ACT 199 OF 1995
Official Gazette No. 41,936 of July 22, 1995
Whereby the name of the Ministry of Government changes and the general principles and rules subject to which the national government will modify its organizational structure and other provisions are set. Summary
THE CONGRESS OF COLOMBIA,
DECREES: TITLE I.
MODIFICATION OF THE MINISTRY OF GOVERNMENT IN THE OFFICE.
ARTICLE 1o. MODIFICATION OF THE MINISTRY OF GOVERNMENT IN THE OFFICE. The Ministry of Government is amended in accordance with the general principles and rules that are set in this Law. He referred to hereinafter as the Ministry of the Interior, will keep the order of precedence from him, and will act as the same for all legal purposes on aspects that do not conflict with its purpose and functions under this Act.
. OBJECT. Respecting the responsibilities and competences of the other state institutions and especially local authorities, the Ministry of Interior, under the supreme direction of the President of the Republic, will address formulate and adopt appropriate policies to the following matters: || | 1. The order and territorial autonomy, relations between the Nation and territorial entities regarding the decentralization policy and institutional development.
2. Political affairs, participatory and pluralistic democracy, citizen participation in the life and social and political organization of the Nation.
3. Rights and fundamental freedoms, public order, peace, peaceful coexistence and protection of the right to freedom of religion and worship.
4. Issues and rights of ethnic groups: indigenous peoples, the black community and the native Raizal community of the Archipelago Department of San Andres, Providencia and Santa Catalina and other ethnic communities.
5. Ensure the normal development of the electoral process. Effective Jurisprudence
6. The orientation and direction of the National System for Prevention and Attention to Disasters; and special emergency care forcibly displaced by violence; and
To fulfill its purpose, the Ministry of the Interior will work in coordination with other competent authorities.
ARTICLE 3. SECTOR OF THE INTERIOR. The Interior Sector is composed of the Ministry of Interior and entities as are assigned and linked.
ARTICLE 4. ADMINISTRATIVE SYSTEM OF THE INTERIOR. They are autonomous levels of collaboration of the Administrative System Interior respective Ministries of Government or other units, agencies and administrative units exercising in the territorial entities within its sphere of competence and jurisdiction, similar functions to those entrusted to the interior industry . Interior Administrative System is made up of the sector of the internal and autonomous levels above collaboration.
Those who make up the Administrative System Interior harmonically cooperate with each other, under the principles of coordination, subsidiarity and competition, for the purpose of carrying out the purposes entrusted to the State in matters within its competence.
PARÁGRAFO. The powers that laws issued before the effective date of this Act, is there Were instructed the public sector of government or the sectional bodies or local members thereof, shall be exercised by the agencies that make up the sector and the system of the interior, in its competence.
OFFICE FUNCTIONS, PRINCIPLES AND RULES FOR THE ORGANIZATION OF THE SECTOR OF INTERIOR.
The 5th ITEM. FUNCTIONS. In addition to the general duties assigned to the Ministry, the Interior Ministry will exercise developing the object that is article 2 of this Act and under the supreme direction of the President of the Republic, the following functions:
1. In connection with the ordering and territorial autonomy and the relations between the nation and its territorial entities regarding the decentralization policy and institutional development, is responsible for formulating, coordinating and evaluating policies on territorial matters, promote land use planning in order implement, support and strengthen institutions willing to administer the territory; promote cooper between local authorities and the nation, and the processes of decentralization, deconcentration and administrative delegation, in coordination with relevant entities of national and territorial. For these purposes will, among others, the following powers:
a) Serve as a collaborative administrative level: political management of territorial internal affairs, channel the demands of local authorities regarding their autonomy and political consolidation and institutional and manage the political purposes of decentralization and autonomy in their political and state issues;
B) Ensure that the decentralizing vocation congregates national political will; promote regional agreements around the purposes of regional and national development, in coordination with the legally competent bodies; and contribute to the creation of spaces conclusion of legislative work between the Congress and the territorial authorities;
C) To coordinate the legislative agenda of the National Government in all matters having to do with the order, territorial autonomy and decentralization; and ensure the institutional and policy coherence of territorial autonomy and administrative decentralization;
D) Convene civil society for insertion into the management of territorial development and the great national purposes;
E) Act as higher administrative authority in consultation processes aimed at the organization of the territory; acting by delegation of the President of the Republic in search of political agreements at different levels on the subject; and promote forums and desirable bodies for the participation of civil society in the consolidation of the institutions that administer the territory;
F) Provide support and competition in the formation of provinces, regions and indigenous territorial entities;
G) To promote, strengthen and coordinate actions to provide the institutional and political support, advice and training to local authorities and other forms of administration of the territory, in order to modernize their processes of organization and management, to guarantee the constitutional principles of the exercise of administrative functions;
H) Ensure that the competences conferred on the various territorial levels in the Organic Law on Land Management, be exercised in accordance with the principles of coordination, competition and subsidiarity;
I) Exercise and administrative level of collaboration and consultation of local authorities in relation to the rules on territorial public administration, without prejudice, inter alia, of the role that corresponds in tax matters forward to the Directorate General of Taxation Support the Ministry of Finance and Public Credit, in accordance with Article 40 of Law 60 of 1993. in developing this power, issue concept, not binding on the requesting entity.
The consultations were acquitted, after submission to the Ministry of the Interior, through the Ministries of Government of territorial entities or his substitute.
2. Regarding political issues, participatory and pluralistic democracy and citizen participation in the life and social and political organization of the Nation, is responsible under the supreme direction of the President of the Republic, formulate policies to the modernization of political institutions and the consolidation and development of the system of participatory democracy, for which purpose will, among other functions, the following:
a) Tend strengthening the legitimacy and modernization of the state and political institutions;
B) To coordinate the action of the National Government in its relations with the Congress, without prejudice to the legislative initiative and management in the process of passing laws and responsibilities of the national government with Congress, appropriate overtake them different ministries and the national government in each of its branches;
C) Implement policies interior directly or in coordination with other entities as the case may be sector;
D) Conduct, promote or hire research and studies required for the formulation, implementation and evaluation of policies interior own sector;
E) promote directly or in coordination with the public, the competent authorities, deputies, councilors and civil society organizations, constitutional development and philosophy of the Charter on matters within its competence;
F) To encourage different forms of citizen participation through the dissemination of its procedures, training of the community to exercise and advance the analysis and evaluation of participatory and community behavior; Effective Jurisprudence
G) To ensure the consistency of the systems of citizen and community participation; and promote social audit in organizational processes and governance;
H) formulate, coordinate and promote policies under the guidance of the President of the Republic towards the development and integration of the community.
As such the Interior Ministry will define the guidelines of the policy, plans and programs for participation and community development;
I) contribute to the formation of the public, as the natural area of participatory democracy, in which the identity of the Nation will be performed and promoted the search of all the elements that unite Colombians around purposes of economic, political and social progress;
J) grant, suspend and cancel the legal status of federations and confederations community action;
K) To promote the strengthening and modernization of political parties and movements, coordinate the action of the National Government in its relations with them and encourage the integration of different social forces to achieve the great national purposes;
L) Ensure the full implementation of the Statute of the Opposition and other regulations that protect the rights of parties and political movements and independent candidates in coordination with the competent electoral authorities.
By virtue for the Ministry of Interior to promote and ensure the safeguarding of the rights of political parties and movements in the terms provided by Article 112 of the Constitution and the Constitutional Law on the matter, without prejudice of the responsibility that corresponds to the same effect to other authorities and agencies. Effective Jurisprudence
3. In relation to the rights and fundamental freedoms, public order, peace, peaceful coexistence and protection of the right to freedom of religion and worship, rightful under the supreme direction of the President of the Republic, fulfill the following functions:
a) Ensure the exercise and respect of the rights, freedoms and fundamental rights of all inhabitants of Colombia;
B) To ensure the preservation of public order in accordance with the Constitution and law,
As such the Interior Ministry will direct, coordinate and support the activities of the governors and mayors in maintaining public order and shall set the policies, operational plans and other actions necessary for that purpose;
C) Develop with other competent authorities the policy of peace, rehabilitation and reintegration. As such it will promote the adoption of programs in order to strengthen the peace process and ensure the effectiveness of rehabilitation and reintegration.
It's fundamental mission of the Ministry of Interior in coordination with the competent authorities, promote the implementation and dissemination of human rights, design-oriented social valuation policy as an element of citizen coexistence of the first order and promote constitutional development;
D) Guaranteeing freedom of religion and individual right to freely practice their religion;
E) Promoting coexistence and tolerance among avowed beliefs of churches and religious denominations;
F) Recognize the legal status to the churches. confessions and religious denominations, their federations and confederations and associations of ministers at their request, under the conditions and terms set forth in the law;
G) Organize and lead the public register of religious entities and enroll them in it; and
h) Further development of negotiation and agreements relating to internal public law of churches and religious denominations that is the law.
4. In relation to the issues and rights of ethnic groups: indigenous peoples, the black community and the raizal native community of the Archipelago Department of San Andres, Providencia and Santa Catalina and other ethnic communities, is responsible under the supreme direction of the President of the Republic, formulate policies related to such communities and other ethnic communities; and ensure their rights in cooperation with the ministries and public and private organizations to develop actions in this field. With respect to these communities, shall exercise the following powers:
4.1 In relation to indigenous peoples:
a) define the policy in indigenous matters, after consultation with indigenous peoples and other public and private agencies concerned;
B) To ensure the participation of indigenous peoples in the process of demarcation of their territories need to define the national government and promote the organization of their territoriality, in harmony with the land management and other territorial entities;
E) Ensuring the protection of indigenous reserves as inalienable collective property, ensure the integrity of indigenous territories and promote the creation, expansion and improvement of guards;
D) Ensure forms of government of indigenous territories, their councils and other traditional authorities, and define the rules according to the customs of their people,
e) To ensure and promote coordination actions necessary with the competent authorities for the use of resources of indigenous peoples is made without detriment to their cultural integrity. social and economic and ensuring that decisions involving the representatives of these peoples. Also, ensure the rights of indigenous peoples related to their biodiversity resources and traditional knowledge;
F) Ensuring compliance with national legislation and recommendations adopted by the Government concerning the indigenous population:
g) Work with advice on promoting public investment in indigenous territories;
H) To ensure that, whenever appropriate, studies are carried out in cooperation with the peoples concerned, to assess the social, spiritual, cultural impact and the environment, that planned development activities may have on the villages;
I) grant, suspend and cancel the legal status of corporations and foundations to develop national character related to indigenous peoples activities.
4.2 In relation to black communities and other ethnic communities:
a) Ensure, in coordination with the competent bodies, their cultural identity in the context of ethnic and cultural diversity and the right to equality of all the cultures that make Colombian nationality;
B) To ensure their rights as a special ethnic group, and ensure that their economic and social development is promoted in accordance with the constitutional and legal provisions in force, without prejudice to the functions on the subject appropriate overtake other relevant government agencies;
C) Ensuring equal opportunities against Colombian society, promoting within the State the corresponding actions;
D) Promote the overcoming of conflicts arising from exercising their right to traditional production practices and collective ownership, especially black communities that have been occupying uncultivated land in coastal areas of the rivers of the Basin Pacific, in accordance with legal provisions on the subject, and with regard to its competence;
E) To promote the participation of black communities and their organizations without prejudice to their autonomy, in decisions that affect them and the entire nation on an equal footing. in accordance with the law;
F) To provide political support and serve as guarantor to the task of agencies and authorities responsible for protecting the environment taking the relations established by the black communities with nature;
G) grant, suspend and cancel the legal status of corporations and foundations to develop national character related to black communities and other ethnic communities settled in the national territory activities.
4.3 Regarding the raizal native community of San Andrés and Providencia:
A) Ensure your rights as a special ethnic group and ensure that their economic and social development is promoted in accordance with the constitutional and legal provisions in force, without prejudice to the functions on the subject appropriate overtake other relevant government agencies;
B) Ensure, in coordination with the competent bodies their cultural identity;
C) Assist in the formulation of policy control the population density of the Archipelago Department;
D) grant, suspend and cancel the legal status of corporations v foundations of national character related develop raizal native community of the Archipelago Department of San Andres, Providencia and Santa Catalina activities.
5. Regarding electoral matters, it must in coordination with the competent electoral authorities:
a) Propose modernization of institutions and electoral arrangements in order to ensure the exercise of political rights;
B) To ensure public order and issue the provisions necessary for the normal development of the electoral process;
C) Conform when appropriate and necessary for the normal development of the electoral process, the Commission for Coordination and Monitoring of Electoral Processes, in order to analyze the electoral debate, make suggestions and recommendations to the competent authorities on thereof, respond to requests and queries submitted by parties and political movements and independent candidates on rights, duties and electoral guarantees and coordinate the necessary activities to ensure the normal development of the electoral process.
6. In relation to the guidance and direction of the National System for Disaster Prevention and Response, is responsible for:
coordinate and organize the National System for Prevention and Attention to Disasters and emergency special attention to forcibly displaced by violence . for which purpose it will be a Special Administrative Unit, under the Ministry of Interior.
7. Regarding copyright, responsible for:
Address concerning the management of copyright in accordance with legal provisions on the subject.
ARTICLE 6o. SYSTEM FOR THE PROTECTION OF HUMAN RIGHTS. In furtherance of the constitutional obligation of the Government to guarantee the rights and freedoms of all Colombians, the Interior Ministry will coordinate the activities of all agencies of the executive, responsible for the promotion. protection and defense of human rights.
The Interior Ministry will have a care system demands for protection of citizens' rights. The development of this system will be in charge of a Special Administrative Unit of the Ministry of Interior, which must act previously in case of imminent threat of civil rights and develop programs aimed at the protection, preservation and restoration of human rights programs whistleblowers. The Ministry of Interior or the authority to which this function is delegated, undertake, ex officio, the corresponding actions before the judicial authorities, without prejudice to the functions thereof or the powers of the Attorney.
ARTICLE 7. PRINCIPLES AND RULES FOR AMENDMENT OF ADMINISTRATIVE STRUCTURES. To implement the purpose and development of the functions and powers set out in article 5 of this law, the responsibility of the President of the Republic to modify the structure of the Ministry of the Interior and, modify, delete and merge the entities or agencies of the sector inside so they require, subject to the following principles and general rules:
a) Modernization. It will respond to the developments of the administrative technical and organizational systems more suited to the efficient and effective implementation of the object and functions that are entrusted to the agencies of the interior sector. For this purpose, such agencies may rely on the specialized services offered by individuals;
B) Institutional flexibility. Organizational structures will be flexible, taking into account the dependencies that integrate different agencies are appropriate to a division of the function groups corresponding to exercise, properly evaluated by the policies, mission and program areas. For this purpose a simple structure based on the main units required for the operation of the Ministry will;
C) Administrative Planning. a system of administrative planning, with a responsibility for improving procedures, methods and organization of work permanently and systematically instance must be guaranteed. Also there will be the function of planning, oversight and internal control sector agencies. It is up to the Ministry annually develop institutional development plans in coordination with its attached agencies;
D) Decentralization, delegation and devolution. The administrative structures must be designed taking into account the principles of decentralization and deconcentration delegation to the effects of Ios most appropriate organizational schemes regarding the relationship with local authorities, in order to fully implement the system of the interior provide for;
E) Efficiency. participation and encouragement schemes aimed at improving administrative efficiency will be provided;
F) management administration. management control mechanisms and deconcentration of functions will be established;
G) Training. Priority will be the implementation of instruments to ensure the training, modernization and professionalization of staff;
H) Title of the basic units. The basic units of the Ministry of Interior and its agencies should be organized observing the denomination and structure best suited to achieving their purpose and the exercise of their functions; clearly identifying the major agencies, advisory bodies and coordination, and the relations of authority and hierarchy between so require. In any case the definition of the functional areas that are organized flexibly should consider naming names and jobs of public servants. which shall conform to the requirement of administrative structures;
I) Coordination. The Ministry of the Interior and its subsidiary and related bodies and local authorities should ensure that there is proper harmony and coherence between the activities undertaken in accordance with the powers conferred by law, articulately and in relation to other territorial entities for purposes of training, implementation and evaluation of policies, plans and programs that allow them to exercise without duplication or conflict;
J) Feasibility. Policies, plans, programs and projects should be feasible to perform, according to the proposals and the time available to achieve them, taking into account the ability of management, execution and financial resources that can be accessed;
K) Subsidiarity. Interior sector should support those institutions that lack technical capacity to manage activities aimed at achieving the objective of this law;
L) Concurrence. When on a subject competencies at different levels inside the system to be developed in connection or relationship with other authorities or local authorities are allocated, they must exercise them always seeking respect for their own powers of each authority or entity.
TITLE III. TRANSITIONAL PROVISIONS
LABOUR, ALLOWANCES AND BONUSES.
Article 8. SCOPE. The rules of this chapter shall apply to public employees who are dismissed from their jobs or charges as a result of the modification of the Ministry of Interior, Ministry of Interior.
For the purposes of the application of this Act, it requires that termination of employment or position to be definitive, ie incorporation not occur in the new plant entity personnel. For this purpose it takes into account the provisions of Decree 1223 of 1993, but compensation or bonus covered by this law may be caused within six months from the adoption of the new plant personnel if the employee agrees immediately the compensation and bonus system.
Article 9. TERMINATION OF LINKING. The deletion of a job or position as a result of the modification of the Ministry of Interior, Ministry of Interior, will lead to the termination of the legal and regulatory link public employees.
The same effect will occur when the public employee, at the time of the suppression of employment or position, has caused the right to a pension and you delete the job or position as a result of the modification of the entity.
job losses. These pertaining to job cuts provisions governed by once, for the purpose of establishing the Ministry of Interior and the subsequent modification of the Ministry of Government.
ARTICLE 11. PUBLIC EMPLOYEES
ESCALAFONADOS. Public employees escalafonados in civil service, public employees on probation in the civil service and public employees who have been provisionally appointed to hold office administrative career, who withdraws the charge as a result of the modification of the Ministry of government Interior Ministry in implementing the provisions of this Act, shall be entitled to the first two cases to compensation or a bonus in the third case, thus:
1. Forty-five (45) days of salary when the employee he has a service time not exceeding one (1) year.
2. If the employee has more than one (1) year of continuous service and less than five (5), will be paid fifteen (15) days of wages for forty-five (45) basic days of paragraph 1 per year subsequent to the first and proportional fraction service.
3. If the employee hath five (5) years or more of continuous service and less than ten (10), will be paid twenty (20) days of salary for forty-five (45) basic days of paragraph 1, for each the years subsequent to the first and proportionally per fraction, and
4. If the employee he has more than ten (10) years of continuous service they will be paid forty (40) days of salary for forty-five (45) basic days of paragraph the 1st for each of the years of service subsequent to the first and proportionally fraction.
ARTICLE 12. CONTINUITY OF SERVICE. For the purposes specified in the scheme of compensation or bonuses, time of continuous service shall be counted from the date of the last or only link employee with the Ministry of Government. Exceptionally will be counted from the date of joining a separate body to the Ministry of Government, if the official shall have been incorporated into the Portfolio as a result of a previous restructuring.
ARTICLE 13. INCOMPATIBILITY WITH PENSIONS. Public employees who withdraws the charge as a result of the modification of the Ministry of Interior, Ministry of Interior, and that at the time of removal from office or employment have caused the right to a pension, not be able to recognize them or pay compensation or bonuses covered by this law.
If compensation or bonus is paid in contravention of the provisions of the preceding paragraph, and then claimed and gets a pension, the amount covered by the indemnity or liquidated bonus plus interest at the rate of current bank interest will be deducted periodically pension, in the fewest possible legally allowances.
ARTICLE 14. WAGE
FACTOR. Compensation and bonuses are not salary factor for any legal effect and will be settled based on the average salary caused during the last year of service. For the purpose of recognition and wage payment the following factors will be taken into account only:
1. The basic monthly allowance.
2. The technical premium.
3. The Sundays and holidays.
4. The food aid and transportation.
5. Christmas bonus.
6. The bonus for services rendered.
7. The premium service.
8. Seniority premiums.
9. Premium holiday and
10. Extra hours.
ARTICLE 15. NO ACCUMULATION OF SERVICES IN VARIOUS ENTITIES. The value of compensation or bonus shall exclusively. the time worked by the employee in the Ministry of Government, or the body which came as a result of a move back uninterruptedly at the same Ministry.
ARTICLE 16. COMPATIBILITY WITH THE RECOGNITION OF SOCIAL SECURITY BENEFITS. Without prejudice to the incompatibility of pensions in this law, payment of compensation or bonus is compatible with the recognition and payment of social benefits to which he is entitled retired public employee.
ARTICLE 17. PAYMENT OF COMPENSATION OR BONUSES. Compensation or bonuses should be paid in cash within three (3) months following the issuance of the act of liquidation thereof and the placement of the employee compensation scheme, as provided for in Article 13 of this Law. In case of delay in payment interest in favor of retired employee, equivalent to the DTF rate indicated by the Bank of the Republic, from the date of the act of settlement cause.
In any case, the act of liquidation shall be issued within thirty (30) calendar days following the withdrawal.
ARTICLE 18. EXCLUSIVITY OF PAYMENT. Compensation and bonuses referred to previous articles only to public employees who are linked to the Ministry of Government on the date of the enactment of this law shall be recognized.
ARTICLE 19. SPECIAL ADMINISTRATIVE UNIT FOR INSTITUTIONAL DEVELOPMENT OF TERRITORIAL ENTITIES. Create the Special Administrative Unit for Institutional Development of Territorial, Entities affiliated to the Interior Ministry, responsible for providing technical assistance to local authorities for the exercise of the powers attributed to it by the Constitution or the law.
ARTICLE 20. SPECIAL ADMINISTRATIVE UNIT FOR PREVENTION AND DISASTER. Create the Special Administrative Unit for Disaster Prevention and Care under the Ministry of the Interior. The functions of this will be allocated in the development of the new organizational structure of the Ministry of Interior.
ARTICLE 21. FUND FOR CITIZEN PARTICIPATION. The Citizen Participation Fund created by Act 134 of 1994 will become a management system has no legal Personaría; which will aim to fund programs that make effective citizen participation through the dissemination of its procedures, training community for the exercise of the institutions and mechanisms of participation and the analysis and evaluation of participatory and community behavior.
The Fund will work with plant personnel Interior Ministry and management of expenditure shall be exercised by the Minister of Interior or his delegate. Effective Jurisprudence
ARTICLE 22. IMPLEMENTATION OF THE STRUCTURE AND FUNCTIONS OF THE MINISTRY OF THE INTERIOR. The exercise of the functions of the Ministry of the Interior that the present law, will be done gradually, to the extent that its new organizational structure is developed and the appropriate measures to incorporate public servants to plant personnel take handed down National Government, to the effect.
ARTICLE 23. BUDGET AUTHORIZATIONS. Authorize the National Government to bring forward budgetary transfers and operations as may be necessary to comply with the provisions of this Act.
ARTICLE 24. EFFECTIVE DATE. This Law governs from the date of its publication and repeals all provisions that are contrary.
The President of the honorable Senate, GUILLERMO JUAN ANGEL MEJIA
The Secretary General of the honorable Senate, PUMAREJO VEGA PEDRO
The President of the honorable House of Representatives, ALVARO VARGAS BENEDETTI
the Secretary General of the honorable House of Representatives, DIEGO VIVAS TAFUR
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Cartagena de Indias, DT, 22 July 1995.
Ernesto Samper Pizano Government Minister,
Horacio Serpa Uribe Minister of Finance and Public Credit | WILLIAM PERRY RUBIO ||