The Electoral Chamber found it accredited that “such appointment ignored article 4 of Law 581 of 2000, which establishes the adequate participation of women in the maximum decision-making levels in a minimum of 30% (gender quota), in addition to other postulates
Alberto Carrasquilla , former Minister of Finance in the Government of Iván Duque. Photo: Colprensa
The Fifth Section of the Council of State annulled the appointment of Alberto Carrasquilla Barrera as a full-time member of the Board of Directors of Banco de la República. This, After considering that the Quota Law was not complied with.
Thus, the lawsuit filed by was resolvedJuan Manuel López Molina, Joan Sebastián Moreno Hernández and Douglas Lorduy Montañez against the appointment of Carrasquilla, replacing Carolina Soto, carried out on September 1, 2023 by President Iván Duque.
In a statement, it specified that it found it proven that such appointment ignored article 4 of Law 581 of 2000, which establishes the adequate participation of women in the highest decision-making levels at a minimum of 30% (gender quota), in addition to other postulates of conventional and constitutional rank that protect the right to equality.
“The Electoral Chamber, consequently, considered that since there are five members exclusively dedicated, the gender quota of 30% was met with two women, therefore, to provide for the absolute absence caused by the resignation of Carolina Soto, a woman should have been appointed, which did not happen, on the contrary, those members were made up of four men and a single female representative,” he argued.
The defense of the Government
Through the legal secretary of the Presidency of the Republic, Andrés Tapias Torres, the Government of Gustavo Petro, on October 5 In the past, he asked the Fifth Section of the Council of State to dismiss the lawsuit against the appointment of Carrasquilla.
“Dr. Carrasquilla Barrera has the necessary training and experience to hold this position, complies with the formal requirements and demands, and is a suitable person to hold this position, in which he must defend the higher interests of the Nation,” says the 19-page document known by Semana.
The outlet detailed thatNo type of opposition can be enacted in the face of the appointment signed on August 28, 2021 by then-President Iván Duque Márquez through which the appointment of Carrasquilla as co-director of Banco de la República was made official, which became he gave a few days after his resignation as finance minister was accepted amid controversy over the tax reform bill presented at the time.
According to the document, the arguments presented are subjective and have no evidentiary basis, since the plaintiff insists on noting that Duque sought to affect the composition of the Bank of the Republic so that they would sponsor his claims.
“The President of the Republic has not violated the law in any way nor has it acted for purposes other than those required by the Constitution. Affirming the contrary must be accompanied by evidence, because it is approaching insult and slander”, reads the document, according to Semana.
It also says that the argument of the The actor focuses on the assumption that the purpose of the President of the Republic is to undo the autonomy of the Board of Directors of the Banco de la República and distance it from its mission as guarantor of the Nation's interests, to put it at the service of political and government interests.
Given the latter, the legal secretary of the Presidency considers that many of the assertions made in the lawsuit are not related to the truth.