ACT 145 OF 1994
Official Gazette No. 41,444, of July 15, 1994
Through which the "Agreement Establishing the Fund for the Development of Indigenous Peoples approved Latin America and the Caribbean ", signed in Madrid on 24 July 1992. Summary
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "Agreement Establishing the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean", signed in Madrid on July 24, 1992.
AGREEMENT ESTABLISHING tHE FUND
DEVELOPMENT oF INDIGENOUS PEOPLES LATlN AMERICA AND tHE CARIBBEAN
1992 UN High Contracting Parties:
convened in the city of Madrid, Spain, on the occasion of the Second Summit of Ibero-American States on 23 and 24 July 1992;
Recalling the terms of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights;
Considering the international standards contained in the Convention of the International Labour Organization on Indigenous and Tribal Peoples, adopted by the International Labour Conference in 1989;
Adopt, in the presence of representatives of indigenous peoples of the region, the following Agreement Establishing the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean:
ARTICLE 1o. PURPOSE AND FUNCTIONS.
1.1 Purpose. The purpose of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean, hereinafter referred to as "Indigenous Fund", is to establish a mechanism to support the processes of self-development of peoples, communities and indigenous organizations in Latin America and the Caribbean, hereinafter called "Indigenous Peoples".
Be understood by the term "Indigenous Peoples" indigenous peoples who descend from populations that inhabited the country, or a geographical region to which the country belongs at the time of conquest or colonization or the establishment of current state borders and that, whatever their legal status, retain all their own social, economic, cultural and political institutions, or part of them. In addition, awareness of their indigenous identity should be considered a fundamental criterion for determining the groups to which the provisions of the present Convention shall apply.
The use of the term peoples in this Convention shall not be interpreted as meaning that any implications as regards the rights which may attach to the term under international law.
1.2 Functions. To achieve achieve the purpose set out in paragraph 1.1 of this article, the Indigenous Fund shall have the following basic functions:
a) Provide a forum for dialogue to achieve consensus in policy development, technical assistance operations , programs and projects of interest to indigenous peoples, with the participation of the Governments of the States of the region, Governments of other States, agencies providing resources and indigenous peoples themselves;
B) To channel financial and technical resources for priority projects and programs resources, concluded with Indigenous Peoples, ensuring that help create the conditions for self-development of these peoples;
C) Provide training resources and technical assistance to support institutional strengthening, capacity management, human resource training and information and likewise research of Indigenous Peoples and their organizations.
. MEMBERS AND RESOURCES. 2.1
Members. They are members of the Indian States deposited in the General Secretariat of the Organization of the United Nations the instrument of ratification, in accordance with their internal constitutional requirements and in accordance with paragraph 14.1 of Article 14 of this Convention Fund.
2.2 Resources. They constitute the Indigenous Fund Contributions of Member States, contributions from other States, multilateral, bilateral or national public or private, institutional donors and net income generated by the activities and investments of the Indigenous Fund. 2.3 Instruments
contribution. Contribution instruments shall be signed by each Member State to establish its respective commitments to contribute to the Fund indigenous resources to form the capital of the Fund, in accordance with paragraph 2.4 protocols. Other contributions shall be governed by the provisions of article 5. of this Agreement.
2.4 Nature of contributions. Contributions to the Indigenous Fund may be made in foreign currency, local currency, technical assistance and in kind, in accordance with regulations adopted by the General Assembly. Contributions in local currency shall be subject to conditions value maintenance and exchange rate.
ARTICLE 3. ORGANIZATIONAL STRUCTURE.
3.1 Organs of the Indigenous Fund. The organs of the Indigenous Fund the General Assembly and the Board.
3.2 General Assembly.
A) Composition. The General Assembly shall consist of:
(i) an accredited by the Government of each of the Member States delegate and
(ii) a delegate of Indigenous Peoples of each member state in the region of the Indigenous Fund accredited by their respective governments after consultations carried effect with indigenous organizations of that State.
(I) decisions are taken by the unanimous affirmative vote of the delegates of the States of the region Members of the Indigenous Fund, as well as most of the concurring votes of the representatives of other Member States and the most of the concurring votes of the delegates of Indigenous Peoples.
(Ii) in matters affecting Indigenous Peoples of one or more countries, will usually require the affirmative vote of their delegates.
C) Regulation. The General Assembly shall adopt its rules of procedure and others it deems necessary for the functioning of the Indigenous Fund.
D) Functions. The functions of the General Assembly are not limited to:
(i) formulate the general policy of the Indigenous Fund and to adopt the measures necessary to achieve its objectives;
(Ii) approve the basic criteria for the preparation of plans, projects and programs to be supported by the Indigenous Fund;
(Iii) approve the membership, in accordance with the provisions of this Agreement and the rules established by the General Assembly;
(Iv) approve the annual program and budget and the periodic financial statements of the Indigenous Fund;
(V) to elect the members of the Board that paragraph 3.3 refers and that Council delegate the powers necessary for the functioning of the Indigenous Fund;
(Vi) approve the technical and administrative structure of the Indigenous Fund and appoint the Technical Secretary;
(Vii) approve special agreements enabling non-Member States, as well as public and private organizations, cooperate with or participate in the Indigenous Fund;
(Viii) approve any changes in the Articles of Agreement and subject to ratification by Member States, where appropriate;
(Ix) To terminate the operations of the Indigenous Fund and appoint liquidators.
E) Meetings. The General Assembly shall normally meet once a year and extraordinarily, as often as necessary, on its own initiative or at the request of the Board, in accordance with the procedures established in the regulations of the General Assembly. 3.3
A) Composition. The Board shall be composed of nine members elected by the General Assembly, representing equally the Governments of the States of the region. Members of the Indigenous, Indigenous Peoples of those same members and the governments of the other Member States States Fund. The term of the members of the Board shall be two years and must provide their alternation.
(I) decisions are taken by the unanimous affirmative vote of the delegates of the States of the region Members of the Indigenous Fund, as well as most of the concurring votes of the representatives of other Member States and the most of the concurring votes of the delegates of Indigenous Peoples;
(Ii) decisions of the Board involving a particular country also require, for their validity, the approval of the State Government concerned and the beneficiary Indigenous People, through the most appropriate mechanisms.
C) Functions. In accordance with the rules, regulations and guidelines approved by the General Assembly, are functions of the Board:
(i) propose to the General Assembly complementary regulations and standards for meeting the objectives of the Indigenous Fund, including regulations Council;
(Ii) appoint among its members its President, by voting mechanisms specified in paragraph 3.3 (b);
(Iii) take the necessary measures to comply with this Agreement and decisions of the General Assembly;
(Iv) evaluate the technical and administrative needs of the Indigenous Fund and propose the corresponding measures to the General Assembly;
(V) manage the resources of the Indigenous Fund and authorize the contracting of credit;
(Vi) increase the consideration of the General Assembly the proposed annual program and budget and the periodic financial statements of the Indigenous Fund;
(Vii) consider and approve programs and projects eligible for support from the Indigenous Fund, in accordance with its objectives and regulations;
(Viii) manage and provide technical assistance and support needed for the preparation of projects and programs;
(Ix) promote and establish mechanisms for consultation between the Member States of the Indigenous Fund, cooperating entities and beneficiaries;
(X) propose to the General Assembly the appointment of the Technical Secretary of the Indigenous Fund;
(Xi) temporarily suspend the operations of the Indigenous Fund until the General Assembly has the opportunity to review the situation and take appropriate measures;
(Xii) exercise the other powers conferred upon this Agreement and the functions assigned to the General Assembly.
D) Meetings. The Board shall meet at least three times a year, in the months of April, August and December and extraordinarily, when necessary.
ARTICLE 4. ADMINISTRATION.
4.1 Technical and administrative structure.
A) The General Assembly and the Board shall determine and establish the structure of technical and administrative management of the Indigenous Fund, according to Article 3.2 (d) (vi) and 3.3 (c) (iv) and (x) . This structure, hereinafter called the Technical Secretariat shall be composed of highly qualified personnel in terms of training and experience and shall not exceed ten people, six professional and four administrative. Additional staffing requirements for projects may be met by hiring temporary staff;
B) The General Assembly considered necessary, may extend or modify the composition of the Technical Secretariat;
C) The Technical Secretariat shall operate under the direction of a Technical Secretary appointed in accordance with the provisions referred to in paragraph (a) above.
4.2 Management contracts. The General Assembly may authorize the signature of administration contracts with entities possessing the resources and expertise required to carry out the technical, financial and administrative management of the resources and activities of the Indigenous Fund.
The 5th ITEM. COOPERATING ENTITIES.
5.1 Cooperation with entities that are not members of the Indigenous Fund. The Indigenous Fund may sign special agreements, approved by the General Assembly, to enable States that are not members, as well as local, national and international, public and private organizations, contribute to the capital of the Indigenous Fund, to participate in its activities, or both of them.
ARTICLE 6o. OPERATIONS AND ACTIVITIES.
6.1 Organization of operations. The Indigenous Fund shall organize its operations through a classification by areas of programs and projects to facilitate the concentration of administrative and financial efforts and programming by means of periodic resource to allow implementation of the objectives of the Indigenous Fund.
6.2 Beneficiaries. Programs and projects supported by the Indigenous Fund benefit directly and exclusively to the Indigenous Peoples of Latin American and Caribbean countries that are members of the Indigenous Fund or have signed a special agreement with the Fund to enable the participation of Indigenous Peoples your country in the activities thereof, pursuant to article 5.
6.3 Eligibility criteria and priority. The General Assembly shall adopt specific criteria can interdependently and taking into account the diversity of beneficiaries, determine the eligibility of applicants and beneficiaries of the operations of the Indigenous Fund and prioritize programs and projects.
6.4 Conditions of financing.
A) Taking into account the diverse and particular characteristics of the potential beneficiaries of programs and projects, the General Assembly shall establish flexible parameters to be used by the Board to determine the modalities of financing and establish the conditions of implementation for each program and project in consultation with stakeholders;
B) In accordance with the aforementioned criteria, the Indigenous Fund awarded grants, loans, guarantees and other appropriate funding, alone or combined modalities.
ARTICLE 7. EVALUATION AND MONITORING.
7.1 Evaluation of the Indigenous Fund. The General Assembly shall periodically evaluate the functioning of the Indigenous Fund as a whole according to the criteria and means it considers appropriate.
7.2 Evaluation of programs and projects. The development of programs and projects will be evaluated by the Board. especially applications that purpose eleven beneficiaries of such programs and projects will be taken into account.
Article 8. WITHDRAWAL OF MEMBERS.
8.1 Right of withdrawal. Any Member State may withdraw from the Indigenous Fund by addressed to the Chairman of the Board, who shall notify the General Secretariat of the United Nations written communication. The withdrawal shall take effect one year from the date of receipt of such notification.
8.2 Settlement of accounts.
A) Contributions from Member States to the Indigenous Fund will not be returned in case of withdrawal of the Member State;
B) The Member State which has withdrawn from the Indigenous Fund shall remain liable for the sums owed to the Indigenous Fund and obligations with the same before the date of termination of your membership.
Article 9. TERMINATION OF OPERATIONS.
9.1 Termination of Operations. The Indigenous Fund may terminate its operations by decision of the General Assembly shall appoint liquidators, determine the payment of debts and the distribution of assets proportionally among its members.
10.1 Legal status.
A) The Indigenous Fund shall have legal personality and full capacity:
(i) to contract;
(Ii) to acquire and dispose of movable and immovable property;
(Iii) accept and grant loans and grants, give guarantees, purchase and sell securities, invest funds not committed for its operations and conduct financial transactions necessary for the fulfillment of its purpose and functions;
(Iv) initiate legal or administrative proceedings and appear in court;
(V) perform all other actions required for the development of its functions and the fulfillment of the objectives of this Agreement.
B) The Fund shall exercise these capabilities in accordance with the legal requirements of the Member State in which to conduct its operations and activities.
ARTICLE 11 IMMUNITIES AND PRIVILEGES.
11.1 Granting of immunities. Member States shall, in accordance with their legal regime, provisions were necessary to give the Indigenous Fund the immunities, exemptions and privileges necessary for the fulfillment of its objectives and carry out its functions.
ARTICLE 12. MODIFICATIONS.
12.1 Amendment of the Convention. This agreement may be amended only by unanimous agreement of the General Assembly subject when necessary, to ratification by Member States.
ARTICLE 13. GENERAL PROVISIONS.
13.1 Headquarters of the Fund. The Indigenous Fund shall have its headquarters in the city of La Paz, Bolivia.
13.2 Depositories. Each Member State shall appoint as its central bank depositary so that the Indigenous Fund may keep its holdings in the currency of that Member State and other assets of the institution. If the Member State has no central bank, it shall designate in accordance with the Indigenous Fund, some other institution for that purpose.
ARTICLE 14. FINAL PROVISIONS.
14.1 Signature and Acceptance. This Agreement shall be deposited with the General Secretariat of the Organization of the United Nations, which will be open for subscription by the representatives of the Governments of the States of the region and other States wishing to become Members of the Indigenous Fund.
14.2 Entry into force. This Agreement shall enter into force when the instrument of ratification have been deposited pursuant to paragraph 14.1 of this article, at least three states in the region.
14.3 Complaint. Each Member which has ratified this Convention may denounce it by addressed to the Secretary General of the Organization of the United Nations Act. Such denunciation shall not take effect until one year after the date on which it is registered.
4.4 Initiation of operations.
A) The Secretary General of the Organization of the United Nations convened the first meeting of the General Assembly of the Indigenous Fund as soon as this Agreement enters into force in accordance with paragraph 14.2;
B) At its first session, the General Assembly will adopt the necessary for the appointment of Board measures in accordance with what provided in subsection 3.3 (a) of Article 3. and for the determination of the date on which the Indigenous Fund shall commence operations.
ARTICLE 15. TRANSITIONAL PROVISIONS.
15.1 Interim Committee. Once signed this Convention by five States of the region, and without generating obligations for States that have not ratified, an interim committee will be established with composition and functions similar to those described for the Board in paragraph 3.3 of duties the 3rd article. of this Convention.
15.2 Under the direction of the Interim Committee a Technical Secretariat of the characteristics indicated in paragraph 4.1 of Article 4 will be formed. of this Convention.
15.3 The activities of the Interim Committee and the Technical Secretariat will be funded by voluntary contributions from States that have signed the Convention, as well as contributions from other States and entities, through technical cooperation and other forms of assistance that States or other entities they can arrange with international organizations.
Made in the city of Madrid, Spain,
in one original dated 24 July 1992
whose Spanish, Portuguese and English
texts being equally authentic.
The undersigned Head of the Legal Office of the Ministry
That this faithful reproduction is taken photocopy of the certificate text of the "Agreement Establishing the Fund for the Development of Peoples Indians of Latin America and the Caribbean ", signed in Madrid on July 24, 1992, which lies in the archives of the Legal Office of the Ministry.
Given in Bogota, DC, on the twenty
(21) days of July 1993.
The Chief Legal Office, MARTHA
HOPE WHEEL MERCHÁN.
Power Executive Branch Public
Presidency of the Republic Santafe de Bogota, DC
Approved. Submit to the consideration of the Honorable
National Congress for constitutional purposes.
(FDO.) César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) RUBIO Noemi Sanin. DECREES
ARTICLE 1o. To approve the "Agreement Establishing the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean", signed in Madrid on 24 July 1992. Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement Establishing the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean", signed in Madrid on July 24, 1992, that article 1. of this Act is approved, it will force the country from the date the international link regarding the same is perfected.
ARTICLE 3. This Law governs from the date of publication.
The President of the Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
notified, published and execute.
After review by the Constitutional Court
accordance with Article 241-10 of the Constitution.
Given in Bogota, DC, on July 13, 1994.
César Gaviria Trujillo.
The Minister of Government,
FABIO RAMIREZ VILLEGAS.
The Minister of Foreign Affairs, Noemi Sanin RUBIO