Criticism and demands against the authorities rained down on the strike. The Administrative Court of the Valley He had two pronouncements.
one about the validity of Decree 0304 that institutionalized social dialogue in Cali. The review was requested by the Government of the Valley.
The other sentence refers to a Popular action in which the use of weapons was requested in the face of the strike.
The Court urged the Presidency, Government and Mayors to comply with the recommendations of the United Nations High Commissioner for
Human rights.
The Regional Strike Committee is urged to refrain from future protests that affect collective rights to safety and health or the rights of citizenship.
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During the national strike, criticism and some demands rained down on the Mayor’s Offices of Cali, Yumbo, Jamundí, Palmira, and Candelaria, the Government of Valle and the Presidency.
The government of the capital of the department questioned its decree to open dialogue with the so-called First Line in that protest.
The Administrative Court of the Valley issued two pronouncements, informed the Administrative Department of Public Legal Management of Cali.
One ruling was on the declaration of validity of Decree 0304 that institutionalized social dialogue in the District. The review was requested by the Government of the Valley.
The Legal Director of the Mayor’s Office, María del Pilar Cano, said that “after a judicious analysis of the Mayor’s competence, The Court maintains the thesis that the Decree under review does not recognize the First Line social movement as Personería.
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Lawyer Maria del Pilar Cano, Legal Director of the Mayor’s Office of Cali.
“The Mayor does not limit the intervention of the Police, Esmad, to scenarios outside the points of resistance. The limit is to the environment where peaceful public demonstrations take place and derives properly from the Political Constitution, for which the district governor replied that mandate in the exercise of his police power, in addition to the fact that there is no limitation to the preferential competence of the national leaders. and departmental,” said Cano.
The lawyer says that the ruling states that “the channel for safeguarding lives promotes the defense of Human Rights does not replace or displace the competence and responsibilities of the administrative judicial authorities, which are responsible for advancing legal competences. On the contrary, it adds citizen control and reiterates institutional control in favor of the transparency of actions and procedures, which is part of the democratic principle”.
“With this ruling we have to say that the high courts are already recognizing that dialogue is the way forward. The institutionalization of dialogue by the mayor’s office is what allowed the institutionality to be maintained and lift all the blockades that were made in 2021”, the lawyer said.
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Faced with the Popular Action, the Contentious Administrative Court of the Valley declares that the phenomenon of current lack of object by fact is configured
overcome.
That Action, requested by lawyers and accountants, alluded to the events on the occasion of the national strike of April 28. They requested the use of public force, militarization and the use of weapons to end the protests of the social outbreak in 2021.
Mobilization during strike in Cali
Before the Court, the defendant entities, the Presidency of the Republic, the Department of Valle del Cauca, the National Protection Unit, the Ministry of the Interior, the Municipality of Candelaria, the Municipality of Palmira, Jamundí and the Special District of Cali, presented their arguments in the answer. of the demand, pointing out the importance of dialogue and agreement, as well as the measures that were taken to lift the blockades.
The Court, in the order, says that the omission or delay in acting by the highest authorities of the territorial entities “who did not immediately exercise their constitutional, legal and regulatory powers and specifically omitted the effective material police activity that prevented the destruction of the public assets and fiscal assets of the Department, the municipalities and the city of
Cali, affecting fundamental rights of the population (life, work,
locomotion, dignity, health, education, among others)”
The entities involved will be exhorted to comply, as is their duty, with the recommendations of the report of the Office of the United Nations High Commissioner for Human Rights
Providence says that “The affected entities will be exhorted to comply, as is their duty, with the recommendations given in the report submitted by the Office in Colombia of the United Nations High Commissioner for Human Rights “Document Lessons Learned, National Strike Colombia, 2021Juliette de Rivero, Representative of the High Commissioner”57 and by the Inter-American Commission on Human Rights in the report called “Observations and recommendations Visit: June 2021 Working visit to Colombia”, in addition to “Investigate and, where appropriate, prosecute and punish, in accordance with the guarantees of due process, those responsible for the crimes committed within the framework of
the protests.”
The Court urges “the members of the Regional Unemployment Committee, made up of
the delegates of the labor centrals, Fecodem Cric and student leaders who “refrain from future protests from public expressions that encourage behavior that affects the collective rights to security and public health or the fundamental rights of citizens in general”.
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The Legal Director of the Mayor’s Office says that “legitimate solutions were sought to reinforce trust in the institutions because they were not talking with groups outside the law, but with young people, some university students who have not been able to continue their studies, high school graduates, young unemployed, who have not had access to education or a formal job and had a lot to say”
The official said that the provision mentions that was the only city that began the path of dialogue, highlighting in its sentence, recognitions that the United Nations Organization (UN) made in this regard to the mayor’s office that insisted, says the providence, on prioritizing social dialogue as a response to the persistent protests. It must be specified that if the Court comes and says that we did it late, the truth is that the issuance of the decree, although it was on May 31, was the product of a process that began from the very dawn of the protests.
Cano stressed that “it is recognized that the path that the Special District began to travel is the one that is consistent with the institutional and legal order, it is the one that is consistent with respect for life, emphasizing that dialogue is the path.”
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