Whereby The "protocol On The Programme For The Regional Study Of The Phenomenon El Niño In The Pacific Southeast" Signed In Puerto Callao, Peru, On November 6, 1992 Is Approved

Original Language Title: Por la cual se aprueba el "Protocolo sobre el Programa para el Estudio Regional del Fenómeno 'El Niño' en el Pacífico Sudeste", suscrito en Puerto Callao, Perú, el 6 de noviembre de 1992

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ACT

(July 16)

Official Journal No. 42,838 of July 23, 1996

By means of which the "Protocol on the Program for the Regional Study of the Phenomenon the Child in the Southeast Pacific" is approved, signed in Puerto Callao, Peru on November 6, 1992.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC,

DECRETA:

Having regard to the text of the "Protocol on the Program for the Regional Study of the Phenomenon of the Child in the Southeast Pacific", signed in Puerto Callao, Peru, on November 6, 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 ON THE PROGRAM FOR REGIONAL STUDY

OF THE PHENOMENON THE CHILD IN THE SOUTHEAST PACIFIC (ERFEN) "

The Governments of the Member States of the Permanent Commission of the South Pacific (CPPS), Colombia, Chile, Ecuador, and Peru, duly represented,

CONSIDERING:

That the declaration of Santiago of 18 August 1952 on the Maritime Zone and the creation of the Permanent Commission of the South Pacific highlight the importance of the marine environment for the development of its peoples and the need for a rational exploitation of your resources;

That in the area of the Southeast Pacific there are recurring oceanic-atmospheric phenomena known as El Niño and others that significantly affect the economic and social conditions of their peoples, for losses in production fisheries, agriculture, industry, communications and coastal infrastructure, among others;

That these phenomena also cause positive effects in some sectors of the maritime and terrestrial ecosystem;

That, likewise, there are conditions of opposite characteristics to El Niño that can have repercussions of different order, by improving the development of some resources at sea, curbing the development of others or favoring some types of agriculture;

That the pre-cited oceanic-atmospheric changes, in their origins and consequences, transcend the borders of the riparian countries and reach global reaches;

That such a circumstance forces international cooperation to understand its mechanisms and be able to predict them for the benefit of a forward-looking planning of its economic, social and related effects;

That the recurrence of El Niño phenomenon in the Southeast Pacific, with marked socio-economic effects, led in 1974 to the countries that make up the CPPS to the constitution of the Regional Study of the Phenomenon the Child (ERFEN) Program that works with the participation of the research institutions of the member countries, the coordination of the CPPS and the support of other international organisations;

That the basic goal of ERFEN is to be able to predict ocean-atmospheric changes, with sufficient anticipation to allow adaptation or emergency policies against variations in fishing, agricultural, and industrial performance, and marketing decisions, hydrobiological and other resource management;

That the development of the ERFEN Program has proven its goodness to generate in the region a coordinated development of the oceanic and atmospheric sciences and has demonstrated its potential for the practical application of variability forecasts. climate and fishery resources, as well as for disaster forecasting programmes;

That the Foreign Ministers of the CPPS member states expressed in the "Quito Declaration", signed on December 10, 1987, the " need to strengthen the Regional Study of the Phenomenon the Child as one of the priority activities for regional cooperation, providing it with an appropriate institutional framework, in accordance with financial resources, and complementing it with practical programmes enabling countries to anticipate and react to it. presence of natural economic and social impact phenomena such as El Niño ";

Have agreed to the following:

ARTICLE 1o. ERFEN PROGRAM FEATURES.

1. The Parties agree, pursuant to this Protocol, to institutionalize and consolidate a comprehensive and multidisciplinary Program for the Regional Study of the Phenomenon of El Niño (ERFEN), in the fields of meteorological, oceanographic (physical and chemical), biologico-marine, biologic-fishing, training and socio-economic. They will seek to obtain integrated results with practical implementation.

2. They also undertake to develop Scientific Action Plans, renewable, according to the Comprehensive Program. Such Plans shall be implemented in accordance with the objectives and strategies referred to in that Programme and with this Protocol.

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ARTICLE 2o. APPLICATION AREA.

1. The scope of the ERFEN Programme is the area of influence of El Niño and other anomalies, both in the maritime area under the sovereignty and jurisdiction of the States Parties up to two hundred miles, and in their territories. continental and insular.

2. The Parties shall extend the application of this Program, outside this scope, according to the requirements of the El Niño and other anomalies.

3. The Parties shall, by means of the Executive and Coordination Unit of this Program, arrange for the necessary arrangements to this effect with other States, organizations and international programs.

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ARTICLE 3o. GENERAL OBLIGATIONS. The Parties hereby force each other, under this Protocol, to:

a) To support individually and through bilateral and multilateral cooperation the Regional Study of the Phenomenon el Niño (ERFEN) and consequently the basic oceanic and atmospheric research that refer to changes in the medium and long term: as well as the impacts produced by such changes;

b) Collaborate in the concertation and implementation of agreements that are necessary for the adoption of rules and procedures that allow for the widest application of this Program;

(c) Cooperating at the regional level, through the ERFEN National Committees, in the formulation, adoption and implementation of work programmes and methods that allow for the proper interpretation and application of data and information that is obtain, and

d) Deploy the efforts at their disposal, through the specialized institutions of each country, to provide the scientific, technical and administrative personal program, operation of research vessels, infrastructure for the research and training, as well as support for the ERFEN Programme meetings.

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ARTICLE 4. SURVEILLANCE AND PREDICTION OF THE PHENOMENON THE CHILD AND ASSESSMENT OF THEIR SOCIO-ECONOMIC EFFECTS. For such purposes, the Parties are also obliged to participate:

(a) In the integrated surveillance activities referred to in the following article: as well as in the ocean-climatic prediction and in the biologic-marine and biological-fishery studies that allow to detect, in an early form, changes in the composition and abundance of biological communities, and

b) In the activities of assessment and forecasting of the impacts caused by El Niño and other anomalies in the maritime and terrestrial areas for the effects of the corresponding socio-economic planning.

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ARTICLE 5o. INTEGRATED SURVEILLANCE. Integrated surveillance shall comprise basically the following activities:

a) Coordinated seasonal cruises;

b) Synoptic observations provided by vessels, and by aircraft associated with fishing;

c) Continuous records of meteorological and oceanographic variables, from fixed stations; as well as biologic-marine and biological-fishing periodic records from those stations or through other means;

d) Regular measurements of the thermal structure of the sea, obtained on cruise ships and on opportunity vessels;

e) Rapid collection and transmission of meteorological and oceanographic information;

f) Processing, analysis and rapid diffusion of meteorological and oceanographic data generated by remote sensors of international programs, recorded by drifts and by satellite telemetry systems;

g) Individual and community biological observations, as indicators on the variability of the environment and its effects;

h) Registers on socio-economic impacts; and

i) Rapid exchange of information on conditions or indications, linked to the El Niño phenomenon, between the countries of the region and with other countries and international organizations.

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ARTICLE 6o. REGIONAL COOPERATION ON OCEAN-CLIMATIC PROBLEMS AND THEIR EFFECTS.

1. The Parties to this Protocol shall support, through the respective specialized institutions and their National Committee, the implementation and development of integrated research and regional cooperation programmes in the South East Pacific on the ocean-climate problems and their socio-economic and related effects.

2. They shall cooperate with the Regional Scientific Committee and the Executive and Coordination Unit for the implementation and development of these programmes in the region as a whole.

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ARTICLE 7o. SCIENTIFIC AND TECHNOLOGICAL COOPERATION. The Parties to this Protocol shall promote, in the same way, through the National Committees and the Executive and Coordination Unit, activities of scientific and technical cooperation and enlargement of national capacities for the handling and interpretation of information, by means of:

a) Personnel information and training;

b) Active participation in the ERFEN Program;

c) The exchange of personnel through horizontal cooperation;

d) The joint interpretation and result application work;

e) The organization of a system of referential, bibliographic and data information in the different fields of specialty;

f) The dissemination of specialized information, through the use of available electronic means, and

g) The development of models that allow predictions about the oceanic-atmospheric phenomena and their socio-economic and related impacts.

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ARTICLE 8o. INTERCHANGE OF INFORMATION.

1. The Parties shall support the exchange of data and the information required to develop integrated regional cooperation programmes, as well as surveillance, prediction and impact assessment activities.

2. For these purposes, the specialized institutions in each country will adopt systems and mechanisms to strengthen the exchange of data and information, identified during the meetings of the Regional Scientific Committee as necessary for the compliance with the ERFEN Programme and its Action Plan.

3. The data and information referred to in the preceding paragraphs basically comprise the following fields: meteorological data; oceanographic data; information on the results of research programmes; biological-marine and biological-fishing for alert and effects; information on damages and disasters produced by oceanic-atmospheric changes in the productive activities, both at sea and in the rest of the region affected by the phenomenon of El Child and other abnormalities; results and analysis of ocean and atmospheric changes, climate and other necessary for the fulfillment of the purposes of the ERFEN Program.

4. In accordance with the following article, the ERFEN Program will exchange the meteorological and oceanographic data and relevant information with other international programs that are dedicated to research of El Niño and other phenomena. Ocean-climatic variabilities.

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ARTICLE 9o. COOPERATION WITH PROGRAMMES OF A GLOBAL NATURE AND OTHERS ON OCEAN-ATMOSPHERE INTERACTION.

1. For its best development, the ERFEN Programme shall cooperate and coordinate its activities with programmes of a global nature and other regional or specialised programmes in relation to ocean-atmosphere interaction.

2. To this end, the Executive and Coordination Unit shall agree on the relevant arrangements to be submitted for the approval of the meeting of the Parties, with a technical report from the Regional Scientific Committee.

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ARTICLE 10. MEETINGS OF THE PARTIES.

1. On the occasion of the Regular Meetings of the Permanent Commission of the South Pacific, and based on the respective report of the Executive and Coordination Unit, the Parties shall assess the extent to which this Protocol and the ERFEN Program are complied with and adopt the resolutions and other measures they deem appropriate for the best implementation of this Protocol and the satisfactory development of the said Programme, including the regulatory and other standards required by the Programme and its amendments; as the corresponding financial and budgetary provisions.

2. In addition, the Parties may hold Extraordinary Meetings at the initiative of either Party or the Executive and Coordination Unit in consultation with the Parties.

3. Likewise, the meeting of the Parties will adopt the general guidelines and the budget of the Action Plan for the ERFEN Program and its updates.

4. Consensus is required between the Parties for the adoption of resolutions and other measures corresponding to the ERFEN Programme.

5. Equally, consensus approval is required between the Parties for the entry into force of the agreements referred to in paragraph 2. Article IX of this Protocol.

6. The presidents of the National Committees will meet occasionally, convened by the Executive and Coordination Unit, to evaluate the Program and to formulate recommendations for its best development.

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ARTICLE 11. INSTITUTIONAL MECHANISMS.

1. The ERFEN programme has the following institutional mechanisms for the development of its activities:

a) The Executive and Coordination Unit (UEC-ERFEN);

(b) The Regional Scientific Committee (CCR-ERFEN);

c) National Committees (CN-ERFEN); and

(d) The Specialized Institutions (IE-ERFEN).

2. In addition, specific working groups (GTE-ERFEN) may be established, in accordance with literal (b) of the following Article 4 (4).

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ARTICLE 12. EXECUTIVE AND COORDINATION UNIT.

1. The Parties constitute the General Secretariat of the CPPS in the Executive and Coordination Unit of the ERFEN Programme (UEC-ERFEN).

2. This Unit shall be under the direct responsibility of the Deputy Secretary-General for Scientific Affairs of the CPPS, without prejudice to the responsibilities and responsibilities of the Secretary-General, as legal representative and coordinator of all the activities of the General Secretariat of the CPPS.

3. The Executive and Coordination Unit shall have the main responsibility for promoting the ERFEN Programme and for coordinating its implementation at regional and international level.

4. The Executive and Coordination Unit shall, in particular, carry out the following

:

(a) Call for meetings of the Regional Scientific Committee (CCR-ERFEN) and other necessary ones: to organise such meetings and activities of the Programme, in general;

b) Constituting Specialized Working Groups (GTO-FESEN) for specific studies, as required by the Program and on the recommendation of the Regional Scientific Committee;

(c) Managing international technical and financial cooperation for the implementation of the ERFEN Programme and contracting, for this purpose, on behalf of the ERFEN Programme, the corresponding obligations, with the prior settlement of the Parties;

d) Promote the exchange of information and publish the results of the research and progress of the Program in specialized newsletters of international circulation;

e) Include your report on the ERFEN Program in the memory of the General Secretariat of the CPPS to the Regular Meetings of the Permanent Commission of the South Pacific and in its annual reports to the National Sections of the CPPS, with the projects and recommendations that I shall find in the case subject to the approval of the Parties for the best compliance with this Protocol and the effective development of this Protocol;

(f) Transmitting the Action Plan for the ERFEN Programme to the Parties, including integrated monitoring and socio-economic planning and monitoring activities and their respective updates, prepared by the CCN-ERFEN; and

g) To present a report on the implementation of the Programme at the annual meetings of the Regional Scientific Committee (CCR-ERFEN).

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ARTICLE 13. REGIONAL SCIENTIFIC COMMITTEE.

1. The ERFEN Regional Scientific Committee (CCR-ERFEN) is a technical body, consisting of one or more specialists in each of the scientific components of the Programme, namely: oceanographic, meteorological, biological-marine and biologic-fishing, designated by each Party. It will seek to incorporate specialists in the social and economic sciences.

2. The CCR-ERFEN shall meet by convening the UEC-ERFEN, once a year or whenever it is required.

3. The CCR-ERFEN will integrate its Board of Directors with the President and the Rapporteur who will elect them among its members for each meeting and with the Coordinator who will be the Assistant Secretary General for Scientific Affairs of the CPPS.

4. The CCR-ERFEN has the following purposes:

a) Prepare and adopt within the general guidelines and budgets approved by the Meeting of the Parties, a Renewable Action Plan for the ERFEN Program, with a view to its progressive and sustained development that will include the activities of integrated surveillance and socio-economic assessment and planning;

b) Analyze and evaluate the implementation of the ERFEN Programme and the Action Plan, and recommend to the UEC-ERFEN the necessary adjustments;

c) Develop technical reports on meteorological, oceanographic, biological-marine and biological-fishing conditions in the area of application of the Program and the socio-economic effects of El Niño and other anomalies;

(d) Interchange knowledge and experience in oceanographic, meteorological and socio-economic impact research, in accordance with Article VIII of this Protocol; and

e) Solve consultations on issues related to the ERFEN Programme that the Executive and Coordination Unit will formulate.

5. The Action Plan shall be deemed to have been approved if no observations have been made within 60 days of its communication to the Parties. In the case of receiving observations, they shall only apply to the Party that makes them. The actions envisaged in the Plan will be implemented in the meantime.

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ARTICLE 14. NATIONAL COMMITTEES.

1. Each Party to this Protocol shall constitute its National Committee for the ERFEN Programme (CN-ERFEN) with the institutions it deems appropriate for the proper implementation of the Programme and shall keep the EUC-ERFEN informed thereof.

2. Each Party shall provide its National Committee with an institutional and legal structure that ensures the stability, continuity and effectiveness of its work and will address the costs of its operation, with its own funds or with those it obtains from the financial and technical cooperation from other sources.

3. The National Committee of each country will have an authority, through which it will establish close coordination, both among the specialized institutions of the respective country, participants in the Program (IE-ERFEN), and with the Executive and Coordination (UEC-ERFEN).

4. Each National Committee and the UEC-ERFEN shall make the necessary arrangements to ensure that the communications they exchange are timely and regularly known to the President of the respective CPPS National Section.

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ARTICLE 15. SPECIALIZED INSTITUTIONS.

1. The specialized institutions (IE-ERFEN), designated in accordance with paragraph 1 of the preceding article, shall approve the conduct of investigations into the El Niño phenomenon and other anomalies and its effects, taking into account the Plan of Action by the Regional Scientific Committee.

2. To this end, they will provide the necessary information to the respective National Committee, having a database on the investigation of the El Niño phenomenon and other anomalies for national and international exchange purposes.

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ARTICLE 16. Financials.

1. The ERFEN Programme is financed primarily with the contributions of each Party and with which it obtains from other sources to carry out the respective activities within its jurisdiction, as part of the operations and investigations. regular.

2. As a financial basis for the functioning and activities of the Regional Scientific Committee and the Executive and Coordination Unit, the Programme has the respective allocations in the budget of the General Secretariat of the CPPS and the corresponding input from non-CPPS countries which are part of this Programme.

3. Also, the Program has for the development of its activities with the technical and financial participation of other international organizations with responsibilities in the activities related to this Program; as well as with the contributions and donations that I will get from other sources.

4. In particular, the Executive and Coordination Unit will deploy, with the support of the parties, the necessary steps to ensure that the United Nations Development Programme (UNDP), the Unesco Intergovernmental Oceanographic Commission (COI-UNESCO), and the World Meteorological Organization (WMO) continue to cooperate and support the implementation of the ERFEN Programme and the meetings of the Regional Scientific Committee.

5. The Executive and Coordination Unit shall manage the cooperation and support of other countries and international organisations for the development of the activities of the Programme.

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ARTICLE 17. PARTES. The signatory States which ratify it and the States acceding to it are Parties to this Protocol.

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ARTICLE 18. RATIFICATION AND VALIDITY.

1. This Protocol shall be submitted for approval and ratification by its signatories.

2. It shall take effect 60 days after the deposit of the third instrument of ratification and, in respect of the fourth ratite, the same sixty days after the deposit of its instrument of ratification.

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ARTICLE 19. AMENDMENTS.

1. Any Party to this Protocol may at any time propose amendments thereto.

2. Proposals for amendments shall be communicated through the General Secretariat of the CPPS to the other Parties for consideration by a Conference of Plenipotentiaries convened by it, at the request of either Party.

3. The adoption of amendments requires the unanimity of the Parties.

4. The amendments are subject to ratification and will enter into force 60 days after three of the signatories to this Protocol have deposited their respective instruments of ratification. For the Party or Parties which subsequently ratify them, the amended Protocol shall enter into force 60 days after the deposit of the respective instrument of ratification.

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ARTICLE 20. ADHESION.

1. This Protocol is open to the accession of other States, at the unanimous invitation of its Parties.

2. Prior to the invitation, the acceding State shall agree, through the UEC-ERFEN, in consultation with the Parties, the financial contribution corresponding to it in the Programme.

3. Accession shall be made by deposit of the respective instrument in the General Secretariat of the CPPS, which shall communicate it to the Parties.

4. This Protocol shall enter into force for the State acceding 60 days after the deposit of the respective instrument.

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ARTICLE 21. RESERVATIONS. This Protocol does not allow for reservations.

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ARTICLE 22. COMPLAINT.

1. This Protocol may be denounced by any of its Parties after two years of its validity for the complaining Party.

2. The complaint shall be made by written notification to the depositary which shall communicate it to the other Parties.

3. The complaint shall take effect one year after its notification.

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ARTICLE 23. DEPOSITARY.

1. The General Secretariat of the Permanent Commission of the South Pacific is the depositary of this Protocol and its amendments, as well as its instruments of ratification, accession and denunciation.

2. The depositary shall distribute to the Parties the authentic text of this Protocol and its amendments and shall register it with the Secretariat of the United Nations.

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ARTICLE 24. TRANSITIONAL PROVISIONS.

1. The ERFEN Programme will continue to develop, in accordance with the rules and structure currently governing it, until this Protocol enters into force.

2. The agreements and projects for the current development programme, which the CPPS has concluded with other international organisations, will continue to be implemented.

3. The UEC-ERFEN shall manage for them any adjustments which may require the best implementation of the Programme with the validity of this Protocol.

In faith of which, the plenipotentiaries duly

authorized by their respective governments, subscribe

this Protocol, on board the research vessel

Peruvian scientist "Humboldt", at the Port of Callao,

on November 6, a thousand nine hundred and ninety-two.

By the Colombian Government,

JAIME PINZON LOPEZ,

Ambassador.

By the Government of Chile,

MARIO CADEMARTORI GREENIZZI,

Minister Counsellor.

By the Government of Ecuador,

MENTOR VILLAGOLICE M.,

Minister.

By the Government of Peru,

ALFONSO ARIAS-SCHREIBER P.,

Ambassador.

This is a faithful copy of the original found

deposited with the General Secretariat

of the CPPS. Santiago, 25 May 1993.

The Deputy Secretary General for Legal Affairs of the CPPS,

TEODORO BUSTAMANTE MUNOZ.

The Chief Encharged of the Legal Office

from the Ministry of Foreign Affairs,

CERTIFIES:

That the present reproduction is faithful photocopy of the text of the Protocol on the Program for the Regional Study of the Phenomenon "El Niño in the Southeast Pacific", signed in Puerto Callao, Peru, on November 6, 1992.

Given in Santa Fe, D.C., at twenty-three (23) days of the

March of a thousand nine hundred and ninety-five (1995).

The Head of the Legal Office (E).,

SONIA PEREIRA PORTILLA.

EXECUTIVE BRANCH OF THE PUBLIC POWER PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D.C., March 27, 1995.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

DECRETA:

ARTICLE 1A. Approve the Protocol on the Program for the Regional Study of the Phenomenon the Child in the Southeast Pacific, signed in Puerto Callao, Peru on November 6, 1992.

ARTICLE 2A. Pursuant to item 1o. of Law 7a. The Protocol on the Program for the Regional Study of the Phenomenon of the Child in the Southeast Pacific, signed in Puerto Callao, Peru, on November 6, 1992, as provided for in 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.

Republic of Colombia-National Government.

Contact and post.

Execute previous Constitutional Court review

pursuant to article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, D.C., 16 July 1996.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

The Minister of National Defense,

JOHN CARLOS ESGUERRA PORTOCARRERO.

The Minister of the Environment,

JOSE VICENTE MOGOLLON VELEZ.

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