The mechanisms of constitutional reform in and the legitimation of the peace agreements

Abstract

The Colombian state is about to close one of the worst chapters in its history: the war against FARC (Revolutionary Armed Forces of Colombia) that has lasted for more than five decades. After more than three years of discussions, the parties have settled on important agreements such as the de-escalation of the armed conflict and transitional justice mechanisms. It is thus time for the State to use constitutional and legal means to incorporate the agreements into the national legal system. President Juan Manuel Santos has called for a plebiscite as the means to legitimate the peace agreements. As a surprise to many, the plebiscite did not obtain the votes needed for its implementation, leaving it’s future in uncertainty. The government is now considering other alternatives, such as pass it through congress, call for an open council meeting and even call for a new plebiscite. The main aim of this article is to analyze the mechanisms of constitutional reform existing in the Colombian legal system to validate the Havana Talks. Some concepts, and constitutional and legal regulations will be studied and various mechanisms of citizen participation and constitutional reform will be contrasted that may help to achieve the government expectations with the peace process.