1994 (December 22)
Official Gazette No. 41,643, of December 22, 1994
Through which approved the "Treaty Establishing the Conference of Ministers of Justice Countries Iberoamericanos ", signed in Madrid on 7 October 1992. Summary
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "Treaty Establishing the Conference of Ministers of Justice of Ibero-American Countries", signed in Madrid on October 7, 1992:
ESTABLISHING tHE CONFERENCE oF MINISTERS oF JUSTICE oF COUNTRIES IBEROAMERICANOS
the States Parties to this Treaty
Conscious of the deep historical, cultural and legal ties that unite them Desiring to translate such links
on legal cooperation instruments
Recognizing the important contribution to that task, carried far by the Conference of Ministers of Justice of the Hispano-Luso-American Countries, established by the Act of 1970
Madrid Determined to continue such work, adopting an appropriate international instrument
Whereas the Conference of Ministers of Justice of the Hispano-Luso-American countries, meeting in Acapulco in 1988 recommended the holding of an extraordinary Plenipotentiary Conference in Spain in 1992 Quincentennial occasion to adopt such an instrument.
Have resolved to adopt a constitutive International Treaty Conference of Ministers of Justice of Latin American Countries and to this end have designated their respective plenipotentiaries, whose powers have been found in good and due form, who have agreed to that effect the provisions following:
CONSTITUTION ARTICLE 1o. The Conference of Ministers of Justice (hereinafter the Conference) in Latin American countries, is an intergovernmental organization resulting from the processing of the Conference of Ministers of Justice Hispano-Luso-American and the Philippines, established by the Act of Madrid 19 September 1970. HEADQUARTERS
. The Conference is based in Madrid. FINES
1. The Conference aims to promote the study and forms of legal cooperation between Member States and this effect:
a) Prepares cooperative programs and analyzes their results;
B) Adopts Legal Treaties;
C) adopts resolutions and makes recommendations to States;
D) Promotes consultations among member countries on issues of common interest and legal nature and appoints Committees of Experts;
E) elects the members of the Executive Committee and the Secretary General;
F) Carries out any other activity aimed at achieving the objectives of its own.
2. To best accomplish its purposes, the Conference may establish relations with other organizations, especially the Organization of American States, the Council of Europe and the European Community.
Principle of noninterference
ARTICLE 4. In no event shall be admitted for consideration materials which, at the discretion of the country concerned, involving interference in their internal affairs. MEMBERS
The 5th ITEM.
1. The Conference is open to all members States of the Community of Latin American Countries represented by the Ministers of Justice or equivalent. Each State Party shall have one vote.
2. Exclusion or suspension of a state party, can only be produced by a vote of two thirds of the States Parties. LANGUAGES
ARTICLE 6o. The official and working languages of the Conference with the Spanish and Portuguese languages. BODIES
ARTICLE 7. The organs of the Conference, the Executive Committee and the Permanent Secretariat. QUORUM
1. The Conference is quorate with the majority of States Parties.
2. The recommendations addressed to States, the adoption of treaties and adoption of the budget and its liquidation, require two-thirds majority of States Parties present.
3. The remaining resolutions require a simple majority of States Parties present. PERSONALITY
Article 9. The Conference shall have legal personality.
Privileges and Immunities
ARTICLE 10. The Conference shall enjoy in all States of the privileges and immunities under international law, required for the exercise of their functions. Such privileges and immunities may be defined by agreements concluded by the Conference and the State party concerned. FINANCING
1. The budget of the Conference will be financed by contributions from States, according sharing rules established by the Conference, taking into account the level of economic development of each of those.
2. The budget will triennial basis and will be prepared by the General Secretariat. The Conference approves the budget and its implementation.
EXECUTIVE COMMITTEE ARTICLE 12.
1. The Executive Committee of the Conference is composed of five members elected in each of the Conferences participants to it, by a majority of half plus one of the votes cast. His mandate until the new election and its members can be reappointed.
FUNCTIONS OF THE EXECUTIVE COMMITTEE
1. The Executive Committee assumes, when the Conference is not in session, the functions entrusted to it in paragraphs a), d) and f) Number 1 of the 3rd article, agreed to convene the Conference, indicating the place and date of the meeting.; prepares the draft agenda in accordance with the priorities established by the Conference and adopt the texts to be submitted to the decision of the Conference.
PERMANENT SECRETARY GENERAL ARTICLE 14.
1. The Permanent Secretariat of the General Conference is composed of a Secretary General elected by the Conference. FINAL PROVISIONS
1. This Treaty shall be open for signature by Member States of the Community of Latin American countries.
2. The duration of this Agreement is unlimited.
3. Any Contracting State may denounce it by sending a notification to that effect to the Secretary General. The denunciation shall take effect six months after the date of notification.
4. This Treaty shall be subject to ratification or accession shall be deposited the instrument at the Permanent Secretariat of the General Conference.
5. Until the entry into force of this Treaty shall continue in force the Final Act of the Conference of Madrid of 19 September 1970 and the regulations adopted by Resolution No. 4 of the Conference of Ministers of Justice of the Hispano-Luso-American countries and the Philippines.
1. This Treaty shall enter into force on the first day of the third month following that in which the seventh instrument of ratification or accession with the General Secretariat of the Conference Standing deposit.
2. With reference to each of the States which ratify or accede to it after the deposit referred to in the previous issue, the Treaty will enter into force ninety days after the deposit of its instrument of ratification or accession .
1. The Secretary General of the Conference shall notify the States party to this Treaty:
a) the deposit of instruments of ratification or accession;
B) The date of entry into force of the Treaty;
C) Any denunciation of the Treaty and the date it was received the respective notification.
Done in Madrid on October 7, 1900
ninety two, in duplicate, in
Spanish and Portuguese languages, both texts being equally authentic.
In witness whereof, the undersigned plenipotentiaries, being duly authorized
thereto by their respective Governments,
have signed this Treaty.
Made in Madrid em Outubro 7 thousand and ninety novecentos
e dois, duplicate em, em dois languages, spanish
and Portuguese texts Tem cujos to autenticidade mesma.
Em seu Testemunho you abaixo assinados plenipotentiaries,
authorized or Efeito seus respective Governos hairs, or this Treaty assinaram
MARCELINO RODRIGUEZ CABANAS,
Secretary General of the Conference of Ministers of Justice
of the Hispano-Luso-American countries and the Philippines, CERTIFY
That the former text of the "Treaty Establishing of the Conference of Ministers of Justice of Ibero-American Countries ", duly authenticated with my signature, agrees faithfully with the original deposited with the General Secretariat Permanent of my office.
In Madrid, four of February in 1993.
PUBLIC POWER EXECUTIVE BRANCH - PRESIDENCY OF THE REPUBLIC
Bogotá, DC, 1o.
June 1993. Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) RUBIO Noemi Sanin. DECREES
ARTICLE 1o. Approval of the "Treaty Establishing the Conference of Ministers of Justice of Ibero-American Countries", signed in Madrid on October 7, 1992.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Treaty Establishing the Conference of Ministers of Justice of Ibero-American Countries", signed in Madrid on October 7, 1992, that the first article of this law is passed, will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This Law governs from the date of publication.
The President of the honorable Senate, GUILLERMO JUAN ANGEL MEJIA
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives
BENEDETTI ALVARO VARGAS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT.
Communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Bogota, DC, 22 December 1994.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Justice and Law, NEIRA
Nestor Humberto Martinez.