Colombia’s ‘Ley Anticapuchos’ draws a necessary line between protest and vandalism
There is nothing particularly controversial about protecting the right to protest. Colombia’s Constitution does it. A democracy needs it. Governments should expect citizens to march, demonstrate, criticize and, when necessary, confront those in power. But there is an equally important principle: the right to protest cannot become a licence to destroy. That is the premise […]
Colombia’s “Ley Anticapuchos” bill aims to draw a clear line between protest and vandalism during public demonstrations. This proposed law, introduced by Congress representatives Jaime Arizabaleta and Julio César Triana, would make it a crime to conceal one’s identity during a demonstration to commit vandalism or other criminal activities.
Under the proposed legislation, violators could face prison sentences ranging from 54 to 96 months, or four-and-a-half to eight years, and fines between 50 and 200 monthly legal minimum wages. If explosives, improvised dangerous devices, corrosive substances, or other means capable of seriously injuring people or damaging property are used, the penalties could increase by two-thirds.
The bill emphasizes that wearing a hood or covering one’s face is not a crime, but using such concealment to facilitate vandalism or other criminal conduct is. Colombia has witnessed the consequences of blurring the line between protest and destruction. The 2021 Paro Nacional, a nationwide strike, resulted in violent confrontations, attacks on police facilities, destruction of property, and road blockades that disrupted essential services during a pandemic.
The proposed law aims to protect peaceful protesters by ensuring accountability for those who use anonymity to evade responsibility. While the challenge for Congress will be to draft the legislation precisely enough to withstand constitutional scrutiny, the bill ultimately seeks to strengthen Colombia’s criminal code without undermining the right to peaceful protest.
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