ACT 434 OF 1998
Official Gazette No. 43,231, of February 5, 1998
By which the National Peace Council is created, functions are given and other provisions.
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. POLICY OF PEACE. The peace policy is a state policy, permamente and participatory. In its structure must work in a coordinated and harmonious all state bodies and forms of organization, action and expression of civil society, such that transcends governmental periods and to express the national complexity.
Each government will tend to enforce the aims, foundations and state responsibility in peace.
. THE GUIDING PRINCIPLES. The peace policy of the State to develop the authorities of the Republic, the National Peace Council and the Regional Peace Councils will be guided by the following principles:
a) Comprehensiveness. To achieve and maintain true peace is not enough alone elimination of war; it simultaneously requires a set of comprehensive measures of socio-economic, cultural and political nature which effectively combat the causes of violence;
B) Solidarity. Peace is not just the product of understanding and comprehension of human beings but also the result of solidarity and reciprocity;
C) Responsibility. As the pursuit of peace is an aim of the State and the head of it is the President of the Republic, he shall answer for the results; under the terms of this law, also respond Commissions and Committees are created here, and the governors and mayors in the departmental and municipal respectively;
D) Participation. Achieving and maintaining peace requires democratic participation of citizens, the joint commitment of society and the coordination of policies and strategies to achieve them;
E) Negotiation. Achieving peace involves resource priority use of dialogue and negotiation as expeditious procedures for the demilitarization of national and territorial social and political conflicts;
F) Graduality. A solid peace can only be built in a continuous and gradual process of comprehensive, supportive, responsible, participatory and negotiated solutions.
THE NATIONAL COUNCIL OF PEACE
ARTICLE 3o. CREATION AND NATURE. Create the National Peace Council with the participation of civil society as advisory and consultative body of the Government. Its mission is propender for the achievement and maintenance of peace, and facilitate harmonious collaboration of entities and state bodies, giving priority to the policy alternatives negotiation of the armed conflict, in order to achieve social relationships that ensure a comprehensive peace permanent.
PARAGRAFO. If any internal armed conflict, may also participate irregular armed actors, as long as, in the opinion of the Council have expressed their expressed willingness to participate in a peace process.
. COMPOSITION. The National Peace Council will be composed as follows:
The President of the Republic, who will preside.
A) By the Executive Branch of Public Power:
- The High Commissioner for Peace, the Ministers of Interior, Defense, Justice and Law, Finance and National Planning Director.
- Also for the treatment of military and police issues such the President may invite members of the security forces.
- A Governor for each Corpes.
- One Mayor for each Corpes;
B) the Legislative Branch of Public Power:
- Three representatives of the Senate. Given that one of them is of political minorities.
- Three MPs of the House of Representatives. Given that one of them is of political minorities.
- One deputy for every Corpes.
- A councilor for each Corpes;
C) Organs of State Control:
- Attorney General's Office.
- The Ombudsman.
- A personeros representatives of the country;
D) civil society:
- A representative appointed by the Episcopal Conference of Colombia.
- A representative elected by the other churches and faiths.
- Two representatives elected by the confederations of trade unions.
- Two representing economic sectors chosen by national associations agremien entrepreneurs of the commercial sector and services.
- Two representing economic sectors chosen by national associations agremien entrepreneurs in the industrial and agricultural sectors.
- Two representing national FOs.
- A representative chosen by national indigenous organizations.
- A representative chosen by national organizations of black communities.
- A representative chosen by organizations of retired officers and noncommissioned officers of the security forces.
- A representative chosen by organizations whose purpose is the protection and defense of the rights of women.
- Two representatives from organizations working to achieve peace.
- Two representatives of non-governmental organizations working for the promotion and defense of human rights.
- Two representatives of universities and institutions of higher education.
- A representative elected by the legally recognized organizations that bring together members of demobilized guerrilla movements that have signed final peace agreements with the Government.
- A representative chosen by organizations of people displaced by violence.
- A representative chosen by organizations whose purpose is the protection and defense of children's rights.
- A representative of the solidarity sector to economy.
PARAGRAFO 1o. The National Peace Council can begin to function when they are elected or appointed two-thirds of its members. In case of dispute about the election of a member of civil society, the National Peace Council may appoint up to six (6) months his representative. The National Government will regulate the mechanisms of electing the National Peace Council.
PARAGRAFO 2o. In order to give representation to other sectors of civil society, whose participation may be crucial to the peace process, the National Council may be extended as it sees fit.
PARAGRAFO 3o. For treatment of specialized topics, the National Peace Council may invite state officials it deems appropriate, as well as members of organizations and sectors of civil society and representatives or spokesmen of the international community.
PARAGRAFO 4o. The participation of members of civil society in this Council does not preclude participation in other bodies working for peace.
PARAGRAFO 5O. Attendance at the National Peace Council, the National Committee on Peace and Territorial Councils of peace is delegated.
The 5th ARTICLE. FUNCTIONING. The National Peace Council will meet every two (2) months, without prejudice to the President of the Republic convened extraordinary meetings when circumstances require, or public convenience requires.
The absence without just cause to meetings of the National Peace Council, will be grounds for misconduct for officials who composed.
. FUNCTIONS. The National Peace Council has the following functions:
1. As an advisor and consultant to the National Government:
a) permanently advise the Government on matters related to the achievement of peace;
B) To prepare proposals for the Government negotiated about the internal armed political conflict, respect for, promotion and defense of human rights, effective implementation of international humanitarian law, decreasing the intensity or the cessation of solutions hostilities, reintegration into civilian life of members of guerrilla groups, reconciliation among Colombians, consolidation of democracy and the creation of conditions to ensure a fair political, economic and social order;
C) propose to the National Government mechanisms for participation of civil society in the processes of dialogue and negotiation with the guerrillas;
D) To promote, disseminate and develop strategies to ensure that human rights are respected and International Humanitarian Law;
E) To submit suggestions to the competent authorities, duly substantiated, in territorial municipal organization and competence of public services in full compliance with policies, plans and strategies designed peace.
Suggestions are mandatory assessment by the authorities, except for the legislature;
F) To encourage citizens to present initiatives for peace, transmit the national government peace proposals made by civil society and promote nationwide culture and educational training of peace;
G) To advise the National Government in the design of modalities of action and international participation from the cooperation of foreign governments and international bodies and organizations;
H) Propose to the national government incentive mechanisms in order to promote private sector investment in programs, policies and plans for peace in conflict areas.
2. As a facilitator of harmonious collaboration of entities and state bodies:
a) To design drafts of policies, strategies, plans, programs and projects to ensure a comprehensive peace;
B) Suggest to the various entities and agencies of central and decentralized administration, changes in plans, programs and projects to ensure the implementation of policies and strategies of the previous paragraph. Suggestions should be evaluated by institutions and agencies;
C) Promote the creation of Departmental and Municipal Peace Councils, and coordinate their activities;
D) Assess current policies and reintegration programs and propose modifications and extensions which address future needs arising from a process of national reconciliation;
E) request the competent authority their intervention or the conduct of investigations, in order to enforce the proper application and compliance with the rules relating to human rights and international humanitarian law;
F) Develop a map of the conflict in the country and identify prioritized for implementation of social policy and investment to enable peace and development in those regions.
3. Submit an annual public report to Congress on the peace process.
4. Issued its own regulations.
PARAGRAFO. The mandatory assessment to be made by entities of the central and decentralized administration should contain technical elements and findings of fact and law to support it.
CHAPTER III. NATIONAL
Article 7. National Peace Committee. The National Peace Council will appoint a National Peace Committee of its own members, State agency, as executing agency of the functions delegated by the President of the Republic and those assigned or delegated by the National Peace Council, in accordance with its regulations.
The Committee shall consist of seven (7) members of the National Peace Council, at least three of them representatives of civil society organizations. The election of the Committee will be established in the regulation mentioned in the preceding article.
In the exercise of the functions of the Committee, individuals will be subject to the control of Public Prosecutions.
. DELEGATED FUNCTIONS. The President may delegate to the National Peace Committee the following statutory functions:
a) those referred to in Article 14 a), b) and c) of Act 104 of 1993, extended, modified and added by Law 241 of 1995;
B) referred to in Article 17 of this Law.
Article 9. RULES OF THE DELEGATION. For the purpose of the delegation of presidential duties in the National Peace Committee, will proceed according to the following rules:
a) The President of the Republic, on its own initiative or at the request of the National Peace Council, may delegate the National Peace Committee the functions indicated in the preceding article determining the conditions of manner, time, place and specificity;
B) The delegation will be in the National Peace Committee, acting on behalf of the President of the Republic and the National Peace Council for the exercise of delegated functions subject to the terms of delegation.
ARTICLE 10. TECHNICAL SECRETARIAT. The Technical Secretariat shall be exercised by the Office of the High Commissioner for Peace of the Presidency of the Republic under the terms determined by the Board Regulations.
The functions of the Technical Secretariat, among others, the following:
a) coordinate, channel and support the development and implementation of the agreements, arrangements, projects and suggestions emanating from the National Peace Council;
B) Develop and implement interagency coordination;
C) other duties assigned by the National Peace Council.
ARTICLE 11. CONSULTATIVE BODY. The National Peace Council may form an advisory body composed of representatives of universities and research centers in the country, as well as natural or legal persons of recognized academic solvency issues associated with the functions of the Council in order to perform work advice on specific issues.
The Council shall define the composition and functions of this advisory body.
Can they be part of said body institutions or international organizations that the Council might consider appropriate.
ARTICLE 12. PERIOD. Public servants will be members of the National Peace Council while holding their respective positions. Members of civil society it will be until they are replaced by the organizations they represent.
COUNCILS REGIONAL PEACE
regional councils. The departmental assemblies and municipal councils are authorized to create, to initiatives of the respective Governor or Mayor or Municipal Councils Departmental Peace.
The functions and composition will be similar to those of the National Peace Council, except with respect to developing exercised presidential delegation.
The performances of the Departmental and Municipal Peace Councils should be carried out in coordination with the National Peace Committee and in accordance with the guidelines and parameters to this point.
CHAPTER V. RESOURCES FOR THE NATIONAL COUNCIL OF PEACE
Article 14. The Fund Special Programs for Peace manage resources to ensure the development of the functions and programs of the National Peace Council in accordance with its plans, programs and priorities.
These resources shall consist of:
1. The resources assigned to it by the General Budget of the Nation.
2. Donations of money entering directly upon incorporation into the General Fund Budget of the Nation and legally accepted donations species.
3. The contributions from international cooperation, before joining the General Budget of the Nation.
4. national contracted credits or internationally.
5. Other assets, rights and resources allocated, acquired or acquire any title, according to the law.
PARAGRAFO. The first paragraph of Article 10 of Law 368 of 1997 shall be added as follows:
"Special Programs Fund for Peace will also aim to finance the actions carried out by the National Peace Council, as well as programs peace aimed at promoting reintegration into civilian life of armed opposition groups, according to the existing policy of peace. "
RECRUITMENT. For all purposes, contracts concluded, with a charge to the Fund for Peace Special Programs will be governed by the rules of private law.
CHAPTER VI. FINAL PROVISIONS
ARTICLE 16. OFFICE OF THE HIGH COMMISSIONER FOR PEACE. The Office of the High Commissioner for Peace, is permanent. The High Commissioner for Peace also perform the functions indicated in Article 10 of this law, set out in article 1. Decree 2107 of 1994 and other duties assigned by the President of the Republic.
ARTICLE 17. SOCIAL INVESTMENT FOR PEACE. The President of the Repub-lic determine the areas in which priority should anticipate social investment programs for the purposes of the peace policy that this law concerns. These must be taken into account in the development and implementation of the budget of the Nation and decentralized national entities.
ARTICLE 18. DISCLOSURE
. This law will be widely disseminated by the National Government and the National Peace Council.
ARTICLE 19. EFFECTIVE DATE. This law applies from the date of its publication and repeals provisions that are contrary.
The President of the honorable Senate,
Amilkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
The President of the honorable House of Representatives, Carlos Ardila
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
Given in Santa Fe de Bogota, DC, on 3 February 1998.
Ernesto Samper Pizano The Interior Minister Alfonso Lopez Caballero
The Minister of Justice and Law,
Almabeatriz Rengifo Lopez.
The Minister of National Defense, Gilberto Echeverri Mejia