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In a 66-page document, the court resolved the lawsuit filed by Juan Manuel López Molina, Joan Sebastián Moreno Hernández and Douglas Lorduy Montañez against the act of appointment of Carrasquilla that became effective on September 1 of last year during the government of then-President Iván Duque
In a statement the high court indicated that “the Chamber found it accredited 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 percent (gender quota), in addition, of other postulates of conventional and constitutional rank that protect the right to equality”.
The Electoral Chamber, consequently considered that since there are five members of exclusive dedication, the 30% gender quota was met by two womenTherefore, to cover the absolute lack caused by the resignation of co-director Carolina Soto, a woman should have been appointed, which did not happen, on the contrary, these members were made up of four men and only one female representative.
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During the process the government of the president Gustavo Petro defended the appointment considering that by Constitution only the Head of State on duty is allowed to appoint two members of the Board of Directors, pTherefore, the Quota Law does not apply to this body given its diverse composition.
“The appointment of the seven members of the Board of Directors of the Banco de la República depends not on a single person or entity, but rather obeys the will of the President of the Republic, and the Board of Directors of the Banco de la República that elects the general manager as a member of the Board of Directors. The provisions of the Court are fulfilled in the sense that it is not possible to know which is the authority that must comply with the quota. Law 581 of 2000 (Quota Law) is inapplicable”, indicated the Presidency of the Republic in a document to the Council of State.
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Likewise, former Minister Carrasquilla himself spoke, arguing that the autonomy and independence of the Bank “has been recognized by the Constitutional Court in ruling C-529 of 1993, which indicates that this body is not part of the Legislative, Executive , Jurisdictional, Supervisory or Electoral of the Public Power, but it is an organ of a unique nature. Therefore, to attend to its functions, it is subject to its own and special regulations, different from the common public or private entities”:
Contrary to these concepts, the Court, with a presentation by magistrate Luis Alberto Álvarez Parra, pointed out that the “postulates and values such as avoiding discrimination against women and guaranteeing equal rights and opportunities between men and women, are axioms that come from the Constitution , permeated by conventional law and that are consistent with Law 581 of 2000, which must
be observed in the different state spheres, among them, the Bank of the
Republic, since its special regime does not conflict with those rights and guarantees“.
Council of State annuls the appointment of Alberto Carrasquilla Barrera as a full-time member of the Board of Directors of Banco de la República
See the statement here ↙️ pic.twitter.com/jrELfEWZoF
– Council of State (@consejodeestado) November 25, 2022
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And he added that the president of the republic can comply with the gender quota by knowing the composition of the board at the time of exercising his power to appoint the members of the bank.