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The Guarantees Law or Law 996 of 2005 establishes a series of restrictions among which is to provide balance and transparency of administrative action in the middle of an electoral process. This prevents the state payroll or direct hiring are used as a means in the electoral campaign to favor a candidate.
This law prohibits state entities enter into direct contracting contracts during the four months prior to the presidential election and until the date on which the President of the Republic is elected.
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A rule in the electoral game that for many politicians is essential to avoid irregularities in the money that enters the campaigns of different candidates. However, with the new reform of the Electoral Code that is being processed in the Senate, apparently, it is intended to repeal the Law of Guarantees.
“Alert !! At the last moment, in the last article of the Electoral Code it is intended to REPEAL THE LAW OF GUARANTEES by facilitating a contract fair in the 4 months prior to elections and the use of public goods for campaigns in the hands of a government concentrating power “wrote Senator Roy Barreras.
Likewise, in the midst of the debate that took place in the first joint committees of the Senate and House of Representatives, Senator Angélica Lozano assured: “It is a monumental and historical error to eliminate the Guarantees Law. It is a hoax to say that it is good to eliminate it to reactivate the economy. The Green Party agrees not to approve the repeal of Law 996 of 2005 ”.
In the vote to repeal the Guarantees Law, 11 senators voted in favor of maintaining it and 11 against. According to Senator Barreras there would be 14 votes so that this rule is not repealed. While in the Chamber, approved to eliminate the law of guarantees 25 votes in favor and 9 against.
This Thursday’s session would resume tomorrow at 9 am and will be defined once and for all whether or not Congress approves the elimination of the Guarantees Law with the reform of the Electoral Code.
Reform to the Electoral Code passes in first debate
Among what was approved on the reform of the Electoral Code include the articles that open the door to the implementation of the mixed vote and the extension of the electoral day until 5 in the afternoon.
As approved by Congress, the implementation of mixed electronic voting cannot be applied before the 2023 elections and it will begin to be implemented in pilot plans in up to 5% of the voting tables.
In reform he sank an article that sought to modify the voting modality and establish remote or non-face-to-face suffrage in the country. Given this, the National Registrar, Alexander Vega, warned that this reform was intended to modernize the electoral system in the long term.
“Colombia should leave a model that allows having the possibility of having a remote vote, because if the pandemic or any adverse situation prevents us from going to vote, we must give citizens the possibility of having an alternative model not in person, not everything can be a face-to-face vote “, Held.
“It is important to uphold the Law of Guarantees”: MOE
In the discussion on eliminating the Guarantees Law from electoral processes, the Electoral Observation Mission (MOE) warned that the elimination of the Guarantees Law, within the discussion of the Electoral Code, which is carried out in Congress, it would put the transparency of future elections in the country at risk.
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“It is important to uphold the Law of Guarantees, since it prevents public resources and the power of municipal, departmental and national administrations from being made available to electoral campaigns”the organization warned.
The EOM also recalled that within this law it is stipulated that, four months before the presidential election and until the second round, direct hiring is prohibited, in the same way that in this same period no inter-administrative agreements can be made, nor works inauguration with candidates, so it would be a risk if this regulation is eliminated.
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