Act 1347 2009

Original Language Title: LEY 1347 de 2009

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ACT 1347 2009
(July 31)
Official Gazette No. 47427 of July 31, 2009 CONGRESS OF THE REPUBLIC

Through which the "Agreement between the Government of Colombia approved and the United Nations Educational, Scientific and Cultural Organization (Unesco) on the establishment of the Regional Centre for Water Management in Urban Areas for Latin America and the Caribbean, under the auspices of Unesco " signed in Paris on 28 September 2007. Effective Jurisprudence


THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement between the Government of Colombia and the United Nations Educational, Scientific and Cultural Organization (Unesco) on the establishment of the Regional Centre on Water management in Urban Areas for Latin America and the Caribbean, under the auspices of Unesco ", signed in Paris on September 28, 2007, which reads:
(to be transliterated: attached photocopy full text of that instrument).
AGREEMENT BETWEEN THE GOVERNMENT OF COLOMBIA AND THE ORGANIZATION OF THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO) CONCERNING THE ESTABLISHMENT OF THE REGIONAL CENTRE ON WATER MANAGEMENT IN URBAN AREAS FOR LATIN AMERICA AND THE CARIBBEAN, UNDER tHE AEGIS oF UNESCO
the Government of Colombia, on the one hand, and the United Nations Educational, Scientific and Cultural Organization, on the other hand, hereinafter referred to as the "Government" and " Unesco "respectively
Bearing in mind the revised Basic Agreement between Colombia, the United Nations, the Organization of the United Nations Educational, Scientific and Cultural Organization, the International Labour Organization, the United Nations Organization for Food and agriculture Organization, the International Civil Aviation Organization and the World Health Organization, signed on 7 December 1954, whereas the Intergovernmental Council of the International Hydrological Programme (IHP) at its 15th Meeting adopted in June 2002 Resolution XV-11 in which it welcomed the proposal for the establishment in the Republic of Colombia, under the auspices of Unesco, the Regional Centre for Water Management in Urban Areas for Latin America and the Caribbean (hereinafter referred to as the "Center")
Considering that the Executive Board at its 174th session authorized the director General, in accordance with the Resolution of the General Conference 33 C / res. 33, signed with the Government of Colombia an Agreement on the establishment of the Centre as the project was submitted to,
Desirous of defining the terms and conditions governing the contribution to be granted to the said Centre,
agreed as follows: ARTICLE 1. OBJECTIVES
THE AGREEMENT.
This Agreement is to define the modalities of cooperation between Unesco and the Government and also the rights and obligations of the parties.
ARTICLE 2.
CREATION.
The Government will take all necessary measures in accordance with the laws and regulations of Colombia to establish the Regional Centre for Water Management in Urban Areas for Latin America and the Caribbean, in accordance with the conditions set out in this Agreement.

ARTICLE 3. PARTICIPATION.
1. The Centre will be an autonomous entity serving Members and Associate Members of Unesco willing to cooperate with him, because of the interest they provide to their objectives States.
2. States in the region, Members and Associate Members of UNESCO wishing to participate in the activities of the Centre as provided in this Agreement shall, through the National IHP Committees or their respective focal points, send the Director General of the Unesco a notification in this regard. The Director-General of the Organization shall acknowledge receipt of this notice to the Centre and Member and Associate Member States concerned.

ARTICLE 4. LEGAL PERSONALITY.
The Centre will be established in Colombia in accordance with national law and will have the legal capacity necessary to perform their duties, contract, receive subventions, institute legal proceedings, obtain payments for services rendered and purchase any good, service or other means need, in accordance with Colombian regulations.

ARTICLE 5. CONSTITUTION.
The Constitution of the Centre must include the following provisions:

A) a legal status granting to the body in accordance with Colombian legislation, the autonomous legal capacity necessary to exercise its functions and to receive subventions, obtain payments for services rendered and acquire any good, service or other means required;
B) a governing structure for the Centre allowing UNESCO representation within its governing body.

ARTICLE 6. OBJECTIVES AND FUNCTIONS.
1. The overall objective of the Center is to promote and develop research processes and participatory action, strengthen exchange and technology transfer, create mechanisms for exchange of information in science and technology and capacity building in the countries of Latin America and the Caribbean, to contribute to integrated water resources, under approaches that can be replicated and adapted to the needs of the countries of the region management.
2. The specific objectives are:
a) Promote research on the different aspects of water management in urban areas, taking into account the needs of the countries of the region;
B) To provide to Member States technical and scientific assistance in regard to the integrated water resources management in urban areas;
C) Establish communication channels for the exchange of knowledge, technology and information between the countries of the region, as such exchange represents a key factor to improve operational management capabilities;
D) Promote the creation of institutional capacities in the countries of the region through education, training and scientific and technical research;
E) Strengthening cooperation and networking at international and regional level;
F) Improve local capacities by promoting the participation of institutions and national, regional and international networks in the Centre's activities, and
g) Develop and implement regulations as well as economic and financial instruments and mechanisms mediation they can contribute to conflict resolution and sustainable development in the region.
3. The functions of the Centre shall be:
a) To act as a focal point of expertise on integrated water management in urban areas of Latin America and the Caribbean;
B) Facilitate research activities and cooperation within Latin America and the Caribbean on integrated water resources management in urban areas, taking advantage of existing networks, especially the International Hydrological Programme network;
C) To systematize knowledge and information for the production of educational materials and training considering the specific context of the region;
D) Develop a capacity building program in the field of integrated urban water management, taking advantage of existing academic programs at universities and institutions in the region;
E) Provide advisory services and technical assistance in the region in countries that require it, especially in the formulation of public policies, regulations and conflict management in the field of work of the Centre.
4. The Centre will fulfill its objectives and perform the above functions in close collaboration with national authorities and the region, water management and Members and Associate Members of the Organization and other intergovernmental entities wishing to cooperate with it.

ARTICLE 7. BOARD OF DIRECTORS.
L. The Centre will be directed and supervised by a Board of Directors shall consist of:
a) The Deputy Minister of Environment, Ministry of Environment, Housing and Territorial Development, representing the Colombian government, which will serve as Chairman of the Board ;
B) Two representatives of the National Committees of the International Hydrological Programme for each of the three subregions (South America, Mexico and Central America and the Caribbean) Members and Associate Members of the Organization which have sent a notification the director General of Unesco, in accordance with the provisions of Article 3 above, paragraph 2. the election and renewal of these representatives shall be conducted according to the procedure decided by the Board of Directors;
C) A representative of the Director General of Unesco;
D) A representative of a non-governmental International Intergovernmental Organization or to make substantial annual budget of the Centre contributions. This representation shall be defined and renewed by decision of the Board of Directors.

2. The Center Director shall participate in meetings of the Board with voice but no vote.
3. The Board of Directors shall have the following functions:
a) approve the programs and activities to medium and long term the Centre;
B) To approve the annual plan and budget submitted to the Director of the Centre in accordance with article 9 below and formulate for the latter all directives it may deem necessary;
C) To approve the annual implementation reports of activities submitted by the Director of the Centre;
D) Establish rules and regulations and determine the procedures that will be necessary to adjust the financial, administrative and personnel management of the Centre, and
e) decide on the participation of regional and international intergovernmental organizations in the work of the Centre.
4. The Board of Directors shall meet in regular session at least once a year and in extraordinary session convened by the President, by initiative or by the Director General of Unesco or at the request of at least half of its members.
5. The Government does not acquire budgetary obligations to finance the travel expenses of members of the Board of Directors.
6. The Management Board shall establish its own regulations. At its first meeting the procedure established by the Government and UNESCO.

ARTICLE 8 SECRETARIAT.
1. The Centre's Secretariat shall consist of a Director and staff necessary for its proper functioning.
2. The Director shall be appointed by the Chairman of the Board of Directors, after consultation with the Director General of Unesco.
3. The Secretariat will be composed of other members:
a) Members of Unesco staff temporarily seconded to the Centre in accordance with the rules and regulations thereof and the decisions of its governing bodies;
B) Any person appointed by the Director in accordance with the procedures established by the Board of Directors;
C) government officials by the Government to the Centre in accordance with current national regulations. Initially, a Ministry of Environment, Housing and Territorial Development and an official of the Institute of Hydrology, Meteorology and Environmental Studies;
D) Researchers and / or professionals invited by the Director to contribute to the Centre's activities.

ARTICLE 9. FUNCTIONS OF DIRECTOR.
The Director shall perform the following functions:
a) Direct the work of the Centre in accordance with the programs, budgets and guidelines established by the Board of Directors;
B) To propose projects and budget programs that are to be subject to approval by the Board of Directors;
C) Prepare the provisional agenda of meetings of the Board and submit for consideration any proposals that may deem useful for the administration of the Centre;
D) Prepare reports of activities of the Centre for approval by the Board of Directors, and
e) represent the Centre in law and in all civil acts.

ARTICLE 10. FINANCIAL PROVISIONS.
1. The Centre will finance its own administrative expenses.
2. The Centre shall receive resources from Member States of Unesco, both national and international intergovernmental organizations or non-governmental and remuneration for services the Centre provides.
3. the Centre may also receive donations and legacies, with the approval of the Board, which shall not compromise its social mission or its objectives.
ARTICLE 11.
government contribution.
The Government shall, in accordance with the laws and regulations of Colombia, all necessary measures for the Centre to receive adequate funds for its operation. You can also assign temporary way government officials to support the Centre.

ARTICLE 12. CONTRIBUTION UNESCO.
1. Unesco will provide support in the form of technical assistance and / or financial contribution for specific projects and activities in accordance with the strategic goals and objectives of the Organization, but does not provide financial support for administrative or institutional purposes.
2. Unesco agrees:
a) Provide technical support to the creation and operation of the Centre, among other things, supporting the development of their programs in the short, medium and long term;
B) Providing technical assistance through its experts in the specialized fields of the Centre;

C) ascribe temporarily members of its staff. This exceptional secondment will only be authorized by the Director General when justified by the implementation of an activity or a joint project with the Center a priority area which has been subject to approval by the governing bodies of the Organization;
D) To promote and facilitate training of officials and staff of the Centre;
E) Outsource Center, according to the relevant rules applying IHP Intergovernmental Council, implementation of activities to its purpose and provide support within each program and regular budget, particularly to accompany him in the beginning;
F) provide the Centre with IHP publications and other pertinent materials and to publicize the activities of the Centre in the IHP website and other mechanisms at its disposal;
G) To participate, as appropriate, in the scientific and technical meetings, training or held by the Centre;
H) Encourage governmental and non-governmental international financial institutions, as well as to its Member States, technical and financial assistance to the projects and activities formulated by the Centre in its annual and quadrennial programs, and
i) include the Centre in various programs carried out and in which the participation of the latter seems necessary.
3. In all the cases listed above, this contribution shall be in the program and budget of Unesco.

ARTICLE 13. Privileges and Immunities.
The privileges and immunities would occur when circumstances warrant under the revised Basic Agreement between Colombia, the United Nations, the Organization of the United Nations Educational, Scientific and Cultural Organization, the International Labour Organization, the United Nations Organization for Food and Agriculture, the International Civil Aviation Organization and the World Health Organization, signed on 7 December 1954.

ARTICLE 14. LIABILITY.
Given that the Centre has legal personality, Unesco has for him no legal responsibility or liability, either administrative, financial or otherwise, unless expressly provided for in this Agreement.

ARTICLE 15. ASSESSMENT.
1. Unesco may at any time prior notification to the Centre, carry out an evaluation of its activities to check:
a) If the Centre makes a significant contribution to achieving the strategic objectives of Unesco;
B) If the activities effectively pursued by the Centre are in conformity with those set out in this Agreement.
2. UNESCO undertakes to submit to the Government, as soon as possible, a report on any evaluation.
3. Each of the contracting parties denounce this Agreement or request a review of its content, given the results of an evaluation reserved.

ARTICLE 16. USE OF NAME AND LOGO OF UNESCO.
1. The Centre may mention its affiliation with UNESCO. Therefore, you can enter its title the mention "under the auspices of Unesco".
2. The Centre is authorized to use the UNESCO logo or a version thereof on its letterhead and documents in accordance with the conditions established by the governing bodies of Unesco.

ARTICLE 17. ENTRY INTO FORCE.
This Agreement shall enter into force upon Unesco has received from the Colombian authorities a copy of the legal texts establishing the Centre and Unesco has notified in writing that the establishment of the Centre is in accordance with the terms of this Agreement .

ARTICLE 18. EFFECTIVE DATE.
This Agreement will last for six years from the date of its entry into force and may be renewed by tacit agreement for a similar period of six years, unless either party has given notice to the other in writing, six months prior to the termination of the Agreement of its decision to terminate the Agreement.

ARTICLE 19. DENUNCIATION.
1. Each of the parties shall be entitled to unilaterally terminate this Agreement upon written notice to the other party.
2. The withdrawal shall become effective ninety days after one of the contracting parties receive the notification sent by the other party.

ARTICLE 20. REVIEW AND DISPUTE SETTLEMENT.
1. This Agreement may be revised by the Government and Unesco agree.
2. Any dispute between the parties concerning the interpretation or application of this Agreement shall be resolved through direct negotiations between the parties.

3. The obligations assumed by UNESCO and the Government under this Agreement shall be respected beyond the validity period, to the extent that require commitments regarding the withdrawal of personnel, funds and property of the Unesco and the settlement of accounts between the parties.
IN WITNESS WHEREOF, the undersigned representatives, duly authorized, have signed two copies of this Agreement in English and Spanish, both texts being equally authentic.
Paris, 28 September 2007.
For the Government of Colombia, Luis Guillermo Angel Correa
,
Ambassador and Permanent Delegate of Colombia to Unesco.
For the United Nations Educational, Scientific and Cultural Organization,
Koïchiro Matsuura, Director-General
. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, November 2, 2007
authorized.
Undergo consideration of the honorable Congress for constitutional purposes.

The Alvaro Uribe Foreign Minister,
(Sgd.) Fernando Araújo Perdomo.
DECREES: Article 1.
. To approve the "Agreement between the Government of Colombia and the United Nations Educational, Scientific and Cultural Organization (Unesco) on the establishment of the Regional Centre for Water Management in Urban Areas for Latin America and the Caribbean under the auspices of Unesco ", signed in Paris on 28 September 2007. Article 2.
. In accordance with Article 1 of the Law 7 of 1944, the "Agreement between the Government of Colombia and the United Nations Educational, Scientific and Cultural Organization (Unesco) on the establishment of the Centre regional on Water Management in Urban Areas for Latin America and the Caribbean, under the auspices of Unesco ", signed in Paris on 28 September 2007, that article 1 of this law is passed, will force the country to from the date on which the international link is perfect therefrom.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, on November 2, 2007.
honorable Presented to Congress by the Minister of Foreign Affairs and the Minister of Environment, Housing and Territorial Development.
The Minister of Foreign Affairs Jaime Bermudez
.
The Minister of Environment, Housing and Territorial Development Juan Lozano Ramírez
. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, November 2, 2007
authorized.
Undergo consideration of the honorable Congress for constitutional purposes.

The Alvaro Uribe Foreign Minister,
(Sgd.) Fernando Araújo Perdomo.
DECREES: Article 1.
. To approve the "Agreement between the Government of Colombia and the United Nations Educational, Scientific and Cultural Organization (Unesco) on the establishment of the Regional Centre for Water Management in Urban Areas for Latin America and the Caribbean under the auspices of Unesco ", signed in Paris on 28 September 2007. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of Colombia and the United Nations Educational, Scientific and Cultural Organization (Unesco) on the establishment of the Regional Centre on Water Management in Urban Areas for Latin America and the Caribbean, under the auspices of Unesco ", signed in Paris on 28 September 2007, that article 1 of this law is passed, it will force the country from the date on which the international link is perfect therefrom.
Article 3o. This law applies from the date of publication.
The President of the honorable Senate,
HERNÁN SERRANO FRANCISCO ANDRADE.
The Secretary General of the honorable Senate,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives, GERMÁN
MALE Cotrino.
The Secretary General of the honorable House of Representatives,
JESUS ​​ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on July 31, 2009.

The Alvaro Uribe Foreign Minister, Jaime Bermudez
.
The Minister of Environment, Housing and Territorial Development, Carlos Costa POSADA
.

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