PLEBISCITOS POR LA PAZ Y DERECHOS FUNDAMENTALES EN COLOMBIA. UNA APROXIMACIÓN HISTÓRICA Y COMPARADA, 1957-2016

Abstract

This article analyzes the legal, political and historical nature of the plebiscite and its relationship with fundamental rights. The study has a comparative approach, of theoretical, conceptual and critical reflection on the plebiscite as a mechanism for legitimizing political power and, at the local level, on its connection with the search for peace. And he concludes that the comparison between the plebiscites of 1957 and 2016 is useful to show, on the one hand, that in Colombia the characteristic features of this mechanism in the universal history of the 20th century have also been revealed. That is, despite its foundation in direct democracy, due to the use that can be given to manipulate the popular will, the plebiscite can be useful for Bonapartist or Orléanist and presidential systems, as well as for interests contrary to republicanism and theories of democratic rights like those of Luigi Ferrajoli. On the other hand, in this country, with the lure of the end of violence as a background in both cases, while in 1957 the plebiscite was a complete success for its organizers (traditional political parties and military junta) who achieved overwhelming popular approval (with wide participation) of the exclusive political system called the National Front and one of the decisive factors of the armed conflict in the last century; In 2016, the real leader of the plebiscite was the then senator Álvaro Uribe, former president and head of the opposition to the government of Juan Manuel Santos, promoter of peace. Uribe thus obtained, with a weak victory of the No to the «Havana Agreements» and an abstention rate of more than 60%, a clear victory for his authoritarian and warmongering policy, a key approach to the electoral campaign that would lead his political party to the victory in the 2018 presidential elections and the consequent stagnation of peace objectives.