Key Benefits:
1131 OF 2007
(February 15)
Official Journal No. 46.543 of 15 February 2007
CONGRESS OF THE REPUBLIC
By means of which the "Agreement between Ecuador and Colombia on Artisanal Fishing", signed in the city of Popayán, is approved, at thirteen (13) days of the month of May of one thousand nine hundred and ninety-four (1994).
The Congress of Colombia
Having regard to the text of the "Agreement between Ecuador and Colombia on Artisanal Fishing", signed in the city of Popayán, at thirteen (13) days of the month of May of a thousand nine hundred and ninety-four (1994), which to the letter reads:
(To be transferred: photocopy of the full text of the International Instrument mentioned).
AGREEMENT BETWEEN ECUADOR AND COLOMBIA ON ARTISANAL FISHING
The Government of the Republic of Ecuador and the Government of the Republic of Colombia,
CONSIDERING:
1. That it is necessary to jointly develop the activity of the maritime, river and craft aquaculture, especially in the Border Integration Zone.
2. That the orderly and sustainable use of resources requires comprehensive management between the Parties.
3. That it is essential to harmonise the rules of administration on the subject.
4. That mechanisms for communication, coordination, consultation and control should be established between the competent national authorities.
5. That available information and technologies developed in artisanal fishing should be shared, as well as joint efforts to advance joint research.
6. That the socioeconomic and nutritional conditions of the region's artisanal fishing communities should be enhanced by planning and implementing binational projects, and
7. That fishery resources and ecosystem of influences should be handled in a technical and rational manner.
AGREE:
Article 1o. Carry out an assessment and draw up an inventory of fisheries resources in the maritime and river waters of the Border Integration Zone.
Article 2o. Adopt binational regulations, on the basis of scientific research and the evaluation of fishery resources, to rationalize artisanal fishing and to ensure the sustainability of these resources and the ecosystems of influence.
Article 3o. Develop binational comprehensive management programs, which will be implemented by the competent national authorities.
Article 4o. Design binational aquaculture programmes, with the participation of the relevant national authorities and the artisanal fishing sector.
Article 5o. To promote, on the basis of organizations of artisanal fishermen, the creation of Binational Enterprises for the capture, collection, processing and marketing of fishery resources.
Article 6o. Carry out binational census of artisanal fishermen that incorporate the necessary social, economic and technical information to enable the diagnosis and planning of assistance and cooperation programs.
Article 7o. Establish binational training centers, programs, or courses of basic and applied research on bioaquatic resources and influence ecosystems.
Article 8o. Jointly manage international technical and economic assistance for any binational plans, programs and projects that require it.
Article 9o. To establish mechanisms for information, intended for artisanal fishermen, on closed periods of common agreement.
Article 10. To agree binational actions of surveillance and control for the due respect and observance of the closed period.
Article 11. To develop programmes for the diversification of the productive activities of artisanal fishermen during the closed periods.
Article 12. For the purpose of fulfilling the advisory and coordination functions, the Parties shall constitute a Binational Technical Committee, made up of officials from the Ministries of Foreign Affairs, competent authorities in the field, Community, trade union and non-governmental organisations (NGOs).
This Binational Technical Committee will work according to your own Rules of Procedure.
Article 13. The Chair of the Technical Committee shall be exercised by the representatives of the competent national authorities, in an alternate form and for periods of one year.
Arti arse 14. Each Party shall notify the other of the payroll of the members of the Technical Committee and any changes that occur.
Article 15. The Binational Technical Committee will have the following functions:
15.1 Propose to governments projects and binational programs for the promotion of artisanal fishing.
15.2 Propose binational regulations on capture arts and methods, tending to the best management of fishery resources.
15.3 To monitor the implementation of binational programmes and the mechanisms for the protection, monitoring and control of fishing and aquaculture activities.
15.4 Recommend concurrent periods of closure for each of the common bioaquatic resources in the areas of influence and in the extent to which technical studies determine it.
15.5 Propose binational scientific research programs to governments.
15.6 Present annual reports to the Ministries of Foreign Affairs and the Neighbourhood Commission, and
15.7 The others assigned to you by the Parties.
Article 16. This Agreement shall enter into force on the last date on which the Parties communicate the fulfilment of the requirements of their internal order.
Article 17. Any Party may denounce this Agreement by written notification, which shall take effect sixty days later.
Article 18. This Agreement may be amended by mutual agreement by exchange of letters.
In faith of which they sign, in two equally authentic copies, in the city of Popayan, at 13 days of the month of May 1994.
The Minister of Foreign Affairs of Ecuador,
Diego Paredes Peña.
The Minister of Foreign Affairs of Colombia,
Noemi Sanin de Rubio.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 5, 2002
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) Guillermo Fernandez de Soto.
DECRETA:
ARTICLE 1o. Approve the "Agreement between Ecuador and Colombia on Artisanal Fishing," signed in the city of Popayán, at thirteen (13) days of the month of May of a thousand nine hundred and ninety-four (1994).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Agreement between Ecuador and Colombia on Artisanal Fishing", signed in the city of Popayán, at thirteen (13) days of the month of May of one thousand nine hundred and ninety-four (1994), as per article 1o. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
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 Foreign Affairs and the Minister of Agriculture and Rural Development.
The Foreign Minister,
Carolina Barco Isakson.
The Minister of Agriculture and Rural Development,
Andres Felipe Arias Leiva.
Honorable Senators and Representatives:
El Tiempo] On behalf of the National Government and in compliance with the provisions of Articles 150 (16), 189 (2) and 224 of the Political Constitution of the Republic of Colombia, we present to the honorable Congress of the Republic the draft law, through which the "Agreement between Ecuador and Colombia on Artisanal Fishing", signed in the city of Popayán, is approved, at thirteen (13) days of May of one thousand nine hundred and ninety-four (1994).
the Colombian Pacific Coast is 1,392 km long and is made up of a territory equivalent to 6.2% of the country's surface. The main population centers are the ports of Buenaventura, Tumaco, Guapi and Bahia Solano; the others are small settlements scattered along the coast and characterized by the absence of adequate infrastructure, in particular This area of any traditional development has been significantly reduced by road and electric power.
The above has marked the low development of this zone, despite the productive potential of the region, mainly in terms of the fishery resources, which are closely related to the work of almost all the communities.
Towards 1994, it was estimated that, between the South of the department of Choco and the North of Cauca, there were a total of 5,067 fishermen belonging to 81 communities, of which 2,150 are located in 32 communities in Valle del Cauca. In spite of the socio-cultural differences of the different communities, there are fishing gears and methods in common that allow the orientation of their activities, esp ecially towards the capture of the shrimp of someras and the white fishing, without ignoring the exercise in the extraction of jaiba, piangua and even river shrimp.
A capture of 2,645.82 tons of shrimp from someras (white, titi and tiger) waters in the Colombian Pacific Litoral is recognized for 1998, of which 73.21% is contributed by artisanal fishing, a resource mostly exported to countries such as United States and Spain. With reference to white fishing they are the main object of capture: Sierras, dorados, pargos, peladas, toyos, hake and cherns among others, for a total volume in the Colombian Pacific, of 3,220.53 tons in 1998. Of this value, a 65.98% corresponds to the activity of artisanal fishing. It is important in this item the export of shark fins, corvina buches, chernas and gilets, so that, given the importance in the generation of foreign exchange, animal protein extraction and source of employment, artisanal fishing becomes a of the main activities of the Colombian Pacific Litoral.
As one of the strategic aspects, for the development of the sub-sector, technological development has been identified and, in this sense, it is necessary to deepen more in the knowledge, implementation and prioritization of programs in the field of generation, validation, adjustment and/or technological training, in order to promote the advancement in each of the components identified within the fishing phases. Technological needs are expected to be identified not only from the technology itself, but from the requirements of the markets in terms of quantity, quality and type of presentation of the products.
Additionally, it is expected that in the productive technological development there will be, in a transversal way, the participation of other disciplines that will allow to generate technologies articulated to regional processes, that take into account the particularities cultural and economic of artisanal fishermen, in addition to being sustainable and to be competitive.
On the other hand, it is expected to share systematization and socialization activities of successful experiences, many of which will be related to research and/or training processes that may be shared with the purpose of overcoming the The Committee of the European Union is responsible for the development of the European Community's fisheries policy. The Committee on the European Parliament's Committee on Social Policy and the Committee on Social Policy and the Committee of the European challenges that create a certain capacity for participation and organization of the communities; participation that will be achieved to the extent that there is an effective capacity for partnership and mobilisation from the social base.
On the other hand, we find traditional artisanal fishing, with wooden or fiber boats, with outboard engines, use of special nets and in some cases with certain improvements in landing and handling facilities. fishery products, and small-scale subsistence fishing, which is usually carried out near the coast, with manual, rudimentary and low-investment instruments.
The difficulties, obstacles and deficiencies inherent in a working dynamic with this productive subsector have structural roots that range from the methodological elements of the developed work, to problems related to levels of development of each group and their relationship with the rest of the non-participating organization of the projects.
This involves coordinating and seeking articulation and support spaces with the scientific and technical community of Ecuador to share, exchange and experience experiences in the operation of the subsector, technological and training aspects of Artisanal fishermen, studies in species biology, breeding times, recruitment, biomass, state of exploitation, total effort (more artisanal industrial fishing), which would be the basis for improving and innovating new practices technology and implement unified management measures for sustainable use of the fishery resources that are shared, and for the establishment of control and information crossing mechanisms to safeguard the interests of each country and the region in relation to the fishery resources.
The mechanism that will allow the development of this process is the Artesanal Fisheries Convention of 1994, in which proposals can be framed for the development of the activity for the communities of artisanal fishermen, the agents involved in it and the framework of government policies in which it develops and achieve an adequate flow of information, which allows to enhance the resources available, to build knowledge for the development of the subsector and to take advantage of the technology generated for the region. This knowledge, built collectively, with the contribution of all the components, must become the main input for the decision-making for the development of the fishing communities, the exploitation and the sustainability of the Fishery resources in the two countries.
For the reasons set out above, and as a consequence of the decision taken by the honourable Constitutional Court by Judgment C-781 of 18 August 2004, in the process of constitutional revision of Law 871 of 30 December 2003, approval of the said Agreement, the National Government, through the Minister of Foreign Affairs and the Minister of Agriculture and Rural Development, again, submits to the honorable Congress of the Republic, the " Agreement between Ecuador and Colombia on Artisanal Fishing ", signed in the city of Popayán, at thirteen (13) days of the month of May of a thousand nine hundred and ninety-four (1994), and requests their approval.
Of the honorable Senators and Representatives,
The Foreign Minister,
Carolina Barco Isakson.
The Minister of Agriculture and Rural Development,
Andres Felipe Arias Leiva.
ACT 424 OF 1998
(January 13)
by which international conventions are ordered to follow
subscribed by Colombia.
The Congress of Colombia
DECRETA:
Article 1o. The National Government through the Foreign Ministry will present annually to the Foreign Relations Committees of the Senate and the House, and within the first thirty calendar days after the legislative period beginning 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. Second.
Article 3o. The full text of this law shall be incorporated as an annex to each and every International Conv. International as 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.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C.,
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) Guillermo Fernandez de Soto.
DECRETA:
ARTICLE 1o. Approve the "Agreement between Ecuador and Colombia on Artisanal Fishing," signed in the city of Popayán, at thirteen (13) days of the month of May of a thousand nine hundred and ninety-four (1994).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Agreement between Ecuador and Colombia on Artisanal Fishing", signed in the city of Popayán, at thirteen (13) days of the month of May of one thousand nine hundred and ninety-four (1994), as per article 1o. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
Dilian Francisca Toro Torres.
The Secretary General of the honorable Senate of the Republic,
Emilio Ramon Otero Dajud.
The President of the honorable House of Representatives,
Alfredo Ape Neck Baute.
The Secretary General of the honorable House of Representatives,
Angelino Lizcano Rivera.
REPUBLIC OF COLOMBIA-GOVERNMENT NATION AL
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on February 15, 2007.
ALVARO URIBE VELEZ
The Foreign Minister,
Maria Consuelo Araujo Castro.
The Minister of Agriculture and Rural Development,
Andres Felipe Arias Leyva.
