Act 992 2005

Original Language Title: LEY 992 de 2005

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LAW 992 2005
(November 2)
Official Gazette No. 46081 of November 3, 2005

CONGRESS OF THE REPUBLIC
By means of which the "Agreement for Integral Development and Basic Assistance Wayúu Indigenous People of the Republic of Colombia and the Republic of Venezuela", signed in Caracas to three (3) days of the month is approved May 1990 (1990) Summary

Term Notes
THE CONGRESS OF THE REPUBLIC
having regard to the text of the Agreement for Integral Development and Basic Assistance Wayúu Indigenous People of the Republic of Colombia and the Republic of Venezuela signed in Caracas to three (3) days of May 1990 (1990), which reads:
(to be transliterated: photocopy of the full text of that instrument is attached). BILL NUMBER
2004
87 through which the "Agreement for Integral Development and Basic Assistance Wayúu Indigenous peoples of the Republic of Colombia and the Republic of Venezuela" is approved, signed in Caracas three (3) days of May 1990 (1990)
the Congress
having regard to the text of the Agreement for Integral Development and Basic Assistance Wayúu Indigenous People of the Republic of Colombia and the Republic of Venezuela, signed in Caracas to three (3) days of May 1990 (1990), which reads:
(to be transliterated: photocopy of the text is attached full of that instrument).
AGREEMENT FOR INTEGRAL DEVELOPMENT AND BASIC ASSISTANCE INDIGENOUS WAYUU OF THE REPUBLIC OF COLOMBIA AND THE REPUBLIC OF VENEZUELA
The Government of the Republic of Colombia and the Government of the Republic of Venezuela. Considering the Declaration of Ureña, signed by the Presidents of both States, on March 28, 1989 in the International General Francisco de Paula Santander Bridge;
Considering the conclusions of the meeting of the Binational Border Integration Commission Colombo-Venezuelan; held in Maracaibo on 25 and 26 August 1989 and ratified at the meeting in Cucuta on 29 and 30 September 1989;
Considering the declaration signed by Presidents Virgilio Barco of Colombia and Venezuela Carlos Andres Perez, the International General Francisco de Paula Santander Bridge on 5 October 1989.
Have agreed as follows:
Article 1
L Parties undertake to cooperate in the joint development of plans, programs and projects to improve the living conditions of their respective Wayuu indigenous populations located in areas adjacent to the borders of the Republic of Venezuela and the Republic of Colombia in response to the needs of these populations. Article 2

bodies shall implement this Agreement by the Republic of Venezuela, the Development Corporation of the Zulia Region, Corpozulia, and by the Republic of Colombia Regional Autonomous Corporation of La Guajira , Corpoguajira. Article 3

The parties will coordinate the works and actions necessary between the competent authorities of each in order to make possible the development and implementation of bilateral projects for the development of indigenous Wayuu of each of the Parties. Article 4

To achieve the overall objectives of the Agreement, the Parties shall develop the following:
1. Perform a simultaneous census of their respective national indigenous Wayuu, residing in areas adjacent to the borders of each country.
2. Develop a study to determine the establishment of a means of identification that allows indigenous nationals of each Contracting Party free transit across the borders of both states.
3. Develop a study leading to the strengthening of intercultural bilingual education. This study will cover mainly issues such as teacher training, ethno-cultural research, provision of scholarships for technical and higher education, leveling for college entrance and equipping schools Wayuu indigenous students of both Parties.
4. jointly develop a plan for the development of water resources of La Guajira, in order to seek solutions to the problem of water supply to the indigenous population Wayuu of both Parties considering different alternatives such as Jagueyes, windmills, deep wells and / or surface, ring wells, etc.

5. Study the possibility of establishing a binational station for research and exploitation of arid and semi-arid areas in order to determine the goods and services these ecosystems can contribute to the development of rural communities in them, and to practice some activities like capricultura, rabbit breeding, agriculture, bee-keeping, fish farming and fishing.
6. Instruct Corpozulia and Corpoguajira the development, in coordination and with the assistance of the entities in the industry in each Party, a study to establish the common use of hospital services and centers and health posts in the border area inhabited by the indigenous population Wayuu each Party-Contracting jointly perform sanitary and epidemiological control in this area campaigns and encouraging students last year of medicine in both countries, do their internship and rural year in the common area of ​​Colombo border -Venezolana.
7. Promote research on the problems of the indigenous population Wayuu of both parties, in the higher centers of education, which allows students to apply them in concrete projects to improve the standard of living of the inhabitants of the area adjacent to the borders of both states .
8. jointly study the possibility of establishing a special regime for the products that make up the basic food of the household duties and remain free from tariff formalities.

Article 5 Parties may agree to include other activities they deem necessary to achieve the objectives of this Agreement. Article 6

The Parties shall jointly define funding mechanisms to cover the costs of execution of this Agreement, through Corpozulia and Corpoguajira. Article 7

Corpoguajira Corpozulia and develop an Annual Plan of Operations concretize this Agreement.
The Annual Plan of Operations include the terms of reference of the actions provided for in this Agreement or subsequently added, specifying objectives, work schedules indicating initiation and termination date, quantity and characteristics of the resources programmed and contribution of the Parties. Article 8

representatives Corpozulia and Corpoguajira will meet regularly, at least twice a year to prepare the Annual Plan of Operations, assess activities and make adjustments they deem necessary and Operations Plan if the case may propose amendments to this Agreement. Article 9

Corpozulia and Corpoguajira will have the technical support of the relevant authorities in each country to structure, implement and evaluate the activities stipulated in the plans, programs and projects to develop.

Article 10 This Agreement shall enter into force on the date on which the Parties notify each other in writing have met the requirements of their respective domestic laws for approval. It will last four (4) years, renewable for equal periods and may be terminated at any time by either Party by written notice to the other Party sixty (60) days prior notice. Signed in Caracas
three (3) days of May in 1990, in two (2) copies in Spanish, equally authentic.
For the Republic of Colombia,
FRANCISCO JAVIER DAZA TOVAR, President Board
Regional Autonomous Corporation of La Guajira.
For the Republic of Venezuela,
EZIO RINALDI, President
Development Corporation of Zulia Region.
EXECUTIVE BRANCH PUBLIC POWER

Presidency of the Republic Bogotá, DC, June 20, 2003
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)

The Alvaro Uribe Minister of Foreign Affairs (sgd.)
Carolina Barco Isakson.
DECREES: Article 1.
. To approve the Agreement for Integral Development and Basic Assistance Wayúu Indigenous peoples of the Republic of Colombia and the Republic of Venezuela signed in Caracas to three (3) days of May 1990 (1990). Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the Agreement for Integral Development and Basic Assistance populations Indigenous Wayuu of the Republic of Colombia and the Republic of Venezuela signed in Caracas to three (3 ) days of May 1990 (1990), that the first article of this law is 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.
Given in Bogotá, DC, ...
honorable Presented to Congress by the Minister of Interior and Justice and the Minister of Foreign Affairs.
The Minister of Interior and Justice,
Sabas Pretelt de la Vega.
The Minister of Foreign Affairs, Carolina Barco Isakson
. STATEMENT OF MOTIVES

Honorable Senators and Representatives:
On behalf of the Government and in compliance with Articles 150, paragraph 16 and 189, paragraph 2 of the Constitution of Colombia, presented for consideration by the honorable Congress Republic the bill through which the Agreement for Integral Development and Basic Assistance populations Indigenous Wayuu of the Republic of Colombia and the Republic of Venezuela signed in Caracas to three (3) days of the month is approved May 1990 (1990). Preliminary considerations

Wayúu Indigenous people, who have ancestrally occupied the peninsula of La Guajira, has co mo historical reference the fact of having been recognized by the Spanish as "Guajiro" or "shepherds of the desert". The Wayuu inhabit an area that was not subject to the domain of the crown and today, according to the political and administrative division of the territories of the Republic of Colombia and the Republic of Venezuela, covers the entire Peninsula La Guajira, including the surrounding areas of the Sierra Nevada de Santa Marta and the Serrania de Perija in Colombia and the Venezuelan territory corresponding to Zulia State from lake Maracaibo to the border, extent and geographical location that precedes the formation of the two States.
The Wayuu, even with its intercultural relations, as an ethnic group retains its peculiarities and customs that have for millennia characterized in their social, economic and cultural political activities. However, their living conditions are under conditions that require real and joint of the governments of Colombia and Venezuela seek solutions regarding their basic needs and improve the quality of life action. Analysis and

importance of the Agreement The Agreement that this opportunity presents for consideration by the honorable Congress is the result of the commitments made by the parties at meetings of the Binational Border Integration Commission Colombo-Venezolana held in Maracaibo and Cucuta in August and September 1989, respectively, where the need for integration mechanisms for the two countries was determined.
In such mechanisms, the May 3, 1992, was signed in Caracas, the Agreement for Integral Development and Basic Assistance Wayúu Indigenous People in which the two Governments agree to collaborate on the joint development of actions plans, programs and projects to improve the living conditions of their populations living in the border area between Colombia and Venezuela comprising the department of La Guajira in Colombia and the State of Zulia in Venezuela.
To achieve the objectives of the Agreement, Venezuela designated as implementing body of the Agreement, the Development Corporation of the Zulia Region, Corpozulia, and Colombia, the Regional Autonomous Corporation of La Guajira, Corpoguajira, entities that coordinate works and actions necessary to enable the preparation and implementation of binational projects to propender for development and better living conditions of these indigenous populations.
Within the plans, programs and projects listed in Article 4 of the Agreement are identified, among others, the following:
Conducting a study to establish a means or mechanism to facilitate free transit across the borders of both states, their indigenous nationals;
The development of studies leading to the strengthening of intercultural bilingual education; which will consider issues related to teacher training, ethno-cultural research, provision of scholarships for access to technical and higher education, leveling for college entrance, and the provision of schools for indigenous students Wayuu of Two parts.
The joint development of a plan for the development of water resources of La Guajira, in order to seek solutions to the problem of drinking water supply to the indigenous population Wayuu, considering different alternatives such as jagüeyes, windmills, deep wells and / or surface and ringed wells, among other solutions.

The possibility of establishing a binational station for research and exploitation of arid and semi-arid areas in order to determine the goods and services these ecosystems can contribute to the development of rural communities located therein, and to practice activities such as the capricultura, rabbits, agriculture, beekeeping, CIRA and fishing, among others.
Overtaking, through implementation bodies, a study to establish the common use of hospital services and centers and health posts located in the territory of each of the Contracting Parties and the joint implementation of health campaigns and epidemiological control in the area, and encouraging students last year of medicine in both countries, do their internship and rural year in the common area of ​​the Colombian-Venezuelan border.
Promote, in higher education centers, research into the problem of Wayúu population, allowing students to apply their methods for their solution and improvement of living standards.
The joint study on the possibility of establishing a special regime for the products that make up the basic food of the household duties and remain free from tariff formalities.
The execution or implementation of the proposed actions will enable to provide solutions to the basic needs of border communities of the Wayuu indigenous populations with a difficult social and economic situation due in part to their conditions of territorial occupation and fragility of its environment by geographical features of an arid and desert area that affects their situation in the health, education and environment, and decreases the chances of work and income according to their cultural patterns.
For Colombia, the actions referred to in this international instrument aimed to comply with the provisions of the 7th article of the Constitution which states that "the State recognizes and protects the ethnic and cultural diversity of the Colombian Nation"; in harmony with legal developments such as Act 191 of 1995, by which provisions on border areas and Act 21 of 1991 approving the "Convention 169 on Indigenous and Tribal Peoples in Independent Countries" of the International Organization dictate Labour, ILO, in particular to the provisions of article 7 which states: "the improvement of conditions of life and work and levels of health and education of the peoples concerned, with their participation and cooperation, should be priority in plans for the overall economic development of areas they inhabit. Special projects for development of the regions should also be so designed as to promote such improvement. "
On the other hand, it can be said that the achievement of the objectives of the Agreement keeps harmony with the rules for the sectors of health, education, environment, infrastructure, demography, and food, require consultation with indigenous communities and their organizations in search of improving their quality of life, maintaining their culture and internal strengthening, based on their family and kinship relations.
For these reasons, the Government, through the Minister of Interior and Justice and the Minister of Foreign Affairs requests the honorable Congress of the Republic approved the Agreement for Integral Development and Basic Support of Indigenous Peoples Wayúu of the Republic of Colombia and the Republic of Venezuela, signed in Caracas to three (3) days of May 1990 (1990).
Of the honorable Congressmen,
The Minister of Interior and Justice,
Sabas Pretelt de la Vega.
The Minister of Foreign Affairs, Carolina Barco Isakson
.

LAW 424 1998 (January 13)
why tracking the international agreements signed by Colombia is ordered.

The Congress of Colombia DECREES: Article 1.
. The National Government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States. Article 2.
. Each branch of the National Government responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Se-Gundas Commissions.

Article 3o. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.

Ernesto Samper Pizano Minister of Foreign Affairs, Maria Emma Mejia
VÉLEZ.

Senate SECRETARY GENERAL

Laws Processing Bogotá, DC, August 23, 2004
Mr. President
In order to proceed to distribute the Project law No. 87 of 2004 Senate, through which the "Agreement for Integral Development and Basic Assistance Indigenous Wayuu people of the Republic of Colombia and the Republic of Venezuela" is approved, signed in Caracas to three (3 ) days of May 1990 (1990), I would go to his office the record of that initiative was presented at today against General Secretariat. The subject matter of the draft law is the responsibility of the Second Standing Constitutional Commission, in accordance with the regulations and law.
The Secretary General of the honorable Senate,
EMILIO OTERO DAJUD.
PRESIDENCY OF THE REPUBLIC HONORABLE SENATE

August 23, 2004 According to the report of General Secretariat by dese divided the bill reference to the Second Constitutional Commission and a copy to be shipped the National Printing Office in order to be published in the Gazette of Congress.
Be it done.
The President of the honorable Senate,
Luis Humberto Gómez Gallo.
The Secretary General of the honorable Senate,
EMILIO OTERO DAJUD.
EXECUTIVE BRANCH PUBLIC POWER

Presidency of the Republic Bogotá, DC, June 20, 2043 Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Minister of Foreign Affairs,
(Sgd.) CAROLINA Barco Isakson. DECREES
:
ARTICLE 1o. To approve the "Agreement for Integral Development and Basic Assistance Wayúu Indigenous People of the Republic of Colombia and the Republic of Venezuela", signed in Caracas to cough three (3) days of May 1990 (1990) .
Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement for Integral Development and Basic Assistance Wayúu Indigenous People of the Republic of Colombia and the Republic of Venezuela", signed in Caracas at three (3) days of May 1990 (1990), that the first article of this law aprueb to, force the country from the date the international link is perfect therefrom.

ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
CLAUDIA BLUM Barberi.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives
GALLARDO JULIO E. ARCHBOLD.
The Secretary General of the honorable House of Representatives, ANGELINO
LIZCANO RIVERA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on November 2, 2005.

Alvaro Uribe Minister of Interior and Justice,
Sabas Pretelt de la Vega.
The Minister of Foreign Affairs, Carolina Barco Isakson
.

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