ACT 470 OF 1998
Official Journal No 43360 of 11 August 1998
Through which the "Inter-American Convention on International Traffic in Minors" is approved, made in Mexico, DF , Mexico, the eighteen (18) March
thousand hundred ninety-four (1994). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Inter-American Convention on International Traffic in Minors" made in Mexico City, DF, Mexico, the eighteen (18) March in 1994 ( 1994), which reads:
(to be transliterated: enclosed photocopies of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
"INTER-AMERICAN CONVENTION ON INTERNATIONAL TRAFFIC IN MINORS
States Parties to the present Convention,
Considering the importance of ensuring comprehensive and effective protection of minors, through appropriate mechanisms that ensure the respect for their rights;
Aware that international trafficking in minors is a universal concern;
Given conventional international law on child protection and in particular the provisions of Articles 11 and 35 of the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989 ;
Convinced of the need to regulate international civil and criminal aspects of child trafficking; and
Reaffirming the importance of international cooperation to ensure effective protection of the interests of the child,
agreed as follows: CHAPTER I.
ARTICLE 1o. The purpose of this Convention, with a view to the protection of fundamental rights and interests of the child, is the prevention and punishment of international trafficking in minors and regulate civil and penal aspects.
In this regard, the States Parties to this Convention undertake:
a) ensure the protection of minors in consideration of their best interests;
B) establish a system of legal cooperation between States Parties dedicated to the prevention and punishment of international trafficking in minors and adopt the legal and administrative provisions in this area for that purpose; and
c) ensure the prompt return of the child victim of international traffic to the State of habitual residence, taking into account the interests of the child.
. This Convention shall apply to any child who is or habitually resident in a State Party at the time of the commission of an act of international traffic occurs in respect.
For the purposes of this Convention:
a) "Minor" means any human being whose age is less than eighteen years;
B) "International traffic in minors" means the abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or means;
C) "unlawful purposes" include, among others, prostitution, sexual exploitation, servitude or any other purpose unlawful in either the State of habitual residence or the State Party where the minor is located;
D) "Unlawful means" includes, among others, kidnapping, fraudulent or coerced consent, the giving or receiving of unlawful payments or benefits to achieve the consent of parents, persons or institution whose position is finds the child, or any other unlawful means either the State of habitual residence or the State Party where the minor is located.
ARTICLE 3. This Convention cover, likewise, the transfer civil aspects of the abduction, and illegal retention of minors internationally, not dealt with by other international conventions on the subject.
ARTICLE 4. States Parties shall, to the extent possible, cooperate with States not party to the prevention and punishment of international trafficking in minors and the protection and care of child victims of the wrongful act.
In this regard, the competent authorities of the States Parties shall notify the competent authorities of a State Party in cases where it is in its territory to a child who has been a victim of international trafficking of minors in a State party.
The 5th ITEM. For the purposes of this Convention, each State Party shall designate a Central Authority and shall communicate that designation to the General Secretariat of the Organization of American States.
A Federal State, or a State which are in effect different legal systems, or a State with autonomous territorial units may designate more than one Central Authority and to specify the legal or territorial extent of their functions. The State making use of it shall designate the Central Authority to which any communication may be addressed.
If a State Party designates more than one Central Authority shall so inform the General Secretariat of the Organization of American States.
ARTICLE 6o. States Parties shall protect the child's interest, ensuring that the procedures for implementing the Convention remain confidential at all times.
ARTICLE 7. States Parties undertake to adopt effective measures, in accordance with its domestic law, to prevent and severely punish international trafficking in minors defined in this Convention.
Article 8. States Parties undertake:
a) assist each other promptly and expeditiously through their Central Authorities, within the limits of the domestic law of each State Party and in accordance with applicable international treaties, for errands judicial and administrative authorities, taking of evidence and other procedural actions necessary for the fulfillment of the objectives of this Convention;
B) establish through their Central Authorities mechanisms for exchange of information on national legislation, case law, administrative practices, statistics and modalities regarding international traffic of minors in their respective States; and
c) provide the necessary measures to remove obstacles that may affect them the implementation of the Convention in their respective States.
9o.Tendrán jurisdiction to offenses relating to international trafficking in minors:
a) the State Party where the wrongful conduct occurred;
B) the State party's habitual residence;
C) the State Party where the alleged offender is present if he is not extradited; and
d) the State Party where the child victim of said traffic is located.
Will have preference for the purposes of the preceding paragraph, the State Party which prevented the knowledge of the wrongful act.
ARTICLE 10. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from a State Party which has not signed the treaty, or should there not among the extraditable offenses, may consider this Convention as the necessary to grant extradition in the case of international trafficking of minors legal basis.
Likewise, States Parties that do not make extradition conditional on the existence of a treaty shall recognize the international traffic in minors as grounds for extradition between them.
Where there is no extradition treaty, it will be subject to the other conditions provided by the law of the requested State.
ARTICLE 11. The actions taken in accordance with the provisions of this chapter do not preclude the competent authorities of the State Party where the minor is located from ordering immediate anytime the State of habitual residence restitution, considering the interests of the child .
ARTICLE 12. The request for locating and returning a minor under this Convention shall be established by those entitled to the right of the State of habitual residence.
shall have jurisdiction to hear the application for locating and returning, at the option of the claimants, the judicial or administrative authorities of the State party's habitual residence, or where the State party is or is presumed which is retained.
When there are reasons of urgency in the view of the claimants, the application may be submitted to the judicial or administrative the place where the wrongful act occurred authorities.
ARTICLE 14. The request for location and return is processed through the central authorities or directly to the competent authorities under Article 13 of this Convention. The requested authorities agree on the most expeditious procedures to make it effective.
Receiving the request, the requested authorities will have the necessary measures in accordance with its domestic law to initiate, facilitate and assist with the judicial and administrative procedures relating to the location and return of the child. In addition, measures will be taken to provide immediate return of the child and, if necessary, ensure their care, custody or temporary custody, under the circumstances, and a preventive measure, the child being wrongfully removed to another State.
Founded application location and restitution should be promoted within one hundred twenty days of known abduction, removal or wrongful retention of the child. When the request for location and return is lodged by a State Party, it will have to do it within one hundred eighty days.
When necessary proceed prior to locating the minor character, the previous period is counted from the day she regardless of knowledge of the holders of the action.
Without prejudice to the provisions of the preceding paragraphs, the authorities of the State Party where the minor is retained may at any time order the return of the same in the best interests of the minor.
requests for cooperation encompassed by this Convention transmitted by consular or diplomatic channels or through the central authorities, shall not be required legalization or other similar formalities. In the case of requests for cooperation between courts directly studied in the border area of States Parties to the requirement of legalization it is not necessary either. Likewise, shall be exempt from legalization in the requesting State Party documents on the subject are returned by the same way.
Applications must be translated, if necessary, the official language of the State party to that address. With respect to attachments, simply the translation of a summary containing the essential data from them.
ARTICLE 16. The competent authorities of a State Party which find in the territory under its jurisdiction the presence of a victim of international trafficking of minors should take immediate measures necessary for their protection, including those of a preventive nature prevent the improper removal of the child to another state.
These measures shall be communicated by the central authorities to the competent authorities of the former habitual residence. The intervening authorities shall take all necessary measures to holders of action for locating and returning the child to be informed of the measures taken.
ARTICLE 17. In accordance with the objectives of this Convention, the central authorities of States Parties shall exchange information and cooperate with their competent judicial and administrative authorities in all matters relating to the control of exit and entry of minors in their territory.
ARTICLE 18. Adoptions and other similar institutions incorporated in a State Party shall be subject to annulment if its origin or purpose in international child trafficking.
In such annulment shall be taken into account at all times the interests of the child.
The annulment shall be subject to the law and the competent authorities of the State of incorporation of the adoption or the institution concerned.
care or custody may be revoked whenever it has its origin or purpose in international traffic of minors, under the same conditions provided for in the preceding article.
ARTICLE 20. The request for locating and returning a minor may be without prejudice to the annulment and revocation actions provided for in Articles 18 and 19.
ARTICLE 21. In proceedings under this chapter, the competent authority may order the person or organization responsible for international traffic in minors pay the costs and expenses of locating and returning, if such person or organization it has been part of that procedure.
Holders of the action or, where appropriate, the competent authority may bring a civil action to obtain compensation for the costs, including professional fees and expenses of locating and returning the child, unless they had been fixed in criminal proceedings or return proceedings under the provisions of this Convention.
The competent authority or any injured person may bring a civil action for damages against individuals or organizations responsible for international child trafficking.
ARTICLE 22. States Parties shall take the measures necessary to attain the gratuity of procedures for return of the child under their domestic law and inform persons legitimately interested in the return of the child of the public defender services, benefits poverty and instances of legal aid to which they may be entitled under the laws and regulations of the respective States Parties.
ARTICLE 23. The States Parties may, at the time of signature, ratification or accession to this Convention or subsequently, which will recognize and execute criminal judgments handed down in another State Party relating to compensation for damage and damages resulting from international trafficking in minors.
ARTICLE 24. With regard to a State which has in matters dealt with in this Convention two or more systems of law applicable in different territorial units, references
a) State law be construed as referring to the law in territorial unit;
B) to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
C) to the competent authorities of that State shall be construed as referring to those authorized to act in the relevant territorial unit.
ARTICLE 25. The State has two or more territorial units in which different systems of law apply in matters dealt with in this Convention may, at the time of signature, ratification or accession, the Convention shall apply to all its territorial or only to one or more of these units.
Such declarations may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which this Convention shall apply. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall take effect ninety days after received.
ARTICLE 26. States Parties may, at the time of signature, ratification or accession to this Convention or subsequently may not oppose civil trial in that State Party or any defense except that tends to show absence of crime or guilt of the person, if there is a conviction for this crime, handed down in another State party.
ARTICLE 27. The competent authorities of the border areas of the States Parties may agree, directly and at any time, location and procedures more expeditious return than those provided by this Convention and without prejudice to it.
Nothing in this Convention shall be interpreted as restricting the more favorable practices that together could observe the competent authorities of the States Parties to the matters covered by this.
ARTICLE 28. This Convention is open for signature by Member States of the Organization of American States.
ARTICLE 29. This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
ARTICLE 30. This Convention shall be open to accession by any other State after it has entered into force. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
Article 31. Each State may make reservations to this Convention when signing, ratifying or acceding to it, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of this Convention.
ARTICLE 32. None of the provisions of this Convention shall be construed as limiting other bilateral or multilateral treaties or other agreements between the Parties.
ARTICLE 33. This Convention shall enter into force for the ratifying states on the thirtieth day after the date on which the deposit of the second instrument of ratification.
For each State ratifying or acceding to it after the deposit of the second instrument of ratification this Convention, the Convention shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification or accession.
Article 34 This Convention shall govern indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation year, the Convention shall cease to have effect for the denouncing State.
Article 35. The original instrument of this Convention, the texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of your text for registration and publication to the Secretariat of the United Nations in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the member States of that organization and those States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession and denunciation, and any reservations that he had and their withdrawal.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed this Convention.
Made in Mexico City, DF, Mexico, on March 18 of in 1994 ".
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this faithful reproduction is taken photocopy of the certificate text of the "Inter-American Convention on International Traffic in Minors" made in Mexico city DF, Mexico's eighteen (18) March in 1994 (1994), a document that is on file in the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, on eleven (11) September nineteen hundred ninety-seven (1997).
HÉCTOR Sintura ADOLFO VARELA,
Chief Legal Office. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, September 10, 1997
Approved, submit for consideration by the National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano.
(Sgd.) VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, DECREES
ARTICLE 1o. Approval of the "Inter-American Convention on International Traffic in Minors" made in Mexico City, DF, Mexico, the eighteen (18) March in 1994 (1994). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Inter-American Convention on International Traffic in Minors" made in Mexico City DF, Mexico's eighteen (18) March in 1994 (1994) that article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3. This law applies from the date of publication. MEDINA ACOSTA Amylkar
The President of the honorable Senate,
PUMAREJO PEDRO VEGA.
The Secretary General of the honorable Senate,
CARLOS ARDILA BALLESTEROS.
The President of the honorable House of Representatives, DIEGO VIVAS
The Secretary General of the honorable House of Representatives,
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communicated and published. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on August 5, 1998.
Ernesto Samper Pizano Camilo Reyes Rodriguez.
The Minister of Foreign Affairs, Almabeatriz
The Minister of Justice and Law,