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1336 OF 2009
(July 21)
Official Journal No. 47.417 of 21 July 2009
CONGRESS OF THE REPUBLIC
By means of which Law 679 of 2001, of fighting exploitation, pornography and sexual tourism with children, girls and adolescents, is added and strengthened.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. SELF-REGULATION IN TOURIST SERVICES AND TOURIST ACCOMMODATION SERVICES. Tourist service providers and establishments providing the non-tourist accommodation service shall adopt, establish in public place and update where required, effective codes of conduct, promoting policies for prevention and avoiding the use and sexual exploitation of children and adolescents in their activity, which shall be designed in accordance with the provisions of the 2or of this Article.
A model of these codes will be developed with the participation of representative bodies of the sectors. For these purposes, the Ministry of Commerce, Industry and Tourism with regard to tourism service providers and the Superintendence of Industry and Commerce with regard to non-tourist accommodation establishments, will call on interested parties. Such codes shall be adopted within the year following the validity of this law, and shall be updated in accordance with new laws, new policies or new standards for the protection of children adopted within international bodies, government or not.
The Ministry of Commerce, Industry and Tourism and the Superintendency of Industry and Commerce will adopt administrative measures to verify compliance with both the adoption and the constant updating and compliance of the codes. For such purposes, the information deemed necessary may be requested from the addressees of this standard. The Ministry of Commerce, Industry and Tourism and the Superintendency of Industry and Commerce will exercise the functions of verification of the obligations referred to in this paragraph and of sanction because of its omission, according to the provisions of the Article 20 of Law 679 of 2001.
The district and municipal authorities will carry out periodic inspection and surveillance activities of the provisions of this article, in case of finding non-compliance will have to forward the information to the Ministry of Commerce, Industry and Tourism and the Superintendence of Industry and Commerce, as the case may be.
ARTICLE 2o. AIRLINE SELF-REGULATION. Airlines will adopt effective codes of conduct that promote prevention policies and prevent the sexual exploitation and exploitation of children and adolescents in their activities.
A model of these systems and codes will be developed with the participation of sector representative bodies. For these purposes, Civil Aeronautics will call on interested parties to formulate their proposals for codes of conduct in writing. Such codes shall be adopted within the year following the validity of this law, a copy of which shall be forwarded to the office indicating the Aeronautics and shall be updated whenever deemed necessary in accordance with new laws, new policies or new standards of child protection adopted within international, governmental or non-governmental bodies.
Aeronautics will adopt, administrative measures to verify compliance with both the adoption and the updating and constant compliance of the codes. For the latter effect, the addressees of this rule may request the information deemed necessary.
The authorities ' failure to comply with this rule generates the disciplinary consequences of rigor. Failure to comply with this standard by airlines generates the administrative penalty consequences applicable to the case of violation of the administrative instructions of the sector.
ARTICLE 3o. JURISDICTION TO REQUIRE INFORMATION. Article 10 of Law 679 of 2001 shall have a paragraph of the following wording:
" Paragraph. The Ministry of Communications shall have the power to require, within the time limit determined by the Ministry of Communications, all information deemed necessary by Internet service providers, related to the application of the href="ley_0679_2001.html#1"> 679 and others that add or modify it. In particular it may:
1. Require internet service providers to report within the period and form to be indicated to them, which control mechanisms or filters they are using for the blocking of pages with child pornography content in Internet.
2. Order internet service providers to incorporate mandatory clauses in internet portal contracts regarding the prohibition and subsequent blocking of pages with child pornography content.
Internet service providers will grant access to their networks to law enforcement and law enforcement authorities when tracking an IP number from which violations of this law occur.
The violation of these provisions will result in the application of the administrative sanctions referred to in Article 10 of Law 679 of 2001, with the criteria and formalities provided therein.
ARTICLE 4. INTERNET CAFE SELF-REGULATION. Any establishment open to the public which provides Internet or Internet coffee services should place in a visible place a regulation of adequate public use of the Internet, the violation of which will lead to the suspension of the Internet. service to the user or visitor.
This regulation, which will be updated when required, will include a system of self-regulation and effective codes of conduct that promote policies for the prevention of sexual exploitation of children and adolescents, and to protect the minors of all forms of access, consultation, viewing or display of pornography.
A model of these systems and codes will be developed with the participation of sector representative bodies. For these purposes, the Ministry of Communications shall call on interested parties to make written their proposals for self-regulation and codes of conduct. Such codes shall be adopted within the year following the validity of this law, a copy of which shall be forwarded to the office indicated by the Ministry of Communications, its own structure or by delegation to the municipalities and districts, and be updated every time the Ministry of Communications deems it necessary in the light of new laws, new policies or new standards of child protection adopted within international, governmental or non-governmental bodies.
The district and municipal authorities will carry out periodic inspection and surveillance activities of the provisions of this article and will sanction their non-compliance in accordance with the procedures contained in the National Police Code and the departmental and district police codes that apply.
Failure to comply with the duties referred to in this rule will result in the same penalties applicable to the case of sale of liquor to minors.
ARTICLE 5o. ADHERENCE TO CODES OF CONDUCT BY TOURISM SERVICE PROVIDERS. The Ministry of Commerce, Industry and Tourism will require tourism service providers for the purposes of their registration in the National Register of Tourism their adherence to the code of conduct referred to in article 1or this law. It shall also require the providers of tourist services already registered to ensure that, within the time limits and conditions laid down for the first update of the register, which is carried out after the preparation of the codes of conduct of the which treats the article 1or, adhere to them. In the same way, each time the codes of conduct are modified according to the provisions of the article 1or, requesting their adhesion either in the registration of the new providers or in the the following update of the National Register of Tourism to already registered providers. Non-adherence to codes of conduct by providers shall prevent the Ministry from making the corresponding registration or update.
ARTICLE 6o. AWARENESS STRATEGIES. The Ministry of Commerce, Industry and Tourism will advance awareness and information strategies on the phenomenon of sexual tourism with children, girls and adolescents, and will ask for the effect of the competition. only from tourism service providers, but also from the commercial sectors associated with tourism. The ICBF will be integrated into the activities referred to in this article, in order to ensure the articulation of such strategies with the National Plan for the Eradication of the Commercial Sexual Exploitation of Children, Girls and Adolescents.
ARTICLE 7o. PROMOTION OF THE STRATEGIES. The providers of tourist services, airlines and intermunicipal transport service companies, will lend their contest in order to contribute to the dissemination of strategies for the prevention of sexual exploitation of children and adolescents in activities linked to tourism, using the programmes to promote their tourism plans and the means of communication at their disposal, when required for the purpose by the Ministry of Commerce, Industry and Tourism or the Colombian Family Welfare Institute.
ARTICLE 8o. PERSUASIVE NOTICE. Without exception, any establishment where written, photographic or audiovisual material is sold or rented shall be required to set in place a notice of annual validity which shall bear a preventive legend concerning the existence of legislation to prevent and combat the use of children and adolescents in pornography. The ICBF will set the features of the warning, and determine the content of the legend. It shall be the responsibility of the establishments mentioned above, to prepare the notice according to the standardized conditions determined by the ICBF. The Police authorities will close until for a term of 7 days any establishment that shelters this measure and does not have the poster located, until it complies with the location of the notice.
EXTINCTION OF DOMAIN AND OTHER CONTROL MEASURES IN CASES OF SEXUAL EXPLOITATION OF CHILDREN AND ADOLESCENTS.
ARTICLE 9o. RULES ON DOMAIN EXTINCTION. Law 793 of December 27, 2002, which repeals Law 333 of 1996 and sets out the rules governing the extinction of the domain, and rules which modify it, shall apply to hotels, pensions, hostels, residences, apartahoteles and other establishments providing the lodging service, where such buildings have been used for the commission of activities of sexual use of children, girls and adolescents.
The assets, yields and fruits that generate the real estate in which this standard is treated, and whose extinction of dominion has been decreed according to the laws, must be used for the financing of the Fund against the Sexual Exploitation of Minors. The revenue generated by the provisional destination of such goods shall be used in the same way.
ARTICLE 10. The Attorney General of the Nation, without prejudice to his constitutional autonomy, will exercise preventive care against the authorities at all territorial levels in charge of the construction, adaptation and implementation of national protocols and guidelines for the care of victims of commercial sexual exploitation of girls, children and adolescents, in accordance with their characteristics and level of violation of their rights.
ARTICLE 11. CONTROL OF THE RESULTS OF THE PROSECUTION. In the exercise of the external control of the results of the administration of the Office of the Prosecutor General of the Nation in charge of the Superior Council of the Judicature, the actions executed in the Prosecutor's Office will be examined, in the the context of the new criminal criminal system, related to the judicial representation of victims of minors within criminal proceedings related to victims of crimes against freedom, integrity and sexual formation, and the sanction criminal offences relating to the use or sexual exploitation of children, girls and boys adolescents.
NORMAS ABOUT INFORMATION.
ARTICLE 12. REPORT TO PASSENGERS. By means of aeronautical regulations or conducting administrative resolutions, the Civil Aeronautics will adopt concrete and permanent provisions that will ensure that all national and foreign airlines inform their passengers, that In Colombia there are legal provisions that prevent and punish sexual tourism with children and adolescents.
Failure to comply with this duty by airlines and airlines will result in administrative penalties arising from non-compliance with aeronautical regulations.
The Ministry of Transportation will dictate the administrative resolutions of the case, with the same end for the control and sanction for non-compliance with this duty by the international and domestic passenger transport companies.
ARTICLE 13. STATISTICAL REPORTING STANDARDS. Article 36 of Law 679 of 2001 will thus remain:
ARTICLE 36. STATISTICAL RESEARCH. In order to produce and disseminate statistical information on the sexual exploitation of children and adolescents, as well as to unify variables, DANE will explore and test methodologies technically viable statistics, will process and consolidate information through a single format that must be carried out by governmental and non-governmental organizations, and at least every two years research that will allow statistical information about:
-Approximate magnitude of children and adolescents under the age of 18 exploited sexually and commercially.
-Characterization of the population under the age of 18 in commercial sexual exploitation.
-Places or areas of highest incidence.
-Compensation forms.
-Forms of sexual exploitation.
-Risk factors that lead to sexual exploitation of children under 18 years of age.
-Profiles of men and women who buy sex and who are in charge of intermediation.
The ICBF may suggest to DANE to collect statistical information on some other data related to the problem. The district and municipal governors and mayors, as well as the indigenous authorities, will lend their contest to the DANE for the conduct of the investigations.
Any natural or legal person of any order or nature, domiciled or resident in national territory, is obliged to supply data to the DANE in the development of its investigation. The data collected shall not be made known to the public or to the official entities or bodies, or to the public authorities, but only to numerical and/or qualitative summaries, which prevent the deduction of individual information from them. that could be used for discrimination purposes.
The DANE will impose penalty penalties of between one (1) and fifty (50) minimum monthly legal salaries in force for any natural or legal person, or public entity that does not comply with this rule, or which impedes the performance of the Prior to the application of the procedure laid down in the Administrative Code, with due process and criteria of adequacy, proportionality and recidivism.
ARTICLE 14. ANNUAL REPORT BY ICBF. The ICBF will prepare annually a report to be submitted to the Congress of the Republic within the first five (5) days of the second term of each legislature, by the director of the Colombian Institute of Family Welfare.
The report should contain at least the following aspects:
1. Analysis and diagnosis of the situation of childhood and adolescence in the country.
2. The results of policies, objectives, programs, and plans during the previous fiscal period.
3. The evaluation of the operation of each of the Regional Directorates in which productivity levels and performance indicators are included.
4. The policies, objectives and plans that the ICBF will develop in the short, medium and long term to comply with the Code of Childhood and Adolescence and Law 679 of 2001 and its reforms.
5. The investment plan and operating budget for the current year, including what is related to the Child Sexual Exploitation Fund, which is dealt with in Article 24 of Law 679 of 2001.
6. The description of the fulfillment of goals, and identification of the backward goals, of all the entities that have assigned competencies in the Code of Childhood and Adolescence and in Law 679 and its reforms.
7. The summary of the problems affecting the Programs of Prevention and Fight Against the Sexual Exploitation of Children, Girls and Adolescents, and of the needs that the ICBF has in the field of personnel, physical facilities and other resources for the correct performance of the functions that are dealt with by Law 679.
PARAGRAFO 1o. In order to explain the content of the report, the Director of the ICBF will participate in the First Senate and Chamber of Representatives Committees in exclusive sessions convened for this purpose, without prejudice to the the powers that, in any case, the Congress of the Republic keeps to quote and invite at any time to the public servants of the State, to know about the State of the application of the Law of Childhood and Adolescence and of the Law href="ley_0679_2001.html#1"> 679 from 2001.
PARAGRAFO 2o. Copy of this report will be referred to the Attorney General of the Nation for its jurisdiction in preventive and disciplinary sanctions.
ARTICLE 15. COMPILATION OF INFORMATION FROM THE OFFICE OF THE OMBUDSMAN, FROM THE NATIONAL PRINTING OFFICE. The Ombudsman's Office will produce annually a compilation of the basic statistics, as well as the main diagnoses, investigations and Analysis to be carried out at national level in the non-governmental field on sexual exploitation of children and adolescents. The compilation will be published by the National Press of Colombia, in charge of its budget. The compilation will be preceded by an introduction, in which the criteria used to prioritize and make the selection will be explained, and certain specific issues to be examined by authorities and individuals will be identified. related to the execution of Law 679 of 2001.
The annual compilation will be distributed with the strategic criteria defined by the Ombudsman, and will be available in printed and magnetic form. In any case it will be accessible to the public on the Internet.
The Defender will publish defense reports on the subject of Law 679 of 2001 and other rules that modify it.
ARTICLE 16. DUTY TO REPORT INFORMATION. At the request of the ICBF, any institution of national, territorial or local level committed to the development of the National Plan against the Commercial Sexual Exploitation of Children, Girls and Adolescents, or of the plans At its level, it must report the progress, limitations and projections of what it is responsible for, with the frequency, in the deadlines and the formal conditions that the Institute points out.
ARTICLE 17. SEXUAL CRIMES INFORMATION SYSTEM. In application of article 257-5 of the Constitution, the Sexual Offences Information System against Minors that the article deals with href="ley_0679_2001.html#15"> 15 of Law 679 of 2001 will be in charge of the Superior Council of the Judicature, who will summon the Ministry of the Interior and Justice, the Administrative Department of Security, DAS, the Police, the Institute Colombian Family Welfare, Legal Medicine and the Attorney General's Office for the effect. The system will be funded from the budget of the Board of Governors.
The Board of Governors shall regulate the information system in such a way that there is a unified approach to the data by means of uniform information provision manuals or instructions. The Council shall also lay down precise administrative responsibilities and powers in relation to the operation and feeding of the system, including those of the authorities fulfilling the functions of the Judicial Police; and shall provide for the disclosure of the reports corresponding to the entities entrusted with the definition of policies associated with Law 679 of 2001. You will also keep the system up to date based on the information provided to you.
ARTICLE 18. NEW CHAPTER IN THE ANNUAL REPORT TO THE CONGRESS OF THE SUPERIOR COUNCIL OF THE JUDICIARY. In its annual report to the Congress, the Superior Council of the Judiciary will include a chapter on the actions executed in the Judicial Branch, in all the jurisdictions, related to the constitutional protection of children and adolescents who are victims of crimes against freedom, sexual integrity and training, and the punishment of conduct associated with the use or sexual exploitation of children.
CLASSIFICATION CRITERIA FOR PAGES AND INTERNATIONAL COOPERATION ACTIONS.
ARTICLE 19. INTERNET PAGE CLASSIFICATION CRITERIA DOCUMENT. The document of the criteria for the classification of pages on the Internet with child pornography content and recommendations to the government will be updated every two years, in order to review the doctrinal validity of their definitions, updating the criteria on the types and effects of child pornography, ensuring the actuality of the technological frameworks of action, as well as the renewal of the recommendations for prevention and the suitability and efficiency of technical and administrative measures to prevent access of children and adolescents to any form of pornographic information contained on the Internet or any other comprehensive information network.
The commission of experts shall be convened every two (2) years under the same conditions and with the same powers as set out in Articles 4or 5or Law 679 of 2001 and its reforms.
The commission document will be an auxiliary criterion in administrative and judicial investigations, and will serve as a basis for public preventive policies.
ARTICLE 20. INTERNATIONAL COOPERATION EVENTS. Within a period of no more than five years, the Ministry of Foreign Affairs, in coordination with the ICBF, will hold the first international cooperation event in which the article is dealt with. href="ley_0679_2001.html#13"> 13 of Law 679, in the form of a regional summit that includes the countries of Latin America and the Caribbean, in order to diagnose and analyze the problem of sexual tourism with children and adolescents in the region, and propose concrete recommendations of national, regional, or global order for the fight against the scourge. The realization of these events will be successive.
FUNDING RULES.
ARTICLE 21. FUND AGAINST SEXUAL EXPLOITATION. Subparagraph paragraph 3 of Article 24 of Law 679 of 2001, and in its place is available:
PARAGRAFO 3o. It is up to the ICBF to draw up annually the draft budget of the Fund that deals with this article, which must be submitted to the National Government, who must incorporate it into the draft annual budget bill. This responsibility will be jointly assumed with the Ministry of Social Protection and the support of the Inter-Institutional Commission made up of the official agencies responsible for the implementation of Law 679.
Each year, simultaneously with the award of the presentation of the Draft Annual Budget Law, the Board of Directors of the commission or the respective constitutional commissions, will officiate the ICBF to give a written opinion on the initially proposed to the government and eventually incorporated into the annual bill. The report will be formally delivered to the speakers for study and consideration.
The Secretaries of the respective Constitutional Commissions will have the responsibility to make the warnings about the particular.
ARTICLE 22. TAX COMPETITION. Competition for the regulation and collection of tax on adult videos that is dealt with in article 22 of Law 679 of 2001 will be in charge of the Tax Directorate and National Customs.
The tax collection enshrined in Article 23 of Law 679 of 2001 will be the responsibility of the National Tax and Customs Directorate in competition with Civil Aeronautics.
The regulation of these taxes will be made within six months of the validity of this law, without which the government will affect its regulatory powers.
CRIMINAL TYPES OF SEX TOURISM AND CHILD PORNOGRAPHY STORAGE AND EXCHANGE.
ARTICLE 23. SEX TOURISM. Article 219 of Law 599 of 2000 recovers its validity, and will remain so:
Sex tourism. The one who directs, organizes or promotes tourism activities that include the sexual use of minors will be in prison for four (4) to eight (8) years.
The penalty will be increased in half when the conduct will be performed with less than twelve (12) years.
ARTICLE 24. Article 218 of Law 599 will remain so:
Article 218. Pornography with persons under 18 years of age. The one who photographs, film, record, produces, disseminates, offers, sells, buys, owns, carries, stores, transmages or exhibits, by any means, for personal use or exchange, real representations of sexual activity involving a minor person 18 years of age, will be in prison for 10 to 20 years and fine of 150 to 1,500 minimum legal monthly salaries in force.
The same penalty will apply to those who feed child pornography Internet databases, with or without profit.
The penalty will be increased from one third to half when the person is a member of the victim's family.
ARTICLE 25. MONITORING AND CONTROL. The National Police will also have the following constitutional and legal functions:
Station and substation commanders in accordance with their competence may order the temporary closure of establishments open to the public in accordance with the procedures outlined in the National Police Code, when the owner or responsible for your economic exploitation do any of the following:
1. Rent, distribute, market, display, or publish texts, images, documents, or audiovisual files of pornographic content to children under 14 years of age through the Internet, video rooms, electronic games, or the like.
2. In the case of hotels, pensions, hostels, residences, apartments and other establishments providing lodging services, in accordance with the procedures mentioned in the National Police Code, they are used or used for the purposes of the commission of sexual activities of/or with children, girls and adolescents, without prejudice to other sanctions ordered by law.
3. Computer marketing companies that do not deliver in language accessible to buyers instructions or basic online safety standards for children, girls and adolescents.
ARTICLE 26. In application of article 95 of the Constitution, and within the spaces reserved by law to institutional messages, the CNTV reserve the weekly time to define its Board of Directors, for the disclosure of cases of missing or kidnapped minors. The CNTV will coordinate with the ICBF and the Attorney General's Office for this purpose.
ARTICLE 27. THE NATIONAL INTERINSTITUTIONAL COMMITTEE. To implement the public policy of prevention and eradication of the ESCNNA, the National Inter-Institutional Committee is hereby established as a member and consultant of the National Council for Social Policy.
The Committee shall be composed of the following members:
a) State entities:
Ministry of Social Protection, who will chair it.
Ministry of Interior and Justice.
Ministry of Education.
Ministry of Communications.
Ministry of Commerce, Industry and Tourism.
Ministry of Foreign Affairs.
Colombian Family Welfare Institute.
Administrative Department of Security.
National Police (Children and Adolescents Police, Tourism Police, Dijin).
Attorney General of the Nation.
National Statistics Department.
Presidential Program for the National Youth System "Young Colombia".
b) Permanent Guests
1. Attorney General of the Nation.
2. Ombudsman's Office.
3. NGOs working on the topic.
4. Representatives of the private company.
5. Representative of the organizations of children and adolescents.
6. Representatives of the international cooperation agencies that promote and support the Plan.
ARTICLE 28. VALIDITY AND REPEAL. This law governs from the date of its publication and repeals the rules that are contrary to it.
The President of the honorable Senate of the Republic,
HERNAN FRANCISCO ANDRADE SERRANO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
GERMAN MALE COTRINO.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada en Bogotá, D. C., a 21 de july de 2009.
ALVARO URIBE VELEZ
The Minister of the Interior and Justice,
FABIO VALENCIA COSSIO.
The Minister of Finance and Public Credit,
OSCAR IVAN ZULUAGA ESCOBAR.
The Minister of Social Protection,
DIEGO PALACIO BETANCOURT.
The Minister of Commerce, Industry and Tourism,
LUIS GUILLERMO SILVER PAEZ.
The Minister of Communications,
MARIA DEL ROSARIO GUERRA DE LA ESPRIELLA.
