Political Constitution of Colombia (1991)

The President of the Republic, with the signature of all the ministers, may declare a state of foreign war. On the basis of such a declaration, the government shall have the strictly essential options to repel the aggression, defend the country’s sovereignty, meet the requirements of the war, and bring about the restoration to normal conditions.

The declaration of a state of foreign war may be made only when the Senate shall have approved the declaration of war, except when in the judgment of the President, it was necessary to repel the aggression [forthwith].

While the state of war continues, Congress shall use all its constitutional and legal powers and the government shall report to it, giving reasons periodically for the decrees that it has issued and the evolution of events.

The legislative decrees issued by the Government that suspend laws incompatible with the state of war are in force during the time as stipulated by the decrees, and shall no longer be in effect as soon as normal conditions are declared to have been restored. At any time, Congress may amend or repeal the decrees through a favorable vote of two-thirds of the members of each House.

In the case of a serious disruption of the public order imminently threatening the institutional stability, the security of the state, or the peaceful coexistence of the citizenry, and which cannot be met by the use of ordinary powers of the police authorities, the President of the Republic, with the approval of all the ministers, may declare a state of internal disturbance throughout the Republic or part of it for a period no longer than 90 days, extendable for two similar periods, the second of which requires the prior and favorable vote of the Senate of the Republic.

By means of such a declaration, the government shall have the strictly essential options to deal with the causes of the disruption and prevent the spread of its effects.

The legislative decrees that the government may issue can suspend the laws incompatible with the state of disturbance and shall no longer be in effect as soon as public order is declared to have been restored. The government may extend it application up to 90 more days.

Within the three days following the declaration or extension of the state of disturbance, Congress shall meet in its own right, with all its constitutional and legal powers. The President shall transmit to it an immediate report concerning the reasons motivating the said declaration.

In no case may civilians be questioned or tried by the penal military system.

The states of exception referred to in the previous articles shall be subject to the following provisions:

The legislative decrees shall have the signature of the President of the Republic and all his/her ministers and may refer only to matters that have direct and specific connection with the situation which the declaration of the state of exception may have determined.

Neither human rights nor fundamental freedoms may be suspended. In all cases, the rules of international humanitarian law shall be observed. A statutory law shall regulate the powers of the Government during the states of exception and shall establish the legal controls and guaranties to protect rights, in accordance with international treaties. The measures that are adopted must be proportionate to the gravity of the events.

The normal functioning of the branches of government or state organs shall not be interrupted.

As soon as the foreign war or the causes that gave rise to the state of internal disturbance shall have come to an end, the government shall declare the public order to have been restored and shall lift the state of exception.

The President and the ministers shall be responsible when they declare states of exception without the occurrence of a foreign war or internal disturbance, and they shall also be responsible, as shall other officials, for any abuse that they commit in the exercise of the powers referred to in the earlier articles.

The government shall send to the Constitutional Court on the day following their promulgation the legislative decrees issued under the powers mentioned in the above articles so that the Court may decide definitively on their constitutionality. Should the government not comply with the duty of transmitting the decrees, the Constitutional Court shall automatically and immediately take cognizance of the same.

When events different from those provided for in Articles 212 and 213 occur that disrupt or threaten to disrupt in serious or imminent manner the economic, social, or ecological order of the country or which constitute a grave public calamity, the President, with the signature of all the ministers, may declare a state of emergency for periods up to 30 days in each case which, in all, may not exceed 90 days in a calendar year.

By means of such a declaration which shall be justified, the President may, with the signature of all the ministers, issue decrees with the force of law, slated exclusively to check the crisis and halt the extension of its effects.

These decrees may refer to matters that have direct and specific connection with the state of emergency and may, in a provisional manner, establish new taxes or amend existing ones. In these latter cases, the measures shall stop being in effect at the end of the subsequent fiscal year, except when Congress, during the subsequent year, should grant them permanent character.

In the decree declaring the state of emergency, the government shall stipulate the deadline within which it would use its extraordinary powers in situations referred to in this Article and shall convene Congress if the latter should not be met within the 10 days following the expiration of the said deadline.

The Congress shall examine for a period of up to 30 days, extendable by agreement of the two Houses, the report with explanations presented to it by the government on the causes justifying the state of emergency and the measures adopted and shall make an express pronouncement on the convenience and appropriateness of same.

During the year subsequent to the declaration of emergency, Congress may repeal, amend, or add to the decrees to which this article refers in areas that ordinarily fall under the Government’s jurisdiction. In connection with those that fall under the jurisdiction of its members, Congress may exercise said powers at all times.

If it is not convened, Congress shall meet in its own right under the conditions and for the purposes provided for in this article.

The President of the Republic and the ministers shall be responsible when they declare a state of emergency without there being present any of the circumstances provided for in the first clause and shall also be responsible for any abuse committed in the exercise of the powers which the Constitution assigns to the Government during an emergency.

The government may not infringe on the social rights of workers through the decrees mentioned in this article.

The government shall send to the Constitutional Court on the day following their promulgation the legislative decrees issued under the powers mentioned in this article so that the Court may determine their constitutionality. Should the Government fail to fulfill its obligation to transmit them, the Constitutional Court shall automatically and immediately take cognizance of the same.

The public force shall consist of the Armed Forces and the National Police, exclusively.

All Colombian citizens are obliged to take up arms when the public need mandates it in order to defend national independence and the public institutions.

An Act shall determine the conditions which at all times qualify an individual for exemption from military service and the benefits for service in them.

The nation shall maintain for its defense the permanent Armed Forces made up of the army, navy, and air force.

The armed forces shall have as their primary purpose the defense of the sovereignty, independence, and integrity of the national territory and of the constitutional order.

An Act shall determine the system of replacements in the Armed Forces as well as the promotions, rights, and obligations of its members and the special career, benefits, and disciplinary regime that pertain to them.

An Act shall determine the organization of the Police corps.

The National Police is a permanent armed body of a civilian nature responsible to the national community and whose primary purpose is the maintenance of the conditions necessary for the exercise of public rights and freedoms and to insure that the inhabitants of Colombia may live together in peace.

An Act shall determine the career, benefits, and disciplinary regime that pertain to it.

The public force is not deliberative: it shall not be able to assemble except by order of the legitimate authority nor direct petitions except on matters connected with the service and morale of the respective corps and in accordance with an Act.

The members of the public force may not exercise their right to vote while they are on active service nor take part in activities or debates of parties or political movements.

The members of the public force may not be deprived of their ranks, awards, or pensions except in the cases and in the manner determined by an Act.

The punishable conduct committed by the members of the public force in active service, and in relation to the same service, will confront the martial courts and the military courts, according to the provisions of the Military Penal Code. Such courts or tribunals will be composed of members of the public force in active or retired service.

For the investigation and judgment of punishable conducts committed by members of the public force, when related to an armed conflict or a confrontation that meets the objective conditions of international humanitarian law, the norms and principles of international humanitarian law will be applied. Judges and prosecutors of ordinary justice and of the military or police justice system that know about the misconducts of the members of the public force must have appropriate training and knowledge about the international humanitarian law.

The military penal or police justice will be independent of the public force.

An Act shall determine the system of professional, cultural, and social development of the members of the public force. During their training, the members shall be taught the fundamentals of democracy and human rights.

The government alone may make available and manufacture weapons, ammunitions, and explosives. No one may possess them or carry them without permission from the competent authority. This permit may not apply to cases of contests at political rallies, elections, or sessions of public groups or assemblies, whether individuals are active there or attend them.

The members of the national security organs and other official armed bodies of a permanent character created or authorized by an Act, may carry arms under the control of the Government, in accordance with the principles and procedures that the former stipulates.

In order to be valid, treaties shall be approved by Congress. However, the President of the Republic may give temporary effect to treaties of an economic or commercial nature agreed upon in the context of international organizations which so provide. In such a case, as soon as a treaty enters into force provisionally, it shall be sent to Congress for its approval. If Congress does not approve the treaty, its application shall be suspended.

The Advisory Committee on Foreign Relations, whose makeup shall be determined by statute, is a consultative body of the President of the Republic.

The state shall promote the internationalization of political, economic, social, and ecological relations on the basis of fairness, reciprocity, and the national interest.

The state shall promote economic, social, and political integration with other nations and especially with the countries of Latin America and the Caribbean by means of treaties which, on the basis of fairness, equality, and reciprocity, create supranational organizations even to the point of constituting a Latin American community of nations. An Act may call for direct elections for the formation of the Andean Parliament and the Latin American Parliament.