By Which Regulates The Recruitment And Mobilization Service

Original Language Title: Por la cual se reglamenta el Servicio de Reclutamiento y Movilización

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48 OF 1993

(March 3)

Official Journal No. 40,777 of 4 March 1993

By which the Recruitment and Mobilization service is regulated

THE CONGRESS OF THE REPUBLIC OF COLOMBIA

DECRETA:

PRELIMINARY TITLE

GOVERNING RULES

ARTICLE 1o. public Force is exclusively integrated by the Military Forces and the National Police.

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ARTICLE 2o. Nation will have permanent Military Forces formed by the Army, the Navy, and the Air Force for their defense.

The Military Forces will have the primary purpose of defending the sovereignty, independence, integrity of national territory and constitutional order.

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ARTICLE 3o. MANDATORY MILITARY SERVICE. All Colombians are obliged to take up arms when public needs demand it, to defend national independence and public institutions, with the prerogatives and exemptions that establishes this Law.

TITLE I.

OF THE RECRUITMENT AND MOBILIZATION SERVICE

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ARTICLE 4. Purpose. Corresponds to the Recruitment and Mobilization Service to plan, organize, direct and control the definition of the military situation of Colombians and to integrate society as a whole in the defense of national sovereignty, as well as implementing the plans for the mobilization of human potential, issued by the National Government.

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ARTICLE 5o. ORGANIZATION. The Recruitment and Mobilization service will be integrated by:

a. The Directorate of Recruitment and Mobilization of the Military Forces General Command.

b. The Army, Navy, and Air Force Recruitment and Control Directorates.

c. The Recruitment and Control Directorates of each Force will have Recruitment Zones, Military Districts and Military Circonscriptions.

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ARTICLE 6o. ORGANIZATION AND TEAM TABLES. It is up to the General Commander of the Military Forces to draw up the Organization and Equipment Tables (TOE) of the Recruitment and Mobilization Service, which must be approved by the Ministry of Defense. National.

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ARTICLE 7o. MILITARY TERRITORIAL DIVISION. The Military Forces General Command shall establish the Military Territorial Division of the Country.

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ARTICLE 8o. RECRUITMENT AND MOBILISATION SERVICE AUTHORITIES. They are the Authorities of the Recruitment and Mobilization Service:

a. The Minister of National Defense.

b. The Commander General of the Military Forces.

c. The Director of Recruitment and Mobilization of the Military Forces General Command.

d. The Commander of each Military Force.

e. The Army, Navy, and Air Force Recruiting and Control Directors.

f. The Commanders of Recruitment and Control Areas Reserves.

g. Military District Commanders of Recruitment.

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ARTICLE 9o. FUNCTIONS OF THE RECRUITMENT AND MOBILIZATION SERVICE. They are the functions of the Recruitment and Mobilization Service:

a. Define the military situation of Colombians.

b. Lead and organize the system of replacements in the Military Forces.

c. Carry out the mobilization of personnel for national defense purposes.

d. To inspect the national territory in time of war, in order to determine the needs of the country in terms of recruitment and mobilization.

e. The others to be set by the National Government.

TITLE II.

OF THE MILITARY SITUATION

CHAPTER I.

MANDATORY MILITARY SERVICE

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ARTICLE 10. OBLIGATION TO DEFINE THE MILITARY SITUATION. Every Colombian male is obliged to define his military situation from the date of his or her age, with the exception of high school students, who will define when they obtain their Bachelor's degree.

The military obligation of Colombians ends on the day they are in their fifties (50) years of age.

PARAGRAFO. The Colombian woman will provide the voluntary military service, and it will be mandatory when the circumstances of the country demand it and the National Government determines it, in tasks of logistical, administrative, social, cultural or defense of the ecology and the environment, and in general, the activities that contribute to the modernization and development of the country and will be entitled to the stimuli and prerogatives that this Law establishes no matter the modality in which the service is provided.

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ARTICLE 11. MANDATORY MILITARY SERVICE DURATION. The mandatory military service under flags will last twelve (12) to twenty-four (24) months, as determined by the Government.

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ARTICLE 12. PERSONNEL REPLACEMENTS. The replacements of the Military Forces personnel in peacetime will be carried out by the conscription system through the incorporation and licensing of contingents.

In time of war the replacements will be done in the form established by the National Government through the Decrees of Mobilization, according to the evolution of the conflict.

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ARTICLE 13. MODALITIES FOR THE PROVISION OF COMPULSORY MILITARY SERVICE. The Government may establish different modalities for the obligation of the provision of compulsory military service.

Will continue to govern the current modalities on the provision of military service:

a. As a regular soldier, 18 to 24 months.

b. As a bachelor soldier, for 12 months.

c. As a law enforcement assistant bachelor, for 12 months.

d. As a peasant soldier, 12 to 18 months.

PARAGRAFO 1o. Soldiers, in particular baccalaureate, in addition to their military training, and other obligations inherent in their quality as a soldier, shall be instructed and dedicated to the performance of welfare activities. to the community, and in particular to tasks for the preservation of the environment and ecological conservation.

PARAGRAFO 2o. The peasant soldiers will provide their mandatory military service in the geographical area where they reside. The National Government will organise such a service taking into account its academic preparation and trade.

CHAPTER II.

MILITARY SITUATION DEFINITION

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ARTICLE 14. REGISTRATION. Every Colombian male has an obligation to register to define his military situation within the period of the previous year in which he or she meets the age of majority, a requirement without which he/she will not be able to make requests for exemption or postponement. When the majority of age is reached without any compliance with this obligation, the authority may decide to do so without prejudice to the application of the penalties provided for in this Law.

PARAGRAFO 1o. Last year secondary school students, regardless of age, should enroll during the course of the school year through the respective educational staff, in coordination with the Directorate of Army Recruitment and Control Reserves.

the Military Forces and the National Police will request the high school fees for their incorporation into the Army's Directorate of Recruitment and Control Reserves, the only body with the power to carry out such activity.

PARAGRAFO 2o. The military enrollment prescribes at the end of a (1) year, due this deadline, the obligation to register again arises.

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ARTICLE 15. PHYSICAL FITNESS TESTS. Registered staff will undergo three medical tests.

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ARTICLE 16. FIRST Examination. The first physical fitness test will be performed by health officers or specialists at the Military Forces Service at the place and time set by the Recruitment authorities.

This test will determine the fitness for the military service, according to the regulations issued by the Ministry of National Defense for this purpose.

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ARTICLE 17. SECOND examination. A second optional medical examination shall be carried out, by the determination of the recruitment authorities or at the request of the registered office, which shall ultimately decide the physical fitness for the definition of the military situation.

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ARTICLE 18. THIRD EXAMINATION. Between 45 and 90 days after the incorporation of a contingent, a third physical fitness test will be performed to verify that the soldiers do not present inabilities incompatible with the provision of the service. military.

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ARTICLE 19. DRAWING. The choice to enter the military service will be made by the drawing procedure among the eligible conscripts, which can be fulfilled at any stage of the process according to the human potential available and the needs of replacements in the Military Forces.

For each principal a substitute will be drawn. The draws will be public.

There will be no draw when the number of conscripts is not sufficient.

The volunteer staff will have priority for the service, on which they will be selected in the draw.

Claims that are filed after the draw and up to fifteen (15) days prior to incorporation, will be resolved by submitting summary evidence by the interested party; who will not check their inability or causal exemption will be deferred by a (1) year, at the end of which its classification or incorporation will be performed.

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ARTICLE 20. CONCENTRATION AND INCORPORATION. Fulfilled the requirements of the law, the eligible conscripts are quoted in the place, date and time determined by the authorities of Recruitment, for purposes of selection and income, which constitutes their incorporation to the ranks for the provision of the military service.

PARAGRAFO. The incorporation may be made from the age of the conscript until the age of 28 * years, except for the exceptions laid down in this Law for Baccalaureate.

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ARTICLE 21. CLASSIFICATION. They shall be classified as having been exempted from the provision of military service under flags by reason of a causal exemption, inability or lack of quota.

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ARTICLE 22. MILITARY COMPENSATION FEE. The registered non-member must pay a pecuniary contribution to the National Treasury, called the "military compensation fee". .

PARAGRAFO. The military compensation fee shall be paid within thirty (30) days following its classification.

CHAPTER III.

SPECIAL SITUATIONS

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ARTICLE 23. COLOMBIANS RESIDENT ABROAD. Colombian male residents living abroad will define their military situation in the terms of this Law, through the corresponding consular authorities.

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ARTICLE 24. COLOMBIANS FOR ADOPTION. The Colombian men for adoption resident in the country will define their military situation in accordance with this Law, as long as they have not done so in the country of origin.

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ARTICLE 25. COLOMBIANS WITH DUAL NATIONALITY. Colombian males, by birth with dual nationality, will define their military situation in accordance with this Law.

PARAGRAFO. The exception of this article is the young Colombians, by birth, who present proof of having provided the military service in some of the States with which Colombia has a convention on this matter.

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ARTICLE 26. FOREIGNERS DOMICILED IN COLOMBIA. Foreign nationals residing in Colombia are not obliged to define the military situation in our country.

TITLE III.

EXEMPTIONS AND POSTPONEMENTS

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ARTICLE 27. EXEMPTIONS AT ALL TIMES. They are exempt from providing military service at all times and pay no military compensation fee:

a. The permanent physical and sensory limited.

b. Indigenous people living in their territory and preserving their cultural, social and economic integrity.

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ARTICLE 28. PEACE TIME WAIVER. They are exempt from military service in peacetime, with the obligation to register and pay military compensation fee:

a. The clergy and religious according to the concordatary conventions in force. Likewise the similar hierarchical ones of other religions or churches, dedicated permanently to their worship.

b. Those who have been sentenced to terms of access to the loss of political rights as long as they do not obtain their rehabilitation.

c. The only child, male or female, of marriage or permanent union, of widowed, divorced, separated, or single mother.

d. The orphan of a father or mother who is in store with his work to the subsistence of his brothers unable to earn their livelihood.

e. The child of parents unable to work or older than 60 years of age, when they lack income, pension or means of subsistence, provided that the child is in charge of them.

f. The brother or son of whom has died or acquired an absolute and permanent inability to combat, in acts of service or as a consequence thereof, during the provision of compulsory military service, at least, that being fit, voluntarily want to lend it.

g. The married people who make conjugal life.

h. The relative and permanent indefers.

i. The children of officers, non-commissioned officers, agents and civil servants of the Public Force who have died or acquired an absolute and permanent inability to combat or in acts of the service and for causes inherent to it, unless they are fit, voluntarily want to lend it.

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ARTICLE 29. POSTPONEMENTS. They are grounds for deferment for the provision of military service for the time remaining, the following:

a. Be the brother of who is providing compulsory military service.

b. To be held in preventive custody by the civil authorities at the time it is to be incorporated.

c. Temporary relative indeft, in which case a new recognition is pending until the next incorporation. If the inability to do so exists, it shall be classified for the payment of the military compensation fee.

d. To have been accepted or to be pursuing studies in established establishments by the ecclesiastical authorities as centers of preparation for the priestly or religious life.

e) The applicant to enter the training schools of Officers, Sub-Officers and Agents.

(f) The registered person who is pursuing the last year of middle school and does not obtain the bachelor's degree for loss of the year.

g. The conscript that claims some exemption under the terms of Article 19 of this Law.

TITLE IV.

MILITARY RESERVIST AND INTERIM CARDS

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ARTICLE 30. RESERVIEW CARD. The reservist card is the document that the military situation has been defined with. This document will be issued on a permanent basis by the Recruitment and Control Directorates of the respective Forces for first class reservist cards.

The Army Recruitment and Control Directorate will issue all second class reservist cards as well as first class reservist cards for members of the National Police.

PARAGRAFO 1o. For both first and second class cards, they will be assigned the number corresponding to the current identity document.

PARAGRAFO 2o. Cards issued prior to this Law will retain their initial number until the duplicate is requested, which will be assigned the number corresponding to the identity document.

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ARTICLE 31. MILITARY PROVISIONAL CARD. It is the role of the Army Recruitment Directorate to issue the military interim card.

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ARTICLE 32. REGULATION. The Commander General of the Military Forces will regulate the model and characteristics of the reservist cards and the military provisional.

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ARTICLE 33. COSTO. The cost of issuing the documents in this Law and their respective duplicates shall be fixed and collected by the Ministry of Defense.

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ARTICLE 34. PUBLIC DOCUMENT. The reservist and provisional military cards will be classified as a reserved material acquiring the public document character once they have been legally issued by the respective Recruitment and Control Directorate. Reservations.

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ARTICLE 35. MILITARY CEDULAS. For the Military Forces Officers and Sub-Officers in active duty, withdrawal or reserve status, the military card replaces the reservist card for all acts in which it is required.

PARAGRAFO 1o. For National Police Officers and Subofficers on active duty, the police identity card replaces the reservist card.

PARAGRAFO 2o. For the students of the training schools of Officers and Subofficers, Soldiers, Groups, Infants and Police Agents, during their stay in the institution, the respective military identity card or police, replace the reservist card.

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ARTICLE 36. COMPLIANCE WITH THE OBLIGATION TO DEFINE A MILITARY SITUATION. 111 of Decree 2150 of 1995. The new text is as follows: > Colombians up to the age of 50, are obliged to define their military situation. However, public or private entities may not require private individuals to submit the military book, with the verification of compliance with this obligation in coordination with the competent military authority. for the following purposes only:

a. Enter into contracts with any public entity;

b. Enter the administrative career;

c. Take possession of public charges, and

d. Obtain a professional degree in any higher education teacher.

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ARTICLE 37. A PROHIBITION OF EMPLOYMENT. No national or foreign company, official or private, established or subsequently established in Colombia, may have an employment relationship with older persons who have not defined their military situation.

The violation of this provision will be sanctioned in the form that is later determined.

TITLE V.

RIGHTS, PREROGATIVES, AND STIMULI

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ARTICLE 38. " AT THE TIME OF BEING INCORPORATED. The conscript called to the service has the right to the State to recognize the passages and viatics for its transfer to the place of incorporation, its support during the trip and the return to its home once licensed.

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ARTICLE 39. DURING THE SERVICE OF THE MILITARY SERVICE. Every Colombian who is providing the mandatory military service in the terms that the law establishes, is entitled:

a. From the day of incorporation to the date of the license, you will have the right to be taken care of by the State, in all its basic necessities to health, accommodation, food, clothing, welfare and will enjoy a bonus monthly.

At the time of their licensing, the regular and peasant soldier will be provided with a civilian dress.

b. Upon presentation of your existing military identity card, you will enjoy public shows, sporting events and assistance to recreation parks, with a 50% discount of your total value.

c. The granting of an annual permit with a transport grant equivalent to 100% of a monthly minimum wage in force and proportional return of the food item.

PARAGRAFO. In the event of a proven domestic calamity or catastrophe that has been able to seriously affect your family, the soldier will be given equal leave, with the right to the transport grant equivalent to one hundred percent of a statutory minimum wage. in force.

d. Receive training oriented towards re-adaptation to civilian life during the last month of its military service.

e. Every Colombian who is serving a military service, upon presentation of his current military identity card, will be entitled not only to the postal franchise, but also to the telephone franchise throughout the national territory.

f. The last bonus will be the equivalent of a current monthly minimum wage.

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ARTICLE 40. AT THE END OF THE MILITARY SERVICE. Any Colombian who has provided the military service shall have the following rights:

a. In the State entities of any order the military service time shall be computed for the purposes of unemployment, retirement pension of old age and premium of seniority in the terms of the law.

b.

PARAGRAFO. When the bachelor has been admitted to the public or private university, the latter shall have the obligation, in the case of the military service, to reserve the respective quota until the academic semester following the license.

c. When university or technological studies are completed in Colombia or abroad prior to validation, it will be exempted from the provision of 50% of the time of the compulsory social service according to the respective academic program for the endorsement of the professional title, with the authorisation of the competent body.

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e. When he has distinguished himself for his military qualities, he will be able to become a scholarship in the training schools of Officers and Subofficers of the Military Forces and the National Police.

f. Official entities or companies, security and surveillance companies, National Customs and income guards or the like, shall give priority to the use of first class reservists, without prejudice to the special rules of entry governing each of them. entity.

g. Grants and loans granted by institutions or official institutions, for students pursuing university studies, will be awarded to those who have provided the military service.

PARAGRAFO 1o. The Icetex will create a special line of credit for the bachelor soldiers entering the universities.

PARAGRAFO 2o. The National Government will create a special credit line for long-term development, in order to promote the return to the agricultural activity of the peasant soldiers in the promotion of forms of solidarity economy, such as micro-enterprises among those who provided the military service.

h. When a soldier, in compliance with his duty, receives permanent injuries that prevent him from performing normally, the State has an obligation to give him a training that he chooses up to the professional level of instruction. The obligation of the State shall cease when the beneficiary rejects the offer or when its lack of interest is deducted for its low yield.

PARAGRAFO. The State will pay you a monthly allowance equal to a statutory minimum monthly salary for the time you last unemployed. This obligation shall cease when the State incorporates it in the labour market or when the offer is rejected without fair cause by the beneficiary.

TITLE VI.

OF VIOLATIONS AND PENALTIES

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