Constituent Assembly: this is the process that must be followed to convene it

Calling a National Constituent Assembly for the 2026 presidential elections was what President Gustavo Petro proposed this Friday, after repealing the referendum following the approval in the plenary session between the Senate and the House of Representatives of the conciliation reports of the National Government's labor reform bill, just on the last day of the current legislature.

Although the president had already pledged not to call for this mechanism if this legislative initiative were to prosper, he mentioned on June 20 that a call is necessary so that the Colombian people can " change " the country.

(Also: Petro announces that he will repeal the referendum, but insists on a constituent assembly .)

" The Constituent Assembly has already been convened by the presidency. I believe that convening it is necessary; the participation of the people is essential to change Colombia. We have just demonstrated this with the effects that the massive demonstration of the people had on their will and the will of Congress. Without the people, there is no social justice ," he added.

And he further explained: " That's why a ballot will be issued to convene the National Constituent Assembly in the upcoming elections. I await the decision of millions so that the next government and Congress have the imperative mandate to build a social state of law, social justice, profound democracy with the people, and peace ."

But what does the process of convening a national constituent assembly work like in Colombia? Can it be done in the same way as the Seventh Ballot in 1990?

What is a constituent assembly in Colombia?

Portafolio spoke with experts about this figure recorded in the current Constitution (a product of the aforementioned Seventh Ballot) and in Colombia's contemporary history; and asked them about everything that should be clear about it.

(We recommend: 'It's necessary': the voices in favor of Gustavo Petro's constituent assembly ).

According to Alejandro Toca, coordinator of the Public Administration Program at the Grancolombiano Polytechnic , it is " a collegiate body, elected by popular vote, with the specific mandate to draft a Constitution or drastically reform an existing one. It is the highest exercise of constituent power in a democracy ."

" The people, through specially elected representatives, decide the fundamental rules of the State, the system of rights, the public powers, and their functioning. In Colombia, specifically, the last Constituent Assembly, which met in 1991 and gave rise to the current Constitution, is considered one of the most inclusive and advanced social pacts in the region ," he added.

Luis Guillermo Guerrero, former Constitutional Court judge and director of the Department of Public Law at the Pontifical Javeriana University , gave more details on how the call should be carried out.

" The Colombian Constitution contemplates the possibility of convening a national constituent assembly to reform it. It is a mechanism by which, through a law approved by the Congress of the Republic, by a qualified majority of members of both chambers, the people are asked whether they wish to convene an assembly under the conditions established by the law regarding the agenda and purpose of the assembly ," he explained.

And he added: " Based on that law, the people make their decision, and if a third of the electoral roll is obtained, it would imply that the people then decide to convene the assembly and elections would have to be called to elect the members who would make up that national assembly, whose term would be set in the law itself of convening it ."

Is it feasible to call it for 2026?

President Petro was emphatic in stating that he will convene the constituent assembly for 2026, the year in which elections will be held to select the new guest of the Casa de Nariño.

(Read more: 'Empty Promises': The Voices Against Petro's National Constituent Assembly .)

For this reason, many political leaders in the country, such as Senators María Fernanda Cabal and Paloma Valencia, and other members of Congress, such as Senate President Efraín Cepeda , assert that convening a constituent assembly during election season may be inconvenient, unfeasible, and undemocratic.

" You can't cut corners on democracy. Now, a ballot, this has just been tweeted, I must consult with my legal team, but I must say that the Constitution is clear and the Constitution says that the convening of the Constituent Assembly must be passed through the Congress of the Republic, so at first glance, I don't see that as a viable option because you can't cut corners on democracy ," Cepeda said on social media.

In response, Toca noted the following: " The practical feasibility of convening a constituent assembly is limited and complex. Colombia has one of the most reformable constitutions in Latin America, but convening a constituent assembly requires strict legal procedures and, above all, broad political consensus ."

He also mentioned that this process will not depend solely on the will of the National Government or popular support, but on compliance with legal constitutional requirements, such as the law that must be approved by Congress and be under automatic control of the Constitutional Court .

Luis Guillermo Guerrero, for his part, said: " President Petro's proposal deviates from this framework because he suggests that he would include an additional ballot in next year's elections so that voters can express their desire for a constituent assembly ."

PORTFOLIO