Constitutional Court Bans Paramilitarism in Colombia

The High Court, unanimously, approved the legislative act 05 of 2017 whereby the provisions are dictated to ensure that the legitimate monopoly of force and the use of arms is exclusive of the state.

With 9 votes in favor and none against, the Constitutional Court approved the legislative act 05 of 2017 by means of which the formation of paramilitary groups in Colombia is expressly prohibited. In addition, through this legislation, provisions are made to ensure that the legitimate monopoly of force and the use of arms is exclusive to the State.

Thus, in the Constitution, it is clearly noted that the formation of groups " including the so-called self-defense, paramilitary groups as well as their networks, structures or support practices, groups Security for Purposes

This Act, which had already been approved by the Plenary of the Senate is part of a set of standards that have been discussed for the development of the implementation of the Havana Peace Agreement See also: Prohibition of paramilitarism, a reform that raises blisters

Thus, the full text of Article 22A of the ] Political Constitution of Colombia Remains as follows:

"As a guarantee of No Repetition and in order to help ensure the legitimate monopoly of force and the use of weapons by the State, and in particular by the Force Publique , throughout the territory, creation, promotion, instigation, organization, instruction, support, tolerance, concealment or promotion, financing or employment official and / or private armed civil groups organized for illegal purposes is prohibited. of all kinds, including so-called self-defense, paramilitary groups, as well as their support networks. structures or practices, security groups for illegal purposes or other equivalent denominations. The law will regulate the criminal types related to these conduct, as well as the corresponding disciplinary and administrative sanctions. " In context: Conciliated in the ban of the Congress of Paramilitarism

When the discussion of this constitutional standard was fed into Congress, the National Council of Trade Unions which groups together leading private organizations of the economic sector, asks to stop the process, believing that the inclusion of this postulate in the Constitution could have the implication "very serious" of inexorably, the legitimacy of the & lég lég lég,,,,,,,,,,,, State. "

Despite the votes against, in October 2017 the Congress approved the draft by a majority of votes, and more than five debates attempted to advance the conciliation text on this new standard.

"Finally, the last step was taken to vote the legislative act that forbids paramilitarism.Unfortunately we would have liked the vote to represent the majority of the Senate, however, only 57 votes in favor of the Reform Now, those who have suffered from the violence of these structures already have a new tool to defend their rights, "said Judith Maldonado, representative of Voces de Paz in the Senate.