LAW 759 OF 2002

(July 25)

Official Journal No. 44.883 of 30 July 2002

PUBLIC POWER-LEGISLATIVE BRANCH

By means of which rules are issued to comply with the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction and Provisions are Fixed for the End to eradicate the use of anti-personnel mines in Colombia.

The Congress of Colombia

DECRETA:

I. DEFINITIONS.

ARTICLE 1o. For the purposes of this law the following definitions are brought:

The "Ottawa Convention" means the Convention on the Prohibition of the Use, Storage, Production and Transfer of Anti-Personnel Mines and on Their Destruction.

By "antipersonnel mine" means any mine conceived to explode by the presence, proximity or contact of a person, and that in case of explosion has the potential to incapacitate, injure and/or kill one or more people. Mines designed to detonate by the presence, proximity or contact of a vehicle, and not of a person with an anti-tampering device, are not considered as anti-personnel mines for being so equipped.

By "mine" means any explosive device designed to be placed beneath, on or near the surface of the ground or other surface any and intended to explode by the presence, proximity or contact of a person or a person. vehicle.

By "anti-tampering device" means a device intended to protect a mine and which is part of it, which is connected, fixed or placed under the mine, and which is activated when it is intended to be manipulated or intentionally activated some other way.

By "transfer" means, in addition to the physical transfer of antipersonnel mines to or from the national territory, the transfer of the domain and control over the mines, but which does not refer to the transfer of territory containing antipersonnel mines placed.

By "transfer" means the physical transfer of antipersonnel mines within the national territory.

A "mined zone" means a hazardous area due to the presence of mines or suspected presence.

By "means of launching or dispersing mines" are those vectors or mechanisms specifically conceived as a means of launching or dispersing antipersonnel mines.

An "accident" means an unwanted event caused by antipersonnel mines that causes physical and/or psychological damage to one or more people.

An "incident" means an event related to antipersonnel mines, which may increase to an accident or have the potential to lead to an accident.

By "booby trap" an anti-personnel mine is understood in a seemingly harmless object.

By "powder keg" means the construction or building that complies with the technical and safety standards and is used for permanent or transient storage of explosives.

II. CRIMINAL REGIME.

ARTICLE 2o. The Penal Code will have an item with the number 367-A, as follows:

Article 367-A. Employment, production, marketing and storage of antipersonnel mines. The use, production, marketing, transfer and storage, directly or indirectly, of antipersonnel mines or vectors specifically designed as a means of launching or dispersing antipersonnel mines, shall be in prison for 10 (10) to 15 (15) years, in fine of five hundred (500) to one thousand (1,000) minimum monthly legal salaries in force, and in disablement for the exercise of rights and public functions of five (5) to ten (10) years.

However, the Ministry of National Defense is authorized to:

Keep the anti-personnel mines that you have stored according to the deadline set in article 4or. of Law 554 of 2000 and those which were used for the protection of military bases, of the energy infrastructure and of communications, duly signposted and guaranteeing the protection of the civilian population at the first of March 2001, within the time limits laid down in the Convention on the Prohibition of the Use, Storage, Production and Transfer of Anti-Personnel Mines and on their Destruction, as provided for in Article 5or. of Law 554 of 2000 ".

Move antipersonnel mines in compliance with the destruction plan and exclusively for that purpose.

Retain, retain and transfer an amount of antipersonnel mines for the development of detection, clearing or destruction techniques and training in such techniques, which may not exceed a thousand (1,000) mines.

If the antipersonnel mine has an anti-tampering device or if it has been armed as an explosive trap, the penalty will be fifteen (15) to twenty (20) years in prison, the fine will be a thousand (1,000) to two thousand (2,000) minimum monthly legal salaries in force, and the disablement for the exercise of rights and duties shall be ten (10) to fifteen (15) years.

ARTICLE 3o. The Penal Code will have an item with the number 367-B, as follows:

Article 367-B. Aid and induction into employment, production and transfer of anti-personnel mines. The one who promotes, assists, facilitates, stimulates or induces another person to participate in any of the activities referred to in article 367-A of the Penal Code, will be in prison of six (6) to ten (10) years and in fine of two hundred (200) to five hundred (500) legal minimum monthly salaries in force.

III. REGIME FOR THE DESTRUCTION OF ANTIPERSONNEL MINES.

ARTICLE 4o. According to item 1o. of the Ottawa Convention, the Colombian State undertakes to destroy or ensure the destruction of all antipersonnel mines within the time limits provided for in Articles 4 or 4. and 5o. of that Convention.

To this end, the Ministry of Defense will present the destruction plan to the National Intersectoral Commission for Action against Anti-Personnel Mines, within six (6) months of the entry into force of this law. The destruction of antipersonnel mines shall be done by means of procedures which respect the environmental conditions of the area in which they are destroyed.

notwithstanding the foregoing and as an exception to the provisions of the second article of this Law, the Ministry of National Defense is authorized to:

Keep the anti-personnel mines in storage and those that were used for the protection of military bases, the energy and communications infrastructure, duly signposted and guaranteeing the protection of the military bases. protection of the civilian population, within the time limits laid down in the "Convention on the Prohibition of the Use, Storage, Production and Transfer of Anti-Personnel Mines and on their Destruction".

Move antipersonnel mines in compliance with the destruction plan and exclusively for that purpose.

Retain, retain and transfer an amount of anti-personnel mines for the development of detection, clearing or destruction techniques and training in such techniques, which may not exceed a thousand (1,000) mines in the established time in article 4or. of Law 554 of 2000.

IV. NATIONAL INTERSECTORAL COMMISSION FOR ACTION AGAINST ANTIPERSONNEL MINES.

ARTICLE 5o. CREATION AND FORMATION OF THE NATIONAL INTERSECTORAL COMMISSION FOR ACTION AGAINST ANTIPERSONNEL MINES. Create an Intersectoral Commission, attached to the Administrative Department of the Presidency of the Republic, to be called " Commission National Intersectoral for Action against Anti-Personnel Mines ", which will be integrated as follows:

a) The Vice President of the Republic or its delegate;

(b) The Minister of the Interior or his delegate;

(c) The Minister of Foreign Affairs or his delegate;

d) The Minister of National Defense or his delegate;

e) The Minister of Health or his delegate;

f) The Director of the Department of National Planning or its delegate;

g) The Director of the Presidential Program for the Promotion, Respect and Guarantee of Human Rights and the application of International Humanitarian Law or its delegate, or of the entity that does its own times.

PARAGRAFO 1o. Permanent Guests. They will be permanent guests of the National Intersectoral Commission for Action against Antipersonnel Mines:

a) The High Commissioner for Peace or his delegate or who does his or her times;

(b) The Ombudsman or his delegate;

c) Two representatives of non-governmental organizations working with antipersonnel mine victims;

d) The Attorney General of the Nation or its delegate;

e) The Attorney General of the Nation or its delegate;

f) The Commander General of the Military Forces or his delegate;

h) The Director General of the National Police or its delegate;

i) Other persons deemed appropriate by the Commission to be invited.

PARAGRAFO 2o. Presidency of the Commission. The National Inter-Sectoral Commission for Action against Anti-Personnel Mines shall be chaired by the Vice President of the Republic or its delegate and by its own right shall meet once every four months.

ARTICLE 6o. FUNCTIONS OF THE NATIONAL INTERSECTORAL COMMISSION FOR ACTION AGAINST ANTIPERSONNEL MINES. The functions of the National Intersectoral Commission for Action against Anti-Personnel Mines will be as follows:

1. The Commission will present to the Economic and Social Policy Council a document stating the State's action in relation to the national measures implementing the Ottawa Convention, in the following areas: Humanitarian Demining; Assistance to Victims; Promotion and Defense of Humanitarian Law and International Humanitarian Law; Destruction of Stored Antipersonnel Mines; and, Awareness Campaigns. The document must be submitted and approved within six months of the entry into force of this law.

2. To verify compliance with the national enforcement measures approved by the Conpes, which are in compliance with the commitments made by Colombia as a State Party to the Ottawa Convention.

3. Promote and coordinate with the national authorities the processes of cooperation between the State, civil society and the international community, aimed at the actions of Humanitarian Demining; Assistance to Victims; Promotion and Defense of the Law Humanitarian and International Humanitarian Law; Destruction of Stored Antipersonnel Mines and Awareness Campaigns and other aspects of assistance and cooperation that the Ottawa Convention is demanding.

4. Approve the reports submitted by the Technical Secretariat and present the country's official information on the issue of anti-personnel mines to be addressed to the national and international community, through the Ministry of Foreign Affairs. Similarly, refer these reports to the Senate and House Commissions II.

5. Invite as an advisor to the national or international persons and organizations that it considers relevant for the performance of their duties.

6. Request the Office of the Ombudsman and the Attorney General's Office to designate "National Humanitarian Missions for Fact-Checking and Formulating Recommendations" and to evaluate the reports presented by the Humanitarian Mission. respective.

7. Establish its rules of procedure and the Inter-Sectoral Subcommissions Technical Assistance for Victims and Integral Prevention, Senalization, Elaboration Of Maps and Humanitarian Demining, one (1) month after this law is sanctioned.

8. All other products that are specific to the specific nature of their activity.

ARTICLE 7o. ORGANS OF THE NATIONAL INTERSECTORAL COMMISSION FOR ACTION AGAINST ANTIPERSONNEL MINES. They are the bodies of the National Intersectoral Commission for Action against Anti-Personnel Mines:

a) The Technical Secretariat;

b) The Technical Intersectoral Victim Care Subcommittee;

c) The Technical Intersectoral Subcommittee on Integral Prevention, Senalization, Elaboration Of Maps and Humanitarian Demining;

(d) The other bodies that are required by the members of the National Intersectoral Commission for Action against Anti-Personnel Mines.

The Technical Secretariat of the National Inter-Sectoral Commission for Action against Anti-Personnel Mines will be in charge of the Administrative Department of the Presidency of the Republic, through the Presidential Program for the Promotion, Respect and Guarantee of Human Rights and Application of International Humanitarian Law, or of the entity that does its own times.

The Inter-Sectoral Technical Subcommittee on Victims ' Attention will be composed of the representative or delegate of the following entities: Ministry of National Defense, Ministry of Interior, Ministry of National Education, Ministry of Labor and Social Security, Ministry of Communications, Ministry of Health, Colombian Family Welfare Institute, Social Solidarity Network or entity that does its times and Presidential Program for the Promotion, Respect and Guarantee of Human Rights and Application of International Humanitarian Law or the entity that does its own times.

Permanent guests will be invited to the meetings of the Inter-Sectoral Technical Assistance for Victims, the representative or delegate of the following entities: National Advisory Committee for Persons with Limitation, Program for the Reinsertion of the Ministry of the Interior, Presidential Counselor for Social Policy, or the entities that do their times, as well as the others that the Commission determines convenient.

The Technical Inter-Sectoral Subcommittee on Integral Prevention, Senalization, Elaboration of Maps and Humanitarian Demining will be composed of the representative or delegate of the following entities: Ministry of the Interior, Ministry of Defense National, Ministry of the Environment, National Planning Department, Agustin Codazzi Geographic Institute and Presidential Program for the Promotion, Respect and Guarantee of Human Rights and Application of International Humanitarian Law entity to do its times.

The representative or delegate of the following entities shall be permanent guests at the meetings of this Technical Intersectoral Subcommittee: Office of the High Commissioner for Peace, Program for the Reinsertion of the Ministry of the Interior, or entities that do their times, and the other entities that the Commission determines is appropriate.

ARTICLE 8o. FUNCTIONS OF THE TECHNICAL SECRETARIAT. They are the functions of the Technical Secretariat of the National Intersectoral Commission for Action against Anti-Personnel Mines:

1. Prepare the necessary technical support for the performance of the functions of the National Intersectoral Commission and put them under consideration by its Members.

2. Convene the entities that make up the National Inter-Sectoral Commission for Action against Anti-Personnel Mines to work on ordinary or extraordinary meetings.

3. Require the Technical Intersectoral Subcommittees to report relevant reports according to the Conpes.

4. All others that are themselves of the nature of their activity.

ARTICLE 9o. FUNCTIONS OF THE INTERSECTORAL SUBCOMMITTEES FOR THE TECHNICAL ASSISTANCE OF VICTIMS AND OF INTEGRAL PREVENTION, SIGNALING, MAPPING AND HUMANITARIAN DEMINING. According to their work areas, they will be the functions of the Subcommittees Intersectoral Techniques:

1. Formulate the technical components of the Conpes and submit them to the Technical Secretariat.

2. Coordinate technical assistance with the governments of the Territorial Authorities for the harmonization and implementation of the Conpes.

3. Define the instruments and strategies for the implementation, monitoring and evaluation of the Conpes.

4. Submit to the Technical Secretariat the six-monthly management reports and an annual consolidated report.

5. Convene the entities or persons deemed necessary for the performance of their duties.

6. All others that are themselves of the nature of their activity.

V. HUMANITARIAN MISSIONS.

ARTICLE 10. NATIONAL HUMANITARIAN MISSIONS. For the protection of fundamental rights to the life and personal integrity of the civilian population in the Colombian territory, on actions with anti-personnel mines the National Government will integrate " Missions National humanitarian for fact-checking and formulation of recommendations. "

The National Humanitarian Missions will be coordinated by the Ombudsman's Office, which will be able to invite national and international human rights organizations and international humanitarian law organizations for their formation. diplomatic missions, members of the Church and experts, whose participation is deemed necessary or appropriate. The National Government shall regulate the relevant.

The entities that integrate the humanitarian missions will guarantee the costs that the development of these missions will generate.

For the development of inspection and visitation powers throughout the national territory, local authorities will provide their collaboration so that the members of the Mission have access to places, information and people who have knowledge of aspects related to the respective Humanitarian Mission.

ARTICLE 11. FUNCTIONS OF NATIONAL HUMANITARIAN MISSIONS. The "National Humanitarian Missions for Fact-Checking and Recommendations-making" have the following functions:

1. Carry out visits to places where there is a presence of anti-personnel mines or their presence is suspected.

2. Verify the existence of antipersonnel mines in the visited place, through inspections and interviews.

3. Request reports from the civilian, military, and police authorities on the facts that motivate the Mission.

4. Assess the risk to which the civilian population living in the visited place is subject.

5. Request the technical advice required for the performance of their duties.

6. Make recommendations and observations for the State to take all necessary measures as soon as possible so that the anti-personnel mines detected or whose existence is suspected, have the perimeter marked and are isolated by fences or other means, until such time as their destruction is carried out, as well as for the effective dissemination of information to prevent the occurrence of accidents and incidents involving anti-personnel mines in the region concerned.

7. As a preventive measure to provide serious and accurate information about the situation at the site of the verification and alert the population that may be at risk.

8. To promote in a coordinated manner other necessary humanitarian actions.

9. Track compliance with the recommendations issued by the Mission.

10. Report to the National Inter-Sectoral Commission for Action against Antipersonnel Mines, the Ombudsman and the Attorney General's Office, at the end of the Mission and at the time of verifying compliance with the recommendations.

11. All others that are themselves of the nature of their activity.

ARTICLE 12. INTERNATIONAL MISSIONS OF DETERMINATION OF FACTS. When the Colombian Government requests the Missions of "determination of facts" provided for in Article 8 of the Ottawa Convention, they will be able to operate in all areas and facilities of the the Colombian territory, in accordance with the procedures laid down in that Article.

Shall be composed of experts appointed by the Secretary-General of the United Nations and shall enjoy the privileges and immunities determined in Article VI of the United Nations Convention on Privileges and Immunities, adopted on February 13, 1946.

The National Government, at the highest possible level, shall ensure the logistical support and security of the members of the Mission, appoint an accompanying team and determine their functions.

If the Mission requires inspecting a territory that is privately owned, the owner will be asked to enter. In case of failure to obtain it, the rules of internal procedure shall be laid down.

The accompanying team will ensure that the conditions are met for the mission to be executed, and will verify that the teams introduced into the national territory by the experts, prior to the notice indicated by the Ottawa Convention, will exclusively to collect information on the subject of the contested compliance. It will also seek to give the Mission the opportunity to speak with people who can provide information on the object of the Mission.

VI. MONITORING.

ARTICLE 13. ANTIPERSONNEL MINE OBSERVATORY. The National Government will put into operation an Anti-Personnel Mines Observatory, which will be in charge of the Administrative Department of the Presidency of the Republic through the Presidential Program for the Promotion, Respect and Guarantee of Human Rights and application of International Humanitarian Law or of the entity that does its own times.

The observatory, as the basis of the Anti-Personnel Mine Action Information System, will be responsible for collecting, systematizing, centralizing and updating all information on the subject, as well as facilitating decision-making in prevention, signalling, mapping, mine removal and care for victims. To this end, the Ministry of Defense will have to send monthly the report of all the events related to antipersonnel mines from which its troops have become aware. Likewise, the administrative authorities of the Territorial Authorities and municipal persons have a duty to report on any accident or incident of mines of which they are aware.

As soon as you become aware of the accident or incident, the Presidential Program for the Promotion, Respect and Guarantee of Human Rights and the application of International Humanitarian Law, or the Entity that does its times, will proceed to to ask the competent authorities for measures of comprehensive prevention, signalling, humanitarian demining and care for victims to take place.

VII. SEIZURE AND DESTRUCTION.

ARTICLE 14. The antipersonnel mines stored or the vectors specifically designed as means of launching or dispersing antipersonnel mines, which are found by the Military or Police Forces and by the authorities who serve as Judicial Police functions, provided that they do not generate any risk of explosion will be seized and will be made as soon as possible at the disposal of the Prosecutor General's Office, where they will be ordered to be submitted to a technical evaluation by the Public Force, the Military Industry, the Corps Investigation technician or the Administrative Department of Security, DAS and, once determined their adjustment to the definitions of this law, will be disposed of by personnel of the Ministry of National Defense experts in the field.

When antipersonnel mines are planted and could pose a risk to anyone, it will be possible, if possible, to their immediate destruction and post-explosion evidence will be collected, with which a report will be submitted to the Attorney General of the Nation, which will be considered as a technical certificate of the existence of the device and its destruction. Where the destruction of antipersonnel mines is not advisable, the marking and marking of the perimeter of the mined area shall be carried out as soon as possible. The signage shall comply with at least the rules laid down in the Protocol on prohibitions or restrictions on the use of mines, trap weapons and other devices.

ARTICLE 15. Stored antipersonnel mines and vectors specifically conceived as means of launching or dispersing antipersonnel mines may be referred to a powder keg where they will be held in custody. the Public Force while ordering its destruction, which shall be carried out as soon as possible.

The material placed under control and custody of the Public Force will remain in this state for the maximum term of three months, from the date of its receipt, after which it will be destroyed.

The act of destruction of anti-personnel mines must be accompanied by the international community.

VIII. VARIAS PROVISIONS.

ARTICLE 16. The National Government will allocate the necessary resources for the development of national measures implementing the Ottawa Convention in the following areas: Humanitarian Demining; Assistance Victims; Promotion and Defense of Humanitarian Law and International Humanitarian Law; Destruction of Stored Antipersonnel Mines; and Awareness Campaigns, as well as for Humanitarian Missions and the sustainment of the System of Action Information against Anti-Personnel Mines.

ARTICLE 17. INTERNATIONAL COOPERATION. The National Government, through the Ministry of Foreign Affairs and the National Planning Department, will advance the necessary steps to obtain the technical and financial support of the cooperation agencies. international and the States Parties to the Ottawa Convention, in the elaboration and implementation of programs and projects related to the subject matter of this law.

ARTICLE 18. COMMITMENTS OF THE MINISTRY OF NATIONAL DEFENSE. The Ministry of National Defense will appoint military personnel specialized in humanitarian demining techniques, to carry out detection, signaling, and georereferencing of areas of danger, cleanliness and elimination of anti-personnel mines. Likewise, the National Government will finance the expenses caused by the destruction of the antipersonnel mines that the Military Forces will have stored or identify and manage the resources of international cooperation for this purpose, through of the Ministry of Foreign Affairs and the National Planning Department.

ARTICLE 19. VALIDITY. This law governs from the date of its enactment, repeals the provisions that are contrary to it and those contained in Decree 2113 of October 8, 2001.

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 honorable House of Representatives,

Angelino Lizcano Rivera.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., at 25 July 2002.

ANDRES PASTRANA ARANGO

The Minister of the Interior,

Armando Estrada Villa.

The Deputy Minister of Finance and Public Credit, in charge of the office of the Minister of Finance and Public Credit,

Federico Rengifo Velez.

The Minister of National Defense,

Gustavo Bell Lemus.