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1992 ACT 20
(October 23)
Official Journal No. 40,640 of 26 October 1992
By means of which the Organization of the Andrés Bello Convention of Educational, Scientific, Technological and Cultural Integration, signed in Madrid on November 27, 1990, is approved.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Organization of the Andrés Bello Convention on Educational, Technological and Cultural Integration", signed in Madrid on 27 November 1990, which reads:
" PREAMBLE
HIGH CONTRACTING PARTIES
Aware that Education, Culture, Science and Technology are essential instruments for the integral development of countries, which lead to a better level and quality of life for their peoples;
Convinced that this development must be promoted within the framework of a common search for peace, freedom, justice and solidarity among peoples;
Encouraged by the desire to strengthen and promote the relations of countries through actions that involve a true integration of their efforts and capabilities; and,
Moved by the certainty that such integration can be strengthened by the accession of States that so wish, particularly in the field of education, science, technology and culture;
They express their willingness to sign a new Andrés Bello Convention on Educational, Scientific, Technological and Cultural Integration, which will replace the Convention signed in Bogota on 31 January 1970, in order to expand and strengthen the process of dynamic integration, support development and improve the material and spiritual well-being of the peoples.
Agree:
CHAPTER FIRST
Denomination and objectives.
ARTICLE 1o. The Organization of the Andrés Bello Convention of Educational, Scientific, Technological and Cultural Integration is created, so called in tribute and recognition to the work of the American humanist Andres Bello.
ARTICLE 2o. The purpose of the Organization is the educational, scientific, technological and cultural integration of the Member States, for which they undertake to make their efforts in the international arena in order to:
a) To stimulate mutual knowledge and fraternity between them.
b) Contribute to the achievement of an adequate balance in the process of educational, scientific, technological and cultural development.
c) Make joint efforts in favor of education, science, technology, and culture to achieve the integral development of their nations; and,
d) Apply science and technology to raising the standard of living of their peoples.
ARTICLE 3o. To achieve the above purposes, the Organization will promote, among others, the following actions:
a) Formulate and execute integrated plans, programs, projects, and activities;
b) Encourage joint development projects, which contribute to improving productivity in the areas of the organization;
c) Develop cooperative relations with other countries and with national and international, governmental and non-governmental organizations;
d) Formulate and submit draft agreements on the protection and defense of cultural heritage, taking into account international conventions on the subject;
e) Encourage the granting of reciprocal scholarships;
(f) Support, in conditions of reciprocity, the establishment of quotas for students from the Member States to enter or continue their studies in higher education establishments;
g) Unifying criteria for recognizing levels of knowledge and/or skills in trades acquired outside formal education, by nationals of any of the Member States;
h) Promoting the dissemination of the culture of the Member States and advances in education, science and technology, through the press, radio, television, film and other social media;
i) Incentivize the publication and dissemination of its literary and scientific values among Member States.
ARTICLE 4. Member States shall recognize primary or basic general education and secondary or secondary education, by means of equivalence tables that permit the continuity of the same or the obtaining certificates for courses, levels, modes, or grades approved in any of those.
ARTICLE 5o. Member States shall recognize the diplomas, degrees or degrees of academic and professional studies awarded by institutions of higher education of each of them, to the individual effects of entry to post-degree studies (Specialization, Magister and Doctorate). The latter do not imply the right to professional exercise in the country where they are performed.
ARTICLE 6o. Member States will present specific programmatic lines that will judge priorities for each of the organization's areas of competence.
Based on them, the Organization will formulate the projects of Education, Science and Technology and Culture that contemplate, among its activities, exchange of technical assistance, internships, seminars, training workshops and exchange of experts, in order to contribute to strengthening integration.
ARTICLE 7o. Member States will organize meetings and cooperation programs for the timely exchange of information on topics of interest to these.
ARTICLE 8. Member States will stimulate the development of multinational research, experimentation, innovation and technology transfer programs in the fields of education, science and culture.
CHAPTER SECOND
Legal nature and structure.
ARTICLE 9o. The Organization shall have international legal personality and in this regard shall enjoy full capacity in the exercise of its functions for the achievement of its purposes, and in particular may:
a) Celebrate agreements with States and International Organizations;
b) Acquire, lease and dispose of goods and services and in general celebrate all types of acts and contracts;
c) Be a part in legal processes and start legal procedures.
ARTICLE 10. The organs that make up the Andrés Bello Convention Organization are as follows:
-The Meeting of Ministers.
-The Executive Secretariat.
-The Technical Education, Science and Technology and Culture Commissions.
ARTICLE 11. The highest authority of the Organization is the Meeting of Ministers of Education of the Member States, to which it corresponds:
a) Set the Organization's overall policy;
b) Study and propose amendments to this Convention;
c) Approve statutory and regulatory rules, in all matters of their competence;
d) Create, modify or delete, in accordance with their needs, specialized entities, defining their fields of action and approving their statutes;
e) Name the Executive Authorities of the Organization;
f) Analyze and approve the Organization's Program-Budget;
g) Authorize the Subscription of Headquarters Agreements with Member States;
h) Delimit the functions of the organs of the Organization and delegate their own functions as it deems appropriate;
i) Exercise the other privileges assigned to you by this Convention, the Statutes or the Regulations, as appropriate.
ARTICLE 12. The Meeting of Ministers shall be made up of the holders of the Education Portfolio of the Member States or their duly accredited representatives.
ARTICLE 13. The Meeting of Ministers will meet in ordinary session every two (2) years and in extraordinary session at the request of the President of the last Ordinary Meeting, or by a call of three of its members. The headquarters of the next Meeting will be agreed upon during the last Ordinary Meeting.
ARTICLE 14. The approval or decision-making in matters that compete with the Meeting of Ministers, will require a favorable vote of half plus one of the total of its members.
ARTICLE 15. The Executive Branch of the Organization is the Executive Secretariat, and its holder is the legal representative of the Organization.
These are the functions of the Executive Secretariat:
a) Run Organization policies;
b) Preparing the Meeting of Ministers;
c) Comply and enforce the resolutions and other agreements of the Meeting of Ministers;
d) Manage the Organization Financing Fund;
e) Preparing the Organization's Program-Budget proposal;
f) Coordinate the activities of specialized organs and entities;
g) Maintaining the Organization's relations with third countries and national and international organizations;
h) Other functions to be determined by the Meeting of Ministers.
ARTICLE 16. The Main Advisory Commission will be the Auxiliary Body of the Meeting of Ministers of Education, will report the agenda and proposals that will be raised to the Meeting and will evaluate, periodically, the compliance with their decisions. This Commission shall be composed of the National Secretaries or the representative that the Minister of Education of each country designates.
ARTICLE 17. The Organization will have Technical Commissions for Education, Science and Technology and Culture, whose objective will be to formulate or evaluate the preliminary programming projects in the respective area, which will be submitted by the Executive Secretariat to the Meeting of Ministers for approval, after consideration by the Principal Advisory Committee. The Technical Commissions shall be composed of a specialist from each Member State, in each of the areas mentioned.
ARTICLE 18. In each of the Member States, a National Secretariat will operate, in charge of all matters related to the Organization.
Each Member State may, in accordance with its internal rules, create other national bodies to support the activities of the Organization, in coordination with the National Secretaries.
ARTICLE 19. The Organization may have specialized entities, which shall have the objective of contributing to the achievement of the purposes of its statutes and other functions to be established by the Meeting of Ministers.
These entities will maintain links of subordination and coordination with the Organization's organs through its Executive Secretariat.
ARTICLE 20. To the specialized entities mentioned in the previous article, they will be recognized autonomy in terms of their headquarters, members, finances and admnistration in accordance with the established literal (d) of Article 11.
The host country of each of these entities shall ensure the facilities necessary for its operation, in accordance with its domestic law.
THIRD CHAPTER
Funding Fund.
ARTICLE 21. The Financing Fund is made up of contributions from the Member States. The interest and other returns it produces shall support the financing of joint projects and activities.
ARTICLE 22. The Fund may be renewed and increased with extraordinary fees on the amount and with the periodicity to be agreed upon by the Meeting of Ministers.
ARTICLE 23. Member States retain ownership over the nominal value of their contributions and cannot withdraw them as long as they are part of the Organization.
ARTICLE 24. The availability of interest and other income from the Fund does not exempt countries that are the Headquarters of the Organization or of the Specialized Entities, to assume the financing of local expenditures. which requires the operation of the same.
CHAPTER FOURTH
Privileges and immunities.
ARTICLE 25. The Organization shall enjoy, in the territory of each of the Member States, the privileges and immunities necessary for the exercise of its functions and for the achievement of its objectives.
The representatives of the Member States, the Executive Secretary and the staff of the Executive Secretariat and the other Bodies shall enjoy the privileges and immunities necessary to carry out, independently, the functions related to the Organization.
The privileges and immunities mentioned in the preceding paragraphs shall be:
(a) In the territory of any State Member of the Convention on the prerogatives and immunities of the Specialized Agencies of the United Nations, as defined in the clauses of that Convention;
(b) In the territory of the Member States that are not a party to the said Convention, those defined in the Agreement Headquarters or other instruments concluded for that purpose with the Organization.
CHAPTER QUINTO
Dispute resolution.
ARTICLE 26. Disputes on the interpretation or application of this Convention that cannot be resolved by direct diplomatic negotiations between the parties involved shall be subject to their solution, to the Meeting of Ministers.
If the dispute is not resolved within this body, it will be submitted, with the consent of the parties involved, to any of the mechanisms provided for by international law for the peaceful resolution of disputes.
CHAPTER SIXTH
Final provisions.
ARTICLE 27. This Convention may not be subject to reservations at the time of signature of ratification or accession.
ARTICLE 28. Any Contracting Party may denounce this Convention, by means of written notification to the Depositary, which shall take effect one year after the date of receipt thereof.
ARTICLE 29. The Government of the Republic of Colombia will assume the functions of Depositary. Accordingly, it shall keep the original text of the Convention and send a certified copy thereof to the signatories and to the Parties. It shall also assume all functions recognized by International Law Depositary of international conventions.
ARTICLE 30. This Convention is subject to ratification by the Signatory Countries.
ARTICLE 31. This Convention shall enter into force on the 30th day after the date of deposit of the fifth instrument of ratification. For the other signatories it will enter into force on the date of the deposit of the respective ratification document.
ARTICLE 32. After its entry into force, this Convention shall be open to the accession of other countries, as full members or observers, in accordance with the procedures and in the conditions to be pointed out by the Education Ministers ' Meeting, by regulation.
ARTICLE 33. The provisions of this Convention shall not affect the rights and obligations resulting from conventions entered into by any of the countries prior to its entry into force.
ARTICLE 34. The Andrés Bello Convention on Educational, Scientific and Cultural Integration of the Countries of the Andean Region, signed on January 31, 1970, will be repealed with the entry into force of this Convention, automatically passing to the Organization all goods, rights and obligations acquired under that Organization.
ARTICLE 35. The amendments to be agreed to this Convention, as set out in the literal (b) of Article 11 thereof, for entry into force, shall be subject to the the procedure referred to in Article 31 of the Convention.
CHAPTER SEVENTH
Transitional provisions.
ARTICLE 36. The Member States of the Andrés Bello Convention on Educational, Scientific and Cultural Integration of the Countries of the Andean Region, signed in the city of Bogotá on January 31, 1970, who do not subscribe or do not ratify this Agreement within six months of its entry into force, shall lose all the rights acquired during the term of the previous Convention, but shall comply with the commitments remaining in the virtue of it.
ARTICLE 37. All the provisions approved by the Meeting of Ministers of Education of the 1970 Andrés Bello Convention will remain in force even after the entry into force of this Convention, in contradict and until modified.
ARTICLE 38. To the Signatory Countries that ratify this Convention after its entry into force, all provisions that have been approved by the Organs of the Organization.
Made in the city of Madrid, in an original, at the 27 days of the month of November of a thousand nine hundred and ninety.
By the Government of the Republic of Bolivia, Mariano Baptista Gumucio, Minister of Education and Culture; by the Government of the Republic of Colombia, Alfonso Valdivieso Sarmiento, Minister of National Education; by the Government of the Republic of Chile, Raul Allard Neumann, Undersecretary of Public Education; by the Government of the Republic of Ecuador, Alfredo Valdivieso Gangotena, Ambassador of the Republic of Ecuador in Spain; by the Kingdom of Spain, Javier Solana Madariaga, Minister of Education and Science; by the Government of the Republic of Panama, Laurentino Gudino Bazan, Deputy Minister of Education; by the Government of the Republic of Peru, Gloria Helfer Palacios, Minister of State at the Office of Education; by the Government of the Republic of Venezuela, Gustavo Rossen, Minister of Education.
The undersigned Deputy Secretary 044 Grade 11 of the Legal Undersecretary of the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is a faithful and integral photocopy of the original text of the "Organization of the Andrés Bello Convention of Educational, Scientific, Technological and Cultural Integration", made in Madrid on November 27, 1990, which rests on the Archives of the Legal Secretariat of the Ministry of Foreign Affairs.
Dada en Santafe de Bogota, D.C., at twenty-two (22) days of the month of November of a thousand nine hundred and ninety-one (1991).
Clara Ines Vargas de Losada
Legal Under-secretary.
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EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Santafe de Bogota, D.C., December 19, 1991.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
CESAR GAVIRIA TRUJILLO
The Foreign Minister,
NOEMI SANIN DE RUBIO.
DECRETA:
ARTICLE 1o. Approve the "Organization of the Andrés Bello Convention of Educational, Scientific, Technological and Cultural Integration", signed in Madrid on November 27, 1990.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Organization of the Andrés Bello Convention on Educational, Scientific, Technological and Cultural Integration", signed in Madrid on November 27, 1990, which is approved by the first article of this Law, will force the country from the date of to refine the international link.
ARTICLE 3o. This Law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JOSE BLACKBURN CUTS
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CESAR PEREZ GARCIA
The Secretary General of the honorable House of Representatives,
SILVERIO SALCEDO MOSQUERA.
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Republic of Colombia-National Government.
Publish and execute.
Dada en Santafe de Bogota, D.C., at 28 October 1992.
CESAR GAVIRIA TRUJILLO
The Deputy Minister of Foreign Affairs, in charge of the functions of the
Office of the Minister of Foreign Affairs,
WILMA ZAFRA TURBAY
The Minister of National Education,
CARLOS HOLMES TRUJILLO GARCIA
