Attempts to regulate lobbying In Colombia, there have been multiple attempts, and since 1995, several legislators have introduced bills that have not been successfully processed by Congress. In particular, former Vice President Germán Vargas Lleras was the pioneer of this necessary regulatory proposal during his time in the legislature, through bill 055 of 1995. In this last legislative session, congressmen Andrés Felipe García (senator from the Party of the U) and Andrés David Calle (representative from the Liberal Party) introduced bill 015C/20 in the House of Representatives, the latest in a long list of more than ten proposals in 25 years. Will this be the definitive regulation?
Well, we cannot address the problem of the lack of regulation on this activity without understanding what it consists of lobbying or, in other words, lobbying. A first assumption is that the lobbying includes the relationship of companies with the state, but is not reduced to this single action. For public relations to be considered an exercise of lobbying, it is necessary that the lobbyist intend to convey the interests and will of their clients to public authorities and, consequently, to participate in the formulation of public policies.
Secondly, this is a political and technical activity: the ultimate goal is to persuade, through arguments and figures, about political decisions of the state apparatus. The latter are regulations, taxes, or restrictions on certain types of businesses, which must have the democratic participation of those affected or benefited. In fact, the lobbyist, or lobbyist, is a person who deeply understands a particular business ecosystem. Like legislators and Policy makers It's not necessary for them to know all the technical implications of a decision; this is where the lobbyist's work makes sense.
Now, the lobbying should not be confused with similar activities. For example, pressure groups such as NGOs or religious communities also represent legitimate interests before the state, but that is not their exclusive activity. Lobbyists are professionalized to provide their services to companies in a specific sector of the market, which they know very well, and which they support in other activities (such as communications). On other occasions, one speaks of a lobbying “public,” which is carried out by some State entities, or their heads, regarding decisions made in Congress. However, this latter activity does not fall within the category of lobbying.
The definition we are trying to approach is highlighted by the benefits that the lobbying Regarding political participation, enshrined in the Constitution and developed in some laws such as the Congress's regulations (Law 5 of 1992), which in its articles 230 to 232 establishes the mechanisms through which citizens can intervene in the study of bills (through observations and public hearings). However, our article began by questioning the problematically absent regulation of lobbying in Colombia.
The truth is that this work has remained in a sort of anonymity in a country where corruption is front-page news day after day. This combination is dangerous and is due, especially, to two situations: first, some of those who practice the trade adopt a shameful attitude and believe, for their part, that the lobbying it is an illegitimate economic activity; and second, some public officials see the state as an opportunity to profit and, when their decisions are so influential, they believe they have a window of opportunity to do business. In this latter part, responsibilities are distributed in both private and public spheres, as a lobbyist must negotiate with arguments and not with money.
What's the latest on regulation in Colombia?
This latter issue underlies our concern about the lack of clear rules of the game. In Colombia, the first project on this matter was, as previously stated, Bill 55 of 1995. This regulation classified the officials who could be contacted for the realization of lobbying, it created a lobbyists' registry and established sanctions and disqualifications for lobbyists who gave gifts to public officials. In general, these latter provisions have been a common denominator in the other projects.
Later, projects 44 of 1996 and 49 of 1999 replicated the content of this first initiative and were also introduced by Vargas Lleras, supported by his party members as rapporteurs (among whom is the current Foreign Minister Claudia Blum). The third initiative had a particularity that, if the procedure of the bill we have today were followed, should be taken into account. Bill 49 of 1999 reached the third debate in the first commission of the Chamber, where it was shelved because it was considered that, being a participation mechanism, it should be processed as an statutory law.
Henceforth, projects 171 of 2003, 46 of 2001, and 171 of 2003, all authored by Vargas Lleras and the latter with his reporting ponencia, added other elements to the discussion such as the professionalization of lobbyists, a portal on the internet for their registration, and fines for the lobbying firms. lobbying that they did not meet legal requirements. Not even bill 72 of 2003, at a time when Vargas Lleras himself was the President of the Senate, managed to be approved. Since then, other bills have been introduced by authors of different political leanings such as Ángel Custodio Cabrera, Simón Gaviria, Juan Manuel and Carlos Fernando Galán, David Luna, and Ati Quigua.
Comparative experience
In preparation for discussions in Congress, the experience of other countries is valuable input for lobbying regulation in Colombia. In some countries, like Mexico, there is no legal provision, but there are internal regulations. Specifically, the Senate's rules stipulate that parliamentarians and committees must submit periodic reports of their contacts with lobbyists and the firms they represent. On the other hand, Chile has been more successful in codifying its regulation into law, creating a lobbyist registry and establishing lobbying as a professional level. The case of the United States is pragmatic as it introduces the Lobbying Disclosure Act (LBA) in 1995, which includes a registry of lobbyists (defined by certain requirements) and the obligation to file two reports of their financial activities during the year.
It is beneficial for actors involved in public policy decisions that there be some regulatory framework, which can then be further detailed through regulations, to further elevate our profession. It is not beneficial for agents with hidden agendas and interests, such as politicians or former politicians who represent private interests while simultaneously having pursued a public career and who engage in all sorts of maneuvering, causing enormous damage to institutionalism and the reputation of this profession. We invite Congress, members of Congress, and the National Government to decisively move forward with the regulation of lobbying in Colombia.