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The Electoral World PRESENTATION The Electoral World Magazine, in its N° 31 edition, shows in the cover the former magistrate Erasmo Pinilla, the founder of this publication, together with me, since now I occupy this position as director. The image represents the transition of the magazine to the second generation of the board of directors. This edition contains the usual balance of national and international authors, in order to offer the readers an overview of the electoral situation of the region that joins the electoral norms, idiosyncrasy, culture, tradition and social framework of each nation. This edition has the contribution of the essay writers Juan Carlos Galindo Vácha, “The autonomy as budget to strengthen and to guarantee the political participation”, and Juan Carlos Pérez, “The opening of the system of postulations in Panama after the Law 29th of 2017”. Besides, the Panamanian jurist Julio Ernesto Linares Franco writes over the “Origins of our Republic”. The authors Lorena González Ortega, Paula Suárez and Diana Batista Guevara present their works over the identity of gender and the role of the Latin American women in the evolution of the democracy of the region. We hope that this edition, that contains the customary sections that include the re-launching of the magazine, contributes to enrich the electoral culture of our kind readers. Alfredo Juncá Wendehake Director de Mundo Electoral Electoral World Magazine// January 2018 1 CONTENT 3 The Autonomy as Budget to Strengthen and to Guarantee the Political Participation Juan Carlos Galindo Vácha The Opening of the System of Postulations in Panama after the Law 29 of the 29th of May 16 of 2017 Juan Carlos Pérez Cortés 20 The Evolution the Ecuadorian Electoral System from a Constitutional Perspective Ricardo Andrade Participation of women facing the political harassment and violence 25 Lorena González Ortega 33 The Issue of Gender in Electoral Matter in the Republic of Argentina Paula Suárez 44 Marta Matamoros, a woman of great substance and integrity Dania Batista Guevara 48 2017 Project of Electoral Inclusion in Honduras Ricardo Valverde Gómez 55 Origins of our republic. Panama Julio Ernesto Linares Franco 62 Events 76 Institutional Social Responsability 79 Who is Who? 81 Electotips 82 Glosary Cover: Alfredo Juncá Wendehake, magistrate second vicepresident and Mundo Electoral Magazine director, with the ex magistrate Erasmo Pinilla C., in the presentation of 2 Electoral World Magazine // January 2018 Mundo Electoral magazine´s new image. THE AUTONOMY AS BUDGET TO STRENGTHEN AND TO GUARANTEE THE POLITICAL PARTICIPATION Juan Carlos Galindo Vácha Colombia NATIONAL REGISTRAR OF THE CIVIL STATUS - COLOMBIA He is a lawyer from the Pontifcal Javeriana University. He also has a Master´s degree in Law and Economics of Insurance from the Catholic University of Lovaina (Belgium). He was auxiliary magistrate of the of the civil cassation court of the Supreme Court of Justice and delegate procurator before the Third and Fifth Sections of the State Council. In the year 2007 he worked provisionally as national registrar of the Civil Status in order to organize the regional elections of that year. Since the year 1991 he is a professor of the Faculty of Juridical Sciences of the Pontifcal Javeriana University in different courses of pre-graduate and post-graduate programs. On the 3rd of December of 2015 he assumed the position as national registrar of the Civil Status. In the present article, the thesis in virtue of which the expansion of the democracy and to the generation of an autonomy of the organisms in charge of guaranteeing active citizen culture, are valued through institutions that the electoral function is defended, since it contributes to promote the management of the communication in the the maturing of the democracy through the promotion public issues In the second part of this article, specifcally in request forms to convoke mechanisms of citizen the political participation is analyzed, in the Colombian participation. In particular, the text is divided in two case, through the confguration of the National Registrar sections: In the frst one, which has been called the political of the Civil Status in the 1991 Political Constitution and participation in the theory, a valuation of the participating in the balance of the functioning of the mechanisms of democracy and the consecration of the mechanisms of citizen participation in the legislative changes that have citizen participation as institutions that contribute to the taken place. Electoral World Magazine// January 2018 3 1. THE POLITICAL PARTICIPATION IN THE THEORY 1.2 THE MECHANISMS OF CITIZEN PARTICIPATION IN DETAIL 1.1 PARTICIPATING DEMOCRACY In spite of the fact that in Colombia, neither in the In the nineties decade of the past century, the direct Constitution nor in the law had been regulated the democracy mechanisms are generalized in the latin mechanisms of citizen participation, in 1957 experience of american constitutions (Lissidini, 2008), and Colombia a Plebiscite took place, whose results were analyzed in the was not an exception with the issuing of the 1991 Political second part of this article, together with the mechanisms Constitution. It was due to this that in the article 31 if of the other mechanisms of participation. the supreme norm, it was emphasized the fact that the sovereignty belongs to the political constitution and it Maybe as reaction to this normative absence the mass is only submitted to itself at the moment of governing consecration of seven mechanisms of participation were (Marshall, 2010). This is the postulate of the popular presented in this way: “Article 103. The following are sovereignty. Our Constitution was generous in turning mechanisms of participation of the people in exercise of the participation in a fundamental axis of the Social and their sovereignty: the vote, the plebiscite, the referendum, Democratic State of Right. There are three elements of the popular consultation, the open town hall, the structured participation in the constitutional system: legislative initiative and the revocation of mandate. The one is the direct democracy that is related with the law will regulate them…”. Besides, it was established mechanisms of participation and it is characterized by its that the regulation of these institutions will be carried electoral nature, object of analysis in this article, given its out through the statutory laws that have a greater relationship with the functions of National Registrar of transcendence, given the requirements of majority for the Civil Status2. the approval, the themes that are of legal reserve and the constitutional control of previous, automatic and integral The aim of the constituent was to achieve more control. participation of the civil society in the control of the power in the decision making. For this it was yielded to have way from a merely representative democracy to a participating democracy, just as it was pointed out by the Constitutional Court in the judgement C-179 of 2002 indicating that the participating For this, in the article 40 of the 1991 Political Constitution, where the political rights of the citizenship are consecrated, a listing of the possibilities to make them effective is made, being the right to elect and to be elected just one of the many manifestations for its exercise, taking into consideration that there exist diverse ways of direct democratic participation of the people3. Revocation of Mandate – San Benito Abad – Sucre 1 Political Constitution of Colombia. Article 3°. The sovereignty resides exclusively on the people, which results from the public power. The people exerts it in a direct way or through its representatives, in the terms in which the Constitution establishes. 2 In the constitutional architecture it was also established the citizen participation in the public management and for this the the planning councils at the territory levels were planned, which have been acquiring relevance for the development plans. Finally, the third axis for the follow up and control was the citizen veedurías system, which has also been developed with important results. (Londoño, 2009). 3 Article 40 of the Political Constitution: “Article 40. Every citizen has the right to participate in the conformation, exercise and control of the political power. In order to make effective this right he/she can: 1. Elect and being elected. 2. Take part in elections, plebiscites, referrendums, popular consultations and other forms of democratic participation. 3. To build parties, movements and political groupings without any limitation; to be part of them freely and to spread their ideas and programs. 4. To revoke the mandate of the elected ones in the cases and in the way that the Constitution and the law establish. See Law 131 of 1994. 5. To have initiative in the public corporations. 6. To present public actions in defense of the Constitution and of the law. 7. Developed by the Law 43 of 1993. To access to the performance of functions and public positions, except for the Colombians, by birth or by adoption, that have double nationality. The law will regulate this exception and will determine the cases to which it should be applied. The authorities will guarantee the adequate and effective participation of the woman in the decission levels of the Public Administration”. 4 Electoral World Magazine // January 2018 THE AUTONOMY AS BUDGET TO STRENGTHEN AND TO GUARANTEE THE POLITICAL PARTICIPATION It was in this way how the Constitutional Court in the Sentence C – 180 of 1994 over these mechanisms stated: “The principle of democratic participation expresses not only On the contrary, the a system of decision making, but also a model of social and derogation and the political behavior, based on the principles of pluralism, the tolerance, the protection of the rights and freedoms as well as revocation ones are reactive, in a great responsibility of the citizens in the defnition of the are mechanisms that look collective destiny.
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