Summary.
The bill defines a citizen consultation as a formal, in person or digital process through which a competent authority seeks the population’s opinion or decision on a proposed rule, public policy, project, or administrative act of collective interest. It proposes to make the results binding on administrative, legislative, or planning decisions. Its application would follow principles of public participation, transparency, good faith, equity, respect for the popular will, technological security, accountability, and institutional cooperation. Participants would establish residence in the relevant area through a personal identity card, a utility bill in their name, and inclusion on the current electoral roll.
The result would bind the convening authority, the community, and other competent authorities if the consultation is called in accordance with the law and duly publicized, and if participation is broad, free, transparent, and representative. At least 30% of citizens eligible to vote on the electoral roll of the relevant constituency must participate. The community would have one or more technicians licensed by the Technical Board of Engineering and Architecture (Junta Técnica de Ingeniera y Arquitectura) to assist in technical discussions without restricting citizens’ right to speak. The matter submitted could not conflict with constitutional provisions or international commitments in force. The result, consultation history, and technical reports would be published in the transparency section of the originating public institution’s website.
The convening authority would have to include in the organizing committee the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información, ANTAI), the Ombudsman’s Office (Defensoría del Pueblo), community organizations, the relevant business or productive sector, organized civil society, the local or municipal authority, and qualified technical experts. The Community Board (Junta Comunal) of the constituency would participate in planning, convening, supervision, and logistics, alongside the presidents of all Local Development Boards (Juntas de Desarrollo Local) in the corregimiento (district).
Voting would take place primarily through secure digital platforms or by a show of hands. The Local Development Boards, Community Boards (Juntas Comunales), municipalities, and Ombudsman’s Office would supervise the choice of voting method. The process would provide access for persons with disabilities, authentication and encryption, an auditable vote record, and publication of results in real time and through official channels. The Community Board would provide public spaces and technical assistance, verify identities, and publicize the process; the Ombudsman’s Office and ANTAI would serve as observers. The convening authority would immediately communicate the binding result.
The bill would apply without prejudice to Law 6 of January 22, 2002, Law 33 of April 25, 2013, Law 37 of 2009, as amended by Law 66 of 2015, and related rules. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations from promulgation, when the proposed law would take effect. The measures concern the public institutions named above and could affect community organizations, civil society, business or productive sectors, and residents of the constituencies where consultations take place.
What it proposes.
- Binding effect of citizen consultations.
- Participation requirements and technical validation.
- Sectoral organization, voting, and publication of results.
Who it would affect.
- Authorities convening citizen consultations.
- Eligible voters on the constituency’s electoral roll.
- Communities and sectors represented in consultations.
- Authorities and institutions organizing or supervising voting.
Key points.
- Proposes binding results for citizen consultations concerning administrative, legislative, or planning decisions.Art. 1
- Requires proof of residence through a personal identity card, a utility bill in the participant’s name, and inclusion on the current electoral roll.Art. 2
- Defines a citizen consultation as a formal, in person or digital process concerning matters of collective interest.Art. 3
- Makes the binding effect conditional on a lawful, public call, representative participation by at least 30% of the relevant electoral roll, technical assistance, and publication of results and reports.Art. 4
- Requires representation of institutions, organizations, sectors, experts, the Community Board, and the presidents of the Local Development Boards on the organizing committee.Art. 5
- Provides for primarily digital voting or a show of hands, with access, authentication, an auditable record, publication of results, and local assistance.Art. 6
- Requires the convening authority to communicate the binding result immediately.Art. 7
- Preserves the application of related rules and provides for implementing regulations and entry into force upon promulgation.Arts. 8-10