Colombia’s Constitutional Court overturns law creating ‘pure bureaucracy’ ministry, delays decision for two terms

In a shocking decision, the Constitutional Court of Colombia overturned the law creating the Ministry of Equality, led by Vice President France Marquez. The high court found procedural defects in Congress and criticized the government for failing to conduct a fiscal impact analysis during the creation process. Despite this ruling, the Ministry will continue to exist until 2026 as the Court deferred its decision for two legislative terms.

Senator Paloma Valencia of the Uribista party filed a lawsuit challenging the Ministry, arguing that it was “pure bureaucracy.” Valencia pointed out that despite having a budget of 1.3 trillion pesos, only a small fraction was allocated for investments benefiting Colombians. She emphasized that the government had failed to present a fiscal impact study for the project.

The Ministry of Equality was officially approved by Congress in December 2022 and aimed to address the needs of marginalized populations in Colombia, including 14 towns and various excluded groups. However, despite its good intentions, the ministry has faced criticism for executing less than 1% of its budget this year.

The ministry is divided into five vice-ministries, each focusing on different segments of society, including women, youth, territories, excluded populations, diversities, people with disabilities, and ethnic peoples. France Marquez served as head of the ministry after being appointed by President Gustavo Petro as part of his campaign promise to improve equality in Colombia.