The Administrative Court of Cundinamarca declared null and void the decree by which President Iván Duque appointed Diego Molano as head of the Ministry of Defense, a position he has held since February 2021. The court received a lawsuit from lawyer Diana Esther Guzmán Rodríguez, in the company of 12 other people, calling for the nullity of the election requesting the annulment of Molano's appointment, issued by Decree 134 of February 2021.
The lawsuit is argued under four pretensions: to order the provisional suspension of the minister, that the decree by which President Duque appointed Diego Andrés Molano Aponte be declared null and void, that said appointment be suspended and “that as a result of the foregoing order the President of the Republic to make a new appointment that comply with the provisions of Law 581 of 2000, which requires that at least 30 per cent of the highest decision-making positions in ministries be held by women”.
Law 581 of 2000, known as the “Quota Law”, refers to the fact that women must have a minimum of participation in the different entities of the branches (executive, legislative and judicial) and organs of public power. This law is covered by articles 13, 40 and 43 of the National Political Constitution.
Article 13 states that all persons are born free and equal before the law, so that “the State shall promote the conditions for equality to be real and effective and adopt measures in favor of discriminated or marginalized groups”.
Article 40 speaks of the right of citizens to participate in political power (to be able to vote and/or be a candidate, to join public corporations, to hold public office and/or functions, among others), where it states: “The authorities shall ensure the adequate and effective participation of women at the decision-making levels of the Public Administration”.
Article 43 refers to equality of rights and opportunities for both men and women.
These three regulations made it possible to decree that the “Quota Law” creates mechanisms for women to have adequate and effective access to State entities and public offices; in addition, the State should promote the participation of women in civil society.
In fact, in article 3 of Law 581 of 2000, he speaks of the “concepts of other decision-making levels”, explaining that the levels are:
means in any entity or level of the State.
Precisely, this rule decrees that at least 30% of positions at the highest decision-making level, and other levels, must be held by women. In that sense, there are 18 ministries in Colombia, where there are 7 women and 11 men leading these portfolios; but, Molano's appointment became effective on February 1, 2021, when there were only 5 women appointed, which would represent 27.7%, therefore, would violate the norm.
That is what the Court determines which incurs the ruling, the date of the appointment, but not the current status of the government cabinet. At that time, the ministers who were appointed were:
Claudia Blum in the Foreign Ministry, a portfolio currently held by Vice-President Marta Lucía Ramírez.
Mabel Torres in Science, Technology and Innovation, ministry currently occupied by Tito José Crissien.
Karen Abudinen in ICT, who came out because of the scandal of Centros Poblados, a ministry currently led by Carmen Valderrama.
María Victoria Angulo in Education, still in office.
Ángela María Orozco in Transport, also currently in office.
This means that, although what the Administrative Court of Cundinamarca accuses is true, the current situation complies with the norm, which is why Minister Molano's statement:
In fact, President Duque referred precisely to the fact that the “Quota Act” is currently being complied with,
We will then wait for the appeal and see what determination or actions the Court will require of the government, on the enforcement of the judgment.
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