992 OF 2005

(November 2)

Official Journal No. 46.081 of 03 November 2005

CONGRESS OF THE REPUBLIC

By means of which the "Agreement for the Integral Development and Basic Assistance of the Wayuu Indigenous Populations of the Republic of Colombia and the Republic of Venezuela" is approved, signed in Caracas at three (3) days of the month May of a thousand nine hundred and ninety (1990)

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the Agreement for the Integral Development and Basic Assistance of the Wayuu Indigenous Populations of the Republic of Colombia and the Republic of Venezuela, signed in Caracas at three (3) days of the month of May of a thousand nine hundred and ninety (1990), which to the letter says:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

BILL NUMBER 87 OF 2004

by means of which the "Agreement for the Integral Development and Basic Assistance of the Indigenous Peoples Wayuu of the Republic of Colombia and the Republic of Venezuela" is approved, in Caracas at three (3) days of the month of May thousand nine hundred and ninety (1990)

The Congress of the Republic

Having regard to the text of the Agreement for Integral Development and Basic Assistance of the Wayuu Indigenous Populations of the Republic of Colombia and the Republic of Venezuela, signed in Caracas at three (3) days of May of a thousand nine hundred and ninety (1990), which to the letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned).

AGREEMENT FOR THE COMPREHENSIVE DEVELOPMENT AND BASIC ASSISTANCE OF THE WAYUU INDIGENOUS POPULATIONS 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. Recital, the Declaration of Urena, signed by the Presidents of both States, on March 28, 1989 at the General Francisco de Paula Santander International Bridge;

Whereas the conclusions of the meeting of the Binational Commission on Border Integration Colombo-Venezolan; held in Maracaibo on 25 and 26 August 1989 and ratified at the meeting held in Cucuta on 29 and 30 June 1989. September 1989;

Recital, the declaration signed by the Presidents of Colombia Virgilio Barco and of Venezuela Carlos Andrés Pérez, at the General Francisco de Paula Santander International Bridge on October 5, 1989.

Have agreed to the following:

Article 1

L as Parties undertake to collaborate in the joint development of plans, programs and projects aimed at improving the living conditions of their respective Wayuu indigenous populations located in the areas adjacent to the border of the Republic of Venezuela and the Republic of Colombia to the needs of these populations.

Article 2

It will be organs of execution of this Agreement, by the Republic of Venezuela, the Development Corporation of the Zuliana Region, Corpozulia, and by the Republic of Colombia the Regional Autonomous Corporation of La Guajira, Corpoguajira.

Article 3

The parties will coordinate the necessary works and actions between the competent entities of each of them in order to make possible the elaboration and execution of binational projects for the development of the Wayuu indigenous communities of each of the Parties.

Article 4

For the achievement of the overall objectives of the Agreement, the Parties shall develop the following actions:

1. Conduct a simultaneous census of their respective indigenous Wayuu nationals, domiciled in areas adjacent to each country's borders.

2. Develop a study to determine the establishment of a means of identification that allows indigenous nationals of each Contracting Party to free transit through the borders of both States.

3. Develop a study that will lead to the strengthening of bilingual intercultural education. This study will mainly cover aspects such as teacher training, ethnocultural research, the provision of scholarships for technical and higher education, levelling up for university entrance, and the provision of schools. to Wayuu indigenous students from both Parties.

4. Jointly develop a plan for the use of the water resources of La Guajira, in order to seek solutions to the problem of water supply to the Wayuu indigenous population of both Parties contemplating different alternatives such as jagueyes, windmills, deep and/or shallow wells, well-anelled wells, etc.

5. Study the possibility of establishing a binational station for research and exploitation of arid and semi-arid zones in order to determine the goods and services that these ecosystems can contribute to the development of the communities rural areas, and for the practice of certain activities such as capriculture, cuniculture, agriculture, beekeeping, fish farming and fisheries.

6. To entrust to Corpozulia and Corpoguajira the elaboration, in coordination and with the advice of the entities of the branch in each Party, of a study to establish the common use of the hospital services and of centers and health places, in the zone The border is inhabited by the Wayuu indigenous population of each Contracting Party, jointly carry out sanitary and epidemiological control campaigns in that area, as well as to promote that the students of the last year of medicine of both countries, carry out their internship and rural year in the common area of the Colombo-Venezuelan border.

7. To promote research on the problems of the Wayuu indigenous population of both Parties, in the higher education centers, that will allow students to apply them in concrete projects that improve the living standards of the inhabitants of the region. area adjacent to the borders of both States.

8. Study together the possibility of establishing a special scheme for the products that make up the basic food of the family group to be released from customs duties and formalities.

Article 5

Parties may agree to include any other activities they deem necessary for the achievement of the objectives of this Agreement.

Article 6

The Parties will jointly define the financing mechanisms to cover the implementation costs of this Agreement, through Corpozulia and Corpoguajira.

Article 7

Corpozulia and Corpoguajira will draw up an Annual Operations Plan that will concretize this Agreement.

The Annual Operations Plan shall include the terms of reference of the actions provided for in this Agreement or those that are subsequently included, specifying objectives, work schedules indicating date of initiation and termination, quantity and characteristics of the programmed resources and the contribution of the Parties.

Article 8

Representatives of Corpozulia and Corpoguajira will meet regularly, at least twice a year, to prepare the Annual Operations Plan, evaluate the activities carried out and make adjustments that they consider necessary to the Plan of Operations and propose, if appropriate, amendments to this Agreement.

Article 9

Corpozulia and Corpoguajira will have the technical support of the competent entities in each country, to structure, execute and evaluate the activities that are stipulated in the plans, programs and projects to be developed.

Article 10

This Agreement shall enter into force on the date on which the Parties notify each other in writing that they have complied with the requirements of their respective internal legislation for approval. It shall be for a period of four (4) years, extendable for equal periods and may be denounced at any time by either Party by written notification to the other Party, with sixty (60) days in advance.

Signed in Caracas at three (3) days of the month of May of a thousand nine hundred and ninety, in two (2) copies in Spanish, equally authentic.

By the Republic of Colombia,

JAVIER DAZA TOVAR,

Chairman Board of Directors Regional Autonomous Corporation of La Guajira.

By the Republic of Venezuela,

EZIO RINALDI,

President Development Corporation of the Zuliana Region.

EXECUTIVE BRANCH OF PUBLIC POWER

Presidency of the Republic

Bogotá, D. C., June 20, 2003

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.),

ALVARO URIBE VELEZ

The Minister of Foreign Affairs (Fdo.),

CAROLINA BOAT ISAKSON.

DECRETA:

Article 1o. I approved the Agreement for Integral Development and Basic Assistance of the Indigenous Wayuu populations of the Republic of Colombia and the Republic of Venezuela, signed in Caracas at three (3) days of the month of May, 000. nine hundred and ninety (1990).

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Agreement for the Integral Development and Basic Assistance of Indigenous Wayuu Peoples of the Republic of Colombia and the Republic of Venezuela, signed in Caracas at three (3) days of the month of May of a thousand nine hundred and ninety (1990), which by the article first of this law is approved, will force the country from the date on which the link is perfected international regarding the same.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D.C., a los ...

Presented to the honorable Congress of the Republic by the Minister of the Interior and Justice and the Minister of Foreign Affairs.

The Minister of the Interior and Justice,

SABAS PRETELT DE LA VEGA.

The Foreign Minister,

CAROLINA BOAT ISAKSON.

EXPLANATORY STATEMENT

Honorable Senators and Representatives:

On behalf of the National Government and in compliance with articles 150 numeral 16 and 189 numeral 2 of the Political Constitution of Colombia, We present to the honorable Congress of the Republic the bill through which the Agreement for the Integral Development and Basic Assistance of the Indigenous Wayuu of the Republic of the Republic of Colombia and the Republic of Venezuela, signed in Caracas at three (3) days of May of a thousand nine hundred and ninety (1990).

Previous Considerations

indigenous Wayuu populations, which have occupied the La Guajira Peninsula, have historical reference to the fact that they have been recognized by the Spanish as "Guajiros" or "desert shepherds". The Wayuu inhabit an area that was not subject to the dominion of the crown and that today, according to the political and administrative division of the territories of the Republic of Colombia and the Republic of Venezuela, it covers the whole of the Peninsula of La Guajira, including the surrounding areas of the Sierra Nevada de Santa Marta and the Serranía de Perija in Colombia and the part of the Venezuelan territory that correspond to the Zulia State from Lake Maracaibo to the border, extension and location the geographical location of the two-state training.

The Wayuu, even with its intercultural relations, as an ethnic group preserves its particularities and customs that have characterized it in its political, social, economic and cultural activities. However, their living conditions are in such conditions that they require the real and joint action of the governments of Colombia and Venezuela to seek solutions to their basic needs and improve the quality of life.

Analysis and Importance of the Agreement

The Agreement that is presented in this opportunity to the honorable Congress of the Republic is the result of the commitments made by the Parties at the meetings of the Binational Commission of Border Integration Colombo-Venezuela, held in Maracaibo and Cucuta in August and September 1989, respectively, where the need to establish integration mechanisms for the two countries was determined.

Within such mechanisms, on May 3, 1992, was signed in Caracas, the Agreement for Integral Development and Basic Assistance of the Wayuu Indigenous Populations, in which the two governments commit themselves to collaborate in joint development. of actions, plans, programs and projects aimed at improving the living conditions of their respective populations located in the Colombian-Venezuelan border area, which includes the department of La Guajira in Colombian territory and the State of Zulia in the Venezuelan.

In order to achieve the objectives of the Agreement, Venezuela has designated as the implementing body of the Agreement, the Development Corporation of the Zuliana Region, Corpozulia, and Colombia, the Regional Autonomous Corporation of La Guajira, Corpoguajira, entities coordinate the necessary works and actions to enable the elaboration and implementation of binational projects aimed at promoting the development and the best living conditions of these indigenous populations.

Within the plans, programmes and projects identified in Article 4 of the Agreement, the following are identified:

The realization of a study that allows the establishment of a means or mechanism to facilitate free transit through the borders of both States, to their indigenous nationals;

The development of studies leading to the strengthening of bilingual intercultural education; which will include aspects related to teacher training, ethnocultural research, the provision of scholarships for access to the technical and higher education, levelling up for university entrance, and the provision of schools for the Wayuu indigenous students of the two Parties.

The joint development of a plan for the exploitation of the water resources of La Guajira, in order to seek solutions to the problem of the supply of drinking water to the indigenous Wayuu population, contemplating different alternatives such as as jagueyes, windmills, deep and/or surface wells and well-anillated wells, among other solutions.

The possibility of establishing a binational station for the research and exploitation of arid and semi-arid zones in order to determine the goods and services that these ecosystems can contribute to the development of the communities rural areas, as well as for the practice of activities such as capriculture, cuniculture, agriculture, beekeeping, fisheries and fisheries, among others.

Advance, through the implementing bodies, a study to establish the common use of hospital services and health centres and posts located in the territory of each of the Contracting Parties, as well as the joint implementation of health and epidemiological control campaigns in the area, and encourage students of the last year of medicine from both countries to carry out their internship and rural year in the common area of the Colombian-Venezuelan border.

Promote, in higher education institutions, research into the problem of the Wayuu population, which will allow its students to apply methods for their solution and improvement of the standard of living.

The joint study on the possibility of establishing a special regime for the products that make up the basic food of the family group to be released from customs duties and formalities.

The execution or implementation of the actions proposed will allow solutions to the basic needs of the indigenous border communities of the Wayuu populations that present a difficult social and economic situation due in part to its conditions of territorial occupation and fragility of its environment due to the geographical characteristics of an arid and desert area that affects its health, education and environment, and reduces the possibilities of work and income of agreement with their cultural patterns.

For Colombia, the actions referred to in this international instrument aim to comply with the provisions of Article 7o of the Political 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 Law 191 of 1995, by means of which provisions on border areas and Law 21 of 1991 approving of the Convention 169 on Indigenous and Tribal Peoples in Independent Countries " of the International Labour Organization, ILO, in particular, provided in your article 7o notes: " The improvement of living and working conditions and the level of health and education of the peoples concerned, with their participation and cooperation, must be a priority in the plans for the overall economic development of the regions where inhabit. Special development projects for these regions should also be developed in such a way as to promote such improvement "

.

on the other hand, it can be said that the achievement of the objectives of the Agreement is in harmony with the regulations that, for the sectors of health, education, environment, infrastructure, demography, and food, require consultation with the Indigenous communities and their organizations, in search of the improvement of their quality of life, the maintenance of their culture and internal strengthening, based on their family and kinship relationships.

For the reasons stated, the National Government, through the Minister of the Interior and Justice and the Minister of Foreign Affairs, requests the honorable Congress of the Republic to approve the Agreement on Development Integral and Basic Assistance of the Wayuu Indigenous Populations of the Republic of Colombia and the Republic of Venezuela, signed in Caracas at three (3) days of the month of May of a thousand nine hundred and ninety (1990).

Of the honorable Congressmen,

The Minister of the Interior and Justice,

SABAS PRETELT DE LA VEGA.

The Foreign Minister,

CAROLINA BOAT ISAKSON.

ACT 424 OF 1998

(January 13)

by which the follow-up to the international conventions
signed by Colombia is ordered.

The Congress of Colombia

DECRETA:

Article 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty days of the legislative period, which begins every 20 years. July, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.

Article 2o. Each dependency of the National Government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the Ministry of Foreign Affairs. Se-gundas.

Article 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.

Article 4o. This law governs from its enactment.

The President of the honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D. C., on January 13, 1998.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

REPUBLIC OF THE REPUBLIC

GENERAL SECRETARY

Processing of Laws

Bogotá, D. C., August 23, 2004

Mr. President:

In order to proceed with the distribution of Bill 87 of 2004 Senate, by means of which the " Agreement for the Integral Development and Basic Assistance of the Indigenous Wayuu of the Republic of the Republic of Colombia and the Republic of Venezuela ", signed in Caracas at three (3) days of the month of May of a thousand nine hundred and ninety (1990), allow me to pass to your office the file of the mentioned initiative that was presented today before General Secretariat. The subject matter of the aforementioned draft law, is the competence of the Second Permanent Constitutional Commission, in accordance with the provisions of law and regulations.

The Secretary General of the honorable Senate of the Republic,

EMILIO OTERO DAJUD.

PRESIDENCY OF THE HONORABLE
OF THE REPUBLIC

August 23, 2004

In accordance with the report of the General Secretariat, please give the draft of the reference to the Second Constitutional Commission by party and send a copy of it to the National Press in order to be published in the Congress-Gazette.

Meet.

The President of the honorable Senate of the Republic,

LUIS HUMBERTO GOMEZ GALLO.

The Secretary General of the honorable Senate of the Republic,

EMILIO OTERO DAJUD.

EXECUTIVE BRANCH OF PUBLIC POWER

Presidency of the Republic

Bogotá, D. C., June 20, 2043

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) CAROLINA BOAT ISAKSON.

DECRETA:

ARTICLE 1o. Approve the "Agreement for the Integral Development and Basic Assistance of the Wayuu Indigenous Populations of the Republic of Colombia and the Republic of Venezuela", signed in Caracas at three (3) days of the month of May a thousand nine hundred and ninety (1990).

ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement for the Integral Development and Basic Assistance of the Wayuu Indigenous People of the Republic of Colombia and the Republic of Venezuela ", signed in Caracas at three (3) days of the month of May of a thousand nine hundred and ninety (1990), which by the article first of this law will be learned to, will force the country from the date on which it is perfect the international link with respect to the same.

ARTICLE 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

BARBERI ' S CLAUDIA BLUM.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

JULY E. GALLARDO ARCHBOLD.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., 2 November 2005.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

SABAS PRETELT DE LA VEGA.

The Foreign Minister,

CAROLINA BOAT ISAKSON.