1997 (January 21)
Official Gazette No. 42967 of January 27, 1997
Through which the "Convention on Wetlands of International Importance Especially as Waterfowl Habitat approved water ", signed in Ramsar two (2) February in 1971 (1971). Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, signed in Ramsar two (2) February in 1971 (1971) .
(To be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office (E) of the Ministry of Foreign Affairs attached).
Recognizing the interdependence of man and his environment,
Considering the fundamental ecological functions of wetlands as regulators of water regimes and as habitats supporting a characteristic flora and fauna, especially waterfowl.
CONVINCED that wetlands constitute a resource of great economic, cultural, scientific and recreational value, the loss would be irreparable, prevent
Desiring now and in the future the progressive encroachment on and loss of wetlands, Recognizing
that waterfowl in their seasonal migrations may transcend frontiers and so should be regarded as an international resource,
Convinced that the conservation of wetlands and their flora and fauna can be ensured by combining far-sighted national policies with action international coordinated.
Have agreed as follows: ARTICLE 1o
1. For the purposes of this Convention wetlands are areas of marsh, fen, peatland or surface water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth at low tide does not exceed six meters.
2. For the purposes of this Convention waterfowl are birds ecologically dependent on wetlands.
1. Each Contracting Party shall designate suitable wetlands within its territory for inclusion in the List of Wetlands of International Importance, hereinafter called "The List" maintained by the Office established under article 8. The boundaries of each wetland shall be precisely described and also delimited on a map and they may incorporate riparian and adjacent coastal areas and islands or bodies of marine water deeper than six meters at low tide, when they are within the wetland and especially where these have importance as waterfowl habitat.
2. The selection of wetlands included in the List on account of their international significance in terms of ecology, botany, zoology, limnology or hydrology. First wetlands of international importance to waterfowl at any season should be included.
3. The inclusion of a wetland in the List does not prejudice the exclusive sovereign rights of the Contracting Party in whose territory is wetland.
4. Each Contracting Party shall designate at least one wetland to be included in the List when signing the Convention or depositing its instrument of ratification or accession in accordance with the provisions of article 9.
5. Any Contracting Party shall have the right to add to the List further wetlands situated within its territory, to expand those already included or urgent national interest to withdraw from the List or restrict the boundaries of wetlands already included and report on these amendments as quickly as possible to the organization or the person responsible for the functions of the permanent office specified in Article 8 Government.
6. Each Contracting Party shall consider its international responsibilities regarding the conservation, management and wise use of migratory stocks of waterfowl, both when designating wetlands within its territory for inclusion in the List and when exercising its right to change entries.
1. The Contracting Parties shall formulate and implement their planning so as to promote the conservation of wetlands included in the List, and as far as possible the wise use of wetlands in their territory.
2. Each Contracting Party shall arrange to be informed as soon as possible about changes in the ecological character of any wetland in its territory and included in the List, and that may have occurred or may occur as a result of technological development of pollution or any other intervention. Information on such changes shall be passed without delay to the organization or the person responsible for the functions of the permanent office specified in Article 8 government.
1. Each Contracting Party shall promote the conservation of wetlands and waterfowl by establishing nature reserves on wetlands, whether or not included in the list and take appropriate measures for safe keeping.
2. When a Contracting Party in its urgent national interest removed from the list or restricts the boundaries of a humeral included in it, you must offset as far as possible the loss of wetland resources, and in particular create additional nature reserves for waterfowl and for the protection of an adequate portion of the original habitat, in the same region or elsewhere.
3. The Contracting Parties shall encourage research and exchange of data and publications regarding wetlands and their flora and fauna.
4. The Contracting Parties shall endeavor to increase waterfowl populations through management of appropriate wetlands.
5. The Contracting Parties shall promote the training of personnel for research, management and custody of wetlands.
The 5th ITEM. The Contracting Parties shall consult on compliance with the obligations arising from the Convention especially in the case of a wetland extending over the territories of more than one Contracting Party or where a water system is shared by them. At the same time, they shall endeavor to coordinate and support the current and future policies concerning the conservation of wetlands and their flora and fauna regulations.
1. A Conference of the Contracting Parties shall be established to review the present Convention and encourage its use. The office that article 8 refers to., Paragraph 1o., Convene regular meetings of the Conference of the Contracting Parties at intervals of not more than three years, unless the conference decides otherwise, and extraordinary meetings at the written request of at least one third of the Contracting parties. At each ordinary meeting, the Conference of the Contracting Parties shall determine the place and date of the next regular meeting.
2. The Conference of the Contracting Parties shall be competent:
(a) To discuss the implementation of this Convention;
(B) To discuss additions and modifications to the list;
(C) To consider information regarding changes in the ecological character of wetlands included in the List provided under Article 3.2;
(D) To make general or specific recommendations to the contracting parties and relating to the conservation, management and wise use of wetlands and their flora and fauna Parties;
(E) To request relevant international bodies to prepare reports and statistics on matters which are essentially international nature that are related to wetlands;
(F) To adopt other recommendations, or resolutions, to promote the implementation of this Convention.
3. The Contracting Parties shall ensure that those responsible for the management of wetlands at all levels are informed and take into consideration the recommendations of such Conferences concerning the conservation, management and wise use of wetlands and their flora and fauna.
4. The Conference of the Contracting Parties shall adopt rules of each of its meetings.
5. The Conference of the Contracting Parties shall establish and keep under review the financial regulations of this Convention. In each of its regular meetings to vote on the budget for the next financial period by a majority of two thirds of the Contracting Parties present and voting.
6. Each Contracting Party shall contribute to the budget according to the scale of assessments approved unanimously by the Contracting Parties present and voting at a regular meeting of the Conference of the Contracting Parties.
1. The Contracting Parties shall include in their representation at conferences to people who are experts on wetlands or waterfowl by reason of knowledge and experience gained in scientific, administrative or other functions.
2. Each of the Contracting Parties represented at a Conference shall have one vote and the recommendations, resolutions and decisions are taken by simple majority of the Contracting Parties present and voting unless the Convention provides otherwise.
1. The International Union for Conservation of Nature and Natural Resources shall perform the functions of the Permanent Bureau under the present Convention until such time as another organization or government is appointed by a majority of two thirds of all Contracting Parties.
2. The obligations of the Permanent Bureau will include:
(a) assist in the convening and organizing conferences provided for in Article 6 .;
(B) To maintain the List of Wetlands of International Importance and receive information from the Contracting Parties of any additions, extensions, deletions or restrictions concerning wetlands included in the list, as provided in Article 2.5;
(C) To receive information from the Contracting Parties of any changes in the ecological character of wetlands included in the List, as provided in Article 3.2;
(D) Notify the contracting parties any alterations to the List or changes in character of wetlands included therein, and to arrange for these matters to be discussed at the next Conference;
(E) To inform the Contracting Party concerned the recommendations of the Conferences in respect of such alterations to the List or changes in character of wetlands included therein.
1. The Convention shall remain open for signature indefinitely.
2. Every member of the United Nations Organization or one of its specialized agencies or the International Atomic Energy Agency, or part of the Statute of the International Court of Justice may become a party to this Convention by: || | (a) signature without reservation of ratification;
(B) signature subject to ratification followed by ratification;
3. Ratification or accession shall be effected by the deposit of an instrument of ratification or accession with the Director General of the Organization of the United Nations Educational, Scientific and Cultural Organization hereinafter referred to as "the Depositary".
1. The Convention will enter into force four months after seven States have become Contracting Parties to the Convention in accordance with the provisions of Article 9.2.
2. From that moment the Convention enters into force for each Contracting Party four months after the date of its signature without reservation of ratification or of deposit of its instrument of ratification or accession.
1. This Convention may be amended at a meeting of the Contracting Parties convened for that purpose in accordance with this Article.
2. Any Contracting Party may submit proposals for amendment.
3. The text of any proposed amendment and the reasons for it shall be communicated to the organization or the government to act as a permanent office under this Convention (hereinafter "the Office") and shall promptly be communicated to all Contracting Parties. Any comments of a Contracting Party on the text; It will be communicated to the office during the three months following the date on which the office has communicated the proposed amendments to the Contracting Parties. The office immediately after the deadline for submission of comments, communicate to the Contracting Parties all have received to date.
4. At the written request of one third of the Contracting Parties, the office will convene a meeting of the Contracting Parties to consider any proposed amendment communicated under the 3rd paragraph with. The office will consult the parties as to the date and place of the meeting.
5. Amendments shall be adopted by a majority of two thirds of the Contracting Parties present and voting.
6. Once approved, the proposed amendment shall enter into force for those Contracting Parties which have accepted it, the first day of the fourth month following the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance with the depositary. For a contracting party to deposit an instrument of acceptance after the date on which two thirds of the Contracting Parties have deposited an instrument of acceptance, the amendment shall enter into force on the first day of the fourth month following the date of deposit of the instrument acceptance by that party.
1. This Convention shall remain in force indefinitely.
2. Any Contracting Party may denounce the Convention after five years from the date of entry into force for that party by giving written notification to the depositary.
1. The depositary shall promptly inform all States that have signed the Convention or acceded to it:
a) Signatures of this Convention;
B) deposits of instruments of ratification of this convention;
C) deposits of instruments of accession to this convention;
D) The date of entry into force of this Convention;
E) Notifications of denunciation of this convention.
2. When this Convention has entered into force, the depositary shall register with the Secretariat of the United Nations organization, in accordance with the provisions of Article 102 of the Charter.
In witness whereof, the undersigned, being duly authorized thereto
, have signed this convention.
Done at Ramsar on February 2, 1971 in a single copy in the original
English, French, German and Russian texts are all equally
that it copy is entrusted to the depositary, which shall transmit certified copies to
and all Contracting Parties.
The undersigned chief in charge of the Legal Office
Ministry of Foreign Affairs DECLARES
That this faithful reproduction is taken photocopy of the certificate text of the "Convention on Wetlands of International Importance International Especially as Waterfowl Habitat ", signed in Ramsar on February 2 in 1971 (1971), a document that is on file in the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, nineteen days (19) days (sic)
of March in 1996 (1996).
The Chief Legal Office (E.)
SONIA PEREIRA PORTILLA. STATEMENT OF MOTIVES
the bill, through which the "Convention on Wetlands of International Importance Especially as Waterfowl Habitat approved, made in Ramsar-Iran on February 2, 1971. honorable Senators and Representatives
on behalf of the Government of Colombia and subject to the provisions of articles 150, paragraph 16, numeral 189 2nd and 224 of the Constitution, I have the honor to submit for consideration by the honorable Congress the bill by which "Wetlands of International Importance Especially as Waterfowl Habitat Convention Relating" the approved, signed in Ramsar two (2) February 1971, as amended by the Protocol Paris three (3) December 1982 and the Regina amendments of twenty-eight (28) May 1987, within the framework of the United Nations Educational, Scientific and Cultural Organization-UNESCO. | || 1. Introduction.
Environmental protection is one of the fundamental principles collected joining our new Constitution, thus, to the growing global concern for the conservation of this planet. Control environmental deterioration, repairing damage to the environment, safeguarding the diversity and integrity of the environment, sustainable development of natural resources, the conservation of areas of special ecological importance and the promotion of educational programs the achievement of those purposes, duties of a State which, like ours, is fully aware of the value of their natural resources.
Consequently, through Articles 8., 79, 80, 81, 82, and 226, these postulates were echoed in the Constitution of Colombia. But they only become important and become effective if mechanisms that allow a coherent and continuous development, either through the adoption of international conventions on the matter or by adopting rules of national origin are adopted.
Likewise, Law 99 of 1993, in its article 5.., Paragraph 24, attributed to the Ministry of Environment regulating the conditions of conservation and management of marshes, lakes, ponds and other inland water ecosystems.
In addition, the Ministry of Environment has the function of promoting relations with other countries on environmental issues and multilateral cooperation for the protection of natural resources, and representing the National Government in the implementation of international treaties and conventions on environment and renewable natural resources.
This convention would be an essential element in the policies adopted by Colombia in the National Plan for Environmental Development for promoting a sustainable environmental management. This includes the care, maintenance and recovery of our water systems and the preservation of strategic ecosystems such as wetlands, they are characterized by their high biodiversity but also for being seriously threatened. Land reclamation, pollution and overexploitation of the species are reasons to set as a priority the defense of these ecosystems.
Because of its unique characteristics, hydrological and ecological wetlands provide services vital interest to national development and it is essential to prevent environmental degradation by dint of strengthening and consolidating the international presence in the country in accordance with national needs and interests .
And it is that wetlands are one of the most productive ecosystems in the world. In addition to their great aesthetic and scenic value, have global repercussions on fishing for two-thirds of it depends on your good condition. Further maintain the water table which is a prerequisite for the proper functioning of agricultural element, timber production, water storage, flood regulation and reducing natural hazards.
Stabilize also coastal belts, purify water for consumption and protect the coastal streams, likewise, are essential to the survival of many species of fauna and flora, element many of which are endangered .
Intergenerational responsibility is a duty that the State can not propose. Therefore, the adoption of a convention like the one today to the consideration of the honorable Congressmen would constitute a major element in preserving not only an important component of our natural resources but also a collection that, like the birds there migrate, it belongs to humanity.
This Convention is an intergovernmental treaty framework for international cooperation in regards to the conservation of wetlands. Today, ninety (90) countries, including Argentina, Brazil, Bolivia, Costa Rica, Chile, Ecuador, Guatemala, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela belong to the Latin American community, are members of this Convention. Colombia is the most notable absentee.
The primary purpose of this Convention is the conservation and protection of wetlands of international importance and, especially, of harboring waterfowl that are ecologically dependent on wetlands.
The Convention defines these ecosystems as those areas of marsh, fen, peatland or water from natural or artificial, permanent or temporary, static or flowing, fresh, brackish or salt, including areas of marine water the depth in low tide does not exceed six meters.
2.2 Obligations under the Convention.
By acceding to the Convention, the State party undertakes to respect four main obligations, namely, the designation of at least one wetland to be included in the list of wetlands of international importance, rational use of all these ecosystems , creating nature reserves and mutual consultations between States when sharing one.
The inclusion of a wetland in the List does not prejudice the exclusive sovereign rights of the Contracting Party in whose territory the wetland is located.
The Contracting Parties may, by urgent national interest, delist or restrict the boundaries of wetlands included in but should be offset, as far as possible, the loss of wetland resources, and in particular create additional nature reserves for waterfowl and for the protection of an adequate portion of the original habitat, in the same region or elsewhere.
2.3 Conditions to be part of.
Any Member of the United Nations Organization or one of its specialized agencies or the International Atomic Energy or the Statute of the International Court of Justice may become a Party to this Convention by State:
to ) signature without reservation of ratification;
B) signature subject to ratification followed by ratification;
3. Reasons to approve the Convention.
Colombia has more than two and a half million hectares of wetlands. The greatest diversity is located in San Andres, Providencia and Santa Catalina and is in danger of disappearing. But also by the different neighborhoods Sabana and Bogotá multiple wetlands that throw waste or garbage and also many are filled to be sold as lots are divided. These ecosystems are, in most cases, very fragile state. Given its sensitivity, environmental changes affect a large proportion. This element, the fact of being one of the most productive in the world redoubts and poor maintenance thereof necessary that Colombia is a party to the Convention.
Given that Colombia does not have sufficient technical possibilities much less internal funding, the adoption of this Convention will enable access to technology transfer, training of specialized personnel and resourcing international origin is much more viable by presenting environmental improvement projects to the Fund for the Conservation of Wetlands of the Convention itself, or through its contacts with multilateral agencies and bilateral development.
On the other hand, membership gives the countries a voice in major international forums on conservation and wise use of wetlands. Now, the fact of having one or more wetlands on the list places the member in a level which enables international importance will have more elements of internal control for conservation.
The Convention also provides access to the latest information and advice on the establishment of internationally accepted standards in the management of wetlands, such as, by way of example, the classification of wetland types, obtaining data to describe, optimal selection criteria for identifying wetlands of international importance and access to guidelines on the implementation of the wise use concept through national wetland policies and technical guidelines on management plans.
Needless to point out that this Convention is one of the world's five intergovernmental treaty for the conservation and rational use of natural resources and is the only one dealing with this type of ecosystem.
For the foregoing reasons, the Government attaches great importance to the country's adoption of this Convention.
Of the honorable Senators and Representatives cordially,
The Deputy Foreign Minister in charge of the functions
Office of the Minister,
Camilo Reyes Rodriguez.
The Minister of Environment, José Vicente
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC.
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano.
The Minister of Foreign Affairs,
(Sgd.) RODRIGO PARDO GARCÍA-PEÑA. DECREES
ITEM 1A. Approval of the "Convention on Wetlands of International Importance especially as Waterfowl Habitat", signed in Ramsar two (2) February in 1971 (1971).
ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1944, the "Convention on Wetlands of International Importance especially as Waterfowl Habitat", signed in Ramsar two (2) February in 1971 (1971), which article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives. GIOVANNI
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT.
Communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on January 21, 1997.
Ernesto Samper Pizano.
The Foreign Minister, Maria Emma Mejia
The Minister of Environment, José Vicente MOGOLLÓN
1 As stipulated in the Final Act of the Conference that concluded the protocol, the Depositary provided the second Conference of the Contracting Parties official versions of the convention in Arabic, Chinese and Spanish versions were prepared in consultation with the governments concerned and with the assistance of the Office.