Political Constitution of Colombia (1991)

All citizens are guaranteed the right to establish, organize, and promote political parties and movements and the freedom to join them or to withdraw from them.

In no case shall citizens be allowed to belong simultaneously to more than one political party or movement with legal personality.

The political parties and movements shall organize themselves democratically and shall have as their guiding principles transparency, objectivity, morality, the equality of sexes, and the duty to present and disseminate their political programs.

In order to take decisions or to select their own candidates or coalition candidates they may hold popular, internal or inter-party ballots which may or may not coincide with elections to public bodies, in accordance with the provisions of their by-laws and the statute.

In the case of popular ballots the rules relating to campaign financing and advertising and access to the State media which govern the ordinary elections shall apply. Those who participate in the ballot of a party or political movement or in inter-party elections may not register for another one in the same electoral process. The result of the ballots shall be binding.

The leadership of political parties and movements must promote processes of internal democratization and the strengthening of the principle of formation of factions in public bodies (régimen de bancadas).

The political parties or movements must assume responsibility for any violation or contravention of the rules which govern their organization, functioning and funding and also for promoting candidates elected to posts or Public Bodies by popular election who have been or were sentenced during the exercise of the functions for which they have been promoted for crimes concerning links to illegal armed groups and drug trafficking activities, crimes against the system of democratic participation or crimes against humanity by a sentence which is enforceable in Colombia or abroad.

The political parties and movements must also assume responsibility for promoting candidates for non-elective offices or Public Bodies if they have been or were sentenced during the exercise of the functions for which they were a candidate for crimes concerning links to illegal armed groups and drug-trafficking activities committed prior to the backlog of the party or movement by a sentence which is enforceable in Colombia or abroad.

The sanctions may include fines, the repayment of the public funds obtained based on the share of the votes received and even the loss of legal personality. When the sentence concerns persons who have been elected to posts with a single office-holder (cargo uninominal) the party or movement which has promoted the sentenced person shall not present candidates for the subsequent elections in that constituency. If the elections are less than 18 months away, they may not present a list of (three) candidates, so that the nominating body is free to choose the replacement.

The party leadership which is shown to have acted without the necessary care and diligence in the exercise of the rights and duties which are conferred upon them by virtue of the legal personality of the party shall also be subject to sanctions determined by statute.

Social organizations are also guaranteed the right to demonstrate and to participate in political events.

A member of a Public Body who decides to stand for another party in the next election must renounce his/her seat at least twelve (12) months prior to the opening day of the registration period.

Without prejudice to the provisions of Article 34, the members of popularly elected Collegiate Bodies shall exceptionally be authorized to register with a party different from that which has promoted them within a period of two months following the entry into force of this Legislative Act, without having to renounce their seat or infringing the ban on double membership.

The National Government or the members of Congress shall present a draft status Act which implements this Article before August 10, 2009.

The bill shall be accompanied by a declaration of urgency and shall be discussed in a joint session of Congress, and may be the object of a declaration insisting on the urgency of its adoption if necessary. The delays for the prior review of enforceability of the draft status Act by the Constitutional Court shall be reduced by half.