Constitutional History of Colombia - The Constitution of 1991

The Constitution of 1991

During peace negotiations with various rebel groups during the mandate of president Virgilio Barco Vargas, the guerrilla detachment M-19 insisted that one of the main requirements for them to lay down arms was the creation of a Constituent Assembly of Colombia in order to modify the constitution which until then did not guarantee the creation and development of political parties other than the two traditional ones, nor gave representation to minorities.

The government initially refused to put in motion the process for constitutional change. Students, in particular those at the universities, decided to begin a national popular movement proposing the formation of a Constituent National Assembly to resolve the constitutional issue. More than 50% of the voters approved the "Seventh Paper Ballot" and president Cesar Gaviria Trujillo was forced by the Supreme Court to fulfill the popular mandate. Thus it was possible not only to obtain constitutional change, but also the guerrilla detachment M-19 laid down their arms and were integrated into the national political life, and the indigenous communities were henceforth guaranteed representation in Congress.

The Constitution of 1991 is called the Constitution of the Rights, as it recognizes and consecrates fundamental rights such as freedom of religion and freedom of expression. It also details economic and social rights specific to the social rule of law enshrined in Article 1 of the Constitution, and collective rights, some of which include public morality, free economic competition and the right to a healthy environment. In addition it creates the necessary mechanisms to ensure and protect those rights.

The student and political movement begun in 1989 resulted in 1990 in a Constituent Assembly of Colombia elected by direct popular vote, which one year later promulgated the Colombian Constitution of 1991 in Bogotá. The country kept the name "Republic of Colombia".