ACT 581 OF 2000

(May 31)

Official Journal No. 44,026, May 31, 2000

For which the proper and effective participation of women in the decision-making levels of the different branches and organs of public power is regulated, in accordance with the articles 13, 40 , and 43 of the National Constitution and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. PURPOSE. This law creates the mechanisms for the authorities, in compliance with the constitutional mandates, to give the woman the appropriate and effective participation to which she is entitled at all levels of the branches and other organs of the public authorities, including the entities referred to in the final article of article 115 of the Colombian Political Constitution, and also promote that participation in the decision of civil society.

ARTICLE 2o. CONCEPT OF MAXIMUM DECISION-MAKING LEVEL. For the purposes of this law, it should be understood as a "maximum decision-making level", which corresponds to those who exercise the highest hierarchy positions in the entities of the three branches and organs of public power, in the national, departmental, regional, provincial, district and municipal levels.

ARTICLE 3o. CONCEPT OF OTHER DECISION-MAKING LEVELS. Understand for the purposes of this law, by "other decision-making levels", those corresponding to charges of free appointment and removal, of the executive branch, of the administrative staff of the legislative branch and of the other organs of public power, different from those referred to in the previous article, and which have powers of direction and command in the formulation, planning, coordination, execution and control of the actions and policies of the State, in the national, departmental, regional, provincial, district and municipal levels, including charges of free appointment and removal of the judicial branch.

ARTICLE 4. EFFECTIVE PARTICIPATION OF WOMEN. The appropriate participation of women in the levels of public power defined in articles 2or. and 3or. of this law, the following rules shall be applied by the appointing authorities:

a) Minimum of thirty percent (30%) of the highest decision-making charges, which is dealt with in article 2, will be performed by women;

b) Minimum thirty percent (30%) of charges from other decision-making levels, which is dealt with in article 3, will be performed by women.

PARAGRAFO. Failure to comply with this article constitutes a cause of misconduct, which will be sanctioned with suspension for up to thirty (30) days in the exercise of the office, and with the removal of the same in case to persist in the conduct, in accordance with the disciplinary regime in force.

ARTICLE 5o. EXCEPTION. The provisions of the foregoing article do not apply to charges pertaining to the administrative, judicial or other special races, in which income, permanence and promotion are based exclusively on merit, without prejudice to what is set out in the article 7or. of this law.

Nor does it apply to the provision of election charges and to those provided by the system of terns or lists, which are governed by article 6or. of this law.

ARTICLE 6o. APPOINTMENT BY SYSTEM OF TERNS AND LISTS. For the appointment in the positions to be provided by the system of terns, it shall be included, in its integration, at least the name of a woman.

For designation on the charges to be provided by the list system, who will make them include men and women in equal proportion.  

ARTICLE 7o. PARTICIPATION IN THE SELECTION PROCESSES. In cases of income and promotion in the administrative career or in any of the special systems of career of the public administration, in which the selection is carried out by means of merit and qualification of evidence, the participation of men and women in equal proportion, as members of the authorities responsible for performing the qualification, will be compulsory.

To set the parity, temporary or ad hoc qualifiers will be named if necessary.

PARAGRAFO. Failure to comply with this article will be sanctioned in the terms of the single paragraph of article 4or. of this law.

ARTICLE 8o. INFORMATION ON JOB OPPORTUNITIES. The Administrative Department of the Civil Service, will send to the Higher Education Institutions information on the charges to be provided in the Public Administration and the required requirements for perform them.

Periodically you will need to update this information, in accordance with the linking opportunities that you are presenting.

ARTICLE 9o. PROMOTION OF FEMALE PARTICIPATION IN THE PRIVATE SECTOR. The Presidency of the Republic, headed by the National Directorate for Women's Equity, the Ministry of National Education, the governors, mayors and other law enforcement authorities. national, departmental, regional, provincial, municipal and district, will develop measures to promote the participation of women in all instances of decision of civil society.

ARTICLE 10. BASIC INSTRUMENTS OF THE NATIONAL PLAN FOR THE PROMOTION AND ENCOURAGEMENT OF WOMEN. The plan shall contain as a basic instrument, mandatory, in order to achieve the above objectives, the following:

a) Education for Colombians in Gender Equality and Promotion of Women's Values;

b) Positive actions aimed at understanding and overcoming the obstacles that hinder women's participation in the decision-making levels of the private sector;

c) Specialized women's training in leadership development with social responsibility and gender dimension;

d) Disposition of effective technical assistance channels;

e) Permanent disclosure of women's rights, protection mechanisms and appropriate instruments to make them effective.

PARAGRAFO. For the development of the instruments referred to in literals (a) and (e), the plan must adopt measures aimed at improving the quality of education, through non-sexist content and practices, which promote the training of men and women to share household and child-rearing tasks; in addition, special attention will be given to literacy programmes aimed at the female population.

ARTICLE 11. REGIONAL PLANS TO PROMOTE AND ENCOURAGE WOMEN. The governors and mayors will prepare departmental, municipal and district plans to promote and encourage women, who must be presented to the administrative corporation of corresponding popular choice, in order to obtain its approval.

These plans will be governed by their training, adoption, development and calculation of time limits, by the provisions of this law.

ARTICLE 12. ASSESSMENT AND COMPLIANCE REPORTS. For the purpose of evaluating the implementation of the National Plan for the Promotion and Stimulus of Women, the Superior Council of the Judiciary, the Administrative Department of the Civil Service and the Directorate Administrative of the Congress of the Republic, will present to the Congress, to the Attorney General of the Nation, before December 31 of each year, a report on the provision of charges, the percentage of participation of the women in each branch and organ of the public administration.

ARTICLE 13. REPRESENTATION ABROAD. The Government and the Congress of the Republic, must include women in the delegations of Colombians who in official commissions attend diplomatic conferences, meetings, international forums, expert committees and events of a similar nature.

Likewise, they will ensure the participation of women in training courses and seminars that are offered abroad to Colombian public servants in the different areas.

PARAGRAFO. Failure to comply with this provision will cause misconduct.

ARTICLE 14. EQUAL PAY. The Government, the Minister of Labour and Social Security, the Administrative Department of the Civil Service and other authorities will monitor compliance with legislation that establishes a level playing field, with special care to make the principle of equal pay for equal work effective.

ARTICLE 15. SUPPORT FOR NON-GOVERNMENTAL ORGANIZATIONS. The Government will promote and strengthen non-governmental entities with a career path, for the rights and promotion of women.

ARTICLE 16. SURVEILLANCE AND COMPLIANCE WITH THE LAW. The Attorney General of the Nation and the Ombudsman will ensure that this law is strictly enforced.

ARTICLE 17. VALIDITY. This law governs from the date of its enactment.

The President of the honorable Senate of the Republic,

MIGUEL PINEDO VIDAL.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

NANCY PATRICIA GUTIERREZ CASTANEDA.

The Secretary General of the honorable House of Representatives,

GUSTAVO BUSTAMANTE MORATTO.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND EXECUTE.

Dada en Santa Fe de Bogotá, D. C., at 31 May 2000.

ANDRES PASTRANA ARANGO

The Minister of the Interior,

HUMBERTO DE LA CALLE LOMBANA.

The Minister of Labour and Social Security,

GINA MAGNOLIA RIANO BARON.