ACT 210 OF 1995
Official Journal, No. 42,001, dated September 15, 1995
By means of which the "Protocol of Reforms to the Charter of the Organization of American States" Protocol of Washington, " signed in Washington on December 14, 1992, is approved.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Protocol of Reforms to the Charter of the Organization of American States ' Protocol of Washington", signed in Washington on 14 December 1992.
(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
Protocol of Reforms to the Charter of the Organization of American States "Washington Protocol."
On behalf of its peoples, the American States represented at the 16th Special Session of the General Assembly, meeting in Washington D. C., the following Protocol of Reforms to the Charter of the Organization of American States.
ARTICLE 1o. The following new article is incorporated into Chapter III of the Charter of the Organization of American States, thus numbered:
" Article 9o. A member of the Organization whose democratically constituted government is overthrown by force may be suspended from the exercise of the right to participate in the sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization and the Specialized Conferences, as well as the commissions, working groups and other bodies that have been created.
(a) The power of suspension shall be exercised only when the diplomatic efforts which the Organization has undertaken in order to promote the restoration of representative democracy in the Member State have been unsuccessful. affected;
(b) The decision on the suspension shall be taken at an extraordinary session of the General Assembly, by the affirmative vote of the two-thirds of the Member States;
(c) The suspension shall enter into force immediately upon approval by the General Assembly;
(d) The Organization shall, notwithstanding the suspension measure, undertake further diplomatic efforts to assist in the restoration of representative democracy in the Member State concerned;
e) The Member who has been the subject of suspension shall continue to observe the fulfilment of his obligations to the Organization;
(f) The General Assembly may lift the suspension by decision adopted with the approval of two-thirds of the Member States;
(g) The privileges referred to in this Article shall be exercised in accordance with this Charter.
ARTICLE 2o. The texts of the following articles of the Charter of the Organization of American States are amended, which will be worded as follows:
" Article 2o. The Organization of American States, in order to realize the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, establishes the following essential purposes:
a) entrenching the peace and security of the Continent;
b) Promote and consolidate representative democracy in respect of the principle of non-intervention;
c) Prevent possible causes of difficulties and ensure the peaceful settlement of disputes arising between Member States;
d) Organize the solidarity action of these in case of aggression;
e) To seek the solution of the political, legal and economic problems that arise between them;
f) Promote, through cooperative action, their economic, social and cultural development;
g) Eradicate critical poverty, which constitutes an obstacle to the full democratic development of the peoples of the hemisphere, and
(h) To achieve an effective limitation of conventional armaments that will allow the greatest number of resources to be devoted to the economic and social development of the Member States.
" Article 3o. The American States reaffirm the following principles:
(a) International law is the rule of conduct of states in their reciprocal relations;
b) The international order is essentially constituted by respect for the personality, sovereignty and independence of the States and for the faithful fulfillment of the obligations arising from the treaties and other sources of international law;
c) Good faith must govern the relations of the States with each other;
d) The solidarity of the American States and the high ends they pursue, require the political organization of them on the basis of the effective exercise of representative democracy;
e) Every State has the right to choose, without external interference, its political, economic and social system, and to organize itself in the way that suits it best, and has the duty not to intervene in the affairs of another State. Subject to the above provisions, the American States will cooperate extensively with each other and regardless of the nature of their political, economic and social systems;
f) The elimination of critical poverty is an essential part of the promotion and consolidation of representative democracy and constitutes a common and shared responsibility of the American States;
g) American States condemn war of aggression: victory does not entitle;
h) Aggression to an American State constitutes an aggression against all other American States;
i) International disputes arising between two or more American States should be resolved through peaceful procedures;
j) Justice and social security are the basis for lasting peace;
k) Economic cooperation is essential for the common well-being and prosperity of the peoples of the Continent;
l) American States proclaim the fundamental rights of the human person without distinction of race, nationality, creed or sex;
m) The spiritual unity of the Continent is based on respect for the cultural personality of the American countries and demands their close cooperation in the high ends of human culture;
n) The education of peoples must be directed towards justice, freedom and peace.
" Article 33. Member States agree that equal opportunities, the elimination of critical poverty and the equitable distribution of wealth and income, as well as the full participation of their peoples in decisions concerning their own development, are, among others, basic objectives of integral development. To achieve them, they agree to devote their maximum efforts to achieving the following basic goals:
a) Substantial and self-sustaining increase in national product per capita;
b) Equal distribution of national income;
c) Appropriate and equitable tax systems;
d) Modernization of rural life and reforms that lead to equitable and effective land tenure regimes, increased agricultural productivity, land use expansion, production diversification, and better systems for industrialization and marketing of agricultural products, and strengthening and expanding the means to achieve these goals;
e) Accelerated and diversified industrialization, especially capital goods and intermediates;
f) Stability of the internal price level in harmony with sustained economic development and the achievement of social justice;
g) Fair wages, employment opportunities and acceptable working conditions for all;
h) Rapid eradication of illiteracy and enlargement, for all, of opportunities in the field of education;
i) Defense of human potential by extending and applying modern knowledge of medical science;
j) Proper nutrition, particularly through the acceleration of national efforts to increase food production and availability;
k) Adequate housing for all sectors of the population;
l) Urban conditions that make a healthy, productive and dignified life possible;
m) Promoting private initiative and investment in harmony with public sector action, and
n) Expansion and diversification of exports.
" Article 116. In accordance with the action and policy decided by the General Assembly and with the relevant resolutions of the Councils, the General Secretariat shall promote economic, social, legal, educational, scientific and cultural relations between all Member States of the Organization, with particular emphasis on cooperation for the elimination of critical poverty.
ARTICLE 3o. The numbering of the articles of the Charter of the Organization of American States shall be amended from Article 9o, which shall become Article 10, Article 10 shall become Article 11 and thus successively up to Article 151, which shall be Article 152.
ARTICLE 4. This Protocol shall be opened for signature by the Member States of the Organization of American States and shall be ratified in accordance with their respective constitutional procedures. The original instrument, whose Spanish, French, English and Portuguese texts are equally authentic, will be deposited with the General Secretariat, which will send certified copies to the governments for the purposes of their ratification. The instruments of ratification shall be deposited with the General Secretariat and shall notify the signatory governments of such deposit.
ARTICLE 5o. This Protocol shall enter into force, between the States ratifying it, when the two-thirds of the signatory States have deposited their instruments of ratification. As for the remaining States, it will enter into force in the order that they deposit their instruments of ratification.
ARTICLE 6o. This Protocol shall be registered with the Secretariat of the United Nations through the General Secretariat of the Organization of American States.
In faith of which the undersigned Plenipotentiaries,
duly authorized by their respective governments,
sign this Protocol, which will be called
Washington Protocol, in Washington City,
D. C., United States of America, December 14
of a thousand nine hundred and ninety-two.
The Undersigned Head of the Legal Office of the
Ministry of Foreign Affairs,
That the present reproduction is faithful photocopy taken from the text of the "Protocol of Reforms to the Charter of the Organization of American States", signed in Washington on December 14, 1992, which rests on the Archives of the Legal Office of this Ministry.
Dada en Santafe de Bogota, D. C., at twenty-two (22) days
of the month of February of a thousand nine hundred and ninety-four (1994).
The Head of the Legal Office,
HECTOR ADOLFO SINTURA VARELA.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santafe de Bogota, D. C.
Approved, subject to honorable consideration
National Congress for Constitutional Effects.
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister,
(Fdo.) NOEMI SANIN DE RUBIO.
ARTICLE 1A. Approve the "Protocol of Reforms to the Charter of the Organization of American States ' Washington Protocol," signed in Washington on December 14, 1992.
ARTICLE 2A. Pursuant to article 1o. of Law 7a. In 1944, the "Protocol of Reforms to the Charter of the Organization of American States ' Protocol of Washington", signed in Washington on 14 December 1992, which was signed by Article 1. of this Law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3A. This Law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JULIO CESAR GUERRA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
RODRIGO RIVERA SALAZAR.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Contact and post.
Execute previous Constitutional Court review,
pursuant to Article 241-10 of the Political Constitution.
Dada en Santafe de Bogota, D. C., on September 15, 1995.
ERNESTO SAMPER PIZANO
The Foreign Minister,
RODRIGO PARDO GARCIA-PENA.