After the annulment of the election of Alberto Carrasquilla as a member of the board of directors of Banco de la República, since the gender quota law was not taken into account in his appointment, President Gustavo is the one who should name the new member of the issuer’s highest body.
(For banks, trust is the axis that guarantees financing).
And in that case, a woman must be appointed, which would restore the balance of at least 30% female participation in the decision-making body at the Colombian central bank, where only Bibiana Taboada is present.
The former finance minister was appointed last year, months after resigning from the portfolio and replaced Carolina Sotowho resigned her position after her husband, Alejandro Gaviria, launched himself into the presidential candidacy.
A lawsuit filed before the Fifth Section of the Council of State was ruled on Thursday and although the statement was made known, until yesterday the Issuer or Carrasquilla had not been notified, so the co-director participated in the board of directors that was held and in the that no monetary policy decision was scheduled to be made, although the 3% inflation target was reaffirmed (Alternate Note).
The Council of State said that the co-directors of the Banco de la República were made up of four men and a single female representative (Bibiana Taboada).
(Colombia, the second country with the most young people who neither work nor study).
for now, The Bank of the Republic is reviewing the legal scenario to define what Carrasquilla’s departure would be like and the process to choose his replacement.
According to the lawyer specialized in law, María Andrea Calero, the new member “should be appointed by the current President. Because in accordance with article 28, literal c, of Law 31 of 1992, the 5 full-time members of the Board of Directors of Banco de la República will be appointed by the President of the Republic”.
The lawyer added that the bank lacks competence to make the appointment.
For his part, César Camilo Cermeño, partner at DLA Piper and professor of gender issues, says that although not all the arguments of the ruling are known, there are several concerns that arise from the issue.
He recalled that the basis of the decision is Law 581 of 2000 and there are four key articles and the most important is the one that refers to the minimum percentage of 30% female participation in decision-making instances.
She recalled that the Section’s ruling recalls a ruling from the year 2000 of the Constitutional Court whose rapporteur was Judge Carlos Gaviria, in which the State was reminded of the way in which inequalities against women are configured.
For this reason, according to the jurist César Cermeño, Law 581 of 2000 seeks to make an affirmative action on gender matters.
He assured that filing appeals is a right and a guarantee and should not be demonized, but the decision of the Council of States is of a single instance.
What would proceed is an extraordinary appeal for review but the sentence remains “enforceable,” said the lawyer.
For his part, Leonardo Villar, manager of the Banco de la República warned that within the framework of constitutionality, all decisions of the Justice must be complied with.
In any case, he said that “without prejudice to the foregoing, I want to express that I regret this decision as it affects the appointment of a person whose training, experience and suitability for the position are widely recognized inside and outside the Bank”.
He thanked the former Minister of Finance for the contributions to the Issuer’s meeting and valued its constructive nature and the depth of his analysis.
Lawyer María Andrea Calero valued the words of the manager of the Colombian issuer and said that “this is how it should be with judicial decisions.”
BRIEFCASE
