Key Benefits:
LAW 731 OF 2002
(January 14)
Official Journal No. 44.678 of 16 January 2002
For which rules are dictated to favor rural women.
COLOMBIA CONGRESS
DECRETA:
OBJECT AND DEFINITIONS.
ARTICLE 1o. OBJECT. This law aims to improve the quality of life of rural women, prioritizing low-income women and enshrine specific measures aimed at accelerating equity between rural women and men.
ARTICLE 2o. for the purposes of this law, rural women are all those who, without distinction of any nature and regardless of the place where they live, their productive activity is directly related to the rural, even if they are is not recognised by the information and measurement systems of the State or is not remunerated.
ARTICLE 3o. RURAL ACTIVITY. Rural activity includes from traditional activities such as agricultural, forestry, fishing and mining, to non-traditional activities, such as the development of agro-industries and micro-enterprises. of other activities carried out within the framework of a broader perspective of rural development, such as those related to the integration of agroproductive and commercial chains into all their organizational expressions, rural and ecological tourism, crafts, the transformation of metals and precious stones and other new fields of opportunity, including marketing, product transformation and service delivery activities that are performed around them.
ARTICLE 4. FROM THE BROADER PERSPECTIVE OF RURALITY. The broader perspective of rurality implies an increasingly close and interdependent relationship between rural and urban, characterized by the links established by the location of rural areas. the housing and the workplace, as well as those established in the development of rural activities and other multi-sectoral activities that transcend the agricultural sector.
PARTICIPATION OF RURAL WOMEN IN RURAL FINANCE FUNDING.
ARTICLE 5o. REMOVAL OF OBSTACLES. Funds, plans, programmes, projects and entities that favour rural activity, must adjust their procedures and requirements in order to remove any obstacles preventing rural women from accessing them.
ARTICLE 6o. DISSEMINATION AND TRAINING. The funds, plans, programs, projects and entities that favor rural activity, must effectively support rural women's access to resources, through appropriate means to enable them to be disclosed. adequate training for their use and the technical assistance of the productive projects to be undertaken.
ARTICLE 7o. FINANCING FOR OTHER RURAL ACTIVITIES. The funds and entities that favor the agricultural, forestry, fishing and mining sectors, will finance and support according to their nature, in addition to the traditional activities, all those it does reference to Article 3o. of this law.
ARTICLE 8o. CREATION OF QUOTAS AND CREDIT LINES WITH PREFERENTIAL RATES FOR RURAL WOMEN WITH LOW INCOMES. Taking into account the needs and demands of rural women's credit, Finagro will allocate at least 3% a year of the through the Agricultural Development Titles, TDA, class A, with the purpose of constituting quotas and credit lines with preferential rates, to finance the rural activities included in Article 3o. of this law developed by rural women, in the terms established by the National Agricultural Credit Commission.
PARAGRAFO. In the event that the requests for rediscounting of credits for the Rural Woman do not reach the value equivalent to the percentage set as minimum quota in this article, Finagro will be able to use the resources from the TDA available to meet other lines of credit, provided that it has procedures for the realization of operations of Treasury that guarantee that in the face of new credits of Rural Women, will be counted with the resources necessary for your attention.
ARTICLE 9o. ACCESS OF RURAL WOMEN TO THE AGRICULTURAL GUARANTEE FUND, FAG. Rural women will have access to the guarantees given by the Agricultural Guarantee Fund, FAG, to support the credits related not only to the activities In the case of the Commission, the Commission has taken the necessary measures to ensure that the of this law, subject to compliance with the conditions laid down in the fund's operational regulations.
Rural women who are small producers will have priority access to these guarantees.
ARTICLE 10. CREATION OF THE PROMOTION FUND FOR RURAL WOMEN, FMOMUR. Create the Fund for Rural Women's Development, Fommur, as a special account of the Ministry of Agriculture and Rural Development, which should be oriented to support plans, rural activities programmes and projects, enabling rural women and their organisations to be incorporated and consolidated into the country's economic and social policy.
PARAGRAFO 1o. Taking into account the origin of the resources that are used for the operation of the Fommur, they must also be allocated for the dissemination and training on access to credit, promotion and training of plans, programmes and projects in favour of rural women, as well as for technical, commercial and managerial assistance.
Equally the Fommur will be able to finance or provide incentives, guarantees, support and compensation that rural women require.
PARAGRAFO 2o. The Fommur will encourage both the creation, promotion and strengthening of associative forms, such as the granting of associative credits, in order to achieve an organized and direct linkage of women rural within the market. Also, taking into account the origin of the resources to be used for its operation, it will be able to support the departments and municipalities that invest in plans, programs and projects for rural women that are related to their object. social.
PARAGRAFO 3o. The Ministry of Agriculture and Rural Development will regulate the operation of the Fommur within the year following the enactment of this law.
ARTICLE 11. FROM THE ADMINISTRATION OF THE PROMOTION FUND FOR RURAL WOMEN, FMOMUR. The Ministry of Agriculture and Rural Development will contract the administration of the Fommur for which it will determine the requirements that the administrator must meet, the form of selection of the same and the conditions for the performance of their work.
ARTICLE 12. OF THE RESOURCES OF THE DEVELOPMENT FUND FOR RURAL WOMEN, FOMMUR. The resources of the Rural Women's Development Fund, Fommur, will be made up of:
1. National Budget resources.
2. External borrowings that, with the support of the Nation, manages the Ministry of Agriculture and Rural Development.
3. Contributions to be made by national or international entities.
4. Donations from individuals, non-governmental organizations, entities and/or foreign governments.
5. Movable and immovable property and resources on which the extinction of the domain has been declared that have entered into the fund for rehabilitation, social investment and the fight against organized crime, which are assigned by the National Council of Narcotics, in accordance with the regulations, to fund programs and projects of this law related to those referred to in article 26 of Law 333 of 1996.
PARAGRAFO. Of the movable and immovable property and resources that have been seized or have an interim measure in force, on which the extinction of the domain is intended to be decreed, the National Narcotics Directorate may provisionally assign part of them to this fund.
RULES ON THE SOCIAL SECURITY REGIME OF RURAL WOMEN.
ARTICLE 13. EXTENSION OF THE FAMILY ALLOWANCE IN MONEY, SPECIES AND SERVICES TO RURAL WOMEN BY COMCASA. The Peasant Family Compensation Fund, Comcasa, will extend the family allowance in money, species and services to rural women, with resources of the general budget of the nation, or with resources granted to them by other public sector entities, in whose objectives programs for rural areas are included, using interadministrative agreements subscribed between the respective public entities.
ARTICLE 14. MEMBERSHIP OF RURAL WOMEN WITHOUT EMPLOYMENT LINKS TO THE GENERAL SYSTEM OF OCCUPATIONAL RISKS. The Ministry of Labour and Social Security will create membership mechanisms for rural women who lack employment links. so that they can have as independent workers the corresponding coverage of the General System of Professional Risks.
ARTICLE 15. PROFESSIONAL RISK PROGRAMS FOR RURAL WOMEN. The Ministry of Labor and Social Security, through the Fund of Professional Risks, in the development of its object, will advance studies, campaigns and actions of prevention, promotion and education, aimed at rural women, in order to improve their quality of life, either by working from their home or in the development of their rural activities.
STANDARDS RELATED TO RURAL WOMEN ' S EDUCATION, TRAINING AND RECREATION.
ARTICLE 16. PROMOTION OF RURAL EDUCATION. Under the development of article 64 of Law 115 of 1994, the National Government and territorial entities will promote a service of rural and rural education of a character formal, non-formal and informal, which in an equitable manner extends the technical training of rural men and women in the activities covered by Article 3o. of this law.
ARTICLE 17. CONDITIONS FOR RURAL WOMEN ' S ACCESS TO VOCATIONAL TRAINING PROGRAMMES CARRIED OUT BY THE SENA. The National Learning Service, SENA, will have to ensure that in the vocational training programmes it carries out, it will consider the initiatives and needs of rural women and ensure their access to all technical and professional training programs and courses without sponsorship or discrimination. To this end, it may act in coordination with the Ministry of Agriculture.
PARAGRAFO. In the development of this standard, the SENA will have to create for rural women who want to access their courses and training programs, conditions in accordance with their educational and lifestyle training and roles they play.
ARTICLE 18. COMMUNITY SOCIAL SPORT AND COMMUNITY TRAINING FOR RURAL WOMEN. The municipalities and departments should place emphasis on plans, programmes and projects which stimulate the practice of Community social and training social sport, according to the parameters established by Law 181 of 1995, as indispensable instruments to achieve the integral development of rural women.
PARTICIPATION OF RURAL WOMEN IN DECISION-MAKING BODIES.
ARTICLE 19. EQUITABLE PARTICIPATION OF RURAL WOMEN IN DIFFERENT DECISION-MAKING, PLANNING AND MONITORING BODIES AT THE TERRITORIAL LEVEL. Rural women will have an equal participation in the Municipal Council for Rural Development and Councils. Territorial Planning. It will also ensure its fair participation in the work and conciliation tables; in the instances created for the formulation and follow-up of the plans of territorial planning, taking into account the provisions of the articles 4or. and 22 of Law 388 of 1999; as well as in other instances of citizen participation created to coordinate and rationalize both actions and the use of resources destined for rural development and choice of projects which are the subject of co-financing.
Representatives of rural women will be democratically chosen by their own organizations under the conditions laid down by law.
PARAGRAFO. Local planning and decision bodies should consider specific topics related to rural women.
ARTICLE 20. PARTICIPATION OF RURAL WOMEN IN ENTITIES AND DECISION-MAKING BODIES THAT FAVOR THE RURAL SECTOR. In all entities and decision-making bodies of the national, departmental and municipal order, which implement policies, plans, programmes or (a) projects or measures designed to promote the rural sector, rural women should be equally represented, which will be chosen in a democratic way by their own organisations under the conditions laid down by the respective law.
ARTICLE 21. PARTICIPATION OF RURAL WOMEN IN DEPARTMENTAL, DISTRICT AND MUNICIPAL BOARDS OF EDUCATION. On the Department, District and Municipal Boards of Education there will be a representative of rural women chosen in a way democratic by their own organizations, who will participate according to the guidelines set by the law.
ARTICLE 22. PARTICIPATION OF RURAL AFRO-COLOMBIAN WOMEN IN THE DECISION-MAKING BODIES OF THE COMMUNITY COUNCILS. At the general assemblies and on the boards of the community council that integrate the community councils of the communities As well as in the departmental, regional and high level consultative commissions, there must be a participation of no less than 30% of rural Afro-Colombian women.
ARTICLE 23. CREATION OF THE CONSULTATIVE COMMISSION OF RURAL INDIGENOUS WOMEN. Create a Consultative Commission of rural indigenous women of different ethnicities, formed in a democratic way by them, for identification, formulation, evaluation and monitoring of plans, programs and projects related to the economic, social, cultural, political and environmental development of the indigenous peoples of Colombia.
RULES RELATED TO LAND REFORM.
ARTICLE 24. TITLE OF LAND REFORM PREMISES IN THE NAME OF THE SPOUSE OR PERMANENT PARTNER (S) LEFT IN THE STATE OF ABANDONMENT. In cases where the property is entitled or in the process of being entitled, either jointly in the name of the spouses or the (i) permanent colleagues or, only in the name of one of the spouses or of one of the permanent partners, in the event that one of them leaves the other, their rights to the predium in the process of qualification or already entitled, must remain in the head of the spouse or permanent partner (s) who demonstrates the situation of abandonment and meets the requirements to claim the prescription.
ARTICLE 25. TITLE OF LAND REFORM PREGOD TO COMMUNITY ENTERPRISES OR ASSOCIATIONS OF RURAL WOMEN. May be beneficiaries of the titration of land reform grounds for community enterprises or associative groups of rural women meet the other requirements required by law. Preferential access to the land of women heads of household and those who are in a state of social and economic protection due to violence, abandonment or widowhood is also guaranteed.
ARTICLE 26. EQUITABLE PARTICIPATION OF RURAL WOMEN IN THE PROCEDURES FOR THE AWARD AND USE OF LAND REFORM PREMISES. In all procedures for the award and use of land reform premises, which allow participation in the decisions, training, technical assistance and the negotiation of the rights, must be equitably involved both men and rural women who are beneficiaries, with the object, to guarantee the transparency and equality of these procedures.
VARIAS PROVISIONS.
ARTICLE 27. FAMILY ALLOWANCES FOR RURAL HOUSING FOR RURAL WOMEN. The granting of family housing subsidies of rural social interest shall give priority to rural women who have a family head status on the other applicants, by means of a preferential score that will be estimated in the qualification of postulations and the regulation of a minimum allocation of the resources allocated for the rural housing allowance
ARTICLE 28. PARTICIPATION OF RURAL WOMEN IN REFORESTATION PLANS, PROGRAMS AND PROJECTS. In the plans and reforestation projects to be carried out in rural areas, at least 30% of the labour force of the rural women who live in them, who together with the community they belong to, must be consulted by the environmental authorities on the existing plants in the area in order to ensure afforestation in accordance with the ecosystem.
ARTICLE 29. EQUAL PAY IN THE RURAL SECTOR. Under the development of Article 14 of Law 581 of 2000, the Government, the Minister of Labour and Social Security, the Administrative Department of the Civil Service and other The authorities will monitor compliance with legislation that establishes a level playing field, with particular care that the principle of equal pay for equal work in the rural sector be made effective, in order to eliminate the inequities that are presented in this respect between rural men and women.
PARAGRAFO. The National Government must create instruments and mechanisms to ensure the effective and timely reclamation of this right by rural women, in accordance with their special condition.
FINAL PROVISIONS.
ARTICLE 30. EXTENSION OF STATISTICAL REGISTERS AND ASSESSMENT INDICATORS ON THE CONDITION OF RURAL WOMEN. The National Government, through the competent bodies, will promote the extension of both statistical records on the condition of the rural women as indicators of evaluation of rural sector policies, plans, programmes and projects discriminated against by men and women.
ARTICLE 31. TRAINING SESSIONS FOR RURAL WOMEN. The National Registry of the Civil State will hold sessions to allow the ceding of rural women, in such a way as to enable them to be fully identified, to exercise their rights. citizens, access to services and obtaining special credits and subsidies.
ARTICLE 32. DISSEMINATION OF LAWS THAT FAVOR RURAL WOMEN THROUGH DIDACTIC MEANS. The National Government will issue cards, brochures and other means of communication of a didactic character, intended to disseminate widely this law and others that benefit rural women.
ARTICLE 33. BASIC INSTRUMENTS OF THE NATIONAL PLAN TO PROMOTE AND ENCOURAGE RURAL WOMEN AND OTHER PLANS AT REGIONAL LEVEL. Under the development of Article 10 of Law 581 of 2000, special consideration must be given to the basic instruments of the National Plan for the Promotion and Stimulus of Women, which will meet the interests and needs of rural women with low incomes.
Likewise, departmental, county and municipal governments will have to formulate and implement specific plans for equal opportunities, promotion and encouragement for rural women, for which they will take into account the opinion of the organizations that group them.
ARTICLE 34. PLAN FOR THE REVIEW, EVALUATION AND FOLLOW-UP OF RURAL WOMEN ' S PROGRAMS. The National Government will design a plan for the review, evaluation and monitoring of programs and laws that favor rural women, through the Department of The Equity of Women or those who do their times, with the collaboration of the Ministry of Agriculture and Rural Development. In addition, inter-institutional committees with the participation of rural women may be set up to assist in the implementation of the objectives of the plan.
PARAGRAFO. For the purposes of coordination, promotion, training, project reception, applicability, review, evaluation and monitoring of this law in the departments, Dansocial regional can support the compliance with this function prior to agreement with the National Government.
ARTICLE 35. VALIDITY. This law governs from its publication and repeals all provisions that are contrary to it.
The President of the honorable Senate of the Republic,
Carlos Garcia Orjuela.
The Secretary General (E.) of the honorable Senate of the Republic,
Luis Francisco Boada Gomez.
The President of the honorable House of Representatives,
Guillermo Gaviria Zapata.
The Secretary General of the honourable House of Rep resenting,
Angelino Lizcano Rivera.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., on January 14, 2002.
ANDRES PASTRANA ARANGO
The Minister of Agriculture and Rural Development,
Rodrigo Villalba Mosquera.
The Minister of Labour and Social Security,
Angelino Garzón.
