COLOMBIA: Constituent assembly by the backdoor?
Colombia’s former president Juan Manuel Santos (2012-2018) has come out all guns blazing after former foreign minister Álvaro Leyva contended that President Gustavo Petro would be perfectly within his rights to convene a constituent assembly without any need for congressional approval. Leyva’s proposal was politically incendiary. Petro first raised the prospect of a constituent assembly in March to overhaul state institutions amid frustration that his reform agenda was being stymied by congress. Despite Petro’s assertions to the contrary, the political opposition immediately interpreted this as an attempt to reform the constitution to enable him to stand for re-election.
Leyva maintained on 3 June that a paragraph in the peace accord struck with the Fuerzas Armadas Revolucionarias de Colombia (Farc) in 2016, when Santos was in office, empowered President Petro to convoke a constituent assembly, conveniently passing over congress, where he would lack sufficient support for such an initiative.
Leyva’s comments provoked a huge backlash. Senator Humberto de la Calle, the head of the government negotiating team with the Farc under Santos, said Leyva was “absolutely wrong”. Former interior minister Juan Fernando Cristo, another former government negotiator, responded by saying that “seven years after the event, Leyva has invented a supposed constituent assembly incorporated into the text [of the accord] that somehow escaped the notice of fierce opponents of peace who neither saw it nor criticised it”.
In an interview with the national daily El Tiempo on 5 June, Santos said he had written a letter to United Nations Secretary General António Guterres asserting that nothing contained within the peace accord with the Farc allowed for a constituent assembly to be convened outside of the constitution; that the whole debate around the matter was “harmful” and “confusing and distracting when the country has much more important problems”; and that if Petro went to New York to seek support from the United Nations Security Council (UNSC) for something that is “openly unconstitutional” he would look “ridiculous” and, in the politest possible way, should be brushed off.
Leyva, who was permanently replaced as foreign minister by Luis Gilberto Murillo on 21 May, having been suspended in February over irregularities [WR-24-08], has refused to back down, even though the paragraph he is referring to contains nothing that could be explicitly interpreted as validating a constituent assembly. Petro, for his part, gave an equivocal response. While he adamantly ruled out any intention of standing for re-election (barred under the present constitution) in a meeting with the diplomatic corps on 4 June he refused to rule out a constituent assembly “in the future”.
Santos said that rather than looking for something that is not in the peace accord, the government should concentrate on implementing what is contained within it. He was scathing of Petro’s determination, revealed on 15 May, to attend the next quarterly progress report meeting of the UNSC to denounce the Colombian state for resiling on its commitment to implement the peace accord with the Farc. “This makes no sense, he is going to make a demand against a state of which he is head, nobody is going to understand that,” Santos said.
Santos criticised the implementation of the accord by the right-wing administration of Iván Duque (2018-2022) but he said that Petro, for all his rhetoric, had done no better and his administration had consistently criticised the transitional justice system (JEP). Santos said that the demobilised former Farc commander Rodrigo Londoño Echeverri (‘Timochenko’), had even said that Duque had done more for the peace accord than Petro. Londoño, now the president of the Farc political party Comunes, implied that Petro was more determined to secure his own legacy by securing ‘total peace’, through peace processes with former Farc dissident groups among others, which was often at the expense of the peace accord.
The fact that the former head of the Farc negotiating team, Luciano Marín Arango (‘Iván Márquez’), who took up arms again in 2019 and now leads the dissident Farc group Segunda Marquetalia, has publicly supported the call for a constituent assembly has deepened distrust of Petro’s intentions. The government is scheduled to begin peace negotiations with Segunda Marquetalia in Caracas on 24 June [WR-24-22].
Murillo, for his part, downplayed the significance of the constituent assembly debate, after attending a meeting of the UNSC in New York on 6 June. He said that when Petro attends the next session of the UNSC on 11 July he would focus on the difficulties the government had encountered in implementing the peace accord and would not ask for it to endorse a constituent assembly. He said that Colombia as a society needed to make every effort to advance in the construction of peace and reconciliation.
New trade minister
President Petro has dismissed his trade, industry, and tourism minister, Germán Umaña Mendoza, who had held the position since he came to power in August 2022, and replaced him with the head of the national tax agency (Dian), Luis Carlos Reyes, on 11 June. Reyes had resigned as head of the Dian on 22 May. He was criticised by the finance minister, Ricardo Bonilla, for exaggerated forecasts of tax revenue. Petro challenged Reyes to diversify trade away from coal and oil.
Health sector
The health insurance company Sura has announced that it will cease to operate in Colombia’s social security system and will transfer its 3.8m customers to another private health insurer (EPS). The president of Sura, Juana Francisca Llano, said it had been “a very difficult situation” but “the situation of the Colombian health system is a historic and structural problem”. It said it had made net losses of more than Col$360bn (US$93.5m) between 2022 and 2023 and for 2024 was projecting that these would rise to Col$500bn. The president of the Asociación Colombiana de Empresas de Medicina Integral (Acemi), Ana María Vesga, savaged the government’s “destruction of the greatest social advance in the country’s whole history” that would be “irreversible”. Petro maintained that he had no intention of financially suffocating the EPS out of vengeance, claiming that the sinking of his government’s health reform by the senate had “a domino effect of bankruptcy on EPSs”.