large internally displaced population. In response, the Government of Colombia is working to re-establish state control in various areas through a phased approach combining security, counter-narcotics, and economic and social development.

The Colombian government consists of a democratically elected representative system with a strong executive. The president, who is the head of state, has the power to appoint and remove cabinet ministers. A 2005 constitutional amendment allows the president to hold office for two consecutive 4-year terms [previously the President was elected for a non-renewable four-year term]. The legislature is a bicameral congress consisting of a 102-member Senate and a 161-member Chamber of Deputies, with all members directly elected for four-year terms. There are two main "traditional" parties, the Partido Liberal (PL) and the Partido Social Conservador (PSC).

In recent decades Colombia has enjoyed virtually uninterrupted constitutional and institutional stability, with only limited influence from the military. There is a strict separation of powers between the executive, the legislature and the judiciary, with the Supreme Court held in high regard. The Constitutional Court can and does challenge the legality of both executive and legislative measures.

The 1991 constitution brought major reforms to Colombia's political institutions. While the new constitution preserved a presidential, three-branch system of government, it created institutions such as the Inspector General, a Human Rights Ombudsman, a Constitutional Court, and a Superior Judicial Council. It also re-established the position of Vice President. Other significant reforms in the 1991 constitution provided for civil divorce, dual nationality, and the establishment of a legal mechanism ("Tutela") that allows individuals to appeal government decisions affecting their constitutional rights and defined the state as pluri-ethnic, creating special seats for indigenous and Afro-Colombian representation in the Congress. The 1991 constitution also authorized the introduction of an accusatory system of criminal justice to be instituted gradually throughout the country, replacing the previous written inquisitorial system.

Through the 1991 Constitution, Colombia enshrined three independent and autonomous branches of power, as well as electoral management entities. Public power in Colombia is distributed in the Executive, Legislative and Judicial branches, designed since 1945, and entities for electoral organization and control agencies established by the 1991 Constitution.

The Executive Branch, led by the President of the Republic, is mainly composed of governorates, municipalities and ministries. Its role is enshrined in the article 115 of the National Constitution. Under the 1991 Constitution, the President is elected by a majority (more than 50%) vote with direct and universal suffrage (a second round takes place if no presidential candidate obtains a majority). The President (both head of government and chief of state) is in charge of the general administration of the country and the protection of the National State interests, and is also the Commander-in-Chief of all the Armed Forces. The President is also empowered to direct foreign relations of the State, to declare a state of emergency and suspend liberties, and to convene extraordinary sessions of Congress. The term of office is 4 years, and the President may be re-elected to a single consecutive term. The President appoints the Ministers and directors of administrative agencies. In the administrative area, the President is officially empowered to organize public credit, recognize national debt and arrange its service, and regulate international exchange and foreign commerce, customs duties, tariffs, and charges. Exercise of these powers, however, is subordinate to laws passed by Congress.

Ministers are in charge of Ministries (devoted to domestic affairs and justice, foreign affairs, defense, finance, education, energy, commerce and industry, culture, environment, communications, transportation, agriculture, and social welfare). Ministers endorse and authenticate, by virtue of their signatures, certain presidential actions that would not be effective otherwise. As head of a ministry and a member of the cabinet, a minister holds a position that is simultaneously administrative and political. The most important function of the Ministers and directors of administrative agencies are to set national policy in all areas of governmental activity.

The Legislative Branch counts with a bicameral structure that integrates the Senate Congress and the Chamber of Representatives. The elections are through popular vote and its members must be at least 30 years old. The Senate is form by 102 members, two of them on behalf of the indigenous communities. In the meantime, the House of Representatives is conform by 166 members of which 161 are chosen according to their territorial constituency (departments and District Capital) and the remaining five represent Afro-descendants communities, indigenous, Colombians abroad and political minorities.

The Judicial Branch manage the justice in Colombia. It is compose by organisms like the Supreme Court of Justice, the Constitutional Court, the State of Council, the Supreme Council of Judiciary, Special Jurisdictions and the General Prosecutor of the Nation.

Autonomous public entities are organizations that serve the State. Among them are supervisory entities such as the Public Prosecutor or the Attorney and the Comptroller, as well as the National Electoral Council, and the Republic Bank.