In a stunning decision, the Constitutional Court of Colombia overturned the law creating the Ministry of Equality, citing procedural defects in Congress. The high court stated that there was no fiscal impact analysis during the creation process of the new portfolio. Despite this decision, the Ministry will continue to exist until 2026, as the Court deferred its decision for two legislative terms.
Senator Paloma Valencia of the Uribista party filed a lawsuit challenging the Ministry, arguing that it was “pure bureaucracy.” Valencia pointed out that the Ministry had a budget of 1.3 trillion pesos, with a significant portion allocated to positions rather than investments benefiting Colombians. She emphasized that the Government failed to present a fiscal impact study for the project.
The Ministry of Equality was officially approved by Congress in December 2022 and established to address the needs of 14 towns and various marginalized populations in Colombia. Despite its noble intentions, the Ministry has faced criticism for executing less than 1% of its budget this year.
The Ministry is divided into five vice-ministries, focusing on different segments of the population, including women, youth, territories, excluded populations, diversities, people with disabilities, and ethnic peoples. The Ministry of Equality was a campaign promise of President Gustavo Petro and was headed by France Marquez.