Extraordinary powers, sanctioned by Congress in the National Development Plan to rule on more than a dozen issues, suggest potential abuse by the office of president.
Carlos Restrepo Piedrahíta, in his evaluation of constitutional developments in Latin America and Colombia, draws attention to the “influx of the monarchical tradition” in “Ibero-American regions” and “the psychology of the most outstanding leaders.” He uses the figure of a lifelong president, installed in the Bolivian Constitution by Simon Bolívar as an example, before adding that in the 20th century, state interventionism reinforced the position of an “imperial president” in place of a “constitutional head of state.”
Though the 1991 Constitution limited its powers, it preserved the office of president. The head of state was to preside over fiscal and legal appointments, define exception periods with fixed timeframes and retain exclusive authority over the economy and in the discretionary management of international relations. According to Catherine Faivre (Savoy Mont Blanc University, France), the Constitution “is characterized by an excess of presidential powers” in a “special regime that leans towards of parliamentarism.”
Such a combination means a strong deference to the whims of the leader. Colombia lived through the authoritarian charm of Álvaro Uribe, supported by Carlos Gaviria, when “those in power incited civil unrest, in clear violation of the rule of law and without people realizing it.” Santos was seduced by the “parliamentary temptation,” and as a result of the scandal, he established peace laws and free trade agreements with the Ñoños and other similar groups.
In just six months in power, Gustavo Petro has shown how he intends to proceed as a leader. On Jan. 22, when the Colombian Organization of Students exposed failures to fulfill promises made on education in rural areas, Petro dismissed the issue as a matter for the political “sector” where “it belongs.”
He called upon his followers on the same date that protests over his plans, including those on health, were announced. As he has affirmed since 2021, these plans are consistent with those of President Joe Biden. Supervised by the Organization for Economic Co-operation and Development, the International Monetary Fund and the World Bank, he also liaised with businesses in the United States under the guise of economic policy and consulted foreign embassies. He ignores the demands of protesters, exploits the constitutional right to public and peaceful protest, and pressures voters in Congress on official matters.
He has delegated responsibility to the regulatory commissions for public services. Will he cancel the surcharge of 3% to the energy sector, which is set to charge its users 832,000 pesos (approximately $45,222) between 2023 and 2026, as part of the new fiscal reform? It is not known if, according to the law, royalties will be used to finance investments that alleviate the heavy tax regime in the Caribbean or if the government will maintain bountiful profits for businesses under the criteria of financial sufficiency that the decree maintains to operate, or if the high Producer Price Index will be a factor in adjusting the costs of generating energy. The future of energy users, taxes and energy suppliers remains at the mercy of Petro’s will.
He continues to discredit the media and intimidate his opponents. The Foundation for Press Freedom announced that he has referred to (and at times mocked), nine media outlets and rudely or sarcastically disparaged journalists on nearly 34 occasions, and “displays a negative attitude towards freedom of expression.”
As part of his aggressive style, he dismissed Invamer’s investigation into the health system involving 2,704 people from 104 regions and financed by the National Business Association of Columbia with the inane argument that the health system belongs to relatives of “the person who set up the Health Promotion Agencies,” who has been dead for 20 years. Petro rejected the investigation altogether rather than extracting information from its findings that might help him improve his own policies or at least lead to a civilized debate.
The incident with the Bogotá subway was characteristic of this Petro-cracy. Having threatened to defund works for the city unless a subway was built, he then used the territorial governments to overrule public opinion. Altogether, extraordinary powers, sanctioned by Congress in the National Development Plan to rule on more than a dozen issues, suggest potential abuse by the office of president.
Like any other Donald Trump, this “imperial president” who Restrepo said arbitrarily stifles debate, appeals to the democratic conundrum of bringing together the public opinion of 11 million voters, aggravates social division, and creates havoc with the institution of the presidency, an institution that according to article 188 of the Constitution representing 50 million Colombians, “symbolizes national unity” and guarantees “rights and liberties to all.”
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