Statement from the Ministry of Education on the election of the rector of the National University of Colombia
“Any maneuver for the possession of the designated rector of the National University, which is not respectful of the legality and validity of the established procedure, must be rejected”: Minister Aurora Vergara Figueroa
Updated: May 2, 2024
“Any maneuver for the possession of the designated rector of the National University, which is not respectful of the legality and validity of the established procedure, must be rejected”: Minister Aurora Vergara Figueroa
Bogotá DC, May 2, 2024. From the moment the vote was cast for the election of the rector of the National University of Colombia, within the framework of the Higher University Council (CSU) and, subsequently, during the drafting and consideration of the election and possession record, it was have presented various interpretations on the possibility that the possession of the designated person can be carried out even in the absence of the election and possession act.
The Ministry of National Education starts from a premise: the beginning, development and completion of the rector election process must be carried out in accordance with the existing statutes, which must be read in accordance with the constitutional principles and current regulations.
The statement that it is possible to validate the election record with the signature of only five of the eight members is not true. Validity cannot be given to a record that, in the opinion of this Ministry, does not fully and transparently record the discussions, records and meaning of the votes that took place within the framework of the election, as defined in article 20 of Agreement 019. of 2022.
The process of electing a rector is a complex exercise that not only develops the principle of university autonomy, but also implies a manifestation of the democratic base, where the will of the university community is consulted; as well as the academic and administrative qualities of the applicants, so the discussions that take place within the framework of the CSU within the framework of a democratic exercise, must be transparent and public for the university community, in particular, and for the country, in general.
For this reason, members of the CSU who do not find the debate or discussions reflected in the election and possession minutes may refrain from signing it until said document contains, for the sake of transparencyall the records that were made by the members of the Council during the vote, which includes those related to the change in methodology and the votes expressed by the councilors.
The time taken to sign the minutes has depended on the resistance of the General Secretariat of the university, without reasonable justifications, to incorporating the observations sent by the ministry, which it is insisted seek to honor the transparency that should guide this university.
Compliance with the regulations, as well as the formal requirements of the election, constitutes a guarantee of principles, which is why they cannot be considered simple means, susceptible to interpretation at the discretion of its members.
The Constitutional Court determined that the power of universities, if they give themselves their own regulations, must be exercised in accordance with the law, in development of article 69 of the Political Constitution, so they cannot be considered “insulas or loose wheels within the Colombian State. Much less the public ones, which as state entities – although autonomous – must collaborate harmoniously with the other organs of the State to achieve their state purposes, as peremptorily established by article 113 of the Political Constitution.” (Judgment T-1227 of 2003).
The procedures that allow the election of the rectory must be read in light of the constitutional and legal provisions, showing citizens, with transparencywhat happened in deliberations, consensus and dissent, not a simple majority rule.
The idea of appointing the appointee cannot be validated without compliance with all the requirements, since it involves the rupture, not only of the procedure, but of the democratic principle, the legality of the process and the validity of the act of election itself.
It has not been the intention of the Minister of Education to affect the institutionality of the National University of Colombia, but rather the opposite: to preserve it, honoring the principle of transparencywhich is one of the basic principles of this institution, as stated in its statute.
For the Ministry of Education there is no basis to carry out an alternative possession and, therefore, it rejects any attempt for it to be provided outside the current institutional legal channels.
Finally, the expiration of the term of the current rector does not affect the continuity of the university since in this case article 281 of the Political and Municipal Regime Code applies, which establishes that “no administrative employee will cease to function, even if his term has ended, but after [de] that the one who has been appointed for the purpose, or the respective substitute, appear to replace him.”
__
Follow the news of the educational sector on the networks of the Ministry of National Education. Visit us at @mineducacion (X, Facebook, YouTube and Linkedln), mineducacioncol (Instagram) and @mineducacioncolombia (TikTok).
(FIN)
“Any maneuver for the possession of the designated rector of the National University, which is not respectful of the legality and validity of the established procedure, must be rejected”: Minister Aurora Vergara Figueroa