Popular sovereignty undermined and democracy distorted in Colombia

In a recent opinion piece, Alberto Ramos Garbiras argues that popular sovereignty, a cornerstone of modern democracy, has been undermined in Colombia through ineffective institutions and electoral fraud. He calls for reforms via a new Constituent Assembly to restore democratic integrity.

Alberto Ramos Garbiras, in his column published on December 10, 2025, examines how popular sovereignty, conceived to overcome feudalism and absolute monarchies, has become distorted in the Colombian context. According to the author, this sovereignty materializes in the general will and constituent power, allowing the people to suspend law and reform the state, as noted by researcher Marshall Barberán.

Garbiras points out that the constitutional state operates through constituted powers derived from a Constituent Assembly. However, in Colombia, key institutions like the electoral system of the National Civil Registry Office and the Constitutional Court have failed. The country's history is marked by electoral frauds that have generated violence and perpetuated oligarchic elites. The Court, effective from 1992 to around 2010 with integrity-focused magistrates, has weakened over the last 16 years due to politicization, corruption, and lack of conceptual depth in some members.

The columnist emphasizes that control mechanisms such as oversight bodies, public ministries, and comptrollerships prove useless, while laws and Congress hinder citizen participation. Drawing from Emmanuel Sieyés, Garbiras advocates limiting sovereign excesses through human rights, from the French Revolution to the 1948 Universal Declaration. He proposes reforming these constituted powers in a new Constituent Assembly to straighten democracy, preventing oligarchic appropriation of the state.

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Dramatic illustration depicting political tensions within Morena over President Sheinbaum's electoral reform, showing heated debate among party leaders.
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President Claudia Sheinbaum's electoral reform advances without a public text, causing disagreements among allies like PVEM and PT, who resist budget cuts and changes to plurinominal seats. Critics like José Woldenberg warn it could erode political plurality, while the government aims to reduce costs and deepen democracy. The initiative will be presented to Congress in February for approval in March.

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Following the December 27 registration of a promoter committee, President Gustavo Petro's government has presented a bill for a National Constituent Assembly. It proposes reviewing Colombia's economic model, boosting state roles in key sectors, and adjusting the Banco de la República's mandate to support growth and jobs while preserving autonomy.

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Following the December 19 announcement of an economic emergency and business groups' petitions for suspension, President Gustavo Petro issued the decree on December 25. Álvaro Uribe's Centro Democrático filed a tutela claiming it unconstitutional, but the Constitutional Court delayed review until January 13 amid judicial vacancy, sparking a public feud.

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Legislators from PAN and PRI labeled the electoral reform proposed by President Claudia Sheinbaum as a 'Maduro Law', akin to Venezuela's, aimed at perpetuating power. They accuse Morena of seeking to control the INE and eliminate opponents. Senate President Laura Itzel Castillo defended the electoral body's autonomy.

 

 

 

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