Colombia's Independence and Constitution: A Historical Overview

Colombia, located in the northwest of South America, is a country rich in diversity with a mix of technical and regional specificities. It has various social practices, worldviews, and cultures protected by the 1991 constitution. The country was founded as a republic politically organized into 32 decentralized departments and the capital district of Bogotá. The official history traces back to an altercation on July 20, 1810, between criollos and Spanish crown officials over a vase, leading to a popular revolt that sparked Colombia's independence process, culminating on August 7, 1819.

The independence of Colombia began with the symbolic 'Florero de Llorente' incident in 1810, where criollos planned a revolt against European rule. This led to historical events like the signing of the Declaration of Independence in Santafé and campaigns led by Simón Bolívar. The independence struggle lasted from 1810 to 1819, culminating in the Battle of Boyacá on August 7, 1819, where the territories of the Viceroyalty of New Granada were liberated.

The first Colombian constitution, influenced by the United States, was written in 1811 by the Assembly of Cundinamarca. It established the independence of the executive, legislative, and judicial powers, granting rights to citizens previously treated as commoners or subjects. The constitution, certified by secretaries Frutos Joaquín Gutiérrez and José Acevedo y Gómez, laid the foundation for Colombia's governance and societal laws.

In December 1819, Simón Bolívar proclaimed the unitary constitution in the Congress of Angostura, declaring the independence of Gran Colombia. Bolívar, elected as president and general-in-chief of the army, achieved significant victories like the Battle of Carabobo in 1821. The Congress of Cúcuta in August 1821 confirmed the union between New Granada and Venezuela, appointing Bolívar as president and Francisco de Paula de Santander as vice president.

The Constitution of Cúcuta, proclaimed on August 30, 1821, resulted from a five-month congress attended by 57 deputies from 19 provinces. This constitution, established after sessions led by Antonio Nariño, ratified the fundamental law of the Republic of Colombia from Angostura in 1819. It set up a centralist republican government with Simón Bolívar as president and Francisco de Paula de Santander as vice president.

Bolivar's Congress of Angostura, held in 1819, was a significant event in the history of Gran Colombia. It consisted of 10 chapters and 191 articles. One key provision was the gradual emancipation of slaves, where children of enslaved parents would be freed at the age of 18. Additionally, a fund was created to support liberated slaves, collecting percentages ranging from 0.15% to 10% of inheritances.

The political structure of Gran Colombia, as established by Bolivar, consisted of three major departments: Venezuela, Quito, and Cundinamarca. These departments were further divided into provinces, cantons, and municipalidades. Voting rights were granted to those over 21 who could read and write. To become a senator, one needed to be a native Creole, own property worth 4000 piastres, have a liberal profession, and meet residency requirements.

By November 23, 1823, Bolivar had defeated the last Spanish forces, securing Venezuela's independence. Guayaquil declared independence on October 9, 1820, while Quito became a stronghold for resistant royalists. Bolivar's victories in Pasto and Guayaquil paved the way for the liberation campaign, culminating in the Battle of Pichincha on May 24, 1822, uniting Venezuela, New Granada, and Quito in Gran Colombia.

The final dissolution of Gran Colombia occurred on November 21, 1831, due to political differences between centralists and federalists, as well as economic conflicts. The government's decree between June 24, 1828, and March 1830 did not prevent Venezuela's separation on December 27, 1829. The failed Ocaña Convention in 1828 highlighted the divide between Santanderistas favoring federalism and Bolivarians advocating for a strong central and presidential power.

On January 20, 1830, Bolívar convened the Admirable Congress to address the institutional crisis in Venezuela. Despite considering a new constitution as a solution, the lack of support for Bolívar led to Venezuela's separation. Bolívar's declining health prompted his resignation on March 8, 1830, with Domingo Caicedo becoming interim president.

The 1830 Constitution, which was short-lived, was deemed 'stillborn' upon its issuance. Despite the Admirable Congress approving a constitution on May 5, 1830, maintaining the Gran Colombia's unity, it did not come into effect. The secession of Venezuela and Bolívar's permanent retirement led to the dissolution of the Gran Colombia, with the Department of the South declaring independence on May 13, 1830, forming the Republic of Ecuador.

The Political Constitution of the State of New Granada in 1832 governed the constitutional life after the dissolution of the Gran Colombia on November 21, 1831. The National Convention, comprising representatives from various provinces, sanctioned a new constitution on February 29, 1832, officially naming the country the Republic of New Granada. This constitution allowed the president to interrogate individuals in criminal cases and granted executive powers in times of grave danger.

In Nueva Granada, individuals arrested were to be presented before a competent judge within 72 hours, along with all relevant documents and proceedings for the granting of amnesties or pardons. The territory was divided into judicial districts with established courts, following principles to expedite justice administration.

The Republic of Nueva Granada was established in 1830, adopting a centralist and presidentialist form of government. President José Ignacio de Márquez enacted a law to abolish Catholic convents with fewer than eight religious members, sparking the first Colombian civil war known as the War of the Convents from 1839 to 1842.

In 1840, under General Tomás Herrera's leadership, the State of Isthmus was established through a fundamental law, conditioning the reincorporation of Panama on adopting a federal political system. President Tomás Cipriano de Mosquera invited Italian cartographer Agustín Codazzi in 1845 to lead a national geography project, resulting in the Choreographic Commission.

During General Pedro Alcántara de Rne's presidency, an intense educational reform was implemented, emphasizing authoritarianism and centralism to maintain national order amidst ongoing warfare. The conservative faction exploited these changes to their advantage.

President José Ignacio de Márquez viewed liberal and federalist ideas as destabilizing factors, leading to the drafting of a new constitution in 1843. The Political Constitution of the Republic of Nueva Granada of 1843 governed the nation until 1853 when it was replaced by the 1853 constitution.

In 1848 and 1849, the traditional Conservative and Liberal parties were officially coined, shaping Colombian politics for the next 150 years. The Congress and López's government approved the Manumission Law in 1851, ending slavery in the region.

Between 1849 and 1853, the number of provinces in Nueva Granada increased from 22 to 36. In 1850, General José Domingo Espinar and the newspaper editor of Panamá, Hecho, led a revolution resulting in the second separation of Panama from Nueva Granada, despite opposition from the local governor.

The Constitution of Neogranada in 1853, also known as the Constitution of Nueva Granada, was a significant national political document that governed the Republic of Neogranada from 1853 to 1858. It established the popular election of the procurator who had judicial immunity before the Senate and the Supreme Court. The procurator's role included defending state interests, overseeing the judiciary, enforcing judgments, directing other prosecutors, participating in Supreme Court discussions, proposing legal reforms, advising the government council, and annulling municipal ordinances.

Following a brief civil war victory over the conservatives, the liberals enacted a new constitution on May 30, 1853. This constitution, the first with a distinctly liberal orientation in the country, endorsed José Hilario López's reforms and guaranteed total freedom of thought, assembly, and education. It featured a blend of centralist and confederalist elements, leaning more towards the latter. Remarkably concise, the 1853 constitution comprised only 64 articles.

In response to evolving circumstances post-1853, a new federal constitution was drafted on May 22, 1858, during Mariano Ospina Rodríguez's presidency. This constitution transformed the country into the Granadine Confederation, consisting of 8 states with legislative autonomy and the ability to elect their president. It governed Colombia until 1863 when it was replaced by the 1863 constitution, heralding the onset of federalism and renaming the Republic of Nueva Granada to the Confederation of Granada.

The autonomy granted by the 1853 constitution intensified federalist leanings, leading to the approval of several additional acts by Congress between 1855 and 1857. These acts established sovereign states in the country, including Panama in 1855, Antioquia in 1856, and Santander in 1857, alongside Cauca, Cundinamarca, Boyacá, Bolívar, and Magdalena. The proliferation of states necessitated a new constitution aligned with the country's political reality.

Recognizing the need for a constitution reflecting the country's political landscape, a new constitution was crafted on May 22, 1858. This constitution abolished the vice presidency, replacing it with a designee appointed by Congress. It stipulated four-year terms for the president and senators, and two-year terms for the chamber. The distribution of powers between the central government and states was delineated, with the government responsible for matters not under state jurisdiction.

During the government of General José Hilario López in 1849, Colombia underwent a significant political and economic transformation. The country shifted from a colonial structure to capitalism, leading to ideological, political, and military struggles across the territory. This period marked the emergence and definitive configuration of the historical Colombian parties, such as the Liberal Party led by Ezequiel Rojas and the Conservative Party led by Mariano Ospina Rodríguez and José Eusebio Caro.

After seizing power, Tomás Cipriano de Mosquera initiated a process to draft a new constitution, which was promulgated on May 8, 1853. This constitution renamed the country as the United States of Colombia, granting almost unlimited autonomy to the states within the union. This move weakened the central government politically and economically, while also expanding guarantees and individual freedoms, including freedom of worship and the right to bear and trade arms.

The Constitution of Rionegro, promulgated in 1863, marked a significant shift in Colombian governance. It abolished the name Confederación Granadina, renaming the country as the United States of Colombia. Each state within the nation gained autonomy to legislate, maintain its own army, and administer justice independently. The constitution also enshrined individual freedoms of commerce, opinion, press, education, and association. Additionally, it abolished the death penalty, introduced conscience juries, and updated educational curricula with modern sciences like physics, chemistry, biology, and philosophy.

In 1885, radical liberals, dissatisfied with the moderate government's actions against the principles of the Constitution of Rionegro, engaged in a civil war. However, they were overthrown by the government, leading to the creation of a new constitution aimed at correcting the excesses of its predecessor. This event marked the beginning of a period of regeneration in Colombian politics.

The Constitution of 1886 became the national legal framework in Colombia from the late 19th century to the late 20th century until it was replaced by the Constitution of 1991. This constitution addressed the shortcomings of previous versions and set the stage for a new era in Colombian governance.

The 1886 Constitution of Colombia was promulgated by Rafael Núñez, the then President of the Republic. Miguel Antonio Caro, a prominent politician, was the main writer of the constitution, which was approved on August 4, 1886. This constitution, the longest-lasting in Colombian history, established the country as the Republic of Colombia and shifted it towards a centralist state guided by Catholic Church precepts.

The 1886 Constitution of Colombia introduced significant changes, including renaming the country from the United States of Colombia to the Republic of Colombia. It transitioned from a federal system to a centralist structure with sovereign states becoming departments. The presidential term was set at six years, and the military forces of each sovereign state were unified into national military forces. Additionally, the constitution declared Catholicism as the national religion, shifting the state from secular to confessional.

The 1886 Constitution of Colombia had far-reaching consequences, such as transferring the regulation of marriage from civil authorities to the Catholic Church, leading to the abolition of divorce. It also resulted in censorship by the Church of teachers and public employees advocating secularism. Furthermore, it sparked the Colombian Civil War of 1895 and the Thousand Days' War, highlighting the societal divisions and conflicts that arose from the constitutional changes.

The 1886 Constitution underwent significant reforms in 1910 and 1936, with additional reforms in 1905, 1954, 1957, 1958, 1968, and 1986. Despite these changes, it remained the longest-lasting constitution in Colombian history, being in effect for 104 years. The Thousand Days' War, a civil conflict from 1899 to 1902, was a direct result of discontent with the political and social implications of the 1886 Constitution, leading to devastating consequences for Colombia.

The 20th century in Colombia was marked by a conservative hegemony that lasted until 1930. This period saw relative peace after over three years of devastating warfare, leaving the economy in ruins, the currency devalued, and the country's infrastructure destroyed. Estimates of casualties range from 80,000 to 100,000 in a population of less than 4 million. Deep-seated animosities among the population, lasting 30 years, culminated in civil unrest in the 1930s, following the loss of Panama in 1903 with the assistance of the United States.

The Constitution of Colombia in 1991, also known as the Constitution of Human Rights, replaced the 1886 constitution during President César Gaviria's term. It was promulgated on July 4, 1991, and represented a significant shift towards inclusivity, with former M-19 members, indigenous peoples, and Afro-Colombians participating in its drafting. This constitution recognized not only classical fundamental rights but also economic, social rights, and collective rights. It established Colombia as a social state of law, transitioning from a representative to a participatory democracy, acknowledging ethnic and cultural diversity, and protecting cultural heritage.

The Constitution of 1991 in Colombia emphasized rights and fundamental freedoms, transitioning the country from a rule of law state to a social rule of law state. This shift aimed to reduce inequality and improve living conditions, especially for the most vulnerable citizens. The new constitution recognized Colombia as a multiethnic and multicultural nation, encompassing indigenous, Afro-descendant, raizal, palenquera, and mestizo communities.

Despite being one of the most respected in the hemisphere, the Constitution of 1991 has faced challenges in fulfilling its objectives. Issues such as corruption and clientelism, which were intended to be addressed through the creation of oversight bodies, continue to persist in Colombian society.

Over the past 30 years, the National Constitution of 1991 has undergone 55 modifications. These changes have touched upon various aspects including decentralization of territorial entities, fiscal control, legislative reforms related to the peace agreement implementation, and controversial amendments like the one allowing presidential reelection in 2004.

One significant achievement of the 1991 Political Constitution was strengthening the foundations for economic stability in Colombia. The country experienced hyperinflation during the Thousand Days' War, reaching a peak of 400 percent. However, inflation gradually decreased since 1990, with the central bank utilizing its autonomy and monetary tools to manage crises effectively.

It is evident from the history of Colombian constitutions that there is no perfect constitution. Each iteration has faced challenges and required modifications to adapt to changing circumstances and societal needs.