Key Benefits:
1998 LAW 434
(February 3)
Official Journal No. 43.231, dated February 05, 1998
By which the National Peace Council is created, functions are given and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. OF THE POLICY OF PAZ. Peace policy is a policy of state, peroperatively and participative. In their structuring they must collaborate in a coordinated and harmonious way all the organs of the State, and the forms of organization, action and expression of the civil society, in such a way that it transcends the governmental periods and expresses the national complexity.
Each government will be able to enforce the aims, foundations and responsibility of the state in the field of peace.
ARTICLE 2o. OF THE GUIDING PRINCIPLES. The State Peace Policy to be developed by the authorities of the Republic, the National Peace Council and the Territorial Peace Councils shall be guided by the following guiding principles:
a) Integrality. In order to achieve and maintain true peace, the only elimination of war is not enough; it requires simultaneously a set of comprehensive measures of a socio-economic, cultural and political character that effectively combat the causes of violence;
b) Solidarity. Peace is not only the product of understanding and understanding of human beings but also the result of their solidarity and reciprocity;
c) Responsibility. As the achievement of peace is a goal of the State and at the head of this State the President of the Republic, it will be the one who responds to the results; in the terms of this law, the Commissions and the Committees will also respond. here are created, and the governors and mayors in the departmental and municipal respectively;
d) Participation. Achieving and maintaining peace requires the democratic participation of citizens, the solidarity commitment of society and the coordination of policies and strategies for their achievement;
e) Negotiation. The achievement of peace implies the priority use of dialogue and negotiation as an expeditious procedure for the demilitarization of national and territorial social and political conflicts;
f) Graduation. A solid peace is only built in a continuous and gradual process of comprehensive, supportive, responsible, participatory and negotiated solutions.
OF THE NATIONAL PEACE COUNCIL
ARTICLE 3o. CREATION AND NATURE. Create the National Peace Council with the participation of civil society, as an advisory and consultative body of the National Government. Its mission will be to promote the achievement and maintenance of peace, and to facilitate the harmonious collaboration of the entities and organs of the State, giving priority to the political alternatives of negotiation of the internal armed conflict, in order to achieve social relations to ensure a permanent comprehensive peace.
PARAGRAFO. If internal armed conflict exists, irregular armed actors may also participate, provided that, in the Council's judgment, they have expressed their express will to participate in a peace process.
ARTICLE 4. COMPOSITION. The National Peace Council will be formed as follows:
The President of the Republic, who will preside over him.
a) By the Executive Branch of Public Power:
-The High Commissioner for Peace, the Interior, National Defense, Justice and Law, Finance Ministers, and the National Planning Director.
-Likewise, for the treatment of matters of military and police nature, the President may invite members of the Public Force.
-One Governor for each Corpes.
-One Mayor for each Corpes;
b) By the Legislative Branch of Public Power:
-Three Representatives of the Senate of the Republic. Taking into account that one of them is of political minorities.
-Three Members of the House of Representatives. Taking into account that one of them is of political minorities.
-One Member for each Corpes.
-A Councillor for each Corpes;
c) By the State Control Bodies:
-The Attorney General of the Nation.
-The Ombudsman.
-A representatives of the country's people;
d) By civil society:
-A representative appointed by the Episcopal Conference of Colombia.
-A representative elected by the other churches and religious confessions.
-Two representatives elected by the confederations of labor unions.
-Two on behalf of the economic sectors chosen by the national associations that agremise the businessmen in the commercial and service sectors.
-Two in representation of the economic sectors chosen by the national associations that agremise the entrepreneurs of the industrial and agricultural sectors.
-Two on behalf of national peasant organizations.
-A representative elected by national indigenous organizations.
-A representative elected by the national organizations of the black communities.
-A representative elected by the organizations of officers and non-commissioned officers in the withdrawal of the Public Force.
-A representative elected by the organizations whose object is the protection and defense of women's rights.
-Two representatives for the organizations that work for the achievement of peace.
-Two representatives for non-governmental organizations working for the promotion and defense of human rights.
-Two representatives of universities and higher education establishments.
-A representative elected by the legally recognized organizations that groups demobilized members of guerrilla movements that have signed final peace agreements with the National Government.
-A representative elected by the organizations of displaced persons for the violence.
-A representative elected by the organizations whose objective is the protection and defense of the rights of the child.
-A representative of the solidarity sector of the economy.
PARAGRAFO 1o. The National Peace Council may begin sessioning when the two-thirds of its members have been elected or appointed. In the event of a dispute concerning the election of any member of civil society, the National Peace Council may appoint its representative for a period of six (6) months. The National Government will regulate the mechanisms of the National Peace Council.
PARAGRAFO 2o. In order to give representation to other sectors of civil society, whose participation may be fundamental to the peace process, the National Council may be expanded as it deems appropriate.
PARAGRAFO 3o. For the treatment of specialized matters, the National Peace Council may invite the officials of the State it considers relevant, as well as the members of organizations and sectors of the civil society and representatives or spokespersons of the international community.
PARAGRAFO 4o. The participation of members of civil society in the present Council does not prevent their participation in other instances of work for peace.
PARAGRAFO 5o. The assistance to the National Peace Council, the National Peace Committee and the Territorial Councils of Peace is indomitable.
ARTICLE 5o. National Peace Council will meet every two (2) months, without prejudice to the President of the Republic calling him for extraordinary meetings, when circumstances advise him, or public convenience demands.
The unassisted lack of assistance to the National Peace Council meetings will be a cause of misconduct for the officials who integrate it.
ARTICLE 6o. FUNTIONS. The National Peace Council will have the following functions:
1. As an advisor and consultant to the National Government:
(a) To permanently advise the National Government on matters related to the achievement of peace;
b) To elaborate proposals for the National Government on negotiated solutions to the internal armed political conflict, respect, promotion and defense of human rights, the effective implementation of International Humanitarian Law, the " The reduction of the intensity or cessation of hostilities, the reinstatement of the members of the guerrilla groups to the civilian life, the reconciliation among Colombians, the consolidation of democracy, and the creation of conditions that ensure a fair political, economic and social order;
c) Propose to the National Government mechanisms for the participation of civil society in the processes of dialogue and negotiation with the guerrilla groups;
d) Promote, disseminate and establish strategies to respect human rights and International Humanitarian Law;
e) To present suggestions to the competent authorities, duly supported, in matters of territorial organization and municipal competition of public services in full agreement with the policies, plans and strategies of peace conceived.
The suggestions are mandatory for the authorities, with the exception of the legislative body;
(f) Motivating citizenship to present initiatives in the field of peace, transmitting to the National Government the peace proposals formulated by civil society and promoting the culture and education of peace throughout the country;
g) To advise the National Government on the design of the modalities of international action and participation, based on the collaboration of foreign governments and international entities and bodies;
(h) Propose to the national government incentive mechanisms in order to encourage private sector investment in programs, policies and peace plans in the conflict zones.
2. As a facilitator of the harmonious collaboration of the entities and organs of the State:
a) Designing the foreprojects of policies, strategies, plans, programs and projects aimed at ensuring a comprehensive peace;
b) To suggest to the various entities and agencies of central and decentralized administration, modifications in their plans, programs and projects, to ensure the execution of the policies and strategies of the previous literal. Suggestions should be evaluated by relevant entities and bodies;
c) Promote the creation of the departmental and municipal councils of peace, and coordinate their activities;
d) Evaluate current reinsertion policies and programs and propose modifications and extensions to address future needs arising from a process of national reconciliation;
e) To request the competent authority to intervene or carry out the relevant investigations, in order to make effective the proper application and respect of the norms related to human rights and international law Humanitarian;
f) Develop the map of the country's conflict and identify an order of priorities for the implementation of social policy and investments to enable peace and development in these regions.
3. Submit an annual public report to the National Congress on the peace process.
4. To dictate its own rules.
PARAGRAFO. The mandatory assessment to be performed by the central and decentralized administration entities shall contain technical elements and foundations of fact and right that support it.
OF THE NATIONAL PEACE COMMITTEE
ARTICLE 7o. NATIONAL PEACE COMMITTEE. The National Peace Council shall appoint a National Peace Committee of its own members, an agency of the State, as an implementing agency for the functions delegated to it by the President of the Republic and those assigned to it by the National Peace Council. the National Peace Council, in accordance with its regulations.
The Committee will be composed of seven (7) members of the National Peace Council, at least three of them representatives of civil society organizations. The choice of the Committee shall be laid down in the Rules of Procedure referred to in the previous Article.
In the exercise of the Committee's own functions, individuals shall be subject to the control of the Public Ministry.
ARTICLE 8o. DELEGATED FUNCTIONS. The President of the Republic may delegate to the National Peace Committee the following legal functions:
(a) Those referred to in Article 14 (a), (b) and (c) of Law 104 of 1993, extended, amended and added by Law 241 of 1995;
b) The one contemplated in article 17 of this law.
ARTICLE 9o. DELEGATION RULES. For the purpose of the delegation of presidential functions to the National Peace Committee, the following rules shall be applied:
(a) The President of the Republic, on his own initiative or upon request of the National Peace Council, may delegate to the National Peace Committee the functions identified in the preceding article by determining the conditions of mode, time, place, and specificity;
b) The delegation will be held in the National Peace Committee, who will act 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 in the terms that the Council Regulation determines.
These are the functions of the Technical Secretariat, among others:
a) Coordinate, channel and accompany the development and implementation of the agreements, provisions, projects and suggestions emanating from the National Peace Council;
b) Develop and implement inter-institutional coordination;
c) The others assigned to you by the National Peace Council.
ARTICLE 11. ADVISORY BODY. The National Peace Council may form an advisory body composed of representatives of the universities and research centers of the country, as well as natural or legal persons of recognized academic solvency in the issues associated with the functions of the Council, in order to carry out advisory work on specific topics.
The Board will define the composition and functions of this advisory body.
The international institutions or entities deemed appropriate by the Council may be made part of that body.
ARTICLE 12. PERIOD. The public servants will be members of the National Peace Council as long as they occupy their respective positions. The members of civil society will be replaced by the organizations they represent.
OF REGIONAL PEACE COUNCILS
ARTICLE 13. REGIONAL COUNCILS. The Municipal Assemblies and Municipal Councils are authorized to create, to initiatives of the respective Governor or Mayor the departmental or municipal councils of Peace.
The functions and composition will be similar to those of the National Peace Council, except as regards the development of the presidential delegation.
The actions of the departmental and municipal councils of peace should be carried out in coordination with the National Peace Committee and in accordance with the guidelines and parameters that it points out.
RESOURCES FOR THE NATIONAL PEACE COUNCIL
ARTICLE 14. The Fund of Special Programs for Peace will administer the resources that guarantee the development of the functions and programs of the National Peace Council in accordance with its plans, programs, and priorities.
These resources will consist of:
1. The resources assigned to it in the General Budget of the Nation.
2. Donations of money that directly enter the Fund after incorporation into the General Budget of the Nation and donations in legally accepted species.
3. Contributions from international cooperation, after incorporation into the General Budget of the Nation.
4. Credits contracted nationally or internationally.
5. Other goods, rights and resources awarded, acquired or acquired for any degree, in accordance with the law.
PARAGRAFO. The first paragraph of article 10 of Act 368 of 1997 will be added as follows:
" The Fund for Special Programs for Peace will also aim to finance the actions of the National Peace Council, as well as the peace programs aimed at promoting the reintegration into the civil life of the groups. They are armed, in accordance with the existing peace policy. "
ARTICLE 15. CONTRACTING ARRANGEMENTS. For all purposes, contracts concluded, with the account of the Fund for Special Programs for Peace, shall be governed by the rules of private law.
FINAL PROVISIONS
ARTICLE 16. OFFICE OF THE HIGH COMMISSIONER FOR PEACE. The Office of the High Commissioner for Peace will be permanent. The High Commissioner for Peace shall perform in addition to the functions referred to in Article 10 of this Law, as set out in Article 1. of Decree 2107 of 1994 and the others assigned to it by the President of the Republic.
ARTICLE 17. SOCIAL INVESTMENT FOR PEACE. The President of the Republic of the Republic will determine the areas in which priority programs of social investment must be advanced for the purposes of the peace policy referred to in this law. They shall be taken into account in the elaboration and implementation of the budget of the Nation and the decentralized entities of the national order.
ARTICLE 18. DISCLOSURE. This law will be widely circulated by the National Government and the National Peace Council.
ARTICLE 19. VALIDITY. This law governs from the date of its publication and repeals the provisions that are contrary to it.
The President of the honorable Senate of the Republic,
Amilkar Acosta Medina.
The Secretary General of the honorable Senate of the Republic,
Pedro Pumarejo Vega.
The President of the honorable House of Representatives,
Carlos Ardila Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
Dada en Santa Fe de Bogota, D. C., 3 February 1998.
ERNESTO SAMPER PIZANO
The Minister of the Interior,
Alfonso Lopez Caballero.
The Minister of Justice and Law,
Almabeatriz Rengifo Lopez.
The Minister of National Defense,
Gilberto Echeverri Mejia.
