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Women in the Colombian Congress

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Women in the Colombian Congress International IDEA, 2002, Women in Parliament, Stockholm (http://www.idea.int). This is an English translation of Piedad Córdoba Ruiz, “Mujeres en el Congreso de Colombia”, in International IDEA Mujeres en el Parlamento. Más allá de los números, Stockholm, Sweden, 2002. (This translation may vary slightly from the original text. If there are discrepancies in the meaning, the original Spanish version is the definitive text). CASE STUDY Women in the Colombian Congress PIEDAD CÓRDOBA RUIZ Colombia has traditionally been recognized for its democratic stability. Situated in the Andes, with a population of 42 million, Colombia is currently the setting of an armed conflict that has dragged on for more than 40 years, and which has reached devastating proportions for Colombians. More than 30,000 persons are killed each year in the conflict and in violence generally; the implications for women, who constitute 52 per cent of the population, are nefarious. Human rights organizations estimate that approximately one-and-a-half million persons have been victims of forced displacement. Some 44 per cent of the displaced population are in women-headed households. In the year 2000, 13,969 women heads of families were expelled from their homes and regions due to the violence. Forced displacement has been one of the fundamental factors in the worsening social, economic, political and cultural status of women, especially in rural areas. This is why human rights organizations have described forced displacement as a genuine humanitarian catastrophe that is not being stopped.1 In politics, Colombia is no exception regarding inequality between men and women in access to decision-making positions. Perhaps to a greater extent than elsewhere in Latin America, there is a prevalence of cultural norms that deny women the opportunity to share in the exercise of power, with all the limitations on the development of democracy and well-being implicit in that exclusion. This case study provides an overview of the general political context of women’s participation in the Colombian Congress, examines some of the main explanations for their precarious situation, and presents some strategies for addressing the challenges, and a series of lessons learned in terms of the impact of women’s participation in Congress. Perhaps to a greater extent than elsewhere in Latin America, there is a prevalence of cultural norms that deny women the opportunity to share in the exercise of power, with all the limitations on the development of democracy and well-being implicit in that exclusion. General Political Context Colombia, according to its Constitution, is a social state under the rule of law (Estado social de derecho) organized as a unitary republic that is decentralized. The sub-national political–administrative units enjoy autonomy. And it is democratic, participatory and pluralist. Colombia is made up of 32 departments and one capital district. Legislative powers are vested in the Congress, made up of the Senate and the House of Representatives. The Senate is made up of 100 senators, elected in a single national electoral district, and two elected by the indigenous communities. The House of Representatives is made up of 161 representatives elected by the departments and the capital district, in proportion to their population, plus five more elected in special electoral districts by the Afro-Colombian communities, the indigenous communities, the political minorities, and Colombians residing abroad. Both the senators and the members of the House are elected for four-year terms. In 1954, Colombian law recognized women’s right to vote (or to not vote), after 20 countries of the region had already adopted that reform. With a similar lag, in 1933 the Colombian state had recognized women’s right to enter the universities. This means that for almost 20 years women with a university degree could not exercise the right to vote, while a large percentage of men without any academic training were qualified to vote. In recent years some strides have been made expanding social awareness about exclusion and its negative effects on development and democracy. Women’s social organizations have performed a fundamental role in this progress, sensitizing political sectors who have supported legal responses to back women’s demands. 1 The 1991 Constitution provides that women and men are equal before the law, that both will receive the same protection and treatment from the authorities, and shall enjoy the same rights, freedoms and opportunities.2 It also provides that all citizens have the right to participate in the formation, exercise, and oversight of political power, and that to uphold that right they can vote and be elected. It adds that “the authorities shall guarantee the adequate and effective participation of women in decision-making levels of the Public Administration”.3 In developing this provision, the Congress adopted Law 581/2000, which recognizes and regulates the right of women to hold at least 30 per cent of the positions at the highest administrative decision-making levels in the three branches of government – legislative, executive and judicial – and at other decision-making levels, with powers of management and direction in designing, planning, coordinating, implementing and monitoring the actions and policies of the state (this provision, though binding, is being applied in only 137 of the 1,174 state institutions). Nonetheless, it has not been possible for the Congress to approve a law that recognizes that women have an equal right to participate in the organs of political representation (Congress, departmental assemblies, district and municipal councils), and in political parties and movements, although several bills have been introduced along those lines. Women’s Access to Elective Office Historically, women have been excluded from the exercise of political power. This is reflected in the low number of women at the top-level decision- making positions in government, despite the social and cultural transformations that have taken place in recent decades, which have been favourable to women’s legal position and education. As of the 1991 Constitution, which resulted from a broad consensus among the different political forces of the nation, participation is a value that inspires the essential aims of the Colombian state and its political organization. The Constitution regulates the procedures for acceding to political power. Historically, women have been excluded from the exercise of political power. This is reflected in the low number of women at the top-level decision-making positions in government, despite the social and cultural transformations that have taken place in recent decades, which have been favourable to women’s legal position and education. Colombian women could be elected to legislative organs for the first time in 1958. From 1958 to 1974, the average of women’s participation in such organs was as follows: • Senate: 2.01 per cent • House of Representatives: 4.43 per cent • Departmental assemblies: 8.15 per cent • Intendancy councils: 3.07 per cent • Municipal councils: 6.69 per cent Women’s overall average political participation during that period was 6.79 women for every 100 men.4 From 1978 to 1988, women’s participation in these organs was as follows: • Senate: 1.5 per cent • House of Representatives: 5.1 per cent • Departmental assemblies: 8.3 per cent 5 • Municipal councils: 8.1 per cent. 2 Women’s participation in Congress and other elective offices since the Constitution came into force in 1991 is shown in tables 1 and 2. Table 1: Colombian Women in the National Congress Term Percentage of women representatives Percentage of women senators 1991–1994 8.6 7.29 1994–1998 12.7 6.48 1998–2002 11.8 13.43 2002–2006 12.6 9.8 Source: Constitutional Court, Judgment C-371 of 2000; and the results of the 2002 elections. Table 2: Colombian Women in Elective Posts at the Sub national Level Post 1993–1995 1995–1997 1998–2000 percentage women percentage women percentage women Governors 3.7 6.25 0 Mayors 5.5 5.87 5.04 Departmental 10.1 11.35 14.57 Municipal councils 5.2 9.71 10.32 Source: Constitutional Court, Judgment C-371 of 2000. In Congress, no woman has held the post of president of the House or Senate. In the last elections for Congress (for the 2002–2006 term), held in March 2002, 10 women senators were elected (9.8%), along with 21 women representatives to the House (12.6%), which indicates a decline in women’s representation with respect to the 1998–2002 (see above). The figures also reveal precarious participation in the executive and judicial branches. From 1990 to 2000, the highest annual percentage of women cabinet ministers was 12.25 per cent in 1996, and of vice-ministers 21.4 per cent, in 1990 (the minimums were 6.25 per cent in 1997, and zero in 1995, respectively). During the same period, neither the Supreme Court of Justice nor the Constitutional Court had any women members, while the average annual percentage of women members of the Council of State was 14.8 per cent. No woman has ever held the post of Comptroller General of the Republic (Contralor General de la República) or Inspector General of the Nation (Procurador General de la Nación). Nonetheless, two figures are striking: (a) of the total number of public employees in the administrative career service, 54 per cent are women and 46 per cent men, and (b) 26 per cent of the auxiliary justices in the Supreme Court of Justice are women, 50 per cent in the Council of State, and 56 per cent in the Constitutional Court. This suggests that women reach the thresholds of power, but are not allowed to go further. The pyramid that has been used to illustrate gender discrimination, with very high participation of women at the lowest level, and very low participation at the top, continues to be a reality in Colombia.
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