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Colombian President Gustavo Petro issued a presidential decree on June 11 calling for a referendum on his proposed labor reforms, which according to the Constitution require congressional action for implementation. His reforms and calls for a referendum had previously been rejected by the Senate.
“I have signed the decree calling for the referendum,” Petro wrote in a post on social media platform X.
The referendum sought by the president seeks to push through labor reforms that would make permanent contracts the norm for the public and private sectors, reduce working hours, and protect vulnerable groups, among other things. Business leaders have warned that such mandates will increase labor costs, significantly reduce jobs, and encourage informal employment.
His proposed reforms were approved by the House of Representatives on Oct. 17, 2024, but rejected by the Senate on March 18 and shelved by the Senate’s Seventh Committee.
In response, Petro proposed a referendum so that Colombian citizens could vote on the government’s proposed reforms. However, on May 15, that proposal for a referendum was rejected by the Senate in a 49–47 vote.
After the session, Petro claimed there was fraud in the vote, without presenting evidence.
“The referendum wasn’t defeated. It was defeated with fraud,” Petro wrote on X.
The Senate started discussions on a second version of the labor reform bill on May 11, and it is expected to come to a vote on June 16.
Facing the Senate’s prior rejections on his reforms and referendum, the Colombian president announced on national television on June 3 that he would instead issue a referendum on his version of the labor reforms by decree.
He also said he would only repeal his referendum decree if the Senate passes the labor reforms that he proposed, expressing discontent with the new version of the bill.
“The law is needed. ... I have no control over the Court ... but I ask you to join us in this beautiful task of rebuilding the Social Rule of Law and social equality ... and join us in our mission to be equal before the law,” he said in his speech.
The announcement sparked outrage among various political sectors, who have said that the measure exceeds Petro’s presidential powers and could be interpreted as an institutional coup d'état.
The Constitutional Court had previously ruled that the president cannot unilaterally call a referendum by decree without Senate approval.
Senate President Efraín José Cepeda Sarabia, a member of Columbia’s Conservative Party, rejected the decree for a referendum.
“The President of the Republic, Gustavo Petro, has undermined the institutional framework of the State, disregarded the Constitution and the law, and overruled two branches of government: the Legislative Branch, which denied this consultation, and the Judicial Branch, which was responsible for addressing any concerns the Executive Branch had,” he said.
Sen. Paloma Valencia of the major opposition party Democratic Center asked the Constitutional Court to provisionally suspend the decree calling for the referendum for being blatantly contrary to the Constitution, filed a petition for annulment before the Council of State, and filed a complaint with the Prosecutor’s Office against the Ministers for malfeasance—a crime committed when a public official issues a resolution or opinion contrary to the law.
In addition, Sen. María Fernanda Cabal of the Democratic Center Party announced that she has filed a petition for annulment of Petro’s decree based on unconstitutionality for “ignoring the will of the Senate, the separation of powers, and respect for the rule of law.”
The Freedom and Democracy Group, a political forum made up of former presidents and leaders from the region critical of populist left-wing governments in Latin America, rejected Petro’s decree, calling it “a serious institutional breakdown and a direct threat to democracy, the rule of law, and republican principles in Colombia.”
Former Vice President Marta Lucía Ramírez said in a video posted on her X account that the the decree is a violation of the constitution and the law.
