Through Which 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 Approved

Original Language Title: Por medio de la cual se aprueba el Protocolo para la Conservación y Administración de las Areas Marinas y Costeras Protegidas del Pacífico Sudeste, firmado en Paipa, Colombia, el 21 de septiembre de 1989

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LAW

(July 28)

Official Journal No. 40,520 of 29 July 1992

By means of which the Protocol for the Conservation and Management of the Marine and Coastal Areas Protected in the Southeast Pacific, signed in Paipa, Colombia, is approved on September 21, 1989.

THE CONGRESS OF COLOMBIA,

Having regard to the text of the Protocol for the Conservation and Administration of the Marine and Coastal Areas Protected in the Southeast Pacific, signed in Paipa, Colombia, on 21 September 1989.

" PROTOCOL FOR CONSERVATION AND ADMINISTRATION

OF MARINE AND COASTAL AREAS PROTECTED FROM THE SOUTHEAST PACIFIC "

The high contracting parties.

Recognising the need to take appropriate measures to protect and preserve fragile, vulnerable or unique natural value ecosystems, and the threatened fauna and flora by exhaustion and extinction;

Whereas it is in the common interest to seek the administration of coastal areas, rationally valuing the balance that must exist between conservation and development;

Whereas it is necessary to establish areas under protection with special emphasis on parks, reserves, fauna and flora sanctuaries, and other categories of protected areas;

Having present that it is imperative to regulate any activity that may cause adverse effects on the ecosystem, fauna and flora, as well as their habitat, and

Having presented the Convention for the Protection of the Environment and the Coastal Zone of the Southeast Pacific 1981,

The following protocol has been agreed.

ARTICLE I. APPLICATION SCOPE.

The scope of this Convention shall be the maritime area of the Southeast Pacific within the maritime area of sovereignty and jurisdiction up to 200 miles of the High Contracting Parties.

This Convention applies to the entire continental shelf when it is extended by the High Contracting Parties beyond its 200 miles.

The coastal zone, where the interaction of land, sea and atmosphere is ecologically manifested, shall be determined by each State Party, in accordance with the relevant technical and scientific criteria.

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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 ecosystems. fragile, vulnerable or of a unique natural or cultural value, with particular emphasis on the flora and fauna threatened with exhaustion and extinction, carrying out studies aimed at rebuilding the environment or repopulating fauna and flora in necessary cases.

For this purpose the High Contracting Parties shall establish areas under their protection in the form of parks, reserves, fauna and flora sanctuaries or other categories of protected areas. In these areas, integrated management will be established, based on studies and inventories of their resources, with a view to their sustained development, prohibiting any activity that could cause adverse effects on the ecosystem, fauna and flora as well as their habitat.

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ARTICLE III. INFORMATION ABOUT PROTECTED AREAS.

The High Contracting Parties undertake to provide information through the Executive Secretariat of this Protocol regarding the designation of protected areas, pointing out to the effect the factors that have been taken into account for this determination, such as the importance of such areas from the scientific, ecological, economic, historical, archaeological, cultural, educational, tourist, aesthetic and other areas.

The information provided by the High Contracting Parties shall refer to the effects it may have on the environment, coastal resources or their value.

Each State Party shall endeavour, as far as possible and before establishing its protected areas, to exchange information on the subject, with the other States Parties to the Protocol.

Each State Party shall inform the other States, through the Executive Secretariat, of any changes in the legal regime or the delimitation of its protected areas.

The Executive Secretariat should keep a register of the information provided by the States Parties regarding their protected areas, as well as the regulatory measures they adopt for these areas. The Executive Secretariat shall transmit to the other Parties, in due course, the reports received.

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ARTICLE IV. COMMON CRITERIA.

The High Contracting Parties shall adopt common criteria for the establishment of areas under their protection. For this purpose, if they consider it appropriate, they shall, as a whole or individually, request the advice and cooperation of the competent international bodies.

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ARTICLE V. REGULATION OF ACTIVITIES.

In protected areas, each High Contracting Party shall establish an integrated environmental management within the following guidelines:

a) Establish a management of the fauna and flora, according to the characteristics of the protected areas;

b) Prohibit activities related to the exploration and mining of the soil and subsoil of the protected area;

c) Regular all scientific, archaeological or tourist activity in that area;

d) Regular trade affecting fauna, flora and their habitat, in the protected area;

e) In general, prohibit any activity that may cause adverse effects on the species, ecosystems or biological processes that protect such areas, as well as on their character as national, scientific, ecological, economic, historical, cultural, archaeological or tourist.

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ARTICLE VI. BUFFER ZONES.

The High Contracting Parties shall establish, around protected areas, buffer zones where they do not exist, in which the uses may be regulated in order to ensure compliance with the purposes of this Protocol.

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ARTICLE VII. MEASURES TO PREVENT, REDUCE AND CONTROL POLLUTION OF PROTECTED AREAS.

The High Parties shall take, individually or jointly, all measures to prevent or reduce and control environmental deterioration, including pollution in protected areas, from any source and activity, to harmonise their policies.

Such measures shall include, inter alia, those intended for:

1. Prohibit the dumping of toxic, harmful or harmful substances, especially those of a persistent nature, from land sources including rivers, estuaries, pipes and drainage structures, from the atmosphere, or through it.

2. Prevent, reduce and control to the greatest extent possible:

(a) Pollution caused by ships, including measures to prevent accidents and to deal with emergencies and to prevent giddiness, whether intentional or unintentional;

b) The handling and transport of dangerous substances;

c) The introduction of species of exotic fauna and flora, including transplants, and

d) Other activities likely to cause environmental deterioration.

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ARTICLE VIII. ENVIRONMENTAL IMPACT ASSESSMENT.

The High Contracting Parties shall evaluate the environmental impact of any action that may result in adverse effects on the protected areas, establishing an integrated analysis procedure on the subject. They shall also exchange information on alternative activities or measures to be suggested in order to avoid such effects.

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ARTICLE IX. SCIENTIFIC, TECHNICAL, ENVIRONMENTAL EDUCATION AND COMMUNITY PARTICIPATION RESEARCH.

The High Contracting Parties shall promote scientific, technical, environmental education and community participation as a basis for the conservation and management of protected areas.

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ARTICLE X. COOPERATION RULES.

The High Contracting Parties shall endeavour, through the Executive Secretariat of this Protocol, to cooperate in the administration and conservation of protected areas, exchanging information on programs and research. (i) the development of the single market, and the experience gained in each of them, in particular in the scientific, legal and administrative fields. The Executive Secretary may also request this information from the universities and specialized entities of the States Parties to this Protocol, through the Focal Points.

The High Contracting Parties directly, or through the Executive Secretariat, will promote programs of scientific, technical, legal, educational and other assistance for protected areas.

This assistance will 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 for research, surveillance, education, tourism and other programmes;

v) Organization of a technical file of specialized legislation in each of the States Parties;

vi) Dissemination of specialized information about protected areas.

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ARTICLE XI. ENVIRONMENTAL EDUCATION.

The High Contracting Parties will foster environmental education and community participation in the conservation and management of protected areas.

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ARTICLE XII. PROTECTED AREA AUTHORITIES.

The High Contracting Parties undertake to provide, through the Executive Secretariat, information on:

(a) The national competent authority and authorities in the management of protected areas;

b) Research programs in protected areas.

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ARTICLE XIII. COMPLIANCE AND PENALTIES.

Each High Contracting Party undertakes to ensure compliance with the provisions of this Protocol and to take legal and administrative measures within its scope to prevent or punish any activity that violates these provisions.

The High Parties shall inform the Executive Secretariat of the measures taken to implement the provisions of the preceding paragraph.

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ARTICLE XIV. MEETINGS OF THE HIGH CONTRACTING PARTIES.

The High Contracting Parties shall hold regular meetings at least every two years or extraordinary at any time, when two or more of them so request. These meetings shall be convened by the Executive Secretariat.

In ordinary meetings the High Contracting Parties shall adopt resolutions as a result of the analysis, inter alia, of the following:

(a) The degree of compliance with this Protocol and the effectiveness of the measures taken, as well as the need to develop other activities in compliance with the objectives of this Protocol;

b) The need for amendments or amendments to this Protocol, as well as the desirability of extending or amending the resolutions adopted under it;

c) The development of any other function that may be of benefit to the fulfillment of the purposes of this Protocol.

The High Contracting Parties shall endeavour to integrate the authorities responsible for the protected areas as advisory technical entities into the meetings they hold.

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ARTICLE XV. PROTOCOL EXECUTIVE SECRETARY.

For the purposes of administration and operation of this Protocol, the High Contracting Parties agree to appoint the General Secretariat of the Permanent Commission of the South Pacific (CPPS) as the Executive Secretariat of the South Pacific. The Parties shall, at their first meeting, examine the form and financing for the development of this function by the Commission.

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ARTICLE XVI. VALIDITY.

This Protocol shall enter into force 60 days after the deposit of the third instrument of ratification at the General Secretariat of the South Pacific Permanent Commission -CPPS.

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ARTICLE XVII. COMPLAINT.

This Protocol may be denounced by any of the High Contracting Parties two years after it enters into force for the reporting Party.

The complaint shall be made by written notification to the Executive Secretariat which shall immediately communicate it to the High Contracting Parties.

The complaint will take effect within 180 days of the reported notification.

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ARTICLE XVIII. AMENDMENTS.

This Protocol may only be amended by unanimity of the High Contracting Parties. The amendments shall be subject to ratification and shall enter into force once the third instrument of ratification has been deposited with the Executive Secretariat.

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ARTICLE XIX. ADHESION.

This Protocol will be open to the accession of any of the Riberian States of the Southeast Pacific (1).

FOOTER:

(*) It applies by extension to the Latin American states bordering the Eastern Pacific.

Accession shall be made by the deposit of the respective instrument in the Executive Secretariat which shall communicate it to the High Contracting Parties.

This Protocol shall enter into force for the State acceding 60 days after the deposit of the respective instrument.

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ARTICLE XX. RESERVATIONS.

This Protocol shall not allow reservations.

Made in seven copies of the same tenor, one of which will be deposited with the General Secretariat of the Permanent Commission of the South Pacific (CPPS), all equally valid for the purposes of its application and interpretation.

In faith of which is signed in Paipa, Colombia, at twenty-one (21) days, from the month of September of a thousand nine hundred and eighty-nine (1989).

Doctor Arturo Galvez Doctor Ivan Estribi

Colombia Panama

Ambassador Fernando Cordova Ambassador Javier Pulgar Vidal

Ecuador.                                        Peru.

Doctor Pedro Oyarce

Chile.

CHAMBER OF REPRESENTATIVES GENERAL SECRETARIAT

LAW PROCESSING SECTION

Santafe de Bogota, D.C., June 25, 1992.

In plenary session of the date, the title and article of the project were approved.

RODRIGO HERNANDO TURDAY COTE

Speaker of the House.

SILVERIO SALCEDO MOSQUERA

Secretary General House of Representatives

THE HEAD OF THE DIVISION OF AFFAIRS

LEGAL OF THE MINISTRY OF FOREIGN AFFAIRS

NOTES:

That the present reproduction is a faithful and integral photocopy of the original text of the "Protocol for the Conservation and Management of the Marine and Coastal Areas Protected in the Southeast Pacific," signed in Paipa, Colombia, on September 21, 1989, which is based on the files of the Legal Affairs Division-Treaties-Section.

Dada in Bogotá, D.E., at three (3) days of the month of October of a thousand nine hundred and ninety (1990).

FULVIA ELVIRA BENAVIDES COTES

Head of the Legal Affairs Division.

THE HEAD OF THE DIVISION OF AFFAIRS

LEGAL OF THE MINISTRY OF FOREIGN AFFAIRS

NOTES:

That the present reproduction is a faithful and integral photocopy of the original text of the "Protocol for the Conservation and Management of the Marine and Coastal Areas Protected in the Southeast Pacific," signed in Paipa, Colombia, on September 21, 1989, which is based on the files of the Legal Affairs Division-Treaties-Section.

Dada in Bogotá, D.E., at ten (10) days of the month of October of a thousand nine hundred and ninety (1990).

FULVIA ELVIRA BENAVIDES COTES

Head of the Legal Affairs Division.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogota, 18 September 1990.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

(Fdo.) LUIS FERNANDO JARAMILLO CORREA

DECRETA:

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ARTICLE 1o. Approve the Protocol for the Conservation and Management of Marine and Coastal Areas Protected in the Southeast Pacific, signed in Paipa, Colombia, on September 21, 1989.

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ARTICLE 2o. In accordance with the provisions of Article 1 (1 of Law 7a. The Protocol for the Conservation and Management of the Marine and Coastal Areas Protected in the Southeast Pacific, signed in Paipa, Colombia, on September 21, 1989, was signed by article 1o. approves, will force the country from the date the international link is perfected.

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ARTICLE 3o. This Law governs from the date of its publication.

1cDada en Santafe de Bogota, D.C., a los ...

The President of the Senate of the Republic,

CARLOS ESPINOSA FACCIO-LYNX

The Secretary General of the Senate of the Republic,

GABRIEL GUTIERREZ MACIAS

The Speaker of the House of Representatives,

RODRIGO HERNANDO TURDAY COTE.

The Secretary General of the House of Representatives,

SILVERIO SALCEDO MOSQUERA.

Republic of Colombia-National Government.

Publish and execute.

Santafe de Bogota, D.C., July 28, 1992.

CESAR GAVIRIA TRUJILLO

The Deputy Foreign Minister, in charge of the functions of the

Office of the Minister of Foreign Affairs,

WILMA ZAFRA TURBAY.

The Minister of Agriculture,

ALFONSO LOPEZ CABALLERO.

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