Repealed - By Which Some Instruments For Seeking Co-Existence, The Effectiveness Of Justice And Other Provisions

Original Language Title: DEROGADO - Por la cual se consagran unos instrumentos para la búsqueda de la convivencia, la eficacia de la justicia y se dictan otras disposiciones

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Law 104 of 1993 (December 30)
Official Gazette No. 41,158, of December 31, 1993

By which some instruments for seeking co-existence, the effectiveness of justice and other provisions. Summary

Term Notes
THE CONGRESS OF COLOMBIA,
DECREES: PART I.


GENERAL PART ARTICLE 1o. Enshrined in this Act rules aim to provide the Colombian state of effective instruments to ensure the validity of the social and democratic state of law and guarantee the full rights and fundamental freedoms recognized in the Constitution. Effective Notes

Article 2.
. In the application of the powers conferred by this Act, the criteria of proportionality and necesariedad be followed and the determination of its scope the interpreter must crucial factor the wording of it, without pretext to unravel their spirit, they can use powers expressly conferred no.
In exercising the same powers it may not undermined the core of fundamental rights, nor alter the distribution of powers established in the Constitution and laws and their application for the purpose of achieving coexistence will always consider peaceful. Effective Notes


ARTICLE 3. The State shall strive for the establishment of a just social order that will ensure peaceful coexistence, protection of the rights and freedoms of individuals and adopt measures in favor of discriminated or marginalized groups, aimed at achieving conditions of real equality and provide all of the same opportunities for proper development, that of their family and social group. Effective Notes


ARTICLE 4. The authorities shall ensure that individuals resolve their differences in a democratic and peaceful manner, facilitate the participation of all in decisions that affect them and should resolve promptly requests citizens to submit them to satisfy their needs and the prevention and elimination disturbance of security, tranquility, health and the environment. Effective Notes


The 5th ITEM. The authorities guarantee the free development and free expression and action of social movements and popular protests are conducted in accordance with the Constitution and laws. Effective Notes


ARTICLE 6o. In the general part of the national development plan and in those taking the territorial entities shall be indicated precisely the goals, priorities and macroeconomic policies aimed at achieving equitable social development and to integrate the regions of colonization, or traditionally marginalized or where state presence is insufficient to fulfill the purposes of article 2 of the Constitution, in order to incline for achieving coexistence within a just order. democratic and peaceful. Effective Notes


ARTICLE 7. The Government must submit reports within the first ten (10) days of each legislative period the Commissions dealt with in article 8 concerning the use of the powers conferred by this Act, as well as the measures to improve the economic conditions of the zones and marginalized groups of the Colombian population. Effective Notes


Article 8. The directives of the First Commissions Senate and House tables, will form a committee, composed of six (6) Senators and six (6) Representatives, which must be proportionately represented all political parties and movements represented in Congress, which should follow up on the implementation of this Act, receive complaints that arise during it, reviewing government reports and recommend permanence, suspension or repeal of the provisions of this Act.
Notes effective
TITLE I.

SEARCH TOOLS FOR LIVING TOGETHER CHAPTER I.


ABANDONMENT AND VOLUNTARY DELIVERY
Article 9. . Effective Notes



Previous legislation
CHAPTER II. COMMON RULES


ARTICLE 10. BENEFITS CONDITIONAL. Effective Notes

Legislation Previous


ARTICLE 11. REVOCATION OF BENEFITS. Effective Notes

Legislation Previous


ARTICLE 12. PROHIBITION OF ACCUMULATION. Effective Notes

Legislation Previous


ARTICLE 13. SPECIAL PROTECTION. Effective Notes

Legislation Previous


CHAPTER III.
PROVISIONS TO FACILITATE DIALOGUE AND SUBSCRIPTION AGREEMENTS WITH

GUERRILLA GROUPS, military demobilization, reconciliation among Colombians and peaceful coexistence

Term Notes Legislation Previous


ARTICLE 14. Representatives expressly authorized by the Government, in order to promote reconciliation among Colombians, peaceful coexistence and achieve peace, may:
a) perform any act aimed to engage in conversations and dialogues with guerrilla groups;
B) Further talks and sign agreements with spokespeople or representatives of members aimed at their military demobilization and their reintegration into civilian life guerrilla groups;
C) Further talks and sign agreements with spokespeople or representatives of members of guerrilla groups, in order to promote the humanization of internal conflict, respect for human rights or decreasing the intensity of hostilities. PARAGRAPH 1.
. In order to facilitate movement throughout the country, the Government may suspend the execution of the arrest warrants that have been issued or may be issued against members representatives of the guerrilla groups that advance peace talks with the Government. by the time it sets.
The National Government may agree with spokespersons or members - representatives of the guerrilla groups. in a peace process, the temporary location of such spokespersons or representatives of members or members of such guerrilla groups in certain areas of the country.
The President of the Republic shall, by express order and in the manner it deems appropriate, the location and modalities of action of the security forces, in order to ensure the security and integrity of all those involved in the process peace that are located in areas that in the preceding paragraph, or are in the process of moving towards them, on roads or areas defined for the purpose.
In the aforementioned areas will be suspended the execution of the arrest warrants against members of guerrilla groups that advance a peace process, until the government so determined or declare that the process has completed.
The Interior Ministry and the Office of the High Commissioner for Peace, or his substitute, draw up a list of people to focus on the respective area as a condition of guerrillas precertification under oath, issued by the spokespersons or representatives of the respective group members who are criminally responsible for the accuracy of such information. The Interior Ministry sent to the judicial, military and police authorities concerned made the list as well. PARAGRAPH 2.
. For all purposes means spokesman, the person of civil society without belonging to the guerrilla group participates in their name in conversations and dialogues in this Chapter. Not be admitted as spokesman the person against whoever does capture order. Effective Notes

Legislation Previous


ARTICLE 15. In order to facilitate the transition to civilian life and legal policy of guerrilla groups who are in a peace process led by the Government, it may appoint only once for each group and representation, a plural number of members in each legislative chamber, as well as other public corporations of popular election.
The government may not take into account certain disabilities and requirements to make such appointments.
In order to determine the suitability of appointments to public corporations elected regional v local, the national government may consult with the respective local authorities. Effective Notes

Legislation Previous


ARTICLE 16. The direction of any peace process solely for the President of the Republic responsible for the preservation of public order throughout the nation. Behalf of the Government who participate in the dialogue and peace agreements, they will do so in accordance with the instructions he issued to them.
The President of the Republic may authorize the participation of representatives of various sectors of civil society in discussions and dialogues referred to in this Chapter, when in his judgment to collaborate in the development of the peace process. Effective Notes

Legislation Previous


ARTICLE 17. The provisions of this Chapter apply to the popular militias whom the national government recognizes political. Effective Notes

Effective Jurisprudence

Legislation Previous



ARTICLE 17-A. Representatives authorized by the Government may perform any act aimed to establish contacts with the paramilitaries calls and conclude agreements with them in order to achieve submission to the law and their reintegration into civilian life. Effective Notes


ARTICLE 17-B. Persons involved in the talks and the conclusion of agreements in this Chapter with the authorization of the National Government refers to not criminally liable because of their involvement in them. Effective Notes


TITLE II.
ATTENTION TO VICTIMS OF TERRORIST ATTACKS

CHAPTER I. GENERAL PROVISIONS

ARTICLE 18. For the purposes of this Act means those victims who suffer damages because of the terrorist bombings or explosives, guerrilla attacks and fighting indiscriminately affecting the population and massacres carried out in discriminately by ideological or political against a group of civilians in the context of internal armed conflict reasons. PARAGRAPH 1.
. In cases of doubt, the Board of the Social Solidarity Network of the Presidency of the Republic shall determine whether the measures referred to in this Title or not applicable. PARAGRAPH 2.
. For all purposes of this Act, every time you mention the "Fund for Solidarity and Social Emergency" and / or Decree 2133 of 1992, should read "Social Solidarity Network", in accordance with laid down in Decree 2099 PARAGRAPH 3. 1994.
. Entiéndanse extended all the benefits of this Title to the events on the occasion of the guerrillas and fighting attacks affecting as indiscriminate civilians and massacres carried out in discriminately for ideological or political reasons against a group of civilians under the internal armed conflict. Effective Notes

Legislation Previous


ARTICLE 19. In implementing the principle of social solidarity, and given the special damage suffered by the victims of terrorist attacks, they receive humanitarian assistance, meaning the indispensable assistance to address urgent and necessary requirements to meet the constitutional rights of those persons who have been undermined by the terrorist action. Such assistance will be provided by the Fund for Solidarity and Social Emergency developing its constitutional order, and other public entities within the framework of its legal competence. Effective Notes


ARTICLE 20. The Colombian Institute of Family Welfare, developing their protection and prevention programs, provide priority assistance to minors who have been left without family or having it, it will not be in a position to care for reason of terrorist attacks referred to in this Title. The national government will allocate the budgetary resources to the Colombian Institute of Family Welfare for the development of this program. Effective Notes


ARTICLE 21. Whenever a terrorist attack the local Committee for the Prevention and Attention of Disasters or lack of it occurs, the office who does his times, shall prepare the census of homeless, a term not exceeding five ( 5) working days from the occurrence of the bombing days in which the necessary information for purposes of the complete application of the provisions of this Title, in accordance with the format established by the Social Solidarity Fund and Emergency be included.
These lists of victims may be reviewed at any time by the Fund for Solidarity and Social Emergency, which will verify the quality of victims of people listed as victims there.
When the Social Solidarity Fund and Emergency establishes that one of those contained in the respective census or received some form of assistance provided in this Title, no victim had the character of the person concerned, in addition to the penalties that may apply, sanctions forfeit all rights under this Title and the respective entity shall demand the repayment of sums that have delivered or paid on his behalf or goods that he has given him. If it's credit, the establishment has been granted may keep readjusting the conditions at the market rate. Effective Notes


CHAPTER II.
ASSISTANCE IN HEALTH

ARTICLE 22.
hospital, public or private institutions, the national territory, providing health services, are required to immediately attend to the victims of the terrorist attacks that require it, regardless of socioeconomic capacity the plaintiffs of these services without requiring a precondition for admission. Effective Notes

ARTICLE 23.
services hospital medical, surgical and consist of:
1. Hospitalization.
2. medical and surgical equipment, osteosynthesis and orthotics, according to the technical criteria set by the Ministry of Health.
3. Medicines.
4. medical fees.
5. Support services such as laboratory blood banks, diagnostic images.
6. Transport.
7. Physical rehabilitation services, for time and according to the technical criteria set by the Ministry of Health.
8. Mental rehabilitation in cases where as a result of the terrorist attack remains severely disabled person to lead a normal life according to their situation, and the time and according to the technical criteria set by the Ministry of Health. Effective Notes


ARTICLE 24. The recognition and payment of the services that the previous article to be made through the Ministry of Health, under the resources provided by the Fund for Solidarity and Social Emergency of the Presidency of the Republic, in accordance with the provisions of articles 26 and 47 of this Act, and subject to the procedures and rates fixed by the National Insurance Fund Board Compulsory Traffic Accident FONSAT.
Where the provision of certain services requested and there is doubt about the validity of the request, the Ministry of Health, for the purpose of taking a decision, request concept of a medical board, which shall be composed of representatives of the entities that according to the law, they have the character of government advisory bodies in health. Effective Notes

ARTICLE 25.
affiliated entities or Social Security Provident such as Social Insurance Fund, Family Compensation or Social Security Institute, who were victims of the terrorist attacks referred to in this title shall be it referred, once they are given emergency care and stabilization is achieved, the hospital institutions that define these entities so that there is the required treatment continue. Costs related to the initial emergency treatment and subsequent treatment costs will be borne by the institutions of Welfare and Social Security. Effective Notes


ARTICLE 26. The expenses for the care of victims covered with policies of health insurance companies or contracts with prepaid medicine companies will be covered by the State in accordance with the provisions of this Title, in that part package as defined in Article 23 which are not covered by insurance or respective contract or who are insufficiently services.

ARTICLE 27. The Ministry of Health shall perform the evaluation and control over aspects:
1. Number of patients treated.
2. Medical surgical actions.
3. Supplies and hospital supplies spent.
4. Cause of hospitalization and prognosis.
5. Patient's condition in front of the hospital corporation.
6. Other factors that constitute service costs, in accordance with Article 23 of this Law.

Term Notes
ARTICLE 28. The breach of the provisions of this chapter, shall be grounds for sanction by the competent authorities in carrying out their functions of inspection and surveillance in accordance with the provisions of Article 49 of Law 10 of 1,990, and other related regulations. Effective Notes


CHAPTER III.
ASSISTANCE IN HOUSING

ARTICLE 29. Households affected by terrorists this Title refers to acts can access the Family Housing Subsidy dealt with in Act 3 of 1991, but for this purpose take into account the value of the solution the acquisition or housing recovery is subject to financing.

The Board of the National Institute of Social Housing and Urban Reform INURBE, exercise the function that gives the ordinal 7 of Article 14 of Law 3a 1991 in relation to family housing allowance that is this chapter, taking into account the constitutional duty to protect people who are in a situation of manifest weakness and the principle of solidarity, why should prioritize requests submitted households who have been victims of the acts described in this article.
In cases where because of the economic circumstances of the victims, they can not use the value of the subsidy to finance the acquisition or recovery of a housing solution, the amount thereof may be used to finance, in whole or in part, the value of rental fees for a housing solution. Effective Notes


ARTICLE 30. For the purposes of this chapter, the term "affected households" those defined in article 3 of Decree 599 of 1991, without regard to its expression in minimum monthly wages, that because of terrorist acts with bombs or explosive devices lose their solution fully or partially housing, so that does not offer the minimum conditions for habitability and stability in structures. also, have such a character of its members, the date of the terrorist act, were not owners of a housing solution and that because of those acts had lost the household member who earned their living homes. Effective Notes


ARTICLE 31. Applicants to the Family Housing Subsidy under the conditions referred to in this chapter, shall be eligible for any of the plans declared eligible by the National Institute of Social Housing and Urban Reform, INURBE. Effective Notes


ARTICLE 32. The maximum amount of the family housing subsidy referred to in this chapter shall be equivalent to five hundred (500) units of constant purchasing power (UPAC). Effective Notes


ARTICLE 33. Applications for the Family Housing Subsidy referred to in this chapter, will be attended by the National Institute of Social Housing and Urban Reform INURBE, from within the resources allocated by the Government for the National Subsidy Housing Social Interest. The respective applications will be decided within ten (10) business days following delivery. Effective Notes


Article 34 shall apply to the Family Housing Subsidy referred to in this chapter, the provisions of Act 3 of 1991, and supplementary provisions, as they are not contrary to what is available here. Effective Notes


CHAPTER IV.
ASSISTANCE ON CREDIT

ARTICLE 35. Industrial Development Institute -IFI-, rediscount loans granted various credit institutions to victims of terrorist acts referred to in this Title, to fund the replacement or repair of vehicles, machinery, equipment, Equipment, furniture and fixtures, working capital and repair or reconstruction of buildings for commercial premises.
Likewise, developing the principle of solidarity, the Central Mortgage Bank -BCH- granted directly to those affected, loans to finance reconstruction or repair of buildings.
These operations make the Industrial Development Institute -IFI- and Central Banco Hipotecario -BCH- in a total initial amount of five billion pesos ($ 5.000'000.000,00). In the event that such resources are insufficient, they may be carried out additional operations, after approval of an integrated system for the purpose by the Secretary General of the Presidency of the Republic Committee, the Manager of Industrial Development Institute IFI- and President of the Central Bank -BCH- mortgage.
PARÁGRAFO. However credit lines for replacement or repair of vehicles, the National Government will maintain insurance protection vehicle and inter-urban public transport against terrorist attacks. Effective Notes


ARTICLE 36. In carrying out its functions, the Fund for Solidarity and Social Emergency of the Presidency of the Republic, will contribute to the realization of the transactions referred to in the previous article, as follows:

A) The difference between the rate at which usually captures the Industrial Development Institute -IFI- and the rate at which the rediscount loans granted by credit institutions is made, will be covered under resources Fund for Solidarity and Social Emergency in accordance with the terms for the purpose stipulated in the agreement to be signed between the Institute of Industrial Development -IFI- and Social Solidarity Fund and Emergency.
B) The difference between the rate of uptake of Central Banco Hipotecario -BCH- and the rate at which credit is granted effectively be covered, increased by three (3) points, from the resources of the Solidarity Fund Social Emergency and under the terms stipulated in the agreement to that effect is signed between the Central Bank and the Fund Mortgage -BCH- Solidarity and Social Emergency.
The agreements referred to in this article, the conditions and amounts may be re-discountable credit both by the Institute of Industrial Development will be needed, such as those granted by the Central Mortgage Bank, in implementing this chapter, for which the principle of solidarity and duty to protect people who are in obviously vulnerable circumstances are taken into account. Effective Notes


ARTICLE 36-A. Developing the principle of solidarity, the Fund for Financing the Agricultural Sector, Finagro, will rediscount operations carried out by entities belonging to the National Agricultural Credit System to victims of the violence of which Article 18, for finance working capital loans and investment.
These operations will make the Fund for Financing the Agricultural Sector, Finagro in a total initial amount of two billion pesos (52 billion) for fiscal year 1996. If such resources are insufficient, additional operations may be carried out. Effective Notes


ARTICLE 36-B. In carrying out its functions, the Social Solidarity Network of the Presidency of the Republic will contribute to the realization of the transactions referred to in the previous article, as follows:
The difference between the rate at which usually captures the Fund Financing the Agricultural Sector, Finagro, and the rate at which the rediscount credits granted by credit institutions will be covered under the resources of the Social Solidarity Network is made according to the terms for effect stipulated in the agreement to be signed between the Fund for Financing the Agricultural Sector, Finagro and Social Solidarity Network.
The agreement referred to in this Title, the conditions and amounts that may be the re-discountable loans by the Fund for Financing the Agricultural Sector in implementing this Chapter shall exist. for which the principle of solidarity and duty to protect people who are in obviously vulnerable circumstances are taken into account. Effective Notes


ARTICLE 37. Credit institutions designed to study appropriate procedures for credit applications referred to in this chapter as a priority, in the shortest possible time and requiring only the strictly necessary documents for the effect.
The Banking Superintendency shall ensure the application of the provisions of this Article. Effective Notes


ARTICLE 38. The Social Solidarity Fund and Emergency centralize information on persons who benefitin credits established here, with the data for the effect they must provide credit facilities granted various loans, with the so that financial institutions and public authorities to have accurate information on people who have benefited from specific credit line. Effective Notes


ARTICLE 39. In those cases in which the victims of the acts referred to in this title to be found in inability to provide sufficient guarantee in accordance with sound practices in the financial market, to account for the appropriations in the previous articles, these credits may be guaranteed by the "guarantee Fund for Solidarity".

For purposes of the provisions of the preceding paragraph, in developing its constitutional order and in exercise of the powers granted by Decree 2133 of 1992, the Fund for Solidarity and Social Emergency may enter into a trust agreement with the trust subsidiary the Institute of Industrial development, in order to create the "guarantee Fund for Solidarity", whose function is to guarantee payment of loans granted in application of this chapter by credit institutions through rediscount lines Institute Industrial Development -IFI- as well as directly granted by the Central Banco Hipotecario -BCH- victims of terrorist attacks. in the cases mentioned in the first paragraph of this article.
The trust subsidiary of the Industrial Development Institute IFI-, the certificate of warranty in a period not exceeding two (2) working days from the date of submitting the relevant application to the trust and it has demonstrated compliance with the relevant requirements.
PARÁGRAFO. Those who intend to be beneficiaries of the guarantee in this article must prove their status as victims and their inability to provide guarantees to the Fund for Solidarity and Social Emergency, which may issue certificates of this information destined for credit institutions, based in the lists referred to in Article 21 of this Law.

Term Notes
ARTICLE 40. The respective credit establishment may make cash to the trust subsidiary of the Industrial Development Institute -IFI-, as administrator of the Fund, the certificate of guarantee to be reimbursed the balance upon Please, provided that in addition to meeting other conditions have been agreed, credit the Fund fruitlessly forward the necessary actions for recovery of sums due, according to what is designated in the contract under which the Fund believes Solidarity Guarantee. Effective Notes


ARTICLE 40-A. In those cases in which the victims of violent that Article 18 refers to facts found in inability to provide sufficient guarantee in accordance with sound practices in the financial market, to account for the appropriations in previous articles, such credits may be guaranteed by the Agricultural guarantee Fund, FAG.
For purposes of the provisions of the preceding paragraph, in developing its institutional object and in exercise of the powers granted by Decree 2099 of 1994, the Social Solidarity Network may conclude a cooperation agreement with the Agricultural Fund guarantees, FAG, whose function is to guarantee payment of loans granted in implementation of this Chapter by credit institutions through lines rediscount Fund for Financing the Agricultural Sector, Finagro, victims of violent acts that is Article 18 in the cases mentioned in the first paragraph of this article.
The Agricultural Guarantee Fund, FAG. issue a certificate of warranty in a period not exceeding three (3) working days from the date on which it made the respective request to FAG and has demonstrated compliance with the relevant requirements.
PARÁGRAFO. Those who intend to be beneficiaries of the guarantee in this article must prove their status as victims and their inability to provide guarantees to the Social Solidarity Network, which may issue certificates of this information destined for credit institutions based on lists Article 24 of this Law refers to.

Term Notes
ARTICLE 40-B. The establishment of the respective credit may make cash to the Agricultural Guarantee Fund, FAG. the certificate of guarantee to be reimbursed the balance in his favor, provided that in addition to meeting other conditions have been agreed, credited to the Social Solidarity Network fruitlessly forward the necessary actions for the recovery of sums due, according to what is designated in the contract between the Social Solidarity Network and the Fund in question. Effective Notes

CHAPTER V.


education assistance

ARTICLE 41. The benefits referred to in Decrees 2231 of 1989 and 48 of 1990, will also be granted to victims of terrorist attacks. In this case, the Fondo Solidarity and Social Emergency issue the certification, based on the lists referred to in Article 21 of this Law refers.

Term Notes
CHAPTER VI.

ASSISTANCE WITH PARTICIPATION OF NON-PROFIT ORGANIZATIONS
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