The Administrative Court of Cundinamarca ordered the Congress redo list 10 candidates to be the next head of the Comptroller General of the Republic, finding that the current one does not comply with gender equity.
This is a precautionary measure, issued within the framework of a lawsuit filed by Dalal Karime Dager Nieto, against the Comptroller’s Office, which seeks to protect the principle of merit and fairness in the process of electing the new comptroller.
On the list of chosen there are eight men and two women, that is, 20%, when it should have at least three women, according to the Quota Law, which, the Court said, does apply to the election processes for decisive positions with merit contests.
“When analyzing the evidentiary material and the arguments presented by the applicant, it is noted that in effect the Accidental Commission of the Congress of the Republic did not take into account the criteria of merit or gender equitysays the decision.
This, he said, for several reasons. First, because as this selection is made through the list system, Parity between the selected men and women must then be guaranteed.
“However, this magistracy warns that the aforementioned Commission, without any justification, selected 10 participants from said citizens, without these being the ones that obtained the best results, since, for example, the one who obtained the second place and took into account only two women, when there was a third with a score equal to one of those includedsays the decision.
Likewise, it is mentioned that the institution of higher education designated for the previous process included a person who was born in June 1987, therefore, he did not meet the age requirement, 35 years old, and could not be in the pre-selection process.
Furthermore, the Court says, the people listed in the photo, they were elected, through a mere vote that was carried out within the Corporation, ignoring merit and equity, since the score was not even taken into account at the time of deliberation.
“The principle of gender equality was not taken into account, nor was the merit that the Congress advocates respecting the Congress, especially because there is no valid reason for (i) ignoring a participant with the second best score and (ii) not having included equally women with higher scores than other men who were included, (iii) even with the breach of formal requirements for the position“says the ruling.
According to the Court, Congress could not ignore these mandates in such an important process, taking into account that the election of the next person in charge of the Comptroller’s Office will direct “the custody and protection of the country’s public resources, for which, all the more reason, good administration implies the adequate preparation of the people who direct public entities and bodies, and that deviation from good administration, without a doubt, ignores the administrative morality, principle and collective law“.
That’s why, the Court agreed to the precautionary measure and ordered to remake the list of eligible considering not only the selection criteria set and compliance with the established requirements, but also the principle of merit, gender equality and
verification of requirements at the time of registration.
This shall be “be carried out as soon as possible, taking into account that the maximum term expires on August 20, 2022, by which time the next Comptroller General of the Republic must be elected“.