What the Government can do when declaring shock and economic emergency

This Monday, the President Gustavo Petro declared a state of internal commotion and economic emergency as a result of the critical situation of public order in the Catatumbo. This region of the department of Norte de Santander has been, since last Thursday, the site of a violent escalation undertaken by the National Liberation Army (ELN) in the midst of its conflict with FARC dissidents, for control of the second largest coca growing enclave in the country.

“He talks about others but refers to himself. They have lost their intelligence. The revolution can only be done with the people and without violence. Peace is the revolutionary flag because it is the flag of life. The state of internal commotion and the state of economic emergency are declared. I expect your support from the judiciary.“said the head of state in X, although the decrees with which he will declare those two states are not yet known.

(You can read: ‘There is a risk that patients will continue to deteriorate due to lack of treatments’: ENHU).

What is the state of inner commotion?

The state of internal commotion can be declared for a period of no more than 90 days, extendable for up to two equal periods (if Senate approval is required). “Military takeover will always develop with the economic transformation of regions under violence“Petro added this Monday.

It is worth remembering that the last precedent of a declaration of internal commotion occurred in the second government of Alvaro Uribe Velezin 2008, due to a prolonged judicial strike that threatened mass release. Uribe himself had decreed the commotion when he came to power in 2002, in the most violent period of the Colombian internal armed conflict.

(Read also: There could be a gas shortage in the Catatumbo area).

The figure of inner commotion, that replaced the state of siege of the Constitution of 1886is regulated by the Article 213 of the current Magna Cartaand stable that “In the event of a serious disturbance of public order that imminently threatens institutional stability, State security, or citizen coexistence, and that cannot be averted through the use of the ordinary powers of the police authorities, the President of The Republic, with the signature of all the ministers, may declare a state of internal commotion, throughout the Republic or part of it.“.

Thus, the National Government will have the “powers strictly necessary to conjure the causes of the disturbance“and prevent this wave of violence from spreading in northeastern Colombia, which already leaves, at least, 80 dead and thousands displacedaccording to reports from the Ombudsman’s Office.

(Further: Escalation of the conflict in Catatumbo leaves at least 11,000 displaced).

Now, the decree must pass the examination of the Constitutional Courtwhich was already knocked down by the declaration of ecological, economic and social emergency in La Guajira, by finding that the crisis in that department corresponded to a structural situation repeatedly neglected by the different authorities, contrary to what Petro argued.

And the economic emergency?

In the case of this regulation, the 1991 Constitution establishes that the state of economic emergency occurs when events occur that seriously and imminently disturb or threaten the economic and social order or if they constitute a serious public calamity.

The decree with which it is established must refer to matters that have a direct and specific relationship with the state of emergency.

With this regulation, new taxes may also be temporarily established or existing ones modified.. If this becomes the case, these measures will cease to apply at the end of the next fiscal period, unless Congress, during the following year, grants them permanent status.

Displaced by violence they go to request help at the Cúcuta mayor’s office.

Andrés Carvajal / Portfolio

Regarding its duration, the President of the Republic may make the declaration for periods of up to 30 days, which added together may not exceed 90 days in the calendar year.

(We recommend: Petro declares internal commotion and economic emergency due to crisis in Catatumbo).

Furthermore, this declaration authorizes the head of state, with the signature of all ministers, to issue decrees with the force of law intended exclusively to avert the crisis and prevent the spread of its effects.

This figure was, in fact, the one he resorted to Ivan Duque to face the economic crisis during the covid-19 pandemic and its use, compared to the state of internal commotion, has been relatively frequent in the last 30 years.

PORTFOLIO