ACT 521 OF 1999
Official Gazette No. 43,656 of August 5, 1999 PUBLIC POWER-RAMA
By LEGISLATIVE which the "Agreement approved planning human settlements on the border crossings between the Republic of Colombia and the Republic of Ecuador ", signed in Santa Fe de Bogota seventeen (17) December in 1997 (1996). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement on human settlement planning in border crossings between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota seventeen (17) December in 1997 (1996). Which literally says:
(To be transliterated: photocopy of the text is attached integro of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
Agreement on human settlement planning in border crossings 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 lines of integration between the two nations in the Amazon region and the Pacific coast, by building international bridges over the rivers San Miguel and Mataje respectively.
2. The need to make estimates about the impact on human settlements, natural resources and indigenous and other ethnic groups reserves generate the work and activities around these axes border integration.
3. The convenience of taking timely measures and actions to prevent human settlement spontaneous and chaotic that aggravate the environmental, social and security of settlers, migrants and people of the region situation.
4. The obligation to use rationally natural resources in the respective areas, combining social, ecological, economic, technical and other orders, in order to obtain the maximum benefit through complementing investments factors, avoiding as much as possible duplicity.
5. The importance of human settlements planning for the normal development of international transport and activities it generates.
6. The desirability of coordinated actions in terms of infrastructure, services and measures of control and security at border crossings and in their respective areas of influence.
basing. In the recommendations of the Conference of the United Nations Habitat, held in Vancouver, Canada in 1977 and the Conference of the United Nations Conference on Environment and Development held in Rio de Janeiro, Brazil in June 1992.
2. In the agreement 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 minutes 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 coastal area of the Pacific, signed in Quito on 23 August 1993.
4. In the Amazon Cooperation Treaty, signed in Brasilia, Brazil, on July 3, 1978 and the Agreement Colombo-Ecuadorian Amazon Cooperation March 2, 1979. AGREE
ARTICLE 1o. OBJECT.
Strengthen the new axes of integration in the Amazon region and in the region of the Pacific Coast through the development in a harmonious and comprehensive way of existing or that may be created, next to the international bridges over the rivers San Miguel and Mataje respectively.
. BI-NATIONAL WORKS.
Confer certain relevant works, resulting from planning and joint management of the two governments, the Binational character, that is that the run in coordination with the establishment of a Special Fund to cover according to binational interest the costs of all stages to completion 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 consortiums or hiring by sector.
ARTICLE 3o. SPECIAL FUND.
The Special Fund shall be established for the implementation of plans, programs and bilateral projects, consisting of contributions or international credits, and with contributions or national, regional or local credits of both parties.
The Parties jointly managed indispensable for the implementation of the various stages international funding. The Parties shall contribute to national contributions to those that would be committed to the international lender. These contributions and loans received form the Special Fund.
The costs of construction, maintenance, control or auditing and supervision of the works of communal and complementary use will be covered by the Parties equally, regardless of their location to either side of the border.
. NATIONAL CONTRIBUTIONS.
The national contributions can be made in US dollars calculated based on the official rate of dollar buying, compared to the official exchange rate at the date of the transaction and deposited in the international lender or to be agreed by mutual agreement.
The 5th ARTICLE. PLANNING.
Prior to the completion of the work, the Parties shall take appropriate administrative measures and actions will advance for planning and management according to the guidelines for territorial development plans have the respective national planning agencies. Concretely, these actions in the area of influence of border crossings, shall include among others the following provisions: 5.1
areas for the National Border Service Centers (CENAF) and parking areas for vehicles . 5.2
areas for human settlements. 5.3
zones expansion of population centers and land reserves, and areas of ethnic groups.
5.4 Protection zones on areas adjacent to the border crossings and the sides of the road corridors in the vicinity of human settlements. 5.5
economic and trade areas. 5.6
nature reserve zones or parks biodiversity and
5.7 The definition of works binational character.
. CRITERIA FOR PLANNING.
Among the recommendations to be taken into account in studies, in addition to the environmental impact of socioeconomic status and the determination not to flood-prone areas and not exposed to geological risk urban designs using available technology that incorporates will include the elements of the region, preserve the ecosystem, in harmony with the scenic beauty, respect the idiosyncrasy and the rights of peoples, in such a way that settlements can become also centers of tourist attraction and models of similar processes taking into account intercultural criteria.
Article 7. INTERNATIONAL TRANSPORT.
Proper traffic flow and traffic safety vehicle international road transport will be ensured through a proper management of existing human settlements and / or the location of new settlements.
. COMMUNAL AND SUPPLEMENTARY.
Programs and bilateral projects, facilities and services generated through the development of this Agreement, binational or international cooperation contributions may be communal or complementary Comunales when it comes to a single installation of sharing and supplemented when the facilities, programs or services, being offered by a Party, exchanged or coordinated with programs, facilities or services provided by the other Party.
In the community works binational character will not be affected by the participation of several institutions, companies, consortiums or hiring by sectors or stages.
The communal and complementary services will be provided to all residents of the Border Integration Zone.
ARTICLE 10. The communal and complementary programs and projects implemented with funds from the Special Fund will be held alternately in either side of the boundary, in equilibrium criteria in investments.
Binational Technical Committee.
For the proper performance of the obligations under this Agreement, the Parties shall constitute a Binational Technical Committee, comprised of officials from the Ministries of Foreign Affairs and other public institutions that governments deem appropriate.
The Binational Technical Committee will have the corresponding functions as a consultant and advisory body of the Government. They may collaborate with the Committee, people's organizations, ethnic groups and non-governmental organizations
Article 12. The Chair of the Committee shall be representatives of the Ministries of Foreign Affairs of Ecuador and Colombia, alternately for periods of one year.
Article 13. Each party shall notify the other the list of the members of the Binational Technical Committee and the changes that occur.
The Binational Technical Committee shall, inter alia, the following functions:
14.1 Establish a business plan.
14.2 Keeping track of international tenders.
14.3 Keeping track of contracts.
14.4 Comply supervision through a subcommittee.
14.5 Resolving disputes arising in the interpretation or implementation of this Agreement.
14.6 Determine the location of the works of communal and complementary uses, and 14.7
submit annual reports to the Ministry of Foreign Affairs and the Neighborhood Commission at regular meetings.
Article 15. The Parties shall appoint the members of the Subcommittee, which will, among others, the following functions: 15.1
submit monthly reports to the Binational Technical Committee on the progress of works and actions, and on possible breaches of contracts.
15.2 Receive compliance of the company 0 consortium, auditor or comptroller, on forms submitted by companies or consortia to conduct studies or carry out the work.
15.3 Dar conformity to the lists submitted by companies or consortia auditors or auditors. 15.4
request the entity administering the "Special Fund" to proceed with payment of the forms of companies or consortia auditors or auditors. 15.5
Ask the entity administering the "Special Fund" to proceed with payment of the lists of companies to builders consortia, as has been received the agreement of the supervisory or intervenors.
ARTICLE 16. Members of the Subcommittee will labor permanently, must establish their center of activities in any of the two countries, in the vicinity of the towns they are designated.
ARTICLE 17. The administration, management, maintenance and other actions requiring the works of "communal use", will be in charge of a Binational Council, chaired alternately for periods of two years, representatives of the municipalities of existing human settlements and to be created, and made up of representatives of public institutions, in equal number.
The Binational Council shall adopt and be governed by its own rules, which will be presented by the Technical Committee for approval by the Ministries of Foreign Affairs.
ARTICLE 18. SETTLEMENT OF DISPUTES.
The differences that arise in the interpretation or execution of this Agreement shall be settled in the first instance, by the Binational Technical Committee, within no more than thirty calendar days from the date of notification and, second and final instance, by an Arbitral Tribunal.
ARTICLE 19. For the formation of the Court, each Party shall appoint one arbitrator, these two will choose the third, who shall preside and whose vote will be decisive.
Article 20. The Arbitral Tribunal shall issue the corresponding award within 60 calendar days from its constitution; the award shall not be subject to any appeal.
Article 21. The Arbitral Tribunal shall make its own rules.
Article 22. The Parties may amend this Agreement by mutual consent and by the process of exchange of notes.
Article 23. This Agreement shall terminate written by one of the parties, subject to fulfillment of works or programs that are advancing notice.
Article 24. This Agreement shall enter into force on the date on which the Parties notify through diplomatic channels compliance with internal requirements for approval.
This instrument is signed in two equally authentic copies in Castilian language
in the city of Santa Fe de Bogota on the 17th day of the month of December 1996.
For the Government of the Republic of Colombia Clemencia Forero U.
for the Government of the Republic of Ecuador GALO LEORO F.
the Subscribed Head of the Legal Office of the Ministry of Foreign Affairs
|| | DECLARES:
That this is a true copy taken from the original of the "Agreement on human settlement planning in border crossings between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota seventeen ( 17) December in 1997 (1996).
The Head of Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable National Congress for
(FDO.) Ernesto Samper Pizano
The Minister of Foreign Affairs,
(FDO.) VÉLEZ Maria Emma Mejia. DECREES
ARTICLE 1o. To approve the "Agreement on human settlement planning in border crossings between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota seventeen (17) December in 1996 (1996). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944 the "Agreement on human settlement planning in border crossings between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota seventeen (17) December in 1996 (1996) that article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3o. This law applies from the date of publication.
The President of the honorable Senate,
Fabio Valencia Cossio.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable House of Representatives,
EMILIO MARTINEZ ROSALES.
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE Moratto.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT AND CONTACT
prior review by the Constitutional Court, under Article
241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on August 4, 1999.
Andres Pastrana Minister of Foreign Affairs,
Guillermo Fernandez de Soto.