The Administrative Court of Cundinamarca annulled the election of Daniel Palacios as Minister of the Interiorconsidering that with his appointment he violated the gender quota law.
For the Court, President Iván Duque had to appoint a woman in that position after the departure of Alicia Arango, in September 2020.
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“Declared unproven the exception of “res judicata” alleged by the defendant and decreed the nullity of the appointment of the Minister of the Interior, finding it proven that the legal system had been violated, given the disregard of the provisions of articles 1, 2 and 4 of Law 581 of 2000, as the participation of women in ministries has been reduced to less than 30% established in the Law”, indicates one of the sections of the decision.
The lawsuit indicated that before January 12, the date of the appointment of Minister Palacios“six of the 18 ministries of the presidential cabinet were headed by women, equivalent to 33.3% of the composition of the cabinet”, but with the departure of Arango that percentage was deducted.
“The appointment of Mr. Daniel Andrés Palacios Martínez, as Minister of the Interior, generated a gap in the composition by sex of the cabinet and a breach of the minimum of 30% required,” the lawsuit stated.
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The Court’s decision, in its first section, concluded that it was proven that the President of the Republic, when issuing the decree by which he appointed Palacios to the post, “It violated the legal system. It disregarded the provisions of articles 1, 2 and 4 of Law 581 of 2000, as it did not have the minimum participation of 30% of women in the ministerial composition, which was achieved with a minimum of six women ministers ” .
Later, the Court also noted that “with Decree 033 of January 12, 2021, by which the President of the Republic appointed Mr. Daniel Andrés Palacios Martínez, as Minister of the Interior, the participation of women in ministries was reduced, since with the five positions occupied by women, at the date of their issuance, they represent less than 30%, failing to comply with the minimum requirements”.
