1140 OF 2007

(June 25)

Official Journal No. 46.835 of 7 December 2007

CONGRESS OF THE REPUBLIC

By means of which the Convention of Santa Cruz de la Sierra Constitutivo of the Ibero-American General Secretariat is approved, adopted in San José of Costa Rica on the twelve (12) of May of two thousand four (2004) and the Statute of the Ibero-American General Secretariat, approved in San José, Costa Rica, twenty (20) November of the year two thousand four (2004).

COLOMBIA CONGRESS

Having regard to the text of the "Cruz de la Sierra Constitutivo Convention" of the Ibero-American General Secretariat, adopted in San José de Costa Rica on 12 May of two thousand four (2004) and the Statute of the General Secretariat Iberoamericana, approved in San José, Costa Rica, twenty (20) November of the year two thousand four (2004), which to the letter says: (To be transferred: attached photocopy of the full text of the mentioned International Instrument).

ALVARO URIBE VELEZ

SANTA CRUZ DE LA SIERRA CONSTITUTIVE CONVENTION OF THE IBERO-AMERICAN GENERAL SECRETARIAT

The Member States of the Ibero-American Conference

CONSIDERING:

That the first Ibero-American Summit of Heads of State and Government held in Guadalajara in July 1991 constituted the Ibero-American Conference of Heads of State and Government with the participation of the sovereign States of America and Europe of Spanish and Portuguese language;

That the historical and cultural affinities and the richness of our plural expression unite us around the common goal of developing the ideals of the Ibero-American community based on dialogue, cooperation and solidarity;

That at the Ibero-American Summits of Heads of State and Government held in Guadalajara, Madrid and Salvador, Bahia, of a foundational nature, it is recognized that our relationship is based on democracy, respect for human rights, fundamental freedoms, and is guided by the principles of sovereignty, territorial integrity and non-intervention in the internal affairs of each State and by the right of every people to build freely in peace, stability and justice their system policy and its institutions;

That the Summit of Heads of State and Government is the maximum instance of the Ibero-American Conference that is based on the agreements reached during the Meetings of Foreign Ministers, National Coordinators, and Responsible of cooperation, as well as in the sectoral ministerial meetings of the Ibero-American sphere;

That the Convention for Cooperation within the framework of the Ibero-American Conference signed in San Carlos de Bariloche, on 15 October 1995, established an institutional framework governing the relations of cooperation between its members, with the The purpose of boosting economic and social progress, encouraging citizen participation, strengthening dialogue and serving as an expression of solidarity between the peoples and the Ibero-American governments;

That with the Bariloche Convention a large number of cooperation programs were promoted, as well as the formation of networks of collaboration between institutions of the Ibero-American States;

That the Ibero-American Heads of State and Government agreed to create at the 8th Ibero-American Summit of Oporto the Secretariat of Ibero-American Cooperation;

The Protocol to the Convention for Cooperation in the Framework of the Ibero-American Conference for the Constitution of the Secretariat for Ibero-American Cooperation (SECIB) was adopted at the 9th Ibero-American Summit held in Havana City. which expresses the will of the Heads of State and Government to strengthen the institutional framework created by the Bariloche Convention;

At the 12th Ibero-American Summit held in Bavaro, it was agreed to elaborate a study on concrete measures and initiatives to raise the level of institutionalization of the Ibero-American Conference, to improve the mechanisms and procedures of cooperation, as well as ensuring greater internal cohesion and international projection;

That it is necessary to contribute to the greater articulation and adequate coordination of the work of the sectoral ministerial meetings and those carried out by the Ibero-American organizations recognized by the Ibero-American Conference;

That at the 13th Ibero-American Summit held in Santa Cruz de la Sierra, the Heads of State and Government expressed their decision to create the Ibero-American General Secretariat;

Contain the following:

Item 1o. Creation of the Ibero-American General Secretariat.

The Ibero-American General Secretariat (SEGIB), an international body with its own legal personality and capacity to conclude the necessary acts and contracts for the fulfilment of its objectives, is hereby established in accordance with the principles and objectives of the Ibero-American Conference.

The General Secretariat will be based in Madrid.

Article 2o. Objectives of the Ibero-American General Secretariat.

The Ibero-American General Secretariat, as an organ of support of the Ibero-American Conference, has the following objectives:

a) Contribute to the strengthening of the Ibero-American Community and ensure an international projection;

b) To assist the organization of the preparatory process for the Summits and all Ibero-American meetings;

c) Strengthen the work developed in cooperation within the framework of the Ibero-American Conference, promoting cooperation, in accordance with the Bariloche Convention;

d) Promote the historical, cultural, social and economic links between the Ibero-American countries, recognizing and valuing the diversity of their peoples.

Article 3o. Functions.

The Ibero-American General Secretariat will have the functions set out in its statutory regulations, which will be approved by the Heads of State and Government, in order to provide institutional support, in close coordination with the Protempore Secretariat, to the Summit of Heads of State and Government and other instances of the Ibero-American Conference.

Article 4o. The Secretary General.

The Ibero-American General Secretariat will have a Secretary General appointed by consensus by the Heads of State and Government at the proposal of the Plenary Meeting of Foreign Ministers.

Your term of office will last for four years, and can be renewed once. The Secretary-General may not be succeeded by a person of the same nationality.

The functions, powers and selection procedure of the Secretary General will be defined in the statutory regulations of the Ibero-American General Secretariat.

Article 5o. The Assistant Secretary and the Secretary for Ibero-American Cooperation.

The Ibero-American General Secretariat will have an Assistant Secretary and a Secretary for Ibero-American Cooperation, appointed by the Plenary Meeting of Foreign Ministers. Their terms of office shall be four years and may be renewed for one time and their functions, powers and selection procedure shall be defined in the statutory regulations of the General Secretariat.

The selection of the General Secretariat staff will ensure equitable geographical representation, language balance, as well as gender mainstreaming.

The Secretary General, the Assistant Secretary and the Secretary for Ibero-American Cooperation should be nationals of different countries.

Article 6o. Independence in the discharge of duties.

In the performance of his duties, the Secretary General, the Assistant Secretary, the Secretary for Ibero-American Cooperation, as well as the rest of the Secretariat's staff, will not request or receive instructions from any government or no authority outside the Ibero-American Conference, and shall refrain from acting in any way incompatible with their status as international officials responsible solely to the Conference.

Article 7o. Financing.

The General Secretariat will be financed through the contributions of the Member States, according to the scale of quotas that will be agreed by the Plenary Meeting of Foreign Ministers based on the recommendations made by the National coordinators and the Ibero-American Cooperation Officers.

The Ibero-American General Secretariat shall be governed by the financial and budgetary provisions laid down in its statutory regulations.

Article 8o. Privileges and immunities.

The General Secretariat and its staff shall enjoy the privileges and immunities recognized in the Headquarters Agreement between the General Secretariat and the Host State, in addition to those internationally recognized to the officials of the Organizations. International necessary for the exercise of their functions, in accordance with the legal systems of the member countries of the Ibero-American Conference.

Article 9o. Official and Labour languages.

The official and working languages of the General Secretariat will be Spanish and Portuguese.

Article 10. Signature, Ratification and Entry into Vigor.

This Convention shall be open to the signature of all the Member States of the Ibero-American Conference at the headquarters of the Ministry of Foreign Affairs and Cult of the Republic of Bolivia.

This Convention shall be ratified in accordance with the internal rules of each State Party and shall enter into force on the 30th day from the date on which the seventh instrument of ratification has been deposited.

For the State ratifying the Convention after the seventh instrument of ratification has been deposited, the Convention shall enter into force on the 30th day from the date on which the State has deposited its instrument of ratification.

Article 11. Amendments.

This Convention may be amended on a proposal from any State Party. The amendment proposals shall be communicated to the Secretary-General who shall notify the other Parties for inclusion, by the ProTempore Secretariat, on the agenda of the next Summit.

Once approved by consensus of the Heads of State and Government, the amendments shall enter into force, for all States Parties in accordance with the procedure laid down in Article 10.

Article 12. Duration and Reporting.

This Convention shall have an indefinite duration and may be denounced by either Party by written notification to the Depositary.

The complaint shall take effect, in relation to ongoing programmes and projects, after the expiry of the one-year period from the date on which the notification has been received by the Depositary.

The notice of denunciation shall not exempt from the obligation to pay the outstanding fees.

Article 13. Interpretation.

The differences in interpretation of this Convention will be examined by the National Coordinators and, where appropriate, the Foreign Ministers for the resolution by consensus of the Heads of State and Government.

Article 14. Depositary.

This Convention, whose Spanish and Portuguese texts are equally authentic, and its instruments of ratification shall be deposited in the Archives of the Ministry of Foreign Affairs and Cult of the Republic of Bolivia.

Transitional Provisions

First. The Statute of the Ibero-American General Secretariat, previously negotiated by the National Coordinators, will be elevated by the Foreign Ministers to the approval by consensus of the Heads of State and Government at the 14th Summit. Iberoamericana.

Second. The Secretariat for Ibero-American Cooperation (SECIB) will continue to perform its functions until the entry into force of this Convention, when its powers are assumed by the Ibero-American General Secretariat, in accordance with the Convention for Cooperation in the framework of the Ibero-American Conference and the Protocol to the Convention for Cooperation within the framework of the Ibero-American Conference for the Constitution of the SECIB.

To all legal effects, the Ibero-American General Secretariat succeeds the Secretariat of Ibero-American Cooperation (SECIB) in its rights and obligations.

The entry into force of this Convention shall not affect the continuity of cooperation programmes which are in implementation between the States Parties to the Protocol to the Convention for Cooperation within the framework of the Ibero-American Conference for the establishment of the Secretariat for Ibero-American Cooperation.

REPUBLIC OF BOLIVIA

MINISTRY OF FOREIGN RELATIONS AND WORSHIP VREC-DCC-O40/04/9478.

THE MINISTRY OF FOREIGN RELATIONS AND WORSHIP DIRECTION OF COORDINATION OF SUMMITS

Carefully greet the honorable Embassy of the Republic of Colombia, and for the purposes that correspond to the satisfaction of sending attached to the present, legalized copies of the Convention of Santa Cruz de la Sierra Constitutivo of the General Secretariat Iberoamericana, in its two versions (Spanish and Portuguese).

THE MINISTRY OF FOREIGN RELATIONS AND WORSHIP DIRECTION OF COORDINATION OF SUMMITS

Makes the opportunity to express to the honorable Embassy of the Republic of Colombia, the assurances of its highest and distinguished consideration.

La Paz, August 17, 2004.

18 August 2004.

To the honorable, Embassy of the Republic of Colombia.

Present.

Secretariat Statute

Ibero-American General

Having regard to the provisions contained in the Santa Cruz de la Sierra Constitutive Convention of the Ibero-American General Secretariat (SEGIB) and the Bariloche Convention, the Member States of the Ibero-American Conference agree the following Statute for which the Ibero-American General Secretariat will be governed.

Item 1o. Nature

The Ibero-American General Secretariat (SEGIB) is the permanent organ of institutional, technical and administrative support to the Ibero-American Conference.

Article 2o. Functions

SEGIB will perform its functions in accordance with the decisions of the Ibero-American Summits. In close coordination with the Pro-Tempore Secretariat, it will provide institutional support to the Summits and other instances of the Ibero-American Conference.

It will be the responsibility of SEGIB: a) To execute the mandates it receives from the Summits and Meetings of Ministers of Foreign Affairs, to carry out the follow-up when appropriate, and to keep informed on its compliance to the different instances of the Ibero-American Conference;

b) Support the Pro-Tempore Secretariat in the preparation of the Ibero-American Summits;

c) Collaborate with the Pro-Tempore Secretariat, and the host country where appropriate, in the preparation, coordination and monitoring of sectoral ministerial meetings;

d) To play in coordination with the Secretariat Pro-Temporal the functions of the Relatory in the Ibero-American Summits of Heads of State and Government, of the Meetings of Ministers of Foreign Affairs and Sectoral Ministerial Meetings;

e) Strengthen, in accordance with the Bariloche Convention, the work on cooperation within the framework of the Ibero-American Conference and suggest alternatives for its improvement;

f) Present proposals for programs, projects and initiatives for cooperation to the meeting of the Ibero-American Cooperation Officers for approval in accordance with the Bariloche Convention;

g) Collaborate with the Member States, in the design and management of Ibero-American cooperation programs, projects and initiatives, as well as to monitor and evaluate them;

h) Provide technical and administrative support to the Ibero-American Conference and, in particular, preserve its institutional memory;

i) Ensure the coordination of the various instances of the Ibero-American Conference with the other Ibero-American organizations recognized by the Conference;

j) Present the draft budget and the annual work programme (budget-programme) for approval by the Foreign Ministers ' Meeting, with the previous recommendations of the National Coordinators and Responsible for Ibero-American Cooperation;

(k) Working in close coordination with the National Coordinators and the Cooperation Officers, to whom it will report regularly on the implementation of the Secretariat's budget and submit the corresponding For approval by the Foreign Ministers ' Meeting;

l) Contribute to the international projection of the Ibero-American Community in the framework of the instructions and mandates received from the Heads of State and Government;

m) Incentives and support, in the context of the work programme, the activities of associations of Ibero-American character in the professional, academic and institutional fields; and

n) Submit proposals through the competent authorities of the Ibero-American Conference with a view to meeting the objectives set out in the Santa Cruz de la Sierra Constitutive Convention of the General Secretariat.

Article 3o. Structure

The General Secretariat shall be composed of a Secretary General, an Assistant Secretary and a Secretary for Ibero-American Cooperation.

The Secretary General holds the highest position in the administrative structure of SEGIB and is responsible for the operation of the Ibero-American General Secretariat.

The Secretary General will have as his principal collaborators the Assistant Secretary and the Secretary for Ibero-American Cooperation.

The Secretary-General will present to the National Coordinators and Responsible for Cooperation, and submit to the approval of the Meeting of Foreign Ministers, a proposal of an organization chart with an indication of the professional profiles required. Any proposed changes to the approved establishment plan shall be submitted to the Foreign Ministers, with the proposal of the budget-programme referred to in Article 2 (j

.

Article 4o. From the Secretary-General

Secretary General will be appointed by consensus by the heads of state and government, on the proposal of the Foreign Ministers ' Meeting, for a four-year term. The mandate may be renewed for an additional single period.

The Secretary-General must be a national of one of the Ibero-American countries and have held senior duties in one of the Conference's member countries or an international organization.

The Secretary-General shall cease his duties at the end of his term of office, or by resignation or separation from the position agreed upon by the Heads of State or Government.

The Secretary-General may not be succeeded by a person of the same nationality.

Article 5o. Responsibilities of the Secretary-General

Correspond to the Secretary General the following attributions: a) Be Secretary of the Summits;

b) Participate in the Meetings of Ministers of Foreign Affairs, in the sectoral meetings of Ministers and in the National Coordinators, with a voice but without a vote;

c) Propose to the Foreign Ministers meeting an annual schedule of Conference meetings, including those of a sectoral nature;

d) Exercise the legal representation of the Secretariat;

e) Acting before international bodies in accordance with the specific instructions and mandates received from the Summits or the Meetings of Foreign Ministers;

(f) Orientar, assisted by the Secretary for Ibero-American Cooperation, the planning, organization, direction and coordination of the activities of the General Secretariat for Ibero-American Cooperation;

g) Transmitting to the Secretariat Pro-Timing the communications received from third States or Organizations that require decision or knowledge of the Conference;

(h) Identify and suggest to the Foreign Ministers ' Meeting for approval, with the recommendation of the National Coordinators and, where appropriate, of the Cooperation Officers, possible additional sources of funding for SEGIB and Summit programmes and projects;

i) Exercise custody of documents and files held by SEGIB;

j) Exercise the guard and custody of SEGIB heritage;

k) Submit to the Foreign Ministers ' Meeting for approval the proposals for internal regulations of the SEGIB and the proposals for its updating, with the previous recommendations of the National Coordinators and the Responsible for Ibero-American Cooperation when appropriate; and any other that are entrusted to it by the Ibero-American Summit of Heads of State and Government.

Article 6o. From the Assistant Secretary and the Secretary for Cooperation.

1. The Assistant Secretary and the Secretary for Ibero-American Cooperation will be appointed by the Foreign Ministers ' Meeting for a term of 4 years, renewable for an additional period of time.

The Secretary General, the Assistant Secretary and the Secretary for Cooperation shall be nationals of different Ibero-American countries.

2. The following functions are assigned to the Assistant Secretary: (a) Coassist with the Secretary General to the technical, administrative and institutional support to the Summits, Meetings of Ministers of Foreign Affairs and other instances of the Conference;

b) Attend the Secretary-General in the tasks of senior administration of the Secretariat;

c) Replace ad interim to the Secretary-General in the cases of absence or temporary impairment of the holder of the Secretariat; and

d) Other than assigned by the Secretary General.

In case the position of Secretary General becomes vacant, the Assistant Secretary shall be responsible for the Secretariat until the appointment of a new holder by the Ibero-American Summit.

3. The following functions are the responsibility of the Secretary for Ibero-American Cooperation:

a) Attend the Secretary-General in the planning, organization, direction and coordination of SEGIB cooperation activities;

b) Support the Conference's member countries in the presentation of initiatives and in the implementation of Ibero-American cooperation programs and projects, fostering their articulation and complementarity;

c) Track the initiatives and evaluation of the Summit and Project Programs attached to the Ibero-American Conference and report it at the meeting of the Responsible for Cooperation;

(d) Ensure coordination in the field of cooperation with the authorities established in the Ibero-American framework and any other Institution or Body with which it is required to engage in compliance with its tasks;

e) Promoting the promotion and public dissemination of Ibero-American Cooperation; and

f) Other than assigned to you by the Secretary-General.

Article 7o. Staff

SEGIB staff will be appointed by the Secretary-General, in accordance with the Staff Regulations to be approved by the Foreign Ministers ' Meeting.

All SEGIB personnel must be a national of Ibero-American country, be selected according to their capacity, suitability and professional profile, guaranteeing in addition in their selection the equitable geographical representation and the balance of language, as well as the gender perspective.

SEGIB staff will be linked to the Secretariat by a contractual relationship.

Meetings of National Coordinators and Ibero-American Cooperation Officers may recommend to the Secretary-General, by fixed and fixed term, the membership of officials or experts presented by a member country of the Conference to contribute to the execution of a specific activity, project or program.

As long as they remain bound to the Secretariat, SEGIB staff members and officials or experts assigned to it shall not request or receive instructions from governments or other persons to the Secretariat, and shall refrain from acting incompatible with the condition of those who provide their services to an international body.

Article 8o. Quote

SEGIB's annual budget-programme, in accordance with the Financial Regulation to be approved by the Foreign Ministers ' Meeting, shall identify the projected revenue and expenditure for the programmes, projects and activities of work planned for the year following that of their submission.

The programme budget will be financed through the contributions of the Member States, according to the scale of quotas established in accordance with the criteria agreed by the Foreign Ministers ' Meeting on the basis of the recommendations made by the National Coordinators and Ibero-American Cooperation Officers.

Article 9o. Headquarters Agreement

According to the first article of the Convention, the SEGIB headquarters will be in Madrid, Spain.

SEGIB shall agree with the host State on the reception conditions, which shall include all the facilities necessary for the performance of its functions, in particular the recognition of privileges and immunities.

The Secretary-General shall submit the draft of the Headquarters Agreement to the approval of the Meeting of Foreign Ministers.

Article 10. Languages

The official and working languages of the General Secretariat will be Spanish and Portuguese.

Article 11. Entry into effect

In compliance with the Santa Cruz de la Sierra Constitutivo Convention of SEGIB, this Statute will be approved at the 14th Summit of San José in Costa Rica.

This Statute shall enter into force on the date of the Convention of Santa Cruz de la Sierra Constitutivo de la SEGIB, without prejudice to the internal procedures of each Member State.

Article 12. Amendments.

Any amendment to this Statute must be approved by the Ibero-American Summit, based on the recommendations proposed by the Foreign Ministers ' Meeting.

TRANSIENT PROVISIONS

1. To all legal effects, the Ibero-American General Secretariat (SEGIB) succeeds the Secretariat of Ibero-American Cooperation (SECIB) in its rights and obligations. The SECIB will continue to perform its functions until the entry into force of the Santa Cruz de la Sierra Constitutive Convention of the Ibero-American General Secretariat. As long as the first annual budget of SEGIB is not approved, the Secretary-General shall have the headquarters and the human and material resources of the SECIB.

2. From the time of his appointment, the Secretary-General may carry out the activities necessary for the implementation of the Secretariat.

3. The Secretary-General shall communicate by diplomatic means to the Ibero-American Ministers of Foreign Affairs the appointment of the management staff of the General Secretariat, and submit for approval its first provisions on budget.

Approved in San Jose, Costa Rica, on the twentieth day of November of the year two thousand four.

SEEN IN THE MINISTRY OF FOREIGN RELATIONS AND WORSHIP

La Paz February 18, 2005.

Signature

DRA. RUZENA VILLARROEL MONTANO.

Chief Legalization Department.

Ministry of Foreign Affairs and Cult.

There is seal

MINISTRY OF FOREIGN RELATIONS AND WORSHIP, DIRECTION OF LEGALIZATIONS

CERTIFIES that the signature of: ..., bears similarity to those that you are pursuing in our registry.

La Paz ...

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., May 4, 2005

Approved. Submit to the Consideration of the honorable National Congress for Constitutional Effects.

(Fdo.), ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.), Carolina Barco Isakson.

DECRETA:

Article 1o. Please approve the "Santa Cruz de la Sierra Constitutivo de la Sierra Constitutivo de la Secretaría General Iberoamericana", adopted in San José de Costa Rica on the twelve (12) May of two thousand four (2004) and the " Statute of the Ibero-American General Secretariat ", approved in San José, Costa Rica, twenty (20) November of the year two thousand four (2004).

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention of Santa Cruz de la Sierra Constitutivo de la Secretaría General Iberoamericana", adopted in San José de Costa Rica, the twelve (12) May two thousand four (2004) and the "Statute of the Ibero-American General Secretariat", approved in San José, Costa Rica, on twenty (20) November of the year two thousand four (2004), which by article 1 of this law is approved, will force the country from the date on which the international link with respect to them is perfected.

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

The President of the honorable Senate of the Republic,

DILIAN FRANCSCA 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 LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada in Bogotá, D. C., at 25 June 2007.

ALVARO URIBE VELEZ

The Foreign Minister,

FERNANDO ARAUJO PERDOMO.