Reforms in Danger! Petro's Government Insists on a Popular Consultation in the Face of Legislative Blockade and the Threat of Judicial Setback for Pension Reform.

Bogotá, DC – President Gustavo Petro's administration has doubled down on popular consultations as a mechanism to unblock his ambitious social reforms, submitting a new proposal to Congress on or around May 20, 2025. This strategy emerges amid strong legislative opposition, fears of a judicial setback for the already approved pension reform, and persistent allegations of corruption that cloud the implementation of his initiatives.

Faced with the stagnation of several of its key reforms in Congress, the Colombian government, represented by the Ministers of the Interior, Labor, and Health, has presented a new proposal for a referendum. This time, the text includes 16 questions (four more than the previous version, with a new emphasis on the health system) that seek to submit key aspects of the labor, pension, and health reforms to a public vote.

Details of the Proposed Reforms Via Consultation

The government's intention is clear: to use the mechanisms for direct participation provided by the Constitution to advance an agenda of structural changes that has failed to achieve consensus in the legislature. According to the ministers, these questions reflect "historical struggles of the labor movement" and respond to "emerging realities." Among the key points to be submitted for consultation are:

Labor Reform:

Establish an 8-hour day (between 6:00 am and 6:00 pm).

Increase surcharges for night hours to 75% and for work on Sundays and holidays to 100%.

Make the open-ended contract the general rule in labor relations.

Prohibit labor outsourcing through union contracts.

Formalize historically precarious sectors such as domestic, artistic, and sports work.

Require companies to hire a minimum number of people with disabilities.

Transform the apprenticeship contract into a formal employment relationship, especially for young people from SENA.

Create a special labor regime for farmers.

Health Reform:

Guarantee the public purchase and production of essential medicines.

Transform Health Promotion Entities (EPS) into health managers, rather than financial intermediaries.

Establish a preventive model of primary health care.

Ensure decent working conditions for health sector workers.

Pension Reform:

Create a fund to finance a rural pension bond for those who have not accessed the contributory system.

The insistence on a referendum is a tactic by the Petro administration to try to circumvent the opposition in Congress and seek direct legitimacy from the citizenry. However, this path is not without its difficulties: a minimum threshold of participation and a majority of favorable responses are required for the referendum to be binding, and even then, the approved questions must then be processed into law by Congress.

An Adverse Political and Judicial Climate

This renewed commitment to a referendum comes at a time of heightened political and judicial tension for the Petro administration:

Pension Reform on the Line: There is a well-founded fear among the ruling party that the pension reform, already approved by Congress and due to take effect on July 1, will be declared unconstitutional by the Constitutional Court. Some sources suggest the Court's vote could be 5-4 against the reform.

Corruption Allegations: The atmosphere is also tense due to serious allegations of corruption surrounding the approval of the reforms in Congress. Alleged bribes totaling 4 billion Colombian pesos are being investigated, allegedly given to influential congressmen such as Iván Name (President of the Senate) and Andrés Calle (President of the House of Representatives) to ensure the advancement of government initiatives.

Threat of a "National Strike": President Petro himself has even raised the possibility of calling a "national strike" if his reforms aren't approved by Congress, an extreme measure that could further polarize the country and increase instability.

This complex situation, which combines a standoff with the legislature, uncertainty surrounding crucial judicial decisions, serious allegations of corruption, and the threat of social unrest, creates a high-risk scenario for Colombia's governability and institutional stability.

"The government proposes limiting the daytime workday to eight hours... with a 75% surcharge for night shifts. It also proposes that work on Sundays and holidays be paid with a 100% surcharge."

In another development, President Petro has also proposed that the Holy See become a new venue for peace negotiations with the ELN guerrilla group, as part of his "Total Peace" policy, although he has strongly criticized the insurgent group's recent actions. This peace initiative could seek to create a positive counterbalance amid internal difficulties.

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