In international relations, the rule of law is a principle of governance that holds all parties, including the government itself, accountable to the same rules. Colombia, however, has faced challenges in fairly upholding this principle, leading to political instability and violence. This article will focus on the fragility and rule of law in Colombia. While significant progress has occurred in recent years, major challenges remain. Overcoming these challenges and strengthening the rule of law will require continued legislative reforms, domestic activism and sustained international support. Although an uphill battle, there is hope for Colombia’s legal system.

Understanding the Roots of the Problem

Colombia has a simple legal structure, featuring a legislative, executive and judicial branch. The country elects a president every four years. A Supreme Court (Corte Suprema de Justicia) establishes legal precedent, and a Constitution serves as the foundation for addressing the fragility and rule of law in Colombia. In theory, everything should function smoothly. However, corruption, dysfunction and inequality plague the judicial system. Several factors have contributed to these conditions:

1. Armed Conflict: Since the 1960s, civil war among rebel guerrilla groups and right-wing paramilitary groups has ravaged Colombia. Millions have been displaced or murdered, and this five-decade-long conflict significantly weakened legal institutions and fostered criminal activity, particularly in rural areas.
2. Organized Crime: Human trafficking, drug cartels and illegal economies thrive in Colombia. This activity fuels violence and significantly undermines state authority. 
3. Government Corruption: Elected officials frequently accept bribes from cartels, rebels and businesses to manipulate the law. These powerful figures are rarely held accountable, perpetuating a cycle of inequality.
4. Dysfunctional Judicial System: Colombia’s judicial system itself is inherently flawed. Understaffing leads to a majority of crimes going unpunished. Legal professionals often face large bribes or violent threats, hindering their ability to administer justice. Furthermore, most poverty-stricken areas lack access to adequate legal institutions.

Impact on Citizens

The fragility and rule of law in Colombia has had a debilitating effect on its citizens, as one can see through citizens distrust of their government and the widespread poverty that runs rampant. Here is information about how fragility and rule of law in Colombia has increased distrust and poverty.

• Distrust in Government: The World Justice Project’s 2022 survey reveals some shocking opinions that Colombian citizens hold:
  • Only 22% believe government officials would be held accountable for breaking the law.
  • Only 27% of citizens feel that local government officials are elected fairly.
  • A staggering 88% believe that most or all members of Congress are corrupt.
  • Only 36% believe the judicial system is effective in prosecuting criminals.
  • Over 70% believe most or all legal officials are corrupt.
  • Only 26% feel the police act lawfully, and a mere 25% trust the police.
    
• Poverty: Corruption significantly hinders development and exacerbates poverty. In fact, as reported by the U.S. Department of State, Colombia lost more than $115 million (meant for infrastructure) to bribes and kickbacks. This irresponsible usage of resources prevents the government from providing essential services to the public, disproportionately affecting poor citizens that rely on the assistance. Furthermore, according to the World Bank, 39.3% of Colombians lived below the national poverty line in 2022. Put simply, corruption wastes resources that could be used for poverty reduction programs, infrastructure development or education, further entrenching Colombia’s citizens in a cycle of poverty.

Progress Towards Equality

While the situation is challenging, the statistics above actually represent growth compared to previous years, particularly regarding perceptions of corruption. This indicates that, albeit slowly, Colombia is making strides toward stability.

Several factors have contributed to this progress, including legislative reforms and international efforts:

• International Bar Association’s Human Rights Institute (IBAHRI): This group actively works to restructure the Colombian Judicial System. The IBAHRI has conducted fact-finding missions, provided training to judges and lawyers and advocated for legal reform.
• Colombian Government: Technology is being implemented to streamline judicial processes. One example is the “Justicia XXI” program, which aims to digitize court records and implement electronic case management systems. 
• The United States: Since 2017, the United States has donated roughly $1.5 billion to Colombia to assist in “peace accord implementation.” These programs have contributed to the resolution of civil war, reduction of poverty and a crackdown on drugs.
• The World Bank: The World Bank has provided Colombia with two DPFs. A DPF (or a Development Policy Financing) is a type of loan/grant that aims to support poverty reduction. In Colombia, specifically, the money has gone towards the creation of policy that “improves fiscal sustainability, increases productivity and improves economic/social integration of migrants.” 
• European Union: The European Union Trust Fund for Colombia, established in 2016, supports projects such as the Land Restitution Unit, which helps victims of armed conflict restore their territory, and the Rural Development Project, which looks to increase living standards in underserved regions of the country.
• Legislative Reforms:
  • In 2022, Colombia passed Law 2195 to eliminate corruption between the public and private sectors.
  • In 2023, a 10-Year Drug Policy, based on international standards, was introduced to reduce drug trafficking nationwide. 
  • In 2025, Colombia’s Supreme Court will replace four of its nine judges, a decision aimed at ensuring equality in the nation’s highest tribunal.

A Plan for the Future

To maintain this positive trajectory, Colombia will need to continue its anti-corruption campaign by continuing to reform the judicial system, implementing technology and expanding access to justice, particularly in rural and marginalized communities. Furthermore, the country needs to improve security measures, specifically by increasing police accountability and trustworthiness. In doing so, Colombia should be able to combat organized crime, one of the largest issues that the country faces. 

Although domestic reform is critical, Colombia cannot act alone. It will need support from the international community. Currently, the United States, the World Bank and the European Union all provide financial aid, and it would be beneficial for more institutions to follow suit. If Colombia can capitalize on international support, reduce corruption and reform its judicial system, a brighter future is within reach. The fragility and rule of law in Colombia will no longer be a burden, but a testament to peace, democracy and equality.

– Josh Weinstein

Josh is based in Chester Springs, PA, USA and focuses on Politics for The Borgen Project.

Photo: Flickr