Esumer: Social and Political Culture

• Esumer stands for Educación Superior
• The presentation discusses social and political culture
• Hilda Doris Zuluaga Munera is listed as the presenter of the material with email: [email protected]
• Hilda Doris Zuluaga Munera is a lawyer specialized in Customs Legislation

Context: International Trade and Influences

• International trade is influenced by social and political aspects at both national and international levels
• This influence results from a lengthy historical evolution marked by events that led to the creation of international trade institutions.
• Understanding the nature and reasons behind the dynamic environment influencing international trade is essential.

Knowledge System

• Includes the history of social and political thought

• Knowledge system includes the construction of the social

• Focus is put on the State and Society

• Explores key ideologies such as socialism, communism, and anarchism

• Includes Capitalism, Postmodernity, and its crisis

• Key element is Constitutionalism and democratic processes

  Constitutional Structure

  • The Nivel Fundamental includes the Constitución Nacional y tratados de derechos humanos
  • The Nivel Legal includes Leyes nacionales, locales y tratados
  • The Nivel Base includes Sentencias, normas, contratos, testamentos, etc.

Colombia's Political Constitution of 1991

• Article 1 establishes Colombia as a social state of law, organized as a unitary, decentralized republic with autonomy in its territorial entities
• The state is democratic, pluralistic, and founded on respect for human dignity, work, and solidarity, and the prevalence of general interest
• Besides the organization among powers & the production and application of law, a commitment exists to defend material juridical contents
• These contents include principles of labor law

Preamble

• The sovereign people, represented by delegates to the National Constituent Assembly, invoking God's protection, aim to strengthen national unity
• Strengthened national unity ensures life, coexistence, work, justice, equality, knowledge, liberty, and peace for inhabitants
• All this is within a juridical, democratic, and participatory framework
• The goal is also to guarantee a fair political, economic, and social order committed to boosting Latin American community integration

State Structure

• Branches of Public Power
  • Legislative Branch
  • Executive Branch
  • Judicial Branch
• Autonomous and Independent Bodies
• Electoral Organization
• Control Bodies
• Comprehensive System of Truth, Justice, Reparation, and Non-Repetition

Branches of Public Power

• Legislative Power
• Executive Power
• Judicial Power

Legislative Power

• Responsible for creating and modifying laws
• Legislation is generally concentrated in one or several institutions that work in harmony
• The legislative institution regulates citizen rights and responsibilities according to a supreme law
• This supreme law tends to be a Constitution in current states

Characteristics of the Legislative Power

• Main role is to create, propose, debate, and modify dispositions, laws, or decrees that form a State's normative body.
• Actions regulate a country's economic and political relationships since law creation impacts these relationships
• Legislative power members need to be elected by the people through direct or indirect vote
• It's thought that legislative members are the direct representatives of the people, with a function to satisfy all citizens
• Legislative power tends to be divided into chambers

Senate Distribution

• 100 national constituencies
• 2 special constituencies
• 5 seats for FARC as part of peace agreements
• 1 seat for the second-highest presidential vote

Chamber of Representatives

• Members are politically responsible to society and their electors for fulfilling their duties
• Representatives are elected nationally through territorial, special, and international constituencies
• There are two representatives per territorial constituency
• One more representative for each 365,000 inhabitants or a majority fraction of 182,500 exceeding the first 365,000 is seated

Executive Power

• Responsible for executing all administrative activities in a coordinated manner

• Administrative activities are in the service of the general interests of the community to fulfill the State's essential purposes

• The President of the Republic represents the Executive Power and symbolizes national unity

• They act as the Head of State, Head of Government, and supreme administrative authority

  Integration of the National Government

  • The National Government includes the President of the Republic, ministers of the office, and administrative department directors, in each particular business
  • The Executive Branch has three orders: national, departmental, and municipal

Territorial Organization

• The territorial organization mirrors the concept of territorial ordering
• Territorial ordering relates to the set of norms that establish and regulate by Constitution disposition, how public power is spatially distributed among different authority levels,
  • These levels are established by the Carta Política: national, departmental, distrital, and municipal

Judicial Power

• Responsible for administering justice, solving conflicts and controversies between citizens and between them and the State
• The judiciary also decides controversial juridical questions through pronouncements that acquire the force of definitive truth
• these pronouncements mainly take the form of sentences, rulings, and orders
• Tasked with enforcing rights, obligations, guarantees, and freedoms consecrated in the Constitution and laws, to achieve and maintain social coexistence

Judicial Branch structure

• Corte Constitucional (Constitutional Court)
• Corte Suprema de Justicia (Supreme Court of Justice)
• Tribunales Superiores de Distrito Judicial (Superior Tribunals of Judicial District)
• Juzgados de Circuito (Circuit Courts, Civil, Labor, Penal and Mixed)
• Juzgados Municipales (Municipal Courts, Civil, Penal, Mixed, of small causes)
• Juzgados de Ejecución de Penas y de Medidas de Seguridad (Courts of Execution of Penalties and Security Measures)
• Juzgados (de familia, penales para adolescentes, promiscuos) (Courts (Family, Penal for Adolescents, Mixed))

More Judicials

• Consejo de Estado (State Council)
• Tribunales Administrativos + (Administrative Tribunals)
• Juzgados Administrativos + (Administrative Courts)
• Jurisdicciones Especiales + (Special Jurisdictions)
• Jueces de Paz + (Justice of the Peace)
• Jueces de Reconsideración + (Reconsideration Judges)
• Jurisdicción Comunidades Indígenas + (Jurisdiction Indigenous Communities)

Autonomous and Independent Bodies

• Banco de la República (Bank of the Republic)
• Comisión Nacional del Servicio Civil- CNSC (National Civil Service Commission)
• Corporaciones Autónomas Regionales + (Autonomous Regional Corporations)
• Entes Universitarios Autónomos + (Autonomous University Entities)
• Autoridad Nacional de Televisión - ANTV + (National Television Authority - ANTV)

Banco de la República (Bank of the Republic)

• Is a unique State entity with administrative, patrimonial, and technical autonomy
• It performs central banking functions
• The Constitution states that goal of monetary policy is to preserve the currency's purchasing power, in coordination with general economic policy
• General economic policy aims to stabilize production and employment at sustainable long-term levels
• In carrying out this function, it adopts necessary measures to regulate the economy's liquidity and facilitate the payment system's normal operation, ensuring currency value stability

Banco de la República characteristics

• It is a public-law juridical person that functions as a state body of constitutional rank
• It operates under its own legal regime, with a unique and special nature
• Is is run with administrative, patrimonial, and technical autonomy
• It executes central banking functions according to the provisions in the Political Constitution, the Law 31 of 1992, and its Statutes

Monetary Politics in Colombia

• Monetary policy comprises actions taken by Banco de la República to fulfill its primary objective: maintaining a low and stable inflation rate
• Goal is to preserve the purchasing power of Colombians' money in coordination with general economic policy
• Monetary strategy seeks to maintain low and stable inflation rates, as well as to reach product levels close to their potential value.
• Bank policy contributes to maintaining financial stability and the payment system

Flexibility in Exchange Rates (context of monetary politics)

• Exchange rate flexibility is considered fundamental for achieving objectives, while considering flexibility
• In a system with exchange rate flexibility: The exchange rate operates as an adjustment variable against economic shocks, reducing economic activity volatility
• Exchange rate flexibility enables independent use of the interest rate as an instrument to bring inflation and product closer to desired values
• Exchange rate flexibility reduces incentives for agents to take excessive exchange risk, which is vital for maintaining financial stability

Credit Policy

• According to the Political Constitution of Colombia, the Board of Directors of Banco de la República is the credit authority of the Colombian economy
• Law 31 of 1992 constitutes the general framework for the Board's exercise of functions as a credit authority
• The law stipulates that using policy instruments authorized to the Board as a credit authority must be purposed to regulate monetary circulation, financial system liquidity, and internal and external payment operations
• It also stipulates to work within the general objective of Banco de la República to ensure currency value stability

National Civil Service Commission

• The Comisión Nacional del Servicio Civil is established under Article 130 of the Political Constitution

• Responsible for administering and overseeing careers, excluding special ones

• It serves as a guarantee and protection body for merit in public employment as established in the current law.

• Operates permanently at a national level, independent of public power branches and entities, with juridical personality, administrative autonomy, and its own patrimony

• Aims to guarantee merit in public employment within administrative careers

• Adheres to objectivity, independence, and impartiality principles.

  Functions of the National Civil Service Commission

  • Establishing general guidelines, according to law and regulations, for selection processes to provide administrative career positions pursuant to Law 909 of 2004
  • Accredits entities to conduct selection processes, according to regulations, and sets rates for contracting competitions, in accordance with Article 30 of Law 909 of 2004
  • Develops contest announcements to perform public career positions, according to the terms and conditions under Law 909 of 2004 and regulations
  • Establishes necessary instruments to apply rules on career employee performance evaluation
  • Develops and disseminates studies on general or specific aspects of public employment management related to admission, career development, and performance assessment

• National Civil Service Commission organization

  • Three (3) members are elected from lists presented by the Supreme Court of Justice, the Ombudsman, and the Colombian Association of Universities (ASCUN).
  • To be a member of the National Civil Service Commission, one must:
    • Be a native Colombian over 35 years of age with a university degree
    • To have qualifications in Public Function, post-graduate studies, or acredited professional experience

Autonomous Regional Corporations

• Autonomous Regional Corporations and Sustainable Development entities are public corporate entities created by law
• Integrated by territorial entities that geographically constitute the same ecosystem or form a geopolitics, biogeographic or hydrogeographic unit
• Have administrative and financial autonomy, their own assets, and juridical personality.
• In charge through law of administering the environment and renewable natural resources while fostering sustainable development, based on MINISTERY OF THE ENVIRONMENT legal policies and provisions

List of Corporations

• Includes 13 different public entities called "Corporación Autónoma Regional de..." of different regions. Some regional examples are:
• Río Grande de la Magdalena
• Boyacá (CORPOBOYACÁ)
• Caldas, (CORPOCALDAS)
• Cauca, (CRC)
• Antioquia. (CORANTIOQUIA)
• Cesar, (CORPOCESAR)
• Chivor, (CORPOCHIVOR)

Autonomous University Entities (Entes Universitarios Autónomos)

• Article 28 recognizes the autonomy in the Political Constitution of Colombia
• Universities are granted the right to set their statutes, set their administrative structures, design different plans, award degrees etc

National Television Authority (ANTV)

• National Television Authority, or ANTV by its Spanish initials, was the Colombian governmental entity that aimed to give tools
• Gave tools out for the execution of plans and programs in public television service, to guarantee TV access, informative pluralism, competition, and efficiency
• Served as the main go-between regarding diffusion, protection, and defense of TV viewers' interests
• The ANTV was created through Law 1507 of 2012 replacing the National Television Commission

Media Regulation in Colombia

• The Ministry of Information Technologies and Communications directs communication sectors in Colombia
• It designs, formulates, adopts, and promotes policies, plans, programs, and projects for the Information Technology and Communications sector

Electoral Organization

• Registraduría Nacional del Estado Civil + (National Civil Registry)
• Consejo Nacional Electoral + (National Electoral Council)

National Civil Registry

• Article 4 of Decree 1010 of 2000 states that the Registry guarantees the development of electoral processes
• Strengthens democracy, and promotes citizen participation by exercising their right to vote in a legitimate and transparent manner
• The Registry not only has a role and responsibility in democracy-related issues
• It is tasked with keeping a record of the civil status of everyone living in the national territory

National Civil Registry characteristics

• It is an autonomous body, without juridical personality, of constitutional creation, and independent of the three branches of public power
• As an autonomous and independent body of Constitutional origin, it's not part of the executive branch of public power at the national level
• It's an integral part of the electoral organization

Civil Registration of Birth

• The civil registration of birth is an instrument that documents vital events throughout life, from birth, marriage, to death
• Of great importance for identifying people
• It proves a person's civil status
• Determines their capacity to exercise certain rights and contract certain obligations
• Importance lies in being the basis of a person's identity, recognizing their existence, and granting them their rights and duties as a society member

National Electoral Council

• The Consejo Nacional Electoral, is an autonomous body, without juridical personality, of constitutional creation, and independent of the three branches of public power
• It is an integral part of the Electoral Organization
• Being an autonomous and independent body of Constitutional origin, it's not part of the Executive Branch of Public Power at the national level

Goals of the National Electoral Council

• To improve the process and electoral organizations to ensure that votes express citizens' free, spontaneous, and authentic will
• To guarantee that scrutinies reflect the results of the voter's will in the polls.
• This Council is charged with supreme inspection and surveillance of electoral organizations
• The Council fulfills duties assigned to it by laws and issues necessary measures for due compliance as well for decrees that regulate them

Funtions of the National Electoral Council

• Install the National Registrar
• Oversee and control the electoral orginazation
• Declare, expedite elections and credentials
• Revise scrutinis and electoral documents
• Present legislative act projects
• Distribute campaign grants
• Evaluate general elections
• Recognize legal entities
• Regulate participation
• Collaborate within the parties
• Pass its aproval

Can the National Electoral Council sanction the president?

• The National Electoral Council (CNE) lacks direct competence over a sitting president but can investigate any irregularities in the electoral campagins

Control Organizations

• Contraloría General de la República + (Comptroller General of the Republic)
• Auditoría General de la República + (Auditor General of the Republic)
• Ministerio Público + (Public Ministry)
• Procuraduría General de la Nación + (Attorney General's Office)
• Instituto de Estudios del Ministerio Público + (Institute of Studies of the Public Ministry)
• Defensoría del Pueblo + (People's Office)

Comptroller General of the Republic

• It's a technical agency with administrative and budgetary autonomy
• Does not have administrative functions different from those inherent to its organization
• Is not part of any of the branches of public power

Objetives of the Comptroller General of the Republic

• Is to work for the community to ensure fiscal management of the administration as well as the parties that manage funds or assets of the nation
• Assesses the results obtained by state entities.
• Advocates a culture of control over public property and efficient public administration
• Establishes responsibilities by applying sanctions that stem from fiscal revision to reimburse the State

Functions of the Comptroller General of the Republic

• Oversee the fiscal management of the State through the financial control, management control, and results control, based on efficiency, economics, equity, and environmental cost assessment
• Oversee the fiscal management, according to the control systems, procedures, and principles established by Law and the Comptroller General of the Republic resolution
• Exercise the retrospective control over the accounts of any territorial entity, the Law will be followed accordingly

Public Ministry

• Public Ministry is an autonomous control body integrated by the Procuraduría General de la República & the Defensoría del Pueblo.
• Defensoría del Pueblo, "People's Defender", was created in 1991

Legal Standing of the Public Ministry

• Article 119: The Public Ministry is exercised by the Attorney General, the Ombudsman, delegated prosecutors, Public Ministry agents and local agents
• Corresponds to the Public Ministry to look after and promote human rights, protect public interests, conduct official surveillance of all that operate in public office Article
• 275 decrees that Public Ministry is under direction of the Attorney General in the Senate

The Attorney General

• Is the Public Ministry's highest authority with administrative, financial and budget autonomy, existing apart from the three branches of government
• Represents Colombians before State with financial and administration autonomy being the most important part of the Public Ministry

Objetives of The Attorney General

• Is to ensure that Constitution, laws, judicial decisions and administrative acts are fulfilled
• Is to oversee the protection of human rights and defender's interests with the aid of the Ombudsman

Funtions of the Attorney General

• Defend common interests such as environmental concerns by watching over officials that hold offices in general
• Has the power to conduct elections and apply penalties following existing laws as well as take part in judicial processes related to the defense of the public order

People's Defender

• The People's Defender (Defensoría del Pueblo) is an organization with administrative and budgetary autonomy, forming part of the Public Ministry and exercising functions under the direction of the Attorney General
• Its objectives revolve around guarding the promotion, exercises, and publicity of human rights

Defensoría del Pueblo Role as institution

• This institution bears responsibility for endorsing the fulfillment of human rights on the national domain for the inhabitants of Colombia as well as citizens abroad
• Under the framework of social law is to achieve participatory and democratic participation

Functions of the Defensoría del Pueblo

• Create and adopt with the Public Attorny general promotion policies for human rights
• Conduct and coordinate all dependency labors as part of town
• Advise on the state of human rights upon receiving received results following investigation

Comprehensive System of Truth, Justice, Reparation and Non-Repetition

• Comisión para el Esclarecimiento de la Verdad, la Convivencia y la No Repetición Civil + (Commission for the Clarification of Truth, Coexistence, and Non-Repetition Civil)
• Unidad de Búsqueda de Personas Dadas por Desaparecidas en el Contexto y en Razón del Conflicto Armado + (Search Unit for Persons Given as Disappeared in the Context and by Reason of Armed Conflict)
• Jurisdicción Especial para la Paz + (Special Jurisdiction for Peace)