Whereby The Agreement Establishing The Association Of Caribbean States, Signed In Cartagena De Indias On July 24, 1994 Approved

Original Language Title: Por la cual se aprueba el Convenio Constitutivo de la Asociación de los Estados del Caribe, suscrito en Cartagena de Indias el 24 de julio de 1994

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ACT 216 OF 1995

(November 8)

Official Journal, No. 42,738 of 7 March 1996

By means of which the "Constitutional Convention of the Association of the Caribbean States", signed in Cartagena de Indias on July 24, 1994, is approved.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

Having regard to the text of the "Constitutional Convention of the Association of the Caribbean States" signed in Cartagena de Indias on 24 July 1994.

TREATY ESTABLISHING THE ASSOCIATION OF CARIBBEAN STATES.

PREAMBLE

Contracting States:

Committed to starting a new era, characterized by the strengthening of cooperation and cultural, economic, political, scientific, social and technological relations between them.

Convinced that the strengthening of cooperation among the Caribbean States, Countries and Territories, based on their geographical proximity and historical links, will contribute to the future cultural, economic and social development of their peoples, transcending their estrangement from the past.

Aware of the need to find a timely and effective response to the challenges and opportunities posed by the globalization of the international economy and the progressive liberalization of hemispheric trade relations.

Willing to promote, consolidate and strengthen the process of regional cooperation and integration of the Caribbean, in order to establish an expanded economic area that will contribute to increase competitiveness in international markets and facilitate the active and coordinated participation of the region in multilateral fora.

Aware of the enormous disparity of size, population and levels of development among the Caribbean States, Countries and Territories.

Committed to the permanent promotion, consolidation and strengthening, among others, of the principles of democracy, the rule of law, respect for the sovereignty, territorial integrity of the States and the right to the free determination of the peoples, equal opportunities and respect for human rights, as a basis for strengthening the friendly relations that exist between the peoples of the Caribbean.

Recognizing the importance of the Caribbean Sea as the common asset of the Caribbean peoples, the role it has played in its history and its potential to operate as a unifying element of its development.

Convinced of the vital importance of preserving the region's environment and, in particular, shared responsibility for the preservation of the ecological integrity of the Caribbean Sea, by mobilizing the collective capacities of its peoples to develop and exploit their resources in a sustainable and environmentally friendly way, in order to improve the quality of life of present and future generations of the Caribbean peoples.

Remembering the decision taken by the Conference of Heads of Government of the Caribbean Community at its Extraordinary Meeting of Port of Spain, Trinidad and Tobago, in October 1992, to establish the Association of Caribbean States as a Framework for the adoption of common positions between the States, the Countries and the Territories of the Caribbean.

recalling also the Second Ministerial Conference of Caricom and Central America, held in Kingston, Jamaica, in May 1993, in which the Ministers of both sub-regions welcomed the proposal of the Caribbean Community for establish the Association of Caribbean States for the purpose of promoting economic integration and cooperation in the region.

Also recalling the Summit of the Presidents of the Group of Three with the Heads of State and Government of Caricom and the Vice President of Suriname, held in Port of Spain, Trinidad and Tobago, in October 1993, in which the Commitment to establish the Association of Caribbean States.

The following are:

ARTICLE 1o. DEFINITIONS.

In this Convention:

"Association" means the Association of Caribbean States established in accordance with Article II.

"Convention" means the Association's Constitutive Convention.

"Meeting of Heads of State or Government" means the Meeting of Heads of State or Government referred to in Article VI.

"Member State" means a State referred to in Article IV 1 which is a contracting party to this Convention.

"Associate Member" means the political entities referred to in Article IV 2.

"Council of Ministers" means the Council of Ministers of the Association, established in Article VII.

"Observers" means the entities referred to in Article V and admitted as such in the Association.

"Secretariat" means the Secretariat of the Association, established by Article VII.

"Secretary General" means the Secretary General of the Association.

"Social Actors" means non-governmental organizations or other entities that are significantly representative of broad interests of the States, Countries and Territories of the region recognized and accepted as such by the Council of Ministers.

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ARTICLE 2o. ESTABLISHMENT. By this Convention the Association of Caribbean States, a body of the Caribbean States, Countries and Territories, whose nature, purposes and functions are specified in this Convention, is established.

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ARTICLE 3o. NATURE, PURPOSES AND FUNCTIONS.

1. The Association is a consultation, consultation and cooperation body whose purpose is to identify and promote the implementation of policies and programmes aimed at:

a) Strengthen, use and develop the collective capacities of the Caribbean to achieve sustained cultural, economic, social, scientific and technological development;

b) Develop the potential of the Caribbean Sea through interaction between Member States and with third parties;

c) Promoting an expanded economic space for trade and investment that offers opportunities for cooperation and cooperation, and allows for increased benefits to the Caribbean peoples of the region's resources and assets, including the Caribbean Sea;

d) Establish, consolidate and expand, as appropriate, institutional structures and cooperation agreements that respond to the diversity of cultural identities, development requirements and the regulatory systems of the region.

2. In order to achieve the purposes set out in paragraph 1 of this Article, the Association shall promote in a gradual and progressive manner, among its members the following activities:

(a) Economic integration, including trade liberalization, investment, transport and other related areas;

b) The discussion of issues of common interest for the purpose of facilitating the active and coordinated participation of the region in multilateral fora;

c) The formulation and implementation of policies and programs for cooperation in the areas mentioned in the numeral 1 (a) of this article;

d) The preservation of the environment and the conservation of natural resources in the region, in particular the Caribbean Sea;

e) Strengthening friendly relations between the peoples and governments of the Caribbean;

f) Consultation, cooperation and consultation in other areas to be agreed upon.

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ARTICLE 4. MEMBERS.

1. The Association shall be open to the participation of the Caribbean States listed in Annex 1 to this Convention. These States shall have the right to participate in the discussions and to vote at the meetings of the Council of Ministers and the Special Committees of the Association.

2. The Association shall be open to participation as Associate Members of the Caribbean States, Countries and Territories listed in Annex II to this Convention. Associate Members shall have the right to intervene in discussions and to vote at meetings of the Council of Ministers and Special Committees on matters directly affecting them and within their constitutional competence. The Council of Ministers shall conclude agreements with the respective State, country or territory. These agreements shall establish the terms and conditions in which the Associate Members may participate and vote in the meetings of the Council of Ministers and the Special Committees.

3. The founding members of the Association are the States mentioned in numeral 1 of this Article that sign and ratify this Convention before its entry into force and during the first year of validity.

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ARTICLE 5o. OBSERVERS. Observers may be admitted to the Association in accordance with the terms and conditions defined by the Council of Ministers. Observers may be admitted from among the States, Countries and Territories listed in Annexes I and II to this Convention. In addition, any other State, Country, Territory or any organization that requests to participate in the Association as an Observer, may be granted this category if the Council of Ministers so determines.

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ARTICLE 6o. THE MEETING OF HEADS OF STATE OR GOVERNMENT.

1. Any Head of State or Government of a Member State may propose the convening of a meeting of Heads of State or Government. The Secretary-General shall convene the meeting after consultations with the Member States.

2. The Council of Ministers may, if appropriate, propose the convening of a meeting of Heads of State or Government.

3. When the decision is taken to convene a meeting of Heads of State or Government, the Council of Ministers will convene preparatory meetings.

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ARTICLE 7o. PERMANENT BODIES OF THE ASSOCIATION. The permanent bodies of the Association are hereby established by this Convention:

a) The Council of Ministers, and

b) The Secretariat.

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ARTICLE 8o. THE COUNCIL OF MINISTERS.

1. The Council of Ministers, made up of representatives of the Member States as stipulated in Article X, is the main policy-making and guidance body of the Association, in the context of the purposes and functions of the Association. provided for in Article III of this Convention.

2. The Council of Ministers may convene, in accordance with the rules of procedure laid down in Article XI and with the frequency to be deemed appropriate, extraordinary meetings of the Council of Ministers to consider matters and matters. subject to their consideration.

3. The Council of Ministers may, initially on an ad hoc basis, establish all special committees which it deems necessary to assist it in carrying out its duties. The composition and terms of reference of the following special committees shall be established and determined by the Council of Ministers:

(a) The Trade Development and External Economic Relations Committee;

b) The Committee for the Protection and Conservation of the Environment and the Caribbean Sea;

c) The Natural Resources Committee;

d) The Committee on Science, Technology, Health, Education and Culture, and

e) The Budget and Management Committee.  

4. In their work, the Special Committees referred to in numeral 3 may request and take into account the views of the "social actors" recognised in Article IX (d).

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ARTICLE 9o. FUNCTIONS OF THE COUNCIL OF MINISTERS. Congruent with the functions and activities of the Association, as defined in Article III (2) of this Convention, the Council of Ministers:

a) Determinate the Association's actions, policies and programs;

b) Analyse and adopt the Association's biennial work and budget program;

c) Consider and decide on the applications of the aspiring Member State, Associate Member or Observer of the Association;

d) Stop which "Social Actors" will recognize, accept, and define their roles;

e) Designate the Secretary-General and other senior officials of the Secretariat he deems necessary;

f) Establish the statutes and guidelines to govern the operation of the Association;

g) Approve the regulations to govern the operation of the Secretariat;

(h) Authorize the negotiation and conclusion, by the Secretary General, of agreements with third parties, with institutions or groups of States and with other entities, in accordance with the requirements of the advance of the work of the Association;

i) Recommend and/or adopt amendments to the Convention proposed by Member States in accordance with Article XVIII;

j) Decide on the interpretation of this Convention;

k) Shall perform all functions determined by the meeting of Heads of State or Government.

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ARTICLE 10. COMPOSITION OF THE COUNCIL OF MINISTERS.

1. The Member States of the Association shall appoint a Minister and an alternate representing them to the Council of Ministers. The Minister or his alternate may be supported by advisers.

2. Each Member State shall notify the Secretariat of the name of the Minister designated to represent it to the Council of Ministers, as well as the name of the person appointed as an alternate. In the absence of the Minister, the alternate shall assume the full representation inherent in the holder.

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ARTICLE 11. RULES OF PROCEDURE OF THE COUNCIL OF MINISTERS.

1. Subject to the provisions of this Article, the Council of Ministers shall establish its own rules of procedure.

2. The meetings shall be conducted by a President to be elected among the representatives of the Member States. At the first meeting, the Council of Ministers will elect the President who will hold this post for one year. The Presidency shall thereafter follow a system of rotation in accordance with the rules of procedure referred to in paragraph 1 of this Article.

3. The Council of Ministers will hold an annual regular meeting, which will normally take place at the headquarters of the Association. The President of the Council shall convene extraordinary meetings if requested by at least two thirds of the Member States.

4. Subject to the provisions of this numeral and Article XII (2), the Council of Ministers shall decide by consensus on matters ... to their consideration. Procedural matters will be resolved by the vote in favour of two-thirds of the members present and voters. The classification of cases, whether substantive or procedural, shall be carried out by a two-thirds majority of the delegates present. In any event, it shall not be considered as a matter of procedure for the decision of substantive matters.

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ARTICLE 12. BUDGET.

1. The Council of Ministers shall examine and approve, with any amendments it deems necessary, the draft budget of the Association which shall be submitted to it by the Budget and Administration Committee.

2. The vote on the final figure for the budget must be preceded by a vote on each of the budget headings. Each budget item shall be approved by a majority of three quarters of the votes of the delegates present and voting. The total budget of the Association shall be approved by consensus of the delegates present.

3. The association's budget that ... every two years and submitted to an annual review. If the Association's budget is not approved in a given year, the budget of the previous biennium will remain in force, and all Member States and Associate Members will continue to make the same contributions from the previous biennium.

4. The contributions of the Member States to the budget of the Association shall be made in the proportions determined by the Council of Ministers.

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ARTICLE 13. SPECIAL FUND. The Council of Ministers shall also establish a Special Fund for the purpose of supporting technical cooperation programs and related research tasks compatible with the purposes and objectives of the Association. It will also determine the general framework of the programmes to be supported by the Special Fund. The specific activities to be carried out in this framework will be provided by the Committee on Trade Development and External Economic Relations with the assistance of the Secretariat. The Special Fund shall be made up of resources which Member States, non-members or other entities may contribute on a voluntary basis.

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ARTICLE 14. THE SECRETARIAT.

1. The Secretariat shall be composed of a Secretary-General and the number of officials whom the Council of Ministers deems appropriate. In addition to the powers and powers conferred upon his person by and under this Convention, the Secretary-General shall be the principal administrative officer of the Association.

2. The Secretary-General shall be elected on a rotating basis for a period of four years, in the terms and conditions determined by the Council of Ministers.

3. The Secretary-General shall act, as such, in all meetings of the Council of Ministers and the Special Committees of the Association and shall present an annual report of the Association's activities to the Council of Ministers.

4. In the performance of their duties, the Secretary-General and his/her work team shall not request or receive instructions from any Government of a Member State or any other authority outside the Association. They shall refrain from carrying out any action which adversely affects their quality as an official of the Association and shall be liable only to the latter.

5. The staff of the Secretariat shall be appointed by the Secretary-General in accordance with the rules laid down by the Council of Ministers. The fundamental criterion for the appointment of staff will be the need to ensure the highest levels of efficiency, competence and integrity. In the recruitment of staff, due attention should be paid to the principles of geographical distribution and linguistic representation in equitable terms.

6. Member States undertake to respect the exclusively international character of the responsibilities of the Secretary-General and of his work team, and not to exercise influence over them in the performance of their duties.

7. The Council of Ministers shall adopt the rules governing the operation of the Secretariat.

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ARTICLE 15. FUNCTIONS OF THE SECRETARIAT.

1. In addition to the duties which the Council of Ministers may assign to it, the Secretariat shall, with a view to achieving the objectives of the Association, carry out the following tasks:

(a) assist the Council of Ministers and the Special Committees of the Association in the design and implementation of their policies and programmes;

b) maintain contact with other subregional, regional and international organizations;

c) design, formulate, perform or, where appropriate, request studies on integration issues, in particular on trade, investment and economic and social development;

(d) collect, archive and disseminate information between Member States and Associated Members and, when decided by the Council of Ministers, to other relevant entities;

e) to support the meetings of the Council of Ministers and the Special Committees of the Association and to take measures to follow up the decisions which are emanating from them;

f) to coordinate within the framework of the Association's work programme, the activities of donor agencies and national, regional and international institutions;

g) to prepare the draft budget of the Association, which will be examined by the Budget and Management Committee every two years, to be submitted for consideration and, if necessary, approved by the Council of Ministers.

2. In the exercise of its functions, the Secretariat shall conclude collaboration agreements and shall take advantage of the facilities of the existing cooperation agencies in the region.

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ARTICLE 16. LEGAL CAPACITY.

1. The Association shall enjoy full international legal personality.

2. Each Member State and Associate Members shall provide the Association on its territory with the widest legal capacity accorded to legal persons under its national law. The Secretary-General shall be the legal representative of the Association.

3. The Member States and the Associated Members undertake to take all necessary action to bring into force the provisions of this Article in their territory, and shall promptly inform the Secretariat thereof.

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ARTICLE 17. PRIVILEGES AND IMMUNITIES.

1. The privileges and immunities that shall be recognized and granted by the Member States and Members associated with the Association shall be established in a Protocol to this Convention.

2. The Association shall conclude a Headquarters Agreement with the Government of the Member State in which it is located, on the privileges and immunities to be recognized and granted to the Association.

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ARTICLE 18. GENERAL COMMITMENT OF INSTRUMENTATION. The Member States of the Association shall take all appropriate and appropriate measures to comply with the provisions of this Convention. Member States shall facilitate compliance with the objectives of the Association.  

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ARTICLE 19. LANGUAGES OF THE ASSOCIATION. Spanish, French and English are the languages of the Association.

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ARTICLE 20. RELATIONSHIP TO OTHER TREATIES AND MECHANISMS.

1. None of the provisions of this Convention shall be construed as prejudice to the rights and obligations of the Parties in relation to other Agreements. The provisions of this Convention will not affect the existing mechanisms for cooperation, consultation and consultation.

2. In the context of this Convention, Member States may undertake initiatives and reach agreements on integration between them, provided that they are consistent with the purposes and functions of this Convention. Any such agreement or initiative may be open to the accession of any other Member State which has the possibility to participate and so wishes.

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ARTICLE 21. Authentic TEXT. This Convention shall be drawn up in the Spanish, French and English languages. Each version will be equally authentic.

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ARTICLE 22. Subscription. This Convention shall be open for subscription from 24 July 1994, by any State, Country and Territory referred to in Article IV.

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ARTICLE 23. RATIFICATION. This Convention shall be subject to ratification by the signatory States, Countries and Territories referred to in Article IV in accordance with their respective constitutional procedures.

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ARTICLE 24. REGISTER. The Convention shall be registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter of that Organization.

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ARTICLE 25. DEPOSITARY. The instruments of ratification must be deposited with the Government of the Republic of Colombia, who will send duly authenticated copies to the Ministries of Foreign Affairs of the Member States, as well as to the relevant authorities of the Associated Members.

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ARTICLE 26. ENTRY INTO FORCE. This Convention shall enter into force if two-thirds of the States referred to in Article IV (1) have deposited their respective instruments of ratification.

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ARTICLE 27. ACCESSION. After its entry into force, this Convention shall be open to the accession of the States, Countries and Territories referred to in Article IV. Accession shall be carried out by the deposit of an instrument of accession with the Government of the Republic of Colombia, which shall inform the Member States and the Associated Members. This Convention shall enter into force for the States, Countries and Territories which accede thereto, 30 days after the deposit of their instrument of accession.

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ARTICLE 28. AMENDMENTS. This Convention may be amended by decision, by consensus of the Meeting of Heads of State or Government or the Council of Ministers. These amendments will enter into force thirty days after their ratification by at least two thirds of the Member States.

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ARTICLE 29. INTERPRETATION AND SETTLEMENT OF DISPUTES. The doubts or disputes that may arise among the Members of the Association, related to the interpretation or application of this Convention that cannot be resolved by the Parties involved, shall be resolved by the Council of Ministers.

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ARTICLE 30. VALIDITY AND COMPLAINT.

1. This Convention shall have an indefinite effect.

2. Any Contracting Party may denounce this Convention at any time. The withdrawal shall be made effective one year after the date of receipt by the depositary of the formal notification of denunciation. The complaint shall not annul the commitments made by the complaining Party under this Convention during the period preceding the complaint. The Convention shall remain in force for the other Parties, provided that no less than two-thirds of the States referred to in Article IV (1) continue to be Contracting Parties to the Convention.

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ARTICLE 31. RESERVATIONS. This Convention does not allow reservations.

Made in Cartagena de Indias, Republic of Colombia,

on July 24, 1994, in a single redacted copy

in Spanish, French and English, each of the texts being

equally authentic. The original text will be deposited

to the Government of the Republic of Colombia.

In faith of which, the representatives duly

authorised to sign this Convention:

By the Government of Antigua and Barbuda,

(unreadable signature).

By the Government of the Commonwealth of The Bahamas,

(unreadable signature).

By the Government of Barbados,

(unreadable signature).

By the Government of Belize,

(unreadable signature).

By the Government of the Republic of Colombia,

(unreadable signature).

By the Government of the Republic of Costa Rica,

(unreadable signature).

By the Government of the Republic of Cuba,

(unreadable signature).

By the Government of the Commonwealth of Dominica,

(unreadable signature).

By the Government of the Republic of El Salvador,

(unreadable signature).

By the Government of the United Mexican States,

(unreadable signature).

By the Government of Grenada,

(unreadable signature).

By the Government of the Republic of Guatemala

(unreadable signature).

By the Government of the Cooperative Republic of Guyana

(unreadable signature).

By the Government of the Republic of Haiti,

(unreadable signature).

By the Government of the Republic of Honduras,

(unreadable signature).

By the Government of Jamaica,

(unreadable signature).

By the Government of the Republic of Nicaragua,

(unreadable signature).

By the Government of the Republic of Panama,

(unreadable signature).

By the Government of the Dominican Republic,

(unreadable signature).

By the Government of St. Kitts and Nevis,

(unreadable signature).

By the Government of St. Vincent and the Grenadines,

(unreadable signature).

By the Government of Saint Lucia,

(unreadable signature).

By the Government of Suriname,

(unreadable signature)

By the Government of the Republic of Trinidad and Tobago,

(unreadable signature).

By the Government of the Republic of Venezuela,

(unreadable signature)

In addition to the above States, the following States, countries and territories have signed this Convention, pursuant to Articles IV (2) and XXII related to the Association's Associate Members;

By the Government of Anguilla,

(unreadable signature).

By the Bermuda Government,

(unreadable signature).

By the Cayman Islands Government,

(unreadable signature).

By the Government of the Turks and Caicos Islands,

(unreadable signature).

By the Government of the British Virgin Islands,

(unreadable signature).

By the Montserrat Government,

(unreadable signature).

By the Government of the French Republic

(for: Guadeloupe, Guyana, and Martinique),

(unreadable signature).

By the Government of the Kingdom of the Netherlands

(Aruba and Netherlands Antilles),

(unreadable signature).

ANNEX I.

List of States for which the

is open

participation in the Association as Member States.

Antigua and Barbuda

Barbados

Belize

Colombia

Costa Rica

Cuba

Dominica

El Salvador

Mexican United States

Grenada

Guatemala

Guyana

Haiti

Honduras

Jamaica

The Bahamas

Nicaragua Panama

Dominican Republic

St. Kitts and Nevis

St. Vincent and the Grenadines Saint Lucia Suriname Trinidad and Tobago

Venezuela.

ANNEX II.

List of States, Countries, and Territories for which

participation as Associate Members is open.  

Anguilla Bermuda Islands Cayman

Turks and Caicos Islands

British Virgin Islands

U.S. Virgin Islands

Montserrat

Puerto Rico

French Republic (in the title of: Guadeloupe Guiana Martinique

Kingdom of the Netherlands (Aruba and Netherlands Antilles).

The undersigned Head of the Legal Office

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is a faithful photocopy taken from the original of the "Constitutional Convention of the Association of the Caribbean States", signed in Cartagena de Indias, on 24 July 1994, which is based on the archives of the Legal Office of the This Ministry.

Dada en Santafe de Bogota, D. C., at six (6) days of the

December of a thousand nine hundred and ninety-four (1994).

the Chief Legal Officer,

HECTOR ADOLFO SINTURA VARELA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government

Contact and post.

Execute previous Constitutional Court review

pursuant to Article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., 8 November 1995.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

Executive Branch of the Public Power.

Presidency of the Republic.

Santafe de Bogota, D.C., December 28, 1994.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(Fdo.) RODRIGO PARDO GARCIA-PENA.

DECRETA:

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ARTICLE 1A. Approve the "Constitutional Convention of the Association of the Caribbean States" signed in Cartagena de Indias on 24 July 1994.

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ARTICLE 2A. In accordance with the provisions of Article 1. of Law 7a. In 1944, the "Constitutional Convention of the Association of the Caribbean States", signed in Cartagena de Indias on July 24, 1994, which, by the first article of this Law, is approved, will force the country from the date on which the international link with respect to the same.

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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 a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., 8 November 1995.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

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