The Administrative Court of Cundinamarca declared the invalidd of the appointment of the Director of the Department of the Presidency of the Republic Víctor Muñoz.
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This when finding proven that it was infringed the quota law that establishes that 30 percent of positions must be held by women.
On April 20, the same Court overturned the appointment of Defense Minister Diego Molano Aponte, but by the time of the decision, new appointments had been made that guaranteed that the norm was being complied with.
In the new ruling on the appointment of Muñoz on February 5 of last year, the Court says that by that time of the 6 existing administrative departments, only 1 was in charge of a woman.
“Based on what has been noted, the argument put forward by the plaintiffs is destined to prosper, since to comply with the 30% quota law in the positions of the highest decision-making level, of the 6 administrative departments, at least 2 should be in charge of women. However, this was not the case given that, on the date of issuance of the requested administrative act and filing of the application, only one (1) of them was occupied by a woman, thus failing to comply with the minimum requirements of article 4. ° of Law 581 of 2000, since a man was appointed by Decree 133 of February 5, 2021, there was less than 30% participation
of women in the aforementioned positions,” reads the ruling.
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In the process, the Presidency pointed out, among others, that in DAPRE of the 38 managerial-level positions in its staff, 18 are occupied by women and 20 by men, and that there is no exhaustive legal enumeration of the positions that are considered of ‘maximum decision-making level’ so it cannot be said that Muñoz’s position falls into that category.
“The President of the Republic has complied with the legal minimums for women’s participation in positions of the highest decision-making level, including those of director of the administrative department and their equivalents,” said the presidency in the response to the lawsuit.
The Attorney General’s Office supported the position of the Presidency and said that the annulment of the appointment was unsuccessful, considering that there was no breach of the quota law.
The Court’s Reasons
In the ruling, the court indicated that the positions of the ‘highest decision-making level’ “are those of the highest hierarchy in the organization in which the general direction of the
organization”, among them the position of director of the administrative department.
He also points out that “it is clear that of the 6 administrative departments
currently existing, 30% should be occupied by women, which is equivalent to 1.8 which, by this decimal, approximates the following whole number, which in this specific case is 2. Therefore, it is evident that two (2) of the administrative departments had to be occupied by women, to meet the minimum legal quota in this category of high-level decision-making positions”.
The ruling urges President Iván Duque “to comply with the provisions of articles 1, 2 and 4 of Law 581 of 2000, at the time of appointing directors of the administrative department, observing the minimum quota 30% participation of women”.
Víctor Muñoz indicated on his social networks that he learned of the decision through information on the page of the Judicial Branch and that he has not been officially notified.
“The corresponding notification is expected and once the full content of the decision is known, I will appeal the determination before the Honorable Council of State,” said the official.
And he added: “as a public servant and citizen I respect the decisions of the justice system and I will abide by the final decision that results from this process, always with the conviction of having acted with integrity and as ordered by the Constitution and the law.”