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Colombian Court says US base accord unconstitutional

By Daniel Brody, Editorial Director

Tuesday, August 17, 2010

Colombia's constitutional court has declared an agreement between Colombia and the United States that gave the latter access to seven Colombian military bases to be unconstitutional on Tuesday.

The court invalidated the agreement on procedural grounds, saying that it needs to be submitted to congress for approval because it is a kind of international treaty.

The Colombia-U.S. military accord was carried out by the previous administration of President Alvaro Uribe last year, and was aimed at cooperative efforts to fight against drug trafficking and guerilla activity in Colombia.

The agreement had also raised tensions between Colombia and several other South American leaders, most notably Venezuelan president Hugo Chavez, who viewed the agreement as an infringement on Latin American sovereignty. Chavez has since said the agreement is Colombia's decision to make.

Uribe had maintained that the accord was merely an update of a previous agreement with the United States, and therefore not subject to congressional ratification.

However, a group of lawyers filed a complaint against the agreement in March, saying that it was signed by the president without congressional approval, and therefore in violation of constitutional law related to international treaties.

The court's chief justice Mauricio Gonazalez said that because the agreement requires new obligations on the part of the Colombian government, it must be considered as a treaty and receive congressional approval before it goes into effect.

For its part, the administration of current president Juan Manuel Santos said that it will comply with the court's decision, and seek to pass the agreement through constitutional means.



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