Key Benefits:
1999 ACT 521
(August 4)
Official Journal No. 43,656 of 5 August 1999
LEGISLATIVE BRANCH POWER
By means of which the "Agreement on the Planning of Human Settlements at the Border Steps between the Republic of Colombia and the Republic of Ecuador" is approved, signed in Santa Fe de Bogota on seventeen (17) of December of a thousand nine hundred and ninety-seven (1996).
COLOMBIA CONGRESS
Having regard to the text of the "Agreement on the Planning of Human Settlements at the Border Steps between the Republic of Colombia and the Republic of Ecuador," signed in Santa Fe de Bogota on 17 December 1990, 17 seven (1996). Which to the letter says:
(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).
Agreement on human settlement planning at the border crossing between the Republic of Colombia and the Republic of Ecuador
The Governments of the Republics of Colombia and Ecuador,
CONSIDERING:
1. The political decision of the two governments to create new axes of integration between the two nations, in the Amazon Region and in the Pacific Litoral, by building international bridges over the San Miguel and Mataje rivers respectively.
2. The need to make forecasts regarding the impact on human settlements, natural resources and indigenous and other ethnic groups, will generate the works and activities around these axes of border integration.
3. The advisability of taking measures and actions in time to avoid spontaneous and chaotic human settlements that aggravate the environmental, social and security situation of settlers, migrants and residents of the region.
4. The obligation to use in a rational way the natural resources of the respective areas, combining the social, ecological, economic, technical and other orders, in order to obtain the maximum benefit through the complementation of investments, avoiding duplication as far as possible.
5. The importance of planning human settlements for the normal development of international transport and the activities it generates.
6. The desirability of taking coordinated actions in terms of infrastructure, services and control and security measures at border crossings and in their respective areas of influence.
Basing
1. In the recommendations made by the United Nations Conference on Habitat, held in Vancouver, Canada in 1977 and at the United Nations Conference on Environment and Development, held in Rio de Janeiro, Brazil in June 1992.
2. In the Convention concluded between the two governments for the construction of the international bridge over the San Miguel River, signed by the Presidents in Quito and Bogota simultaneously, 1o. December 1989, and in the Act signed by the Minister of Transport of Colombia and the Minister of Public Works of Ecuador, on 10 February 1995.
3. In the Agreement to create the border crossing in the Pacific coast area, signed in the city of Quito, on August 23, 1993.
4. In the Treaty of Amazonian Cooperation, signed in Brasilia, Brazil, on 3 July 1978 and in the Colombo-Ecuador Amazon Cooperation Agreement of 2 March 1979.
AGREE:
To strengthen the new axes of integration in the Amazon Region and the Pacific Litoral Region, through the harmonious and integral development of existing ones or that could be created, close to the international bridges over the San Miguel and Mataje, respectively.
Conferring certain relevant works, resulting from the planning and joint arrangement of the two governments, the character of Binational, this is that it will be executed in a coordinated manner, with the establishment of a Special Fund to cover the binational interest, the costs of all stages up to its conclusion and in accordance with the constitutional and legal provisions of the Parties.
The binational character will not be affected by the participation of several companies or consortia or by sector contracting.
The Special Fund will be established for the implementation of the binational plans, programs and projects, consisting of contributions or international credits, and with contributions or national, regional or local credits from both Parties.
The Parties will jointly manage the international financing indispensable for the implementation of the various stages. The Parties shall contribute to the national contributions to which they have committed themselves to the international credit institution. Such contributions and loans received shall constitute the Special Fund.
The costs of building, maintaining, controlling or controlling the works of communal and complementary use shall be covered by the Parties in an equitable manner, without regard to their location to one or the other side of the frontier.
ARTICLE 4. NATIONAL CONTRIBUTIONS.
National contributions will be made in U.S. dollars, calculated on the basis of the official rate of purchase of the dollar, with respect to the official change in effect to the date of the transaction and will be deposited with or in the international credit institution. that is mutually agreed.
Prior to the realization of the works, the Parties will take the necessary administrative measures and advance the necessary actions for the planning and management according to the guidelines that for the plans of territorial development have the respective national planning bodies. In particular, these actions in the area of influence of border crossing points should include, inter alia, the following forecasts:
5.1 The areas for the National Border Care Centres (CENAF) and the areas for car parking.
5.2 Areas for human settlements.
5.3 The areas of expansion of populated centers and land reserves, and areas of ethnic groups.
5.4 Protection zones on areas adjacent to border crossings and to the sides of road corridors, in the vicinity of human settlements.
5.5 Economic and commercial areas.
5.6 Natural reserve areas or biodiversity parks, and
5.7 The definition of binational works.
ARTICLE 6o. CRITERIA FOR THE SCHEDULE.
Among the recommendations to be taken into account in the studies, in addition to the environmental impact, of the socioeconomic situation and the determination of non-flood zones and not exposed to geological risk will be included urban designs that use the available technology that incorporates the elements of the region, preserves the ecosystem, harmonises with the scenic beauty, respect the idiosyncrasies and the rights of the populations, so that the settlements can become, moreover, in tourist attraction centres and similar process models, taking into account the intercultural criteria.
ARTICLE 7o. INTERNATIONAL TRANSPORT.
Appropriate transit, fluidity and safety in the movement of international road transport vehicles will be ensured through an appropriate system of existing human settlements and/or the placement of new vehicles. human settlements.
ARTICLE 8o. COMMUNAL AND COMPLEMENTARY.
The binational programs and projects, of facilities and services generated through the development of this Agreement, with binational contributions or international cooperation, may be communal or complementary, Communal, when it comes to single-use and shared-use installation, where facilities, programmes or services, which are offered by one of the Parties, are exchanged or articulated with programmes, facilities or services provided by the other Party.
In communal works the character of binational will not be affected by the participation of various institutions, companies, consortia or contracting by sectors or stages.
The communal and complementary services will be provided to all residents of the Border Integration Zone.
Communal and complementary programs and projects that will be implemented with Special Fund resources will be in an altered form on one or the other side of the limit, within the criteria of balance in investments.
ARTICLE 11. BINATIONAL TECHNICAL COMMITTEE.
For the due fulfilment of the obligations arising out of this Agreement, the Parties shall constitute a Binational Technical Committee, made up of officials from the Ministries of Foreign Affairs and other public institutions from the Governments of the (a)
The Binational Technical Committee will have the corresponding functions as a consultant and advisor to the governments. They will be able to collaborate with the Committee, popular organizations, ethnic groups and non-governmental organizations
The Presidency of the Committee will be held by the representatives of the Foreign Ministries of Ecuador and Colombia, in an alternate form and for periods of one year.
Each party will notify the other of the payroll of the Binational Technical Committee members and the changes that occur.
The Binational Technical Committee will have, among others, the following functions:
14.1 Set an Activity Plan.
14.2 Track international tenders.
14.3 Track contracts.
14.4 Fulfill monitoring through a sub-committee.
14.5 Resolve any disputes that arise in the interpretation or execution of this Agreement.
14.6 Determine the location of communal and complementary works of use, and
14.7 Submit annual reports to the Ministries of Foreign Affairs and the Neighbourhood Commission at regular meetings.
The Parties shall designate the members of the Sub-Committee, which shall have, inter alia, the following functions:
15.1 Submit monthly reports to the Binational Technical Committee on the progress of the works and actions, and on possible breaches of contracts.
15.2 Receive the agreement of the company 0 consortium, audit or financial controller, on the plans submitted by companies or consortia that carry out the studies or execute the works.
15.3 Give compliance to the plans submitted by the companies or associations of auditors or financial controllers.
15.4 Request to the "Special Fund" managing entity, which proceeds with the payment of the companies ' plans or associations or financial controllers.
15.5 To ask the "Special Fund" managing entity to pay the business plans to consortium builders, as soon as the compliance of the audit or financial controller has been received.
The members of the Sub-Committee will work on a permanent basis, and they must establish their activities in either country, in the vicinity of the designated centres.
The administration, management, maintenance and other actions that require the works of "communal use", will be in charge of a Binational Council, presided in an alternating way and for two years, by the representatives of the municipalities of the existing human settlements and those that will be created, and made up of representatives of public institutions, in a joint number.
The Binational Council will dictate and be governed by its own regulations, which will be presented by the Technical Committee for approval by the Foreign Ministries.
ARTICLE 18. SOLUTION OF DIVERGENCES.
Differences arising in the interpretation or execution of this Agreement shall be resolved, in the first instance, by the Binational Technical Committee, within a period not exceeding thirty calendar days, counted from the date of the notification and, second and final instance, by a Court of Arbitration.
For the formation of the Tribunal, each Party shall appoint an arbitrator, these two shall elect the third party, who shall preside over it and whose vote shall be settled.
The Arbitral Tribunal will dictate the corresponding award within the 60 calendar days, counted from its constitution; the award will not be subject to any appeal.
The Arbitral Tribunal will dictate its own rules of procedure.
The Parties may reform this Agreement by mutual consent and through the Reversal Notes procedure.
This Agreement shall be terminated by the written notification of one of the Parties, without prejudice to the performance of works or programs being advanced.
This Agreement shall enter into force on the date on which the two Parties notify each other of the completion of the internal requirements for their approval.
This instrument is signed in two copies of the same tenor, in language
Castilian, in the city of Santa Fe de Bogota at 17 days of the month of
December 1996.
By the Government of the Republic of Colombia
FORERO OR U LENIENCY.
By the Government of the Republic of Ecuador
GALO LEORO F.
The Undersigned Head of the Legal Office of the Ministry of Relations
Foreign
NOTES:
That the present is faithful photocopy taken from the original of the "Agreement on the Planning of Human Settlements at the Border Steps between the Republic of Colombia and the Republic of Ecuador," signed in Santa Fe de Bogota on seventeen (17) of December of a thousand nine hundred and ninety-seven (1996).
The Head of Legal Office,
HECTOR ADOLFO SINTURA VARELA.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C.
Approved. Submit to the consideration of the honorable National Congress for the
constitutional effects.
(FDO.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(FDO.) MARIA EMMA MEJIA VELEZ.
DECRETA:
ARTICLE 1o. Approve the "Agreement on human settlement planning at the border crossing between the Republic of Colombia and the Republic of Ecuador," signed in Santa Fe de Bogota on seventeen (17) of December of a thousand nine hundred and ninety-six (1996).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Agreement on the Planning of Human Settlements at the Border Steps between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, on 17 December 1990, 17 December 1990, and six (1996), as referred to in Article 1. of this law will be approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
FABIO VALENCIA COSSIO.
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
EMILIO MARTINEZ ROSALES.
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO.
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND PUBLISH.
EXECUTE upon review of the Constitutional Court, in accordance with the article
241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D. C., 4 August 1999.
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
