For Which Special Rules For The Organization And Operation Of The Department Archipelago Of San Andres, Providencia And Santa Catalina Are Held

Original Language Title: Por la cual se dictan normas especiales para la organización y el funcionamiento del Departamento Archipiélago de San Andrés, Providencia y Santa Catalina

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47 OF 1993

(February 19)

Official Journal No. 40,763 of 19 February 1993

For which special rules are issued for the organization and operation of the Archipelago Department of San Andrés, Providencia and Santa Catalina.

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

GENERAL PROVISIONS

ARTICLE 1o. Law is intended to provide the Archipelago Department of San Andrés, Providencia and Santa Catalina with a special status that will allow it to be developed within the framework set by the Constitution, in consideration of its conditions. geographic, cultural, social, and economic.

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ARTICLE 2o. Nature. The Archipelago Department of San Andrés, Providencia and Santa Catalina, is a territorial entity created by the Constitution and as such, enjoys autonomy for the management of its interests within the limits of the Constitution and the Law; with the right to govern itself by its own authorities; exercise the corresponding powers; participate in national income; manage its resources and establish the taxes necessary for the performance of its functions.

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ARTICLE 3o. CONFORMATION OF THE TERRITORY. The territory of the Archipelago Department of San Andrés, Providencia and Santa Catalina, will be constituted by the Islands of San Andrés, Providencia and Santa Catalina, Cayos Alburqueque, East Southeast, Roncador, Serrana, Quitasueno, Bajo Nuevo, Banks of Serranilla and Alicia and other islands, islets, cays, blackberries, banks and reefs that configure the old Special Intrend of St. Andrew and Providence.

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ARTICLE 4. FUNTIONS. The functions of the Archipelago Department of San Andrés, Providencia and Santa Catalina will be as follows:

a) As a territorial entity: to exercise in accordance with the principles of coordination; concurrence and subsidiarity the competences attributed to the territorial entities and in particular to the Archipelago Department of San Andrés, Providencia and Santa Catherine;

b) As a Department: to exercise autonomously the administration of the sectional affairs, the planning and promotion of economic and social development within its territory; as well as the functions of coordination complementarity of the municipal action, of intermediation between the Nation and the Municipality and of the provision of services that determine the Constitution and the Laws;

c) As a free trade area: Exercise management, coordination, control and regulation of the income and outflow of goods imported into the territory of the Department, in accordance with the law, without prejudice to the Law assigns to the Directorate-General of Customs and in accordance with the conventions referred to in Article 18 of this Law;

d) Exercise the special functions that, in administrative matters of immigration, control of population density, regulation of land use, disposal of real estate, environmental preservation, fiscal control, foreign trade, changes, financial and economic promotion, establish the law;

e) Participate in the elaboration and coordination of the implementation of national plans and programs for economic and social development, public works and the adequacy of the tourism and financial infrastructure, which is related to the department;

f) Adopt in accordance with the Law the plans and programs of economic and social development, public works and adequacy of the financial infrastructure of the department;

(g) to bring forward directly with the neighbouring territorial authorities of neighbouring countries of the same level, cooperation and integration programmes, aimed at promoting Community development, including trade and the preservation of the environment;

h) Adopt and develop the necessary measures for the conservation and preservation of the department's natural resources and environment;

i) Fulfilling functions of regulation, administration, coordination and control of tourism that is developed in the territory of the department, by the modernization of the tourist infrastructure;

j) Achieve the conservation and promotion of native culture by means of the creation and execution of provisions aimed at the protection of the cultural, tangible and intangible heritage of the department;

k) Exercise administrative, coordinating and complementary functions of municipal action;

l) Fulfill the other functions and provide the services that you will point to the Constitution and the Law.

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ARTICLE 5o. SPECIAL DEPARTMENTAL REGIME. The Archipelago Department of San Andrés, Providencia and Santa Catalina will be subject to the special regime that, in administrative matters, control the population density, regulation of land use, disposal of immovable property, the preservation of the environment, immigration, taxation, foreign trade, changes, financial and economic promotion, the determination of this and the other laws.

CHAPTER II.

HERITAGE

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ARTICLE 6o. HERITAGE. The heritage of the Archipelago Department of San Andrés, Providencia and Santa Catalina will be integrated by:

(a) The movable and immovable property, the rights and obligations that were part of the patrimony of the Special Intrend of Saint Andrew and Providence;

b) The goods, income and income set out in the Constitution and the Law for the departments;

c) The income, transfers and income established in the Constitution and the Law for the municipalities, while the Departmental Assembly decides on its creation on the island of San Andrés, without prejudice to those assigned to the Municipality of Providencia;

d) The income and contributions to be made by the developing ordinances of the legal provisions;

e) Contributions and transfers that are included in the National Budget in favor of the Archipelago Department;

f) The income and contributions to be established in a special way for the Archipelago Department of San Andrés, Providencia and Santa Catalina;

g) The national income of specific destination assigned to the Special Intrend of St. Andrew and Providence by, previous laws, under the development of article 359, number three of the Constitution Policy;

(h) movable and immovable property acquired in accordance with the law;

i) Other income that is assigned to you by law.

CHAPTER III.

DEPARTMENTAL REGIME

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ARTICLE 7o. DEPARTMENTAL ADMINISTRATION INTEGRATION. The department's administration will be exercised by the Departmental Assembly and the Department's Government.

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ARTICLE 8o. EXERCISE OF MUNICIPAL FUNCTIONS. The Departmental Administration of the Archipelago of San Andrés, Providencia and Santa Catalina, through the Governor and the Departmental Assembly, shall exercise the functions referred to in Article 4or. of this Law and also those of the municipalities, while these are not created in the Island of San Andrés, in development of the constitutional principle of subsidiarity.

The exercise of the functions of this article shall be carried out until the creation of the municipalities to which it has taken place; within the territory of the Island of San Andrés and in strict compliance with the relevant legal provisions.

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ARTICLE 9o. DEPARTMENTAL ASSEMBLY. The Departmental Assembly is an administrative corporation of popular choice within the Archipelago Department of San Andrés, Providencia and Santa Catalina.

The National Electoral Council, prior to the concept of the Commission of Territorial Ordering, will determine circles for the election of the Deputies of the Departmental Assembly, guaranteeing the representation of the communities of North End, La Loma, St. Louis, Providence and St. Catherine, in development of the provisions of article 299 of the Political Constitution.

PARAGRAFO. The fees of the deputies of the Departmental Assembly, their regime of incompatibility and inabilities as well as the session will be determined by law.

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ARTICLE 10. DEPARTMENTAL ASSEMBLY FUNCTIONS. They are the functions of the Departmental Assembly, in addition to those established by article 300 of the Political Constitution and the general laws for the departments, the following:

(a) Reglamenting the special provisions that for the department, in administrative matters, of immigration, of control of the population density, of regulation of the use of the soil, of disposal of real estate, of preservation of the environment Economic and environmental promotion, as determined by law;

(b) Reglamenting the provisions in the tax, foreign trade, changes and financial matters to determine the law, without prejudice to the powers that the Constitution and other legal provisions determine in this field;

c) Exorder the provisions related to the implementation of economic and social development plans and programmes, public works and the adequacy of the department's financial infrastructure;

d) Exorder the provisions related to the conservation and preservation of natural resources and the environment of the department;

e) Exorder provisions to achieve the modernization of the department's tourism infrastructure;

f) Dictate rules related to the protection of the cultural, tangible and intangible heritage of the department;

g) Others to set the Constitution and laws.

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ARTICLE 11. SPECIAL FUNCTION. It is the special function of the Departmental Assembly to formulate and regulate the measures necessary to meet the following objectives:

a) The adequacy of the departmental administrative system according to new departmental needs;

b) The efficient provision of public energy, aqueduct, sewer and telecommunications services;

c) Implementation of programs for the modernization of social services in education, housing, health and recreation.

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ARTICLE 12. THE GOVERNOR. Is the head of the sectional administration, legal representative of the department and agent of the President of the Republic for the maintenance of public order, for the execution of the general economic policy and for the matters that agree to the Nation with the department by means of conventions.

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ARTICLE 13. PRIVILEGES OF THE GOVERNOR. They are the privileges of the Governor, in addition to those laid down in Article 305 of the Political Constitution and the other rules governing the regime. departmental, the following:

(a) To submit to the Departmental Assembly the draft ordinance for the development of the special provisions that, in administrative matters, of immigration, of control of population density, of regulation of the use of the land, the disposal of immovable property, the preservation of the environment and economic promotion, establish the law;

b) To submit to the Departmental Assembly in due time draft ordinances for the development of the provisions in the tax, foreign trade, exchange and financial matters to determine the law, without prejudice to the powers which, in this matter, they assign the Political Constitution and the other legal provisions;

c) To present to the Departmental Assembly the draft ordinance related to the implementation of plans and programs for economic and social development, public works and the adequacy of the financial infrastructure of the department;

d) Encourage and implement measures to achieve conservation and preservation of the department's natural resources and environment;

e) To present to the Departmental Assembly the draft ordinance aimed at the modernization of the tourism infrastructure of the department;

f) Propender for the protection of native and root culture, their language, their development, conservation, dissemination and preservation;

g) The others assigned to you by the Constitution and laws.

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ARTICLE 14. ELECTION OF THE GOVERNOR. To be elected Governor of the Archipelago Department of San Andrés, Providencia and Santa Catalina, it is required, in addition to those determined by law, to have been born in the territory of the department or to be a resident of the the department in accordance with its population density control standards and having its registered office for more than ten (10) years completed prior to the date of election.

Your regime of incompatibilities and incompatibilities will be determined by law.

CHAPTER IV.

BUDGETARY, FISCAL AND CUSTOMS REGIME

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ARTICLE 15. FORMULATION OF THE BUDGET. The Departmental Assembly, at the initiative of the Governor, shall issue the organic rules of the departmental budget and the annual income and expenditure budget, in accordance with the Constitution and the law.

It is for the Departmental Assembly to exercise its functions, to issue the rules related to the application and regulation of taxes, fees and surcharges previously defined in the law, with specific destination for the Archipelago Department of San Andrés, Providencia and Santa Catalina, following the principles of equity, neutrality, simplicity and with the determination of tariffs that consult the real ability to pay the taxpayers.

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ARTICLE 16. FOREIGN EXCHANGE CUSTOMS REGIME. The Archipelago Department of San Andrés, Providencia and Santa Catalina will have a customs and foreign exchange rate regime.

Foreign goods entering the department's territory will continue to be taxed 10 percent (10 percent) on the CIF value, which will be collected, administered and controlled by the San Francisco Archipelago Department. Andrés, Providencia and Santa Catalina.

PARAGRAFO 1. This charge may be modified by the Departmental Assembly, at the initiative of the Governor, when the circumstances of the market so require.

PARAGRAFO 2. Except for the previous charge, the foodstuffs, construction materials, machinery and equipment intended for the provision of public services in the archipelago, machinery, equipment and spare parts intended to promote the local industry and fishing activity, power plants in non-commercial quantities, medicinal products, vessels for the transport of common or mixed cargo and passengers providing the regular route service to the San Andreas Archipelago, Providence and Saint Catherine and the foreign goods arriving in transit for their future shipment to foreign ports.

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ARTICLE 17. FOREIGN GOODS. Travelers may carry foreign goods from the departmental territory, to the rest of the national territory as baggage or cargo, in accordance with the existing legal regime.

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ARTICLE 18. CUSTOMS AND CONTROL OPERATIONS IN THE ARCHIPELAGO DEPARTMENT. The Directorate of National Customs will be able to carry out agreements with the Archipelago Department of San Andrés, Providencia and Santa Catalina, which will have as their object the realization, by the department of certain customs and control operations, within the territory of its jurisdiction, in the terms of the delegations referred to it by the Directorate, and in accordance with the details to be agreed upon.

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ARTICLE 19. CONTRIBUTION TO THE USE OF TOURISM PUBLIC INFRASTRUCTURE. Create the contribution for the use of the public tourist infrastructure to be paid by tourists and temporary residents of the San Francisco Archipelago Department. Andrés, Providencia and Santa Catalina, without prejudice to the application of the provisions governing the territorial entities.

The conveyor company will be responsible for collecting this contribution and giving it to the departmental authorities within the first five days of each month, by presenting the ratio of the tickets sold, to or from the Department Archipelago, determining the number of the ticket and the name of the passenger.

PARAGRAFO. Failure to comply with the provision contained in this Article shall result in the imposition of successive fines of up to 100 minimum monthly legal salaries, without prejudice to the criminal and administrative penalties to which it may be imposed.

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ARTICLE 20. AMOUNT AND DESTINATION OF THE CONTRIBUTION FOR THE USE OF THE TOURIST PUBLIC INFRASTRUCTURE. The Departmental Assembly will determine the amount of the contribution provided for in the previous article, according to the length of time of the persons and with the activity to be developed in the department. The revenue collected by way of the contribution provided for in the previous Article shall be used specifically for the implementation of the rules relating to the improvement, maintenance, adequacy and modernisation of public infrastructure. Department tourism and preservation of natural resources.

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ARTICLE 21. PREDIAL TAX. In the settlement of the pre-dial tax may be considered additional factors that will be defined by the respective competent authorities.

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ARTICLE 22. EXCLUSION FROM SALES TAX. The exclusion of the sales tax regime will apply to the following facts:

a) The sale within the territory of the Archipelago Department of goods produced therein;

b) Sales to the territory of the Archipelago Department of goods produced or imported into the rest of the national territory, which shall be credited with the respective knowledge of the shipment or air guide;

(c) The importation of goods or services into the territory of the Archipelago Department, as well as its sale within the same territory;

d) The provision of services intended or carried out in the territory of the Archipelago Department.

CHAPTER V.

PROTECTING NATURAL RESOURCES AND THE ENVIRONMENT

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ARTICLE 23. BOARD FOR THE PROTECTION OF THE DEPARTMENT ' S NATURAL AND ENVIRONMENTAL RESOURCES. 118 of Act 99 of 1993 >

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ARTICLE 24. INTEGRATION OF THE BOARD. The Department for the Protection of Natural and Environmental Resources of the Department will be composed of the Governor of the Department who will chair it; the Secretary of Agricultural and Fisheries Development of the Department who will be the Secretary of the Board, the acalde of each municipality of the department, the Secretary of Departmental Planning, a representative of the non-governmental organizations elected by its members; two representatives of the native community of San Andrés and a representative of the native community of Providence, elected by election popular.

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ARTICLE 25. ROLE OF THE BOARD FOR THE PROTECTION OF THE DEPARTMENT ' S NATURAL AND ENVIRONMENTAL RESOURCES. It is the responsibility of the Governor through the Department for the Protection of Natural and Environmental Resources of the Department to promote and implement the the necessary measures for the direct conservation of all natural and environmental resources of the department.

PARAGRAFO. The Board for the Protection of Natural and Environmental Resources that this article deals with will also have the function of granting, if appropriate, permits, concessions and licenses for the construction of all kinds of docks.

Such permits and licenses may not be granted in any case when it comes to the construction of buildings covered on the sea.

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ARTICLE 26. NATURAL RESOURCES OF SPECIAL PROTECTION. They are the object of special protection all natural and environmental resources of the department and in particular the following:

(a) The continental shelf and subsea sockets of the islands; of all minerals or substances which, in veins, mantles, masses or deposits, constitute deposits whose nature is distinct from the components of the land, such as the minerals from which metals and metalloids used in the industry are extracted;

(b) Gem salt deposits and salt deposits formed directly by marine waters;

c) Products derived from the decomposition of rocks;

(d) The mineral or organic deposits of materials that may be used as fertilizers;

e) Solid mineral fuels, petroleum and all solid, liquid or gaseous hydrogen carbides;

f) The waters of territorial seas and inland marine waters;

g) Lagoons and staves that communicate permanently and intermittently with the sea;

h) Inland lakes of natural formation that are directly linked to constant currents;

i) The waters of the streams and their direct or indirect tributaries;

j) The mangroves;

k) Others who determine the laws or decrees.

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ARTICLE 27. THE BEACHES. The beaches of the Archipelago Department and the natural resources that integrate it, are public goods and therefore have the characteristic of being inalienable, imprinted and inembargable.

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ARTICLE 28. EXPLOITATION OF SAND AND OTHER RESOURCES OF THE BEACHES AND THE SEA. In no case will it be possible to extract; transport, store, trade or use coral sand or natural objects of the beaches, corals or the shores of the sea bordering on Archipelago Department.

The departmental commissioner will impose successive fines of up to 200 minimum monthly legal salaries and will make the confiscation of the material to natural or legal persons who do not comply with this provision.

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ARTICLE 29. APPLICABLE PENALTIES. The Department's Office for the Protection of Natural and Environmental Resources will impose successive fines of up to 200 minimum monthly legal salaries on natural or legal persons who misuse, endanger or cause damage to the Department's natural and environmental resources.

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ARTICLE 30. SPECIAL SANCTIONS. The departmental or municipal authorities that do not implement the provisions of their jurisdiction determined for the protection of the natural and environmental resources of the Archipelago Department will be punished with fines of up to 200 minimum monthly legal salaries, without prejudice to the application of criminal and administrative sanctions to be applied.

The Office of the Attorney General of the Nation will bring forward the appropriate disciplinary procedures, and may apply, according to the seriousness of the fault, the penalties provided for in the 1982 Law and other regulatory and concordant provisions.

CHAPTER VI.

THE ECONOMIC AND TOURISM PROMOTION REGIME

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ARTICLE 31. PROMOTION. The provisions relating to educational, industrial, agricultural, commercial, tourist promotion; to the industrial and tourist free zones of goods and services, related to the former Special Intrend of Saint Andrew and Providence, continue in force for the San Andrés, Providencia and Santa Catalina Archipelago Department.

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ARTICLE 32. TRANSPORT. As of the validity of this law, air and sea, cargo and passenger, national and international transport, to and from the Archipelago Department will operate under the mode of open skies and seas.

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ARTICLE 33. DEPARTMENTAL BOARD OF FISHERIES AND AQUACULTURE. Create the Departmental Fisheries and Aquaculture Board, prior to the delegation of the INPA functions in the Archipelago Department.

The Board shall be composed of the Governor of the Archipelago Department, who will chair the Board, the Secretary of Agriculture and Departmental Fisheries, the Director of the Office for the Protection of Natural and Environmental Resources of the Department, a representative of the Artisanal Fishermen of the Archipelago and a delegate of the National Institute of Fisheries and Agriculture.

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ARTICLE 34. FUNCTIONS OF THE BOARD. The Board shall be in charge of granting authorizations, permits, patents, concessions and salvos for the exercise of agriculture and for the research, extraction and marketing of the natural resources of the sea bordering the Archipelago Department, subject to the requirements of the National Institute of Fisheries and Agriculture, INPA, and for which it establishes the Law.

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ARTICLE 35. FISHING AND AQUACULTURE EXERCISE. No person may carry out the exercise of aquaculture or research, extraction and marketing of the resources of the sea bordering the department, without the prior permission granted by the Board of what the previous article deals with.

Persons who do not comply with the provision referred to in this Article must pay fines of up to 200 minimum monthly legal salaries and return the proceeds.

PARAGRAFO. Except for compliance with the requirement provided for in this provision, artisanal and subsistence fishermen resident in the Archipelago Department of San Andrés, Providencia and Santa Catalina.

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ARTICLE 36. PERMITS TO FOREIGNERS. The permits to foreigners to carry out the activities of the previous article in the waters bordering the Archipelago Department, must be processed before the Departmental Board of Fisheries and Aquaculture through the competent international or national bodies, without prejudice to the provisions of the existing international treaties.

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ARTICLE 37. the Departmental Assembly, at the initiative of the Governor and prior to the Departmental Board of Fisheries and Aquaculture, will determine the fees and duties that will be charged for the fishing activity, except for such payment to small and subsistence fishermen.

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ARTICLE 38. PESCA SYSTEMS. The extraction of fishery resources may only be carried out using gear, techniques and vessels permitted by the rules relating to the protection of natural resources and the environment.

Prohibit the use of fishing systems, such as meshes, trammel nets, trawl nets, and dynamite, in the department's territory, and the "LongLine" in areas intended for artisanal fishing.

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ARTICLE 39. LANDING OF THE FISHERY RESOURCES. Set a minimum of 10% (10%) of the quota of the fishery resources to be landed in the territory of the Archipelago for internal consumption or marketing therein.

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ARTICLE 40. ARTISANAL FISHING. The Department of Fisheries and Aquaculture will determine the areas of the Archipelago that will be used exclusively for artisanal fishing.

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ARTICLE 41. INTERNATIONAL FINANCIAL CENTER. Create an International Financial Center in the Archipelago Department of San Andrés, Providencia and Santa Catalina, whose operation will regulate the National Government.

The tax revenues that will produce the operations of the International Financial Center will be received by the Archipelago Department of San Andrés, Providencia and Santa Catalina.

CHAPTER VII.

EDUCATION AND CULTURE PROTECTION

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ARTICLE 42. LANGUAGE AND OFFICIAL LANGUAGE IN THE ARCHIPELAGO DEPARTMENT. They are officers in the Archipelago Department of San Andrés, Providencia and Santa Catalina Spanish and English commonly spoken by the native communities of the Archipelago.

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ARTICLE 43. EDUCATION. The teaching that is taught in the territory of the Archipelago Department must be bilingual, Spanish and English with respect to the traditional linguistic expressions of the natives of the Archipelago.

PARAGRAFO. The Ministry of National Education in coordination with the Department of Departmental Education will implement the necessary actions for the implementation of the bilingual education system and will provide the necessary resources for the teaching staff of the Archipelago gradually manage the two languages.

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