[Politics] Verónica Alcocer's travels: can she represent Colombia abroad?

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The trips of Verónica Alcocer, the first lady of Colombia, have caused controversy in the country. Various sectors have questioned the figure of 'ambassador on special mission' that was designated by a decree signed by Foreign Minister Álvaro Leyva on September 14.

(In context: Verónica Alcocer: controversial decree appointing her ambassador on a special mission)

This indicates that between September 17 and 30, Gustavo Petro's wife was going to be ambassador on a special mission to attend the funeral of Queen Elizabeth II, in London; the UN assembly, in the United States, and the funeral of assassinated Prime Minister Shinzo Abe, in Japan.

(Also read: The controversy over the travel and per diem of the first lady)

The foreign agenda of the first lady, Verónica Alcocer
One day before the date established by the decree, on September 16, the first lady was in Oslo (Norway). In that case, her trip was, she said, an invitation made to her by the NGO Caritas, a confederation of charitable and social action entities of the Catholic Church.

"Thank you, Cáritas Norway and Martha Rubiano, for the invitation and the technical work program that you have offered us to get to know a country in which class and gender equality are a world reference. As well as the work that they carry out in Colombia, to through the social ministry Caritas Colombiana".

The next stop was in London (England). The Foreign Ministry confirmed that both she and the Minister of Foreign Affairs, Álvaro Leyva, traveled to attend the funeral of Queen Elizabeth II, which took place on Monday, September 19.

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Later, Alcocer accompanied President Petro on his trip to the United States, specifically to New York City, where he made his first speech as head of state before the UN plenary session on September 20.

Finally, Alcocer attended the state funeral of the murdered Prime Minister of Japan, Shinzo Abe, on September 27.

In her social networks, in which she usually documents part of her trips to other countries, the first lady wrote: "I thank the First Lady of Japan, Yuko Kishida, for her invitation to meet us at her home. We talked about the difficulties of women , reconciling family and professional life, inequalities, violence, as well as the importance of creating alliances and strengthening women's networks around the world. We call for a reunion, let's hope so".

(You can read: What functions does the first lady fulfill in Colombia?)

What do the rules say about the figure of the first lady?
The first thing to keep in mind is that this role is not an elective position, nor does it have official duties or remuneration.

Concept 059711 of 2020 of the Administrative Department of Public Function states that "the first lady as a social manager does not hold a public position, nor does she have the quality of a public servant; therefore, she may only carry out the public attributions that the law specifically confers on her , by virtue of the provisions of article 210 of the Charter, that is, activities that normally correspond to him as the spouse of the President of the Republic, Mayor or Governor; such as collaborating in the performance of protocol tasks, or having initiative in matters of social assistance, or in public charity work".

Can you then represent the country abroad? Rosario University professor Mauricio Jaramillo explains that initially it must be taken into account that the Constitution establishes that the only ones in charge of foreign relations are the President or the Chancellor.

"It may happen that in the case of the first lady, in this case Verónica Alcocer, she is given certain powers that do not have constitutional status. That she travels to an event does not necessarily mean that she is supplanting Álvaro Leyva," he explains. the.

From his perspective, what is happening can become objectionable if it becomes systematic or if decrees for it begin to be issued repeatedly.

(Also: Verónica Alcocer, the explosive wife of Gustavo Petro, in an interview)

What is the figure of 'ambassador on special mission'?
Precisely, regarding the decree that designated her as 'ambassador on special mission' for the aforementioned period, public opinion has questioned whether the President is empowered to appoint individuals (the first lady) or public employees on missions to other States.

This is a debate that had already taken place a few years ago, when the president was Juan Manuel Santos.

A concept from 2017 of the Administrative Department of the Civil Service that responded to this concern explains that in these cases the head of state, as stated in the Constitution in its article 189, can "designate both his diplomatic agents and specialized personnel when it is necessary. convenient and necessary for the conduct of foreign policy".

It also says that the President, "by executive decree, may designate people to provide specialized services to missions abroad."

The figure of ambassador on a special mission, they state, is "regulated by the 1969 Convention on Special Missions, an international instrument that was approved by Colombia through Law 824 of 2003."

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The definition of this figure indicates that a special mission "means a temporary mission, which is representative of the State, sent by a State to another State with the consent of the latter to deal with certain matters."

Taking into account the foregoing, the concept concludes that it considers "viable for the President to designate as an extraordinary ambassador on a special mission a trusted individual to provide specialized services in missions abroad, since he is his direct agent abroad in the specific field of the assigned special mission and under precise instructions of the President".

Now, for example, Senator María Fernanda Cabal questioned whether President Petro could be "overriding the Constitution" by pointing to Article 126, which says that "public servants may not appoint as employees people with whom they are related. (...) or with whom they are linked by marriage".

In this sense, the concept of Public Function explains that the people designated in special missions "do not have the quality of public servants, public employees or contractors." Thus, they say, the first lady would not be disqualified, because "with this designation, she is not appointing or applying for public office, nor is she hiring."

This figure had already been used in the past. As reported by the Casa de Nariño, former first lady Lina María Uribe was appointed five times; former first lady María Clemencia Rodríguez de Santos, ten times; and former first lady María Juliana Ruiz, 11 times.

https://www.eltiempo.com/politica/gobierno/veronica-alcocer-y-sus-viajes-puede-representar-a-colombia-en-el-exterior-704711