ACT 215 OF 1995

(November 7)

Official Journal No. 42.081 of 8 November 1995

By means of which the protocol of reforms to the Charter of the Organization of American States (Protocol of Managua), signed in Managua on June 10, 1993, 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 Managua"-signed in Managua on June 10, 1993.

Protocol of Reforms to the Letter of the

Organization of American States

"Managua Protocol".

On behalf of their peoples, the American States represented in the 19th Special Session of the General Assembly, meeting in Managua, Nicaragua, agree to sign the following Protocol of Reforms to the Charter of the Organization of American States.

ARTICLE 1o. The following new articles are incorporated into Chapters XIII and XVII of the Charter of the Organization of American States, thus numbered:

" Article 94. To accomplish its various purposes, particularly in the specific area of technical cooperation, the Inter-American Council for Integral Development shall:

a) To formulate and recommend to the General Assembly the strategic plan that articulates the policies, programs and action measures in the field of cooperation for integral development, in the framework of the general policy and the priorities defined by the General Assembly;

b) Formulate guidelines for the preparation of the technical cooperation budget, as well as for other Council activities;

(c) Promote, coordinate and make responsible for the implementation of development programmes and projects to the subsidiary bodies and bodies concerned, based on the priorities identified by the Member States, in areas such as:

1. Economic and social development, including trade, tourism, integration and the environment.

2. Improvement and extension of education at all levels and the promotion of scientific and technological research, through technical cooperation, as well as support for cultural activities, and

3. Strengthening the civic consciousness of the American peoples, as one of the foundations of the effective exercise of democracy and the observance of the rights and duties of the human person.

For these purposes, the participation mechanisms and other subsidiary bodies and bodies provided for in the Charter and other provisions of the General Assembly will be used;

d) Establish cooperative relations with the relevant United Nations bodies and other national and international entities, especially as regards the coordination of inter-American cooperation programmes technique;

e) To periodically evaluate cooperation activities for integral development, in terms of their performance in the achievement of policies, programs and projects, in terms of their impact, effectiveness, efficiency, application of resources, and the quality, inter alia, of the technical cooperation services provided, and inform the General Assembly.

" Article 96. The Inter-American Council for Integral Development will have the Non-Permanent Specialized Commissions that it decides to establish and which are required for the best performance of its functions. Such committees shall have the competence, function and be integrated in accordance with the provisions of the Statute of the Council.

" Article 97. The implementation and, where appropriate, the coordination of the approved projects will be entrusted to the Executive Secretariat for Integral Development, which will report on the results of the implementation of the projects to the Council.

" Article 122. The Secretary General will appoint, with the approval of the Inter-American Council for Integral Development, an Executive Secretary for Integral Development.

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 69. The Permanent Council of the Organization and the Inter-American Council for Integral Development are directly dependent on the General Assembly and have the competence that each of them assigns the Charter and other inter-American instruments, as well as the functions entrusted to them by the General Assembly and the Meeting of Consultation of Ministers of Foreign Affairs.

" Article 92. The Inter-American Council for Integral Development is composed of a representative representative, at ministerial level or its equivalent, for each Member State, specially appointed by the respective Government.

As provided for in the Charter, the Inter-American Council for Integral Development will be able to create the subsidiary bodies and bodies it deems appropriate for the best exercise of its functions.

" Article 93. The Inter-American Council for Integral Development aims to promote cooperation among the American States in order to achieve their integral development, and in particular to contribute to the elimination of critical poverty, in accordance with the rules of the Charter and in particular those laid down in Chapter VII thereof, in the economic, social, educational, cultural, scientific and technological fields.

" Article 95. The Inter-American Council for Integral Development shall hold at least one meeting each year at ministerial level or its equivalent, and may convene meetings at the same level for the specialized or sectoral issues it considers relevant, in areas of their competence. The General Assembly, the Meeting of Consultation of Ministers of Foreign Affairs or on its own initiative, or for the cases provided for in Article 36 of the Charter, shall also meet.

ARTICLE 3o. The following current articles of the Organization of American States Charter are removed: 94, 96, 97, 98, 99, 100, 101, 102, 103, and 122.

ARTICLE 4. The title of the current Chapter XIII of the Charter of the Organization of American States is hereby amended, which will be called "The Inter-American Council for Integral Development."

The current XIV Chapter is removed. Consequently, the numbering of the present Chapters of the Charter of the Organization of American States, from Chapter XIV, which will become the present Chapter XV and so on, is modified.

ARTICLE 5o. The numbering of the current articles of the Charter of the Organization of American States is modified from Article 98, which will become the current article 104 and so on, until the end of the text of the Charter.

ARTICLE 6o. The General Secretariat will prepare an integrated text of the Charter of the Organization of American States, which will include the non-amended provisions of the original Charter, the reforms in force. introduced by the Protocols of Buenos Aires and Cartagena de Indias, and the reforms introduced by subsequent Protocols when they enter into force.

ARTICLE 7o. 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 8. 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 9o. 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, to be called-" Protocol

of Managua "-, in the city of Managua, Nicaragua,

on June ten thousand nine hundred and ninety-three.

The Undersigned Head of the Legal Office

of the Ministry of Foreign Affairs

NOTES:

That this reproduction is a faithful copy of the text of the "Protocol of Reforms to the Charter of the Organization of American States," signed in Managua on June 10, 1993, which is based on the 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).

HECTOR ADOLFO SYNTURA VARELA

Head of the Legal Office

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santafe de Bogota, D. C.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

(Fdo.) NOEMI SANIN DE RUBIO.

DECRETA:

ARTICLE 1A. Approve the "Protocol of Reforms to the Charter of the Organization of American States Protocol of Managua," signed in Managua on June 10, 1993.

ARTICLE 2A. Pursuant to article 1o. of Law 7a. In 1944, "Protocol of Reforms to the Charter of the Organization of American States, Protocol of Managua," signed in Managua on June 10, 1993, which, by the first article of this law, is approved, will force the country from the date on which the the international link with respect to it is improved.

ARTICLE 3A. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic (E.),

JOSE ANTONIO GOMEZ HERMIDA.

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.

COLOMBIA-NATIONAL GOVERNMENT

Contact and post.

Execute previous Constitutional Court review, as

to Article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., 7 November 1995.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.