LAW 48 OF 1993
Official Gazette No. 40,777, of March 4, 1993
Whereby the service is regulated Recruitment and Mobilization Summary
|| Term Notes |
THE CONGRESS OF THE REPUBLIC OF COLOMBIA
DECREES: PRELIMINARY TITLE
rules governing ARTICLE 1o. PUBLIC FORCE. The Public Force is composed exclusively by the Armed Forces and the National Police.
. FUNCTIONS OF THE ARMED FORCES. The Nation will have to defend a permanent military forces consist of the Army, Navy and Air Force.
The Armed Forces have as their primary objective the defense of the sovereignty, independence, national territorial integrity and constitutional order.
ARTICLE 3. COMPULSORY MILITARY SERVICE. All Colombians are obliged to take up arms when public needs so require, to defend national independence and public institutions, privileges and exemptions established by this Act.
SERVICE TITLE I. RECRUITMENT AND MOBILIZATION
ARTICLE 4. PURPOSE. Corresponds to the Recruitment and Mobilization plan, organize, direct and control the definition of the military situation of Colombians and integrate into society as a whole in the defense of national sovereignty and implement plans for mobilization of human potential, issued by the National Government. Effective Jurisprudence
The 5th ITEM. ORGANIZATION. The Recruitment and Mobilization Service shall consist of:
a. The Directorate of Recruitment and Mobilization of the General Command of the Armed Forces.
B. The Recruitment and Control Addresses Army Reserve, Navy and Air Force.
C. Directorates Recruitment and Control Force Reserves each will have areas of Recruitment, Military Military Districts and Constituencies.
ARTICLE 6o. TABLES OF ORGANIZATION AND EQUIPMENT. It corresponds to the General Commander of the Armed elaborate Tables of Organization and Equipment (TOE) of the Recruitment and Mobilization, which must be approved by the Ministry of National Defense Forces.
ARTICLE 7. TERRITORIAL MILITARY DIVISION. The General Command of the Armed Forces shall determine the Military Territorial Division of the Country.
Article 8. SERVICE OFFICERS RECRUITMENT AND MOBILIZATION. They are Officers Recruitment and Mobilization Service:
a. The Minister of National Defence.
B. The General Commander of the Armed Forces.
C. The Director of Recruitment and Mobilization of the General Command of the Armed Forces.
D. Commander of Military Force each.
E. Directors Recruitment and Control Army Reserve, Navy and Air Force.
F. Commanders Control Areas Recruitment and Reserves.
G. Military Commanders Recruiting District.
Article 9. RECRUITMENT SERVICE FEATURES AND MOBILIZATION. The functions of the Recruitment and Mobilization:
a. Define the military situation of Colombians.
B. Manage and organize the system of replacements in the Armed Forces.
C. Perform mobilization of personnel for national defense.
D. Inspect the country in time of war, to determine the needs in recruitment and mobilization has the country.
E. All others set by the Government. Effective Jurisprudence
THE MILITARY SITUATION CHAPTER I. MANDATORY MILITARY SERVICE
ARTICLE 10. OBLIGATION TO DEFINE THE MILITARY SITUATION. Every Colombian male is required to define their military status from the date he reaches majority age, except for high school students who define when they obtain their bachelor's degree.
The military duty of Colombians ends on the day that meet the fifty (50) years of age.
PARÁGRAFO. Colombian women paid voluntary military service, and will be mandatory when the country's circumstances require, the national government determines, in tasks of logistical, administrative, social, cultural or defense of ecology and environmental support, and overall, the activities that contribute to the modernization and development of the country and are entitled to the incentives and privileges established by this Act regardless of the mode in which the service is provided. Effective Jurisprudence
ARTICLE 11. MANDATORY MILITARY SERVICE TERM. Conscription under flags will last for twelve (12) to twenty-four (24) months, as determined by the Government. Effective Jurisprudence
ARTICLE 12. STAFF REPLACEMENTS. Replacements staff of the Armed Forces in peacetime, shall be made by the conscription system by incorporating licensing and quotas.
In wartime replacements will be made in the manner established by the National Government Decrees Mobilization, according to the evolution of the conflict.
ARTICLE 13. MANDATORY MILITARY SERVICE DELIVERY METHODS. The Government may establish different ways to meet the obligation of compulsory military service.
Will continue to govern the current modalities on military service:
a. As a regular soldier, 18 to 24 months.
B. As a soldier bachelor for 12 months.
C. As auxiliary police bachelor for 12 months.
D. As a peasant soldier, from 12 to 18 months. PARAGRAPH 1.
. The soldiers, especially the graduates, in addition to their military training, and other obligations inherent in their quality of soldier must be trained and dedicated to conducting social welfare activities to the community and especially to work for the preservation of the environment and ecological conservation. PARAGRAPH 2.
. The peasant soldiers lend their compulsory military service in the geographic area where they reside. The National Government will organize such a service taking into account their academic preparation and trade. Editor's Notes
CHAPTER II. MILITARY SITUATION DEFINITION
ARTICLE 14. REGISTRATION. Every Colombian male is required to register to define their military situation within the period last year in which he reaches the age of majority, a requirement without which you can not make requests for exemption or deferral. When it reaches adulthood without having complied with this obligation, the authority may compel him without prejudice to the application of the sanctions established in this Act.
PARAGRAPH 1.. Students in final year of high school, regardless of age, must register during the course of the school year through the respective campus, in coordination with the Directorate of Recruitment and Control Army Reserves.
The Armed Forces and the National Police seek quotas for high school graduates joining the Directorate of Recruitment and Control Army Reserves, the only body with the power to enforce such activity. PARAGRAPH 2.
. The military registration prescribes the term of one (1) year after this deadline, the obligation to register again arises. Effective Jurisprudence
psychophysical aptitude tests. The registered staff will undergo three medical exams.
ARTICLE 16. FIRST REVIEW. The first test of psychophysical fitness shall be practiced by medical officers or professional specialists to the Service of the Armed Forces at the time and place set by the recruitment authorities.
This test will determine the fitness for military service in accordance with the regulations issued by the Ministry of National Defense for the purpose.
ITEM 17. SECOND REVIEW. an optional second medical examination will be fulfilled, for determination of the authorities Recruitment or at the request of the registered which will ultimately decide the psychophysical aptitude for the definition of the military situation.
ARTICLE 18. THIRD REVIEW. Between 45 and 90 days after the introduction of a quota, a third review of psychophysical aptitude will be performed to verify that the soldiers do not present disabilities incompatible with military service.
ARTICLE 19. SWEEPSTAKES. The choice to enter the military service will be made by the procedure of drawing among conscripts fit, which may be met at any stage of the process according to the available human potential and the needs of replacements in the Armed Forces.
For each main one alternate will be drawn. The draws will be public.
There will be no place to draw when there is sufficient number of conscripts.
The volunteer staff will have priority for service on that are selected in the drawing.
Claims submitted after the draw and up to fifteen (15) days prior to the incorporation, will be solved by filing summary evidence by the interested party; who finds no grounds for his inability or exemption will be postponed for one (1) year, after which their classification or incorporation will take place.
ARTICLE 20. CONCENTRATION AND INCORPORATION. Once the requirements of law, conscripts unfit elected cited in the place, date and time determined by the authorities Recruitment, selection purposes and income, which is joining ranks for military service.
PARÁGRAFO. The addition may be made from most conscript age until it meets 28 * years, except as otherwise provided in this Act for bachelors. Editor's Notes
ARTICLE 21. CLASSIFICATION. They will be classified on the basis of those grounds for exemption, disability or lack of space, they have been exempted from military service under flags.
MILITARY COMPENSATION FEE. The registered not enter the ranks and be classified must pay a financial contribution to the National Treasury, called "quota of military compensation". The government will determine its value and the terms of settlement and collection. Effective Jurisprudence
PARÁGRAFO. The share of military compensation will be paid within thirty (30) days following its classification.
CHAPTER III. SPECIAL SITUATIONS
ARTICLE 23. FOREIGN RESIDENTS IN COLOMBIAN. Colombians living abroad men define their military situation in terms of this Act, through the appropriate consular authorities. Effective Jurisprudence
ITEM 24. ADOPTION BY COLOMBIAN. Colombian men adoption by residents in the country define their military situation in accordance with this Law, provided they have not done in the country of origin. Effective Jurisprudence
ARTICLE 25. DOUBLE NATIONALITY. Colombian men with dual nationality by birth define their military status in accordance with this Law.
PARÁGRAFO. Exceptions to this article young Colombians by birth, submit proof of having provided military service in some of the states with which Colombia has entered into an agreement in this regard. Effective Jurisprudence
foreigners domiciled COLOMBIA. Foreigners domiciled in Colombia are not required to define the military situation in our country.
Waivers and deferrals
ARTICLE 27. EXEMPTIONS AT ALL TIMES. They are exempt from military service at all times and do not pay military compensation fee:
a. Permanent physical and sensory limited.
B. Indians residing in their territory and preserve their cultural, social and economic integrity. Editor's Notes
ARTICLE 28. EXEMPTION IN TIME OF PEACE. They are exempt from military service in peacetime, with the obligation to register and pay military compensation fee:
a. Clerics and religious according to the concordat agreements. Likewise hierarchical similar to other religions or churches, permanently dedicated to his cult.
B. Those who have been sentenced to prison terms have as incidental loss of political rights until they obtain their rehabilitation.
C. The only child, male or female, marriage or permanent union, widow, divorced, separated or single mother. Effective Jurisprudence
D. The fatherless or mother who attend with their work to keep their incapable of earning a living brothers.
E. The son unable to work or over 60 parents, when they lack income, pension or livelihoods, provided that the child watch over them.
F. The brother or son who has died or acquired an absolute and permanent disability in combat, in acts of service or as a result thereof, during compulsory military service, unless that being suitable voluntarily want to lend.
G. Married to make married life. Effective Jurisprudence
H. The non-business related and permanent.
I. The children of officers, NCOs, and civilian agents of the security forces who have died or acquired an absolute and permanent disability in combat or in acts of service and for reasons inherent therein, unless that being fit, volunteer to lend.
ARTICLE 29. DEFERRED. The grounds for postponement for military service for as long as it subsists, the following:
a. A brother who is providing compulsory military service.
B. Be preventively arrested by the civil authorities at the time that should be incorporated.
C. Unskillful be relative time, in which case is pending further recognition to the next addition. If subsistiere disability, you qualify for payment of the quota of military compensation.
D. Have been accepted or studying in recognized by the ecclesiastical authorities as centers of preparation of the priesthood or religious life establishments. Effective Jurisprudence
E) An applicant for admission to schools training officers, NCOs and agents.
F) who is enrolled in the final year of secondary school and failure to obtain a bachelor's degree for loss of the year.
G. The conscript who claims an exemption, pursuant to Article 19 of this Law.
Reservist CARDS AND PROVISIONAL MILITARY
ARTICLE 30. BOARD
reservist. Reservist card is the document that it is checked have defined the military situation. This document will be issued on a permanent basis by the Directorate of Recruitment and Reserves respective Control Forces reservist cards first class.
The Directorate of Recruitment and Control Army Reserves issue all cards reservist second class as well as reservist cards first class for members of the National Police. PARAGRAPH 1.
. A cards both first and second class will be assigned the number of the valid identity document. PARAGRAPH 2.
. Cards issued prior to this Law shall retain their original number until the duplicate is requested, which will be assigned the number corresponding to identification.
ARTICLE 31. PROVISIONAL MILITARY CARD. It is a function of the Directorate of Army Recruiting issue provisional military card.
ARTICLE 32. REGULATIONS. The General Commander of the Armed Forces shall regulate the model and features cards and military reservist provisional.
ARTICLE 33. COST. The cost of issuing documents covered by this Act and their respective duplicate, shall be fixed and regulated by arrangement collection issued by the Ministry of Defence.
ARTICLE 34. PUBLIC DOCUMENT. Cards provisional military reservist and are classified as classified material acquiring the realm of public documents once they have been legally issued by the respective Directorate of Recruitment and Reserves Control.
ARTICLE 35. MILITARY
CEDULAS. For officers and NCOs of the Armed Forces on active service, retirement situation or reserve military ID card replaces the reservist card for all acts in which this is required. PARAGRAPH 1.
. For officers and NCOs of the National Police on active duty, police identity card identity card replaces reservist. PARAGRAPH 2.
. For students of schools training officers and NCOs, Soldiers, Grumetes, Infants and Police Officers, during their stay in the institution, the respective card military or police identity card replaces reservist.
ARTICLE 36. COMPLIANCE OBLIGATION DEFINED MILITARY SITUATION. Colombians to 50 years of age, are required to define their military situation. However, public or private entities may not require special presentation of the military book They accounted to them verifying compliance with this obligation in coordination with the competent military authority only for the following purposes:
a. Enter into contracts with any public entity; Editor's Notes
B. Enter the administrative career;
C. Take ownership of public office, and
D. Get professional degree in any school of higher education. Editor's Notes
ARTICLE 37. PROHIBITION
LINKING LABOR. No national or foreign, official or private enterprise, established or hereafter established in Colombia, may have employment relationship with seniors who have not resolved their military situation.
Violation of this provision is punishable in the manner hereinafter determined. Editor's Notes
TITLE V. RIGHTS, PRIVILEGES AND SPURS
ARTICLE 38. TIME TO BE INCORPORATED IN. The call to service conscript is entitled to the State to recognize the travel and per diem for transfer to the place of incorporation, their support during the trip and return to his home once licensed.
ARTICLE 39. DURING MILITARY SERVICE PROVISION. Every Colombian who is on compulsory military service in the terms established by law, is entitled:
a. From the day of its admission to date of discharge, you are entitled to be treated by the State in all its basic needs pertaining to health, housing, food, clothing, wellness and enjoy a monthly bonus.
Upon his discharge, he will be provided to regulate and peasant soldier, a staff of civil dress.
B. Upon presentation of their current military ID card, you enjoy public entertainment, sporting events and recreational parks attendance by a discount of 50% of its total value.
C. The granting of an annual permit to transport a subsidy equivalent to 100% of a monthly minimum wage and proportionate return of the power game.
PARÁGRAFO. If proven domestic calamity or catastrophe that may have severely affect your family, you are awarded to the soldier like a permit, entitled to the grant of transport equivalent to one hundred percent of a legal minimum wage.
D. Receive oriented readjustment to civilian life during the last month of his military service training.
E. Every Colombian who is in military service, upon presentation of their current military ID card will be entitled not only to postal, but also to the telephone franchise throughout the national territory. Editor's Notes
F. The last bonus will be the equivalent of a monthly minimum wage.
END OF ARTICLE 40 TO MILITARY SERVICE RENDERING. Every Colombian who has served compulsory military service, have the following rights:
a. State entities in any order of military service time will be computed for purposes of unemployment, old age pension and seniority premium under the terms of the law.
B. Effective Jurisprudence
PARÁGRAFO. When the high school, has been admitted to public or private university, they will be obliged, if military service, to book his place open to licensing the following semester.
C. When finished university or technological studies in Colombia or abroad prior validation, it will be exempted from the provision of 50% of the time of compulsory social service in accordance with the respective academic program for the countersignature of the professional title, with the authorization of the competent authority. Editor's Notes
D. Effective Jurisprudence
E. When it has been distinguished by his military qualities, it may be granted a scholarship in schools training officers and NCOs of the Armed Forces and the National Police.
F. Official entities or companies, security companies and surveillance, National Customs and revenue receipts or the like, give employment priority to first-class reservists, subject to the special rules governing entry in each entity.
G. Grants and loans granted official institutions or entities, for students attending university courses, priority will be given to those who have rendered military service. Effective Jurisprudence
. Icetex create a special line of credit for bachelors soldiers entering universities. PARAGRAPH 2.
. The national government will create a special line of credit for long-term development, in order to encourage the return to farming peasant soldiers in promoting forms of solidarity economy, such as micro among those who lent military service.
H. When a soldier in the line of duty, receive permanent injuries that prevent you from functioning normally, the State has the obligation to give training that choose to professional level of education. The State's obligation shall cease if the recipient refuses the offer or when their disinterest is deducted for its poor performance.
PARÁGRAFO. The state will pay an equivalent of one legal monthly minimum wage for the duration unemployed monthly allowance. This obligation shall cease when the State incorporate occupationally or when the offer is rejected without just cause by the beneficiary.
OF VIOLATIONS AND PENALTIES