Posted: February 15th, 2022

Legal Environment Of Colombia Politics Essay

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Historical past

Colombia is one among three international locations that emerged following the collapse of Gran Colombia in 1830. Francisco de Paula Santander grew to become the president of the brand new state. Colombia’s identify has modified many instances since its independence from Gran Colombia, beginning with the Republic of New Granada, then the Granadine Confederation, then the US of Colombia, and at last the present Republic of Colombia.

Colombia’s historical past is crammed with violent conflicts between the conservative and liberal political events. Essentially the most notable of those conflicts was a civil conflict occurring between 1899 and 1903, referred to as The Conflict of a Thousand Days. The conflict led to roughly 100,000 deaths. Colombia additionally misplaced a part of its northern territory within the battle, which in the end grew to become what’s presently Panama. Stress elevated and battle continued via 1958. From 1948 to 1957, Colombia skilled its worst political conflicts it what’s now coined la violencia. The violence started after the assassination of the liberal chief, Jorge Eliécer Gaitán. It’s estimated this turmoil resulted in not less than 200,000 deaths. Throughout this era, Colombia was dominated by two successive dictators, Laureano Gómez and Gustavo Rojas Pinalla.

The conflicts and violence lastly ended with an settlement between the conservatives and liberals in 1958. They fashioned a coalition authorities, referred to as the Nationwide Entrance authorities. The concept behind this kind of authorities was that every occasion would maintain the presidency and all different authorities and civil positions on an equal, rotating foundation. This lasted for sixteen years and let to higher financial situations. Starting in 1974, Colombia started to have official elections between the 2 political events. Whereas political violence declined because of these elections, Colombia has been plagued with different points.

In 1985 a dormant volcano erupted outdoors of Bogotá killing practically 20,000 individuals within the city of Armero. In 1999, one other volcano resulted in important lack of life within the city of Armenia. Along with these pure disasters, Colombia was stricken by elevated terrorist and drug exercise. The Minister of Justice was assassinated in 1984 by drug barons working to guard the extraordinarily worthwhile drug commerce.

Lower than a 12 months later, Guerrillas raided the Palace of Justice in Bogotá in 1985 taking a lot of hostages till the Colombian troops stormed in. The incident resulted in practically 100 deaths together with a number of Supreme Court docket judges.

The Marxist guerrillas terrorist actions nonetheless proceed and have gained in power since they partnered with the drug cartels for weapons. These guerrillas, referred to as the Revolutionary Armed Forces of Colombia (FARC), reside within the south a part of the nation and have roughly 20,000 members. From this distant area, the guerrillas plan assaults on the Colombian army and police and shield their cocaine plantations. The estimated variety of deaths within the 1990s from this battle is 35,000 and has resulted in a lot of army personnel being held hostage.

Andrés Pastrana grew to become President in 1998 and unveiled a plan to fight the violence and drug issues, referred to as Plan Colombia. The targets of the plan had been to extend peace all through the nation, fight the drug trade, revive the financial system, enhance safety of human rights, and scale back social inequalities. America supplied a $1.three billion help bundle largely to Help build-up the army and counternarcotics initiatives.

In 2002, Álvaro Uribe was elected President and launched the Democratic Safety and Protection Coverage. This plan targeted consideration on the safety and army parts of Colombia, but in addition labored to enhance the social and financial points. Uribe was reelected in 2006. (Gascoigne, 2001)

Most not too long ago, in June 2010 Juan Manuel Santos Calderón was elected President of Colombia. (President of Colombia, 2010) He’s believed to need to proceed Uribe’s market-based financial reforms. (The world in figures: Nations, 2010)

Background Info

All information and statistics beneath had been taken from the CIA World Factbook, except indicated in any other case. (The World Factbook, 2010)

Colombia is positioned in South America. It’s over 1 million sq. kilometers, which is barely lower than twice the scale of Texas, rating it 26th on the earth when it comes to dimension. The main pure sources of Colombia are petroleum, pure fuel, coal, and different minerals. Present points dealing with the Colombian atmosphere are deforestation, soil and water injury from the overuse of pesticides, and air air pollution.

The inhabitants of Colombia as of July 2010 was 44,205,293, with an annual progress price of roughly 1.184 %. A majority of this inhabitants is between 15 and 64 years previous (66 %), a comparatively smaller share is beneath 14 (28 %), and even smaller nonetheless is the proportion of the inhabitants over 65 years previous (6 %). Nearly two-thirds of the inhabitants lives in city areas.

An indicator of social and financial situations within the nation, the toddler mortality price is 16.97 deaths per 1,000 reside births and the life expectancy at delivery is 74. Solely about 170,000 individuals are dwelling with HIV/AIDS, constituting solely .6 % of the inhabitants.

The official language of Colombia is Spanish. The dominant faith is Roman Catholic at about 90 % of the inhabitants. The federal government spends roughly three.9 % of GDP on academic expenditures, rating 111 on the earth. Over 90 % of the inhabitants over the age of 15 is literate and college students are anticipated to stay in class on common for 13 years. These statistics point out a profitable academic system.

Army service is required of 18-24 12 months olds for 18 months. The army expenditures are three.four % of GDP, rating 35th on the earth.

Colombia ranks first in murders per capita on the earth. (Crime Statistics)

Predominant Financial Mannequin

The predominant financial mannequin in Colombia is a market-based combined financial system. (Monetary Requirements Basis, 2009) Each privately owned enterprises and the federal government play an essential position. The market-based side of their financial system focuses on non-public companies producing items and providers and people consuming these items and providers. Possession rights are essential in defending the non-public enterprises from governmental energy. The financial system is believed to be extra environment friendly in a market financial system as provide and demand are used to find out the manufacturing and pricing of products and providers. The combined financial system side means Colombia permits sure limitations to be positioned on free enterprise via authorities laws. Some providers are higher supplied by the federal government than via a free market system. (U.S. Division of State)

In 2005, over half of the whole funding in Colombia was from authorities enterprises and authorities investments. This leans Colombia to extra of a combined financial system. A means of financial liberalization was began in 1990 by eradicating restrictions on imports and international funding, privatizing extra providers, and easing authorities laws. Newer reviews present the liberalization is efficient. The 2008 index of Financial Freedom reported the Colombian authorities’s whole expenditures had been solely 31 % of gross home product. (Monetary Requirements Basis, 2009)

The Nationwide Administrative Division of Statistics states that the Colombian gross home product progress charges had been roughly 7 % in 2006 and eight % in 2007. The U.S. State Division reviews there are a number of components which are contributing to the secure progress in Colombia: a rise in home safety, financial coverage that maintains low inflation and a secure alternate price, an increase in petroleum costs and exports in response to their financial liberalization, and varied commerce agreements. In 2008, the expansion price fell largely attributable to a worldwide financial downturn, persevering with to say no to 2.four % in 2010. (Monetary Requirements Basis, 2009)

Of some concern to the Worldwide Financial Fund is the massive deficit Colombia faces. The deficit is generally financed by international funding, which may be dangerous attributable to an unsure worldwide financial atmosphere. (Monetary Requirements Basis, 2009)

In abstract, the Colombian financial system displays traits of each a market-based financial system and a combined financial system. The financial liberalization effort has already and can proceed to maneuver Colombia extra towards a market-based financial system that options much less authorities regulation and a better give attention to privatization and worldwide commerce and funding.

Legal Environment

The Colombian authorities is made up a 3 department system, much like that in the US. It consists of an government department, headed by the President, a judicial department, and a legislative department, consisting of a bicameral Congress. (The World Factbook, 2010)

A brand new structure was ratified in 1991 and led to main adjustments within the political establishments. The brand new structure maintained the three-branch system of presidency. It created new positions such because the Inspector Common, a Human Rights Ombudsman, a Constitutional Court docket, a Superior Judicial Council, and Vice President. Vital social adjustments had been applied similar to civil divorce, twin nationality and most significantly a authorized means to enchantment authorities choices affecting constitutional rights. The structure additionally applied an accusatory system of legal justice. Lastly, an modification in 2005 permits presidents to carry two consecutive 4 12 months phrases, versus only one. (Bureau of Western Hemisphere Affairs, 2010)

The Index of Financial Freedom measures the property rights index. The index measures the diploma to which non-public property rights are protected by a rustic’s legal guidelines. It additionally signifies the probability non-public property might be seized by the federal government, how unbiased the judiciary is, and the enforceability of contracts. Scores vary from zero to 100, the place larger scores point out a greater safety of property rights. Colombia scored a 50. (Property Rights Index, 2010) The structure explicitly protects non-public property and contracts are typically enforced. Compensation is required in expropriation instances. Mental property rights are usually not at all times assured. There are generally infringements on mental property, particularly emblems. In terrorist territories property rights are usually not assured. (Heritage Basis, 2010)

Corruption is a major downside in Colombia. There are considerations in regards to the affect of legal organizations on the police, army and different judicial providers. (Heritage Basis, 2010)

Drug trafficking and terrorist exercise continues to be a serious problem in Colombia. With the help of the US, Colombia has been capable of weaken the drug trafficking organizations, scale back the provision of medication to the US, and set up a army presence in battle areas. The involvement of terrorist teams in drug trafficking will increase the problem of slicing down the issue. With the Helpance of the US various growth applications have cultivated over 650,000 hectares of agricultural and forestry lands. Colombia has instituted social infrastructure initiatives to entice communities to stay illicit-crop free. (Bureau of Western Hemisphere Affairs, 2010)