Law 12 of 1992
Official Gazette No. 40,520, of July 29, 1992
Through which the Protocol for the Conservation and Management of Marine and Coastal Protected Areas approved Southeast Pacific, signed in Paipa, Colombia, on September 21, 1989 Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the Protocol for the Conservation and Management of Marine and Coastal Protected Areas of the Southeast Pacific, signed in Paipa, Colombia, on 21 September 1989.
"PROTOCOL CONSERVATION AND MANAGEMENT
OF MARINE PROTECTED AREAS AND COASTAL SOUTHEAST PACIFIC "
The high contracting parties.
Recognizing the need to take appropriate measures to protect and preserve fragile, vulnerable or unique natural value ecosystems, and wildlife threatened by depletion and extinction;
Whereas common interest to seek management of coastal zones, rationally assessing the balance that must exist between conservation and development;
Whereas it is necessary to establish protected areas with special emphasis on parks, reserves, wildlife sanctuaries, and other categories of protected areas;
Bearing in mind that it is essential to regulate any activity that may cause adverse effects on the ecosystem, wildlife and their habitat, and
Bearing in mind the Convention for the Protection of the Environment and Coastal Area of the Southeast Pacific 1981
have agreed the following protocol.
ARTICLE I. SCOPE.
The scope of this Convention shall Southeast Pacific sea area within the maritime area of sovereignty and jurisdiction to 200 miles of the High Contracting Parties.
This Convention applies also, the entire continental shelf when it is extended by the High Contracting Parties beyond their 200 miles.
The coastal area, where ecologically manifest the interplay of land, sea and atmosphere shall be determined by each State Party in accordance with relevant technical and scientific criteria.
ARTICLE II. GENERAL OBLIGATIONS.
The High Contracting Parties undertake, individually or through bilateral or multilateral cooperation, to take appropriate measures in accordance with the provisions of this Protocol to protect and preserve fragile, vulnerable or unique natural or cultural value ecosystems, with particular emphasis on threatened flora and fauna of exhaustion and extinction, conducting studies aimed at reconstructing the environment or restocking wildlife when necessary.
To this end the High Contracting Parties shall establish areas under its protection, in the form of parks, reserves, sanctuaries wildlife or other categories of protected areas. In these areas an integral management will be established on the basis of studies and inventories of their resources with a view to sustainable development of them, prohibiting any activity that may cause adverse effects on the ecosystem, wildlife and their habitat.
ARTICLE III. INFORMATION ON PROTECTED AREAS.
The High Contracting Parties undertake to provide information through the Executive Secretariat of this Protocol regarding the designation of protected areas, specifying the relevant factors to be taken into account for this determination, such as the importance such areas from the scientific, ecological, economic, historical, archaeological, cultural, educational, tourism, and other aesthetic view.
The information provided by the High Contracting Parties shall refer to the effects it may have on the environment, coastal resources or value.
Each State Party shall, to the extent possible and before establishing its protected areas, exchange information on the matter, with other States Parties to the Protocol.
Each State Party shall inform the other, through the Executive Secretariat, of any changes made in the legal system or the delimitation of its protected areas.
The Executive Secretariat shall be kept a register of the information provided by States Parties on their protected areas, as well as regulatory measures taken for those areas. The Executive Secretariat shall transmit to the other Parties, timely, reports received.
ARTICLE IV. COMMON CRITERIA.
The High Contracting Parties shall adopt common criteria for the establishment of areas under their protection. To this effect, if deemed appropriate, they request jointly or individually, advice and cooperation of the competent international bodies.
Article V. REGULATION OF ACTIVITIES.
In protected areas, each High Contracting Party shall establish integrated environmental management within the following guidelines:
a) Establish a management of wildlife and flora, according to the own characteristics of protected areas;
B) prohibit activities relating to exploration and mining soil and subsoil of the protected area;
C) Regular all scientific, archaeological or tourism in that area;
D) shall regulate trade affecting the flora, fauna and their habitat in the protected area;
E) generally prohibit any activity that may cause adverse effects on species, ecosystems or biological processes protecting such areas, as well as their national character, scientific, ecological, economic, historical, cultural, archaeological or heritage tourist.
ARTICLE VI. BUFFER ZONES.
The High Contracting Parties shall establish, around protected areas, buffer zones where none exist, in which uses can be regulated in order to ensure compliance with the purposes of this Protocol.
ARTICLE VII. MEASURES TO PREVENT, REDUCE AND CONTROL POLLUTION OF PROTECTED AREAS.
The High Contracting Parties shall, individually or jointly, take all measures to prevent or reduce and control environmental degradation, including pollution in protected areas, from any source and activity, striving to harmonize their policies.
These measures include, inter alia, those designed to:
1. Prohibit the dumping of toxic, harmful or noxious especially those which are persistent substances from land-based sources including rivers, estuaries, pipelines and outfall structures, from the atmosphere, or through it.
2. Prevent, reduce and control the fullest possible extent:
a) The pollution from ships, including measures to prevent accidents and dealing with emergencies and prevent dumping, whether or not intentional;
B) The handling and transport of hazardous substances;
C) The introduction of exotic species of fauna and flora, including transplants, and
d) Other activities likely to cause environmental deterioration.
ARTICLE VIII. ENVIRONMENTAL IMPACT ASSESSMENT.
The High Contracting Parties shall assess the environmental impact of any action that may cause adverse effects on protected areas, establishing an integrated analysis procedure on the matter. They also exchange information on alternative activities or measures suggested, to avoid such effects.
ARTICLE IX. SCIENTIFIC RESEARCH, TECHNICAL, ENVIRONMENTAL EDUCATION AND COMMUNITY INVOLVEMENT.
The High Contracting Parties shall promote scientific and technical research, environmental education and community participation as the basis for the conservation and management of protected areas.
COOPERATION ARTICLE X. RULES.
The High Contracting Parties shall, through the Executive Secretariat of this Protocol, cooperate in the management and conservation of protected areas, the effect exchanging information on programs and research carried out on them, and the experience gained by each of these, particularly in the scientific, legal and administrative areas. The Executive Secretary may also request this information from universities and specialized institutions of the States Parties to this Protocol, through the Focal Points.
The High Contracting directly, or through the Executive Secretariat Parties will promote scientific and technical assistance programs, legal, educational and other measures for protected areas.
Such assistance shall include, among others:
i) Training of scientific and technical personnel;
Ii) Participation in the respective programs;
Iii) Provision of experts and equipment;
Iv) Provision of facilities and advisory services programs for research, monitoring, education, tourism and others;
V) Organization of a technical file specializing in each of the States Parties legislation;
Vi) Dissemination of specialized information on protected areas.
ARTICLE XI. ENVIRONMENTAL EDUCATION.
The High Contracting Parties shall promote environmental education and community participation in the conservation and management of protected areas.
ARTICLE XII. AUTHORITIES OF PROTECTED AREAS.
The High Contracting Parties undertake to provide, through the Executive Secretary, information on:
a) The organization and competent national authorities in the management of protected areas;
B) Research programs in protected areas.
ARTICLE XIII. COMPLIANCE AND SANCTIONS.
Each High Contracting Party undertakes to ensure compliance with the provisions of this Protocol and to take legal and administrative measures available to prevent or punish any activity that violates these provisions.
The High Contracting Parties shall inform the Executive Secretariat on measures taken to implement the provisions of the preceding paragraph.
ARTICLE XIV. MEETINGS OF THE HIGH CONTRACTING PARTIES.
The High Contracting Parties shall hold ordinary or extraordinary meetings at least every two years at any time, when two or more of them so request. These meetings shall be convened by the Executive Secretariat.
At regular meetings the High Contracting Parties shall take decisions as a result of the analysis, among others, the following:
a) The degree of compliance of this Protocol and the effectiveness of measures taken and the need to develop other kinds of activities in compliance with the objectives of this Protocol;
B) The need for amendments or reforms of this Protocol and whether to expand or modify the resolutions adopted thereunder;
C) The development of any other function which may assist to fulfill the purposes of this Protocol.
The High Contracting Parties shall enable the authorities responsible for protected areas participate as technical advisers, in their meetings.
ARTICLE XV. EXECUTIVE SECRETARY OF THE PROTOCOL.
For the purposes of administration and operation of this Protocol, the High Contracting Parties agree to designate the General Secretariat of the Permanent Commission of the South Pacific -CPPS-, as Executive Secretary of the same. The Parties shall, at its first meeting, discuss how and financing for the development of this feature by the Commission.
ARTICLE XVI. VALIDITY.
This Protocol shall enter into force 60 days after the deposit of the third instrument of ratification with the General Secretariat of the Permanent Commission of the South Pacific -CPPS-.
ARTICLE XVII. COMPLAINT.
This Protocol may be terminated by either of the High Contracting Parties two years after entry into force for the Party denouncing it.
Denunciation shall be effected by written notice to the Executive Secretary to communicate it forthwith to the High Contracting Parties.
The denunciation shall take effect 180 days after such notification.
ARTICLE XVIII. AMENDMENTS.
This Protocol may be amended only by unanimous vote of the High Contracting Parties. Amendments shall be subject to ratification and shall enter into force upon the deposit of the third instrument of ratification with the Executive Secretariat.
ARTICLE XIX. ACCESSION.
This Protocol shall be open to accession by any State bordering the South East Pacific (1). FOOTNOTE
(*) applies by extension Latin American states bordering the Eastern Pacific.
Accession shall be effected by the deposit of the relevant instrument with the Executive Secretariat, which will notify the High Contracting Parties.
This Protocol shall enter into force for the State acceding to it 60 days after the deposit of its instrument.
ARTICLE XX. RESERVATIONS.
This Protocol shall not accept reservations.
DONE in seven identical copies, one of which shall be deposited with the General Secretariat of the Permanent Commission of the South Pacific -CPPS-, all equally valid for the purposes of implementation and interpretation.
In witness whereof is signed in Paipa, Colombia, on the twenty (21) days of the month of September in 1989 (1989).
Doctor Doctor Ivan Arturo Galvez Estribi
Colombia Panama Ambassador Fernando Córdova Ambassador Javier Pulgar Vidal
Ecuador. Peru. Doctor Pedro Oyarce
Chile. HOUSE OF REPRESENTATIVES
GENERAL SECRETARIAT SECTION DEALING WITH LAWS
Bogota, DC, June 25, 1992. In plenary
date was approved the title and body of the project. HERNANDO RODRIGO
President Turbay Cote House of Representatives. Silverio
SALCEDO MOSQUERA Secretary General Chamber of Representatives
SIGNED THE HEAD OF THE DIVISION OF LEGAL AFFAIRS
MINISTRY OF FOREIGN AFFAIRS DECLARES
That this reproduction is faithful copy and integrity of the original text of the "Protocol for the Conservation and Management of Marine and Coastal Protected Southeast Pacific Areas" signed in Paipa, Colombia, on September 21, 1989, which lies in the archives of the GLD - section Treaties.
Given in Bogota, DE, three (3) days of October 1990 (1990).
ELVIRA FULVIA BENAVIDES COTES
Head of the Legal Affairs Division.
THE SIGNED HEAD OF DIVISION LEGAL AFFAIRS
MINISTRY OF FOREIGN AFFAIRS DECLARES
That this reproduction is true and complete copy of the original text of the "Protocol for the Conservation and Management Marine and Coastal Protected Areas of the Southeast Pacific ", signed in Paipa, Colombia, on September 21, 1989, which lies in the archives of the Legal Affairs Division -Section Treaties.
Given in Bogota, DE, ten (10) days of October 1990 (1990). ELVIRA FULVIA
BENAVIDES COTES Head of the Legal Affairs Division. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, 18 September 1990. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(. Signed) César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) Luis Fernando Jaramillo Correa CORREA
ARTICLE 1o. Approval of the Protocol for the Conservation and Management of Marine and Coastal Protected Areas of the Southeast Pacific, signed in Paipa, Colombia, on 21 September 1989.
. In accordance with the provisions of article 1. 7a Act. 1944 Protocol for the Conservation and Management of Marine and Coastal Protected Areas of the Southeast Pacific, signed in Paipa, Colombia, on 21 September 1989 that article 1. of this Act is approved, it will force the country from the date the international link is perfect.
ARTICLE 3. This Law governs from the date of publication.
1cDada in Bogota, DC, ...
The President of the Senate of the Republic CARLOS ESPINOSA
FACCIO-LYNX Secretary General of the Senate of the Republic,
GABRIEL GUTIERREZ MACÍAS
the Speaker of the House of Representatives, HERNANDO RODRIGO
The Secretary General of the House of Representatives, Silverio
Republic of Colombia - National Government.
Published and executed.
Bogota, DC, July 28, 1992.
César Gaviria Trujillo Vice Minister of Foreign Affairs, in charge of the functions of
Office of the Minister of Foreign Affairs, WILMA
The Minister of Agriculture,
Alfonso López Caballero.