Key Benefits:
1359 OF 2009
(November 25)
Official Journal No. 47.545 of 26 November 2009
CONGRESS OF THE REPUBLIC
By means of which the "Agreement of Labor Cooperation between Canada and the Republic of Colombia" is approved, made in Lima, Peru, on November 21, 2008, and the " Exchange of Letters between Canada and the Republic of Colombia of 20 September 2008. February 2009, by means of which technical and material errors are corrected from the Labor Cooperation Agreement between Canada and the Republic of Colombia. "
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Agreement on Labor Cooperation between Canada and the Republic of Colombia", made in Lima, Peru, on 21 November 2008, and the " Exchange of Letters between Canada and the Republic of Colombia of 20 February 2009, by means of which technical and material errors are corrected from the Agreement of Labor Cooperation between Canada and the Republic of Colombia ", which to the letter reads:
(To be transcribed: photocopy of the integrated texts of the mentioned international instruments is attached).
ALVARO URIBE VELEZ
LABOR COOPERATION AGREEMENT
BETWEEN THE REPUBLIC OF COLOMBIA AND CANADA
PREAMBLE
THE REPUBLIC OF COLOMBIA and CANADA, hereafter referred to as the "Parties":
REMEMBERING their determination, expressed in the Free Trade Agreement between the Republic of Colombia and Canada (TLCCCO) of:
(a) protect, expand and enforce the basic rights of workers;
(b) strengthening cooperation in labor matters; and
(c) advance their respective international commitments on labor matters.
SEEKING to complement the economic opportunities created by the TLCCCO with the development of the human resource, protection of workers ' basic rights, cooperation between workers and employers and the continuous learning that characterizes high productivity economies;
REAFFIRMING the obligations of both countries as members of the International Labour Organization (ILO) and its commitments to the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up (1998) (ILO Declaration of 1998);
AFFIRMING their continued respect for the constitution and law of each Party;
DESIRING advance their respective international commitments;
RECOGNIZING the importance of mutual cooperation to strengthen actions in labor matters, including:
(a) encouraging consultation and dialogue between labour organisations, businesses and government;
(b) encouraging employers and workers in each country to comply with labor laws and to work together to maintain a fair, safe and healthy work environment;
RECOGNIZING the importance of protecting the labor rights of migrant workers;
RECOGNISING the importance of encouraging voluntary practices of corporate social responsibility within their territories or jurisdictions to ensure consistency between the work objectives and economic; and
RELYING on institutions and mechanisms in place in Colombia and Canada to achieve the aforementioned economic and social goals;
HAVE AGREED the following:
FIRST PART
OBLIGATIONS
Article 1: General Obligations
1. Each Party shall ensure that its laws, regulations, and corresponding practices, contain and provide protection for the following internationally recognised rights and principles:
(a) freedom of association and right to collective bargaining (including the protection of the right to organize and the right to strike);
(b) the removal of all forms of forced or mandatory work;
(c) the effective abolition of child labour (including child and youth protection);
(d) elimination of discrimination against employment and occupation;
(e) acceptable working conditions with respect to minimum wage, working hours and occupational health and safety; and
(f) to grant migrant workers the same legal protection as nationals of the Party, with respect to working conditions.
2. As to the fact that the principles and rights set out above are related to the ILO, sub-paragraphs (a) to (d) refer only to the ILO Declaration of 1998, while those set out in sub-paragraphs (e) and (f) are related more closely with the ILO Decent Work Programme.
Article 2: Non-Repeal
Each Party will ensure that it will not cease to apply or otherwise leave without effect, nor will it offer to stop applying or otherwise leaving its labour law without effect in a way that weakens or reduces the observance of labour rights. internationally recognised as referred to in Article 1, as a way of encouraging trade between the Parties, or as an incentive for the establishment, acquisition, expansion or retention of an investment in its territory.
Article 3: Government Application Measures
1. Subject to Article 22, each Party shall promote compliance and implement the effective implementation of its labour law through appropriate government measures such as:
(a) establish and maintain labour inspection divisions, including through the appointment and training of inspectors;
(b) monitor compliance and investigate alleged violations, including through "in-situ" inspections;
(c) encourage the establishment of employer and worker committees to address workplace regulations in the workplace;
(d) provide or encourage mediation, reconciliation, and arbitration services; and,
(e) initiate, in a timely manner, procedures for seeking appropriate sanctions or remedies in case of violations of their labour law.
2. Each Party shall ensure that its competent authorities give due consideration, in accordance with its legislation, to any request from an employer, a worker or its representatives, or from any interested person, to investigate any alleged violation of the Party's labor law.
Article 4: Access to Procedures
Each Party shall ensure that persons with a legally legitimate interest in accordance with their legislation have adequate access to the proceedings of a court, which may apply the Party's labor law and enforce labor rights. of such persons; and, to remedy the breaches of such law or rights.
Article 5: Procedural Guarantees
1. Each Party shall ensure that the procedures referred to in Article 3 (1) (b) and (e) and Article 4 are fair, equitable and transparent, and for this purpose it shall provide that:
(a) procedures are conducted by persons who are impartial, independent, and have no interest in the outcome of the matter;
(b) the Parties to the proceedings have the right to support or defend their respective positions and to present information or evidence, that decisions are based on such information or evidence and that final decisions on the substance of the subject to such procedures are written in writing;
(c) procedures are open to the public, except where the law and the administration of justice provide otherwise; and
(d) be free and agile or at least do not contemplate unreasonable costs or delays, and your time limits do not hinder the exercise of rights.
2. Each Party shall establish that the Parties to such procedures have the right, in accordance with their legislation, to request the review and correction of final decisions given in those procedures.
3. A Party should implement the above obligations in a manner consistent with its multilateral agreements, and it is not necessary for a Party to comply with its obligations above if in so doing it will cause a conflict with its obligations under a multilateral treaty providing equivalent or greater procedural guarantees.
Article 6: Information and Public Knowledge
1. Each Party shall ensure that its labour laws, regulations, procedures and administrative resolutions of general application which relate to any matter covered by this Agreement, are published as soon as possible or in the absence thereof. the provision of the persons concerned and the other Party for their knowledge.
2. Where the legislation so provides, each Party shall:
(a) will publish in advance any measures you intend to take; and
(b) will provide interested persons with a reasonable opportunity to comment on the proposed measures.
3. Each Party shall promote public knowledge of its labour law in particular:
(a) make available public information related to their labor laws, enforcement and compliance procedures; and
(b) to stimulate the education of the population with respect to its labour laws.
SECOND PART
INSTITUTIONAL MECHANISMS
Article 7: Ministerial Council
1. The Parties shall establish a Ministerial Council, which shall be composed of the Ministers responsible for the work of the Parties or the persons appointed by them.
2. The Council will meet within the first year of entry into force of this Agreement and thereafter, as many times as it deems necessary to discuss matters of common interest, to monitor the implementation of the Agreement and review its progress. The Council may hold joint meetings with councils established under similar agreements.
3. Unless the Parties decide otherwise, each Council meeting will include a session in which Council members have the opportunity to meet with the public to discuss issues related to the implementation of this Agreement.
4. The Council may consider any matter within the scope of this Agreement and take any further action in the exercise of its functions when the Parties so agree.
5. The Council shall review the operation and effectiveness of the Agreement, including the level of progress achieved in the implementation of the obligations and institutional mechanisms of this Agreement, within the following five years from the entry into force of the Agreement. in force of the Agreement, and henceforth within the periods to be decided by the Council. Such review:
(a) may be conducted by one or more independent experts;
(b) will include a review of the literature and consultation with members of the public, including representatives of labor and business organizations, as well as the possibility for Parties to submit comments;
(c) you can make recommendations for the future; and,
(d) must be completed within 180 days from its inception and published 30 days later.
Article 8: National Mechanisms
1. Each Party may convene a new national labour committee or consult an existing one, composed of members of its public, including representatives of its labour and business organisations to present views on any matter. related to this Agreement.
2. Each Party shall establish a Point of Contact within its Ministry responsible for labor matters and provide the other Party with its contact information. The Point of Contact functions will include:
(a) coordination of cooperation programs and activities;
(b) public communications review under Article 10;
(c) serve as Point of Contact with the other Party;
(d) provision of information to the other Party, the Review Panels and the public; and,
(e) any other matter which the Parties or the Council decides.
3. Each Party shall provide the other Party with information related to the establishment of the Point of Contact.
Article 9 Cooperation Activities
1. Recognizing that labor cooperation is an essential element in increasing the levels of compliance with labor standards, the Parties will have to develop an action plan for cooperation in labor activities for the promotion of objectives of this Agreement, and will define specific cooperation projects and the deadline for implementing them.
2. Possible areas of cooperation are set out in Annex 1. Most are directly related to the obligations set out in this Agreement, while others deal with the improvement of labour mobility as the Parties recognise the mutual benefits to be derived from the labour force. this aspect and have committed themselves to exploring the means to achieve this objective.
3. When developing the action plan, the Parties shall cooperate through:
(a) technical assistance programs, including providing human, technical and material resources, as appropriate;
(b) exchange of official, professional and specialist delegations, including through study visits and other technical exchanges;
(c) exchange of information on standards, regulations, procedures and best practices;
(d) exchange or development of relevant studies, publications and monographs;
(e) joint conferences, seminars, workshops, meetings, training sessions and outreach and education programs;
(f) development of joint research projects, studies and reports, through which the participation of independent specialists can be requested;
(g) exchange on technical work issues, including leveraging the experience of academic institutions and other similar entities;
(h) exchange on technology issues, including informational systems; and
(i) any other means that the Parties agree to.
4. The Parties shall carry out cooperation activities taking into account the priorities and needs of each Party as well as the economic, social, cultural and legal differences between them.
Article 10: Public Communications
1. Each Party shall provide for the presentation, receipt and consideration of public communications on matters relating to labour law which:
(a) be raised by a national or by a company or organization established in the territory of the Party;
(b) are presented in the territory of the other Party; and
(c) refer to any matter related to this Agreement.
2. Each Party shall make such communications available to the public once it has been accepted for review and shall accept and review such matters in accordance with its internal procedures as set out in Annex 2.
Article 11: General Queries
1. The Parties shall endeavour, at all times, to agree on the interpretation and application of this Agreement.
2. The Parties shall make every effort to deal with any matter which may affect the functioning of this Agreement, through consultations, the exchange of information, with particular emphasis on cooperation.
3. A Party may request consultations with the other Party on any matter related to this Agreement by submitting a written request to the Point of Contact.
4. If the Parties fail to resolve the matter through the Contact Points, the requesting Party may use the procedures provided for in Article 12.
THIRD PART
OBLIGATION REVIEW PROCEDURE
Article 12: Ministerial Queries
1. A Party may request in writing consultations from the other Party, at ministerial level, in relation to any obligation established under this Agreement. The Party that is the subject of the request shall respond within 60 days of receipt of the request or within any other period of time that the Parties agree to.
2. Each Party shall provide the other sufficient information that is in its possession to enable a complete assessment of the issues raised.
3. To facilitate the discussion of matters under consideration, any Party may call one or more independent experts to prepare a report. The Parties shall make every effort to agree on the selection of the expert or experts and shall cooperate with the expert or experts in the preparation of the report. Any publication of the report shall indicate how to gain access to any response from the other Party.
4. The consultative parties shall make every effort to reach a mutually satisfactory agreement on the matter, and may decide to develop a plan of cooperative activities relating to the issues raised by the parties. consultations.
5. The Ministerial Consultations shall be concluded no later than 10 days after the request, unless the two Parties agree on a different time limit.
Item 13: Review Panel
1. Upon completion of the Ministerial Consultations, the Party requesting the Consultations may request that a Review Panel be convened if the Party considers that:
(a) the subject is trade related; and
(b) the other Party has breached its obligations under this Agreement by:
(i) a persistent pattern of default in the effective application of your Labor legislation; or
(ii) failure to comply with its obligations under Articles 1 and 2 related to the ILO Declaration of 1998.
Article 14: Panelists
1. A Review Panel, composed of three panelists, shall be designated in accordance with the procedures set out in Annex 3.
2. Panelists must:
(a) be selected on the basis of experience in labor matters or other appropriate disciplines, their objectivity, reliability and good judgment;
(b) to be independent of the Parties, not to be bound by any of them or to receive instructions from them; and
(c) comply with a code of conduct established by the Parties.
3. If any Party considers that a panelist has engaged in a violation of the code of conduct, the Parties shall consult. If agreed by the Parties, they may remove that panelist and select a new one, in accordance with the procedures set out in Annex 3 that were used to select the panellist who was removed. Time limits shall be run from the date of the decision of the Parties to remove the panelist. The Model Rules of Procedure may establish procedures for resolving the situation if the Parties fail to agree.
4. Persons who have an interest in the matter, or who have any connection with any person or organization that has an interest in the matter, may not be panelists in a review.
5. The chairman of the panel may not be a national of either Party.
Article 15: Driving the Review
1. Unless the Parties decide otherwise, the panel shall:
(a) be established and develop its functions in a manner consistent with the provisions of this part, including the procedures referred to in Annex 3; and
(b) within 30 days of your establishment, present a decision on whether the matter is related to trade.
2. The review panel will complete its duties once the decision has been made that the matter is not related to the trade.
Article 16: Information for the Review Panel
1. Parties shall be entitled to make written or oral submissions to the Review Panel in accordance with the Model Rules of Procedure.
2. The Review Panel may request or receive and consider written submissions or any information from organizations, institutions, the public, and persons with relevant specialized information or knowledge.
3. Unless the Parties agree otherwise, the procedures before the Review Panel shall be open to the public, except where it is necessary to protect any information that the Model Rules of Procedure require to treat as confidential.
Item 17: Preliminary Report
1. Unless the Parties decide otherwise, the Review Panel shall base its report on the relevant provisions of this Agreement, the requests and arguments presented by the Parties and any information it has received pursuant to this Agreement. Article 16.
2. Unless the Parties decide otherwise, the panel shall submit to the Parties a preliminary report containing:
(a) the findings of fact;
(b) its determination as to whether the Party that is the subject of the review has had a breach through a persistent pattern of failure to effectively enforce its labour law or a breach of its compliance obligations with Articles 1 and 2 related to the ILO Declaration of 1998, or any other requested determination required under the terms of reference; and
(c) in the event that the panel issues a positive determination in relation to sub-paragraph (b), its recommendations for resolving the matter, which will normally be the subject of the review to adopt and implement an action plan. sufficient to remedy the pattern of non-compliance.
3. The panel shall submit to the Parties a preliminary report, within 120 days of the appointment of the last panellist, unless:
(a) the Model Rules of Procedure have another period; or
(b) the panel considers that it will not be able to submit its report within 120 days, in which case it may extend the period for an additional 60 days, notifying both Parties in writing and explaining the reasons for the extension.
4. The panelists may formulate separate opinions on matters in which a unanimous agreement could not be reached. However, the panel will not mention which panelists are of majority opinion and which of the minority opinion.
5. Either Party may submit written observations to the panel on the preliminary report within 30 days of the submission of the report, or any other period the Parties agree to.
6. On the basis of these written observations, the panel may, on its own initiative or at the request of either Party:
(a) request the other Party's observations;
(b) reconsider your report; and
(c) carry out any further examination that you consider relevant.
Article 18 Final Report
1. The Review Panel shall submit to the Parties a final report, which shall include any particular opinion on matters where there has been no unanimous agreement within 60 days of the submission of the preliminary report, to the Parties. less than the Parties agree on a different time limit. The Parties shall make public the final report in the three official languages within 21 days after, subject to the protection of confidential information.
2. The panelists may formulate opinions on matters in which a unanimous decision has not been reached. However, a review panel will not be able to disclose who are the panelists who hold majority or minority opinions.
Article 19: Final Report Compliance
When a Review Panel determines in its final report that there has been non-compliance in accordance with Article 17 (2) (b) of the Party that has been the subject of the review, the Parties may agree on a mutually satisfactory plan of action for implement the panel's recommendations.
Article 20: Review of Compliance
1. If a Review Panel determines in its final report that there has been a breach in accordance with Article 17 (2) (b) of the Party that has been the subject of the request and the Parties:
(a) fail to agree on an action plan, in accordance with Article 19, within 60 days of receipt of the final report; or
(b) have agreed to an action plan under Article 19 and the requesting Party considers that the other Party has not complied with the terms of the action plan, the requesting Party may at any time later request in writing the panel that meet again to impose an annual monetary contribution to the other Party. The panel must meet as soon as possible after the request has been received.
2. When a panel meets again in accordance with paragraph 1, it shall determine:
(a) if the action plan has been implemented or the non-compliance in accordance with Article 17 (2) (b) has been otherwise resolved;
(b) in the case of a negative determination under subparagraph (a) above, the panel shall determine the value of the monetary contribution in United States dollars, or its equivalent in the currency of the claimed Party in accordance with Annex 4, within 90 days after it has been reassembled under paragraph 1.
3. The provisions of Article 18 concerning the publication of the final report and of the particular opinions shall apply to determinations in accordance with paragraph 2, which shall be issued in Spanish, in addition to English or French.
4. The requesting Party may demand payment of the monetary contribution in accordance with Annex 4. The determination of the panel according to paragraph 2 may be applied in accordance with Annex 4.
5. Monetary contributions shall be paid to a fund of interest which is designated by the Council and shall be used, under the direction of the Council, in appropriate labour initiatives in the territory of the Party which has been the subject of review. In deciding how to use the monies paid to the fund, the Council may consider the views of persons interested in the territories of the Parties.
Article 21: Compliance Review
1. If the Party that is the subject of the review considers that the breach found by the panel has been removed, it may refer to the matter to the panel, providing a written notice to the requesting Party. The panel will present its report on the matter within 90 days after the Party that has been the subject of review has given its notice.
2. If the panel decides that the Party that is the subject of the review has eliminated the breach, the Party that is the subject of the review may not be required to pay any monetary contribution that has been imposed on it under Article 20.
FOURTH PART
GENERAL PROVISIONS
Article 22: Application Principle
Nothing in this Agreement shall be construed as granting rights to the authorities of one of the Parties to carry out work law enforcement activities in the territory of the other Party.
Article 23: Particular Rights
No Party may grant the right of action in its domestic law against the other Party, on the basis that the other Party has acted in inconsistent manner with this Agreement.
Article 24: Protection of Information
1. A Party receiving information identified as confidential or reserved by the other Party shall maintain such information as confidential or reserved.
2. A Review Panel that receives confidential or reserved information under this Agreement will give you the treatment established in accordance with the Model Rules of Procedure.
Article 25: Cooperation with International and Regional Organizations
The Parties may establish cooperation agreements with the International Labour Organization and other competent international and regional bodies to take advantage of their experience and resources in order to achieve the objectives of this Agreement.
Article 26: Definitions
For the purposes of this Agreement:
A Party shall not be deemed to have incurred omissions "in the effective application of its labor law" or in compliance with Article 3o in the particular case in which the action or inaction by the officials or entities of that Party:
(a) reflects the reasonable exercise of the discretion of officials or entities with respect to the investigation, prosecution of judicial actions, regulatory or compliance aspects; or
(b) result from decisions made in good faith about the allocation of resources to:
(i) the application with respect to other labor matters that are considered higher priority; or
(ii) emergency needs resulting from urgent temporary social or economic priorities;
"days" means calendar days, including weekends and holidays.
"company" means any entity incorporated under applicable law, whether or not for profit, and whether it is private or government property, including any company, trust, participation, company of single owner, co-investment or other partnership;
"labor law" means laws, regulations, and jurisprudence, as appropriate, that implement and protect the principles and labor rights set forth in Article 1o;
"national" means:
(a) with respect to Canada: a permanent resident of Canada or a citizen of Canada according to Canadian legislation;
(b) with respect to the Republic of Colombia: a natural person who is Colombian by birth or naturalization, as established in Article 96 of the Political Constitution of Colombia;
"persistent pattern" signifies a sustained or recurring conduct of action or inaction beginning after the date of entry into force of this Agreement and does not include an isolated or particular case;
"person" means a natural person, an employer, or an employer or worker organization.
"province" means a province of Canada, and includes the Yukon Territory, the Northwest Territories and Nunavut and its successors; and
"territory" means:
(a) with respect to Canada:
(i) the continental territory, airspace, maritime domain, and maritime spaces of Canada;
(ii) Canada's exclusive economic zone, as determined by its domestic law, in accordance with Part V of the United Nations Convention on the Law of the Sea of December 10, 1982 (UNCLOS); and
(iii) the continental socket of Canada, as determined by its internal legislation, according to Part VI of UNCLOS;
(b) with respect to the Republic of Colombia: its continental territory, the islands, the sea areas and the airspace over them, or on which Colombia exercises sovereignty or sovereignty of law and jurisdiction, in accordance with its legislation national and international law.
PART QUINTA
FINAL PROVISIONS
Article 27: Attachments
The Annexes to this Agreement are an integral part of this Agreement.
Article 28: Official Languages
The official languages for the purposes of this Agreement will be English, French and Spanish.
Article 29: Entry into Vigor
Each Party shall notify the other Party in writing with respect to the completion of the internal procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force from the date of the second notification, or on the date on which the Free Trade Agreement between Canada and the Republic of Colombia enters into force, whichever is the latest.
Article 30: Amendments
1. The Parties may agree in writing on any amendment to this Agreement.
2. At the request of any Party, the Parties shall meet in order to review and amend this Agreement to reflect the development in their bilateral and multilateral relations in the matters covered by this Agreement.
3. The amendments, which are adopted in accordance with the relevant legal procedures of each Party, shall constitute an integral part of this Agreement, when agreed.
Article 31: Reporting
1. This agreement will remain in force as long as the TLCCO continues to take effect. If the TLCCO is terminated, either Party may denounce this Agreement by giving written notice to the other Party. The complaint shall have effect 14 days after receipt of the written notification.
2. This Agreement may be terminated by means of a mutual written agreement of the Parties, and under the conditions and within the time limit to be mutually agreed upon.
IN TESTIMONY OF WHICH the undersigned representatives, duly authorized to this effect, sign this Agreement.
FACT in duplicate in Lima on the 21st of November 2008, in Spanish, English, and French. All texts are equally authentic.
ANNEX 1
COOPERATION ACTIVITIES
1. The following list of areas of cooperation directly related to the obligations under this Agreement, which the Parties may develop in accordance with Article 9:
(a) exchange of information: Exchange of information and sharing on best practices or issues of common interest and events, relevant, activities and initiatives organized in their respective territories;
(b) International forums: cooperation within international and regional forums such as the International Labour Organization and the Inter-American Conference of Ministers of Labor on work-related issues;
(c) fundamental rights and their effective implementation: legislation and practices related to the principles contained in the ILO Declaration of 1998 (Freedom of association and effective recognition of the right to collective bargaining, elimination of all forms of forced or compulsory labour, the effective abolition of child labour, and the elimination of discrimination in the field of employment and occupation)
(d) the elimination of the worst forms of child labour: Legislation and practices related to compliance with ILO Convention No. 182;
(e) labor administration: institutional capacity of labor administrations and labor courts, especially training and professionalization of human resources, including career civil service;
(f) labour inspection and inspection systems: methods and training to improve the level and efficiency in the application of labour law, strengthening of labour inspection systems and assisting in compliance with compliance with labour laws;
(b) facilitating the association of the public and private sectors in initiatives related to the intermediation of the labour market; and
(c) facilitating initiatives that will allow training institutions to develop curricula that meet the standards of the receiving parties.
3. By identifying areas of labour cooperation and capacity building, and carrying out cooperation activities, each Party may consider the views of workers 'and employers' representatives, as well as the other members of the public.
ANNEX 2
PUBLIC COMMUNICATIONS
1. The procedures for public communications of each Party regarding the right of a national, organization or undertaking to submit a public communication to the Point of Contact shall establish, among others:
(a) criteria for acceptance of communications, including:
(i) That a solution before national courts has been attempted or pursued and that any public communication related to these pending internal procedures will not normally be accepted, as long as these procedures are consistent with Article 5;
(ii) cases pending before an international body will not normally be accepted;
(iii) that communications that are trivial, frivolous or vexatious will not be accepted;
(b) a preliminary query will be performed with the other Party;
(c) that the final report should consider relevant information, including the one given by which the communication was submitted, the other Party and other persons concerned, and also indicate how to gain access to such information; and,
(d) that the public notification of acceptance for review and publication of the final report will indicate how to have access to any response from the other Party.
ANNEX 3
REVIEW PANEL-RELATED PROCEDURES
Review Panel Selection Procedures
1. For the purposes of selecting the Review Panel, the following procedures apply:
(a) within 20 days of receipt of the request for establishment of a panel, each Party shall select a panelist;
(b) if one Party does not select its panellist within that period, the other Party shall select the panellist among qualified individuals who are nationals of the Party who did not select their panellist;
(c) the following procedures will apply for selection of the review panel president:
(i) the Party that is the subject of the application shall provide the Party that made the request with the names of three individuals who are qualified to be the chairman of the panel. The names must be provided no later than 20 days after the request for establishment of the panel is received;
(ii) the Party that made the request may choose one of the individuals to be the President or, if the names were not provided or none of the individuals are acceptable, it may provide the Party that is the subject of the request to names of three individuals qualified to be the president. Such names shall be provided no later than five days after receiving the names referred to in sub-paragraph (i) or 25 days after receipt of the request for establishment of the review panel;
(iii) the Party that is the subject of the application may choose one of the three individuals to be the President, no later than five days after receiving the names referred to in sub-paragraph (ii), failing which the Parties shall immediately request the Director-General of the International Labour Office to appoint the President within 25 days.
Rules of Procedure
2. No later than one year after the entry into force of this Agreement, the Parties shall establish the Model Rules of Procedure which shall be used to establish and carry out the procedures laid down in Part Three. The Model Rules will include:
(a) a code of conduct for the purposes of Article 14;
(b) the rules, for the purposes of Article 16, which provide that written submissions can be made only on the basis of the terms and conditions that the panel may specify, and that persons who seek to submit oral information on the Article 16 paragraph 2 may only be used if the panel determines that such information can assist the panel in the performance of its functions; and,
(c) rules for the protection of information in accordance with Article 24.
3. The Parties shall agree on a separate budget for expenditure on the procedures of each panel under Articles 13 to 21. The Parties shall contribute equally to the budget, unless they decide otherwise.
Panels Reference Terms
4. Unless the Parties agree otherwise, within 30 days of the Parties joining the panel, the terms of reference shall be:
" Examine, in the light of the relevant provisions of this Agreement, whether the Party that has been the subject of a complaint has, in matters relating to trade, had a persistent pattern of omission in the effective implementation of the legislation or has failed to comply with the obligations under Articles 1 and 2 relating to the declaration of the ILO Declaration of 1998, and to issue the conclusions, determinations and recommendations in accordance with paragraph 2 of Article 17. "
ANNEX 4
MONETARY CONTRIBUTIONS
1. To determine the amount of monetary contribution, the panel will take into account:
(a) the extent and duration of the Party's persistent pattern of omissions to comply with its obligations under Article 17 (2) (b);
(b) the reasons for the Party's failure to comply with such obligations including, where relevant, its failure to comply with the terms of an action plan;
(c) the level of compliance that could reasonably be expected from the Party, given its limitation of resources;
(d) the efforts made by the Party to begin correcting non-compliance, after the panel's final report, including the implementation of any mutually agreed action plans; and
(e) any other relevant factors.
The amount of the contributions shall not exceed $15 million from the United States or its equivalent in the national currency of the claimed Party.
2. On the date the panel determines the amount of the monetary contribution under Article 20 (2), or at any later time, the requesting Party may request the payment of the monetary contribution in writing to the other Party. Monetary contributions shall be paid in United States dollars or its equivalent in the currency of the claimed Party, in equal quarterly payments starting at 60 days after the requesting Party has submitted the application and ending on the day the panel has determined in accordance with Article 21 (2).
3. In Canada, the procedure for applying the monetary contribution will be as follows:
(a) Colombia may submit to a competent court of jurisdiction a certified copy of the panel's determination under Article 20 (2), only if Canada does not comply with the determination provided for in Article 20 (4), within 180 days to which it has been issued.
(b) For the purpose of its execution, the determination of the panel, shall be converted into a mandate of the Court, upon submission to the Court.
(c) Colombia will be able to carry out the acts aimed at executing a determination of a panel converted into a mandate for the Tribunal, before that Court, against the person in Canada to whom the determination of the panel was directed, according to Paragraph 4 of Annex 5.
(d) the procedures to enforce the determination of a panel converted into a judicial mandate will be carried out in Canada by the summary procedure; provided that the court promptly refers any matter of fact or interpretation of the determination of a panel to the panel that made it, and the decision of the panel will be mandatory for the court;
(e) the determination of a panel that has become a judicial mandate shall not be subject to internal review or challenge; and
(f) the mandate issued by the court during the procedure to execute the determination of a panel converted into a judicial mandate shall not be subject to review or challenge.
4. In Colombia, the procedures for enforcing monetary contributions will be as follows: if Colombia does not comply with the determination provided for in Article 20 (4), within 180 days of its being issued, the determination of the panel in Colombia should be run:
(a) as if it were a decision ordering the payment of a fixed sum by an international tribunal constituted by a treaty ratified by Colombia, or,
(b) Canada may submit to the Council of State or any other competent court a certified copy of the determination of a panel in accordance with Article 20 (2) (b) and may require compliance with the determination of the panel. Canada will be entitled to directly execute the panel's determination in Colombia as if this were a final decision by a Colombian court, without the right to further legal review or appeal. The determination will contain clear, express and enforceable obligations, following the rules of execution of rulings currently in force in Colombia; and therefore this will not require to be recognized through the exequatur process in this country.
5. Any modification of the Parties to the procedures adopted and maintained by each Party in accordance with this Article that have the effect of undermining the provisions of this Article shall be deemed to be a violation of this Article. Agreement.
ANNEX 5
EXTENSION OF OBLIGATIONS
1. In the exchange of written notifications under Article 29, Canada will present in a statement a list of the provinces for which Canada will be bound to the matters within its jurisdictions. The declaration will have an effect upon the surrender to Colombia and will have no implications for the internal distribution of powers in Canada. Canada will notify Colombia six months in advance of any changes to its declaration.
2. Canada may not request the establishment of a Review Panel, under Part Three, at the request of the government of a province that is not included in the declaration drawn up in accordance with paragraph 1.
3. Colombia may not request the establishment of a panel, under Part Three, in relation to a matter of labor law of a province, unless a declaration made under paragraph 1 is included in that province.
4. No later than the date on which the panel is convened in accordance with Article 13, in relation to a matter within the scope of paragraph 3 of this Annex, Canada shall notify Colombia in writing if any recommendation of a panel in a report under Article 18 or any monetary contribution imposed by the panel under Article 20 (2), with respect to Canada should be addressed to Her Majesty representing Canada or Her Majesty representing the province in question.
5. Canada will make its best efforts so that the largest number of its provinces agree to be included in the declaration and as a consequence accept to implement the obligations of this agreement.
FOREIGN MINISTRY
DM.OAJCAT. No. 10621
Bogotá, D. C., February 20, 2009
Your Excellence:
I am pleased to address Your Excellency on the opportunity to refer to Note No 084 of 18 February 2009, in which you report that technical and translation errors have been reported in the English, French and Spanish versions of the "Labor Cooperation Agreement between Canada and the Republic of Colombia", made in Lima, Peru, on November 21, 2008. Likewise, in the aforementioned Note, considering the technical and material nature of the errors, the Republic of Colombia is proposed to be corrected as stipulated in the "ANNEX" to the aforementioned Agreement, proposed in conjunction with the aforementioned Note.
Regarding the particular, I comply with the report to His Excellency that the Government of the Republic of Colombia finds that the errors indicated are of receipt, and that the terms in which they must be corrected as it appears in the above mentioned "ANNEX" are appropriate. Consequently, your letter and the present, together with the "ANNEX" attached thereto, constitute an Agreement between our two governments, concerning the corrections of technical errors and translation in the English, French and Spanish versions of Labor Cooperation Agreement between Canada and the Republic of Colombia of 21 November 2008.
To Your Excellence
Mrs GENEVIVE DES RIVIÈRES
Ambassador of Canada Colombia
The City,
I take the opportunity to reiterate to His Excellency the assurances of my highest and distinguished consideration.
Jaime Bermudez Merizalde,
Minister of Foreign Affairs.
ANNEX B
LABOR COOPERATION AGREEMENT
BETWEEN CANADA AND THE REPUBLIC OF COLOMBIA
CORRECTIONS
Spain1 Version
Testimony Clause
When you talk about authentic texts you should say "Spanish" and not "Spanish".
Note No 084
The Embassy of Canada presents its most attentive greeting to the Honorable Foreign Ministry of the Republic of Colombia-Legal Office- and has the honor of referring to the Cooperation Agreement Labor between Canada and the Republic of Colombia, made in Lima on November 21, 2008.
The Embassy draws the attention of the Legal Office to technical and translation errors that appear in the English, French and Spanish versions of the Agreement. The corrections proposed to the texts are attached to this letter.
Given the technical and clerical nature of the errors, the Embassy would appreciate if the Legal Office agreed to introduce these corrections to the Agreement, which would be effective on the date of their Notice accepting the corrections.
The Canadian Embassy is worth the opportunity to reiterate to the Honorable Foreign Ministry of the Republic of Colombia-Legal Office- the assurances of its highest and distinguished consideration.
Bogota, 18 February 2009.
ANNEX B
LABOR COOPERATION AGREEMENT
BETWEEN CANADA AND THE REPUBLIC OF COLOMBIA
CORRECTIONS
Spanish version
Testimony Clause
When you talk about authentic texts you should say "Spanish" and not "Spanish".
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 31, 2009
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. Approve the "Agreement on Labor Cooperation between Canada and the Republic of Colombia", made in Lima, Peru, on 21 November 2008, and the " Exchange of Letters between Canada and the Republic of Colombia of 20 February 2009, by means of which they are corrected technical and material errors of the Canada-Colombia Labor Cooperation Agreement. "
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Agreement on Labor Cooperation between Canada and the Republic of Colombia", made in Lima, Peru, on 21 November 2008, and the " Exchange of Letters between Canada and the Republic of Colombia on February 20, 2009, by means of which technical and material errors are corrected from the Agreement on Labor Cooperation between Canada and the Republic of Colombia, " which, by article 1 of this law, is approved, will force the country from the the date on which the international link with respect to the link is improved.
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, the Minister of Social Protection and the Minister of Commerce, Industry and Tourism.
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of Social Protection,
Diego Palacio Betancourt.
The Minister of Commerce, Industry and Tourism,
Luis Guillermo Plata Paez.
Note No 084
The Embassy of Canada presents its most attentive greeting to the Honorable Foreign Ministry of the Republic of Colombia-Legal Office- and has the honor of referring to the Cooperation Agreement Labor between Canada and the Republic of Colombia, made in Lima on November 21, 2008.
The Embassy draws the attention of the Legal Office to technical and translation errors that appear in the English, French and Spanish versions of the Agreement. The corrections proposed to the texts are attached to this letter.
Given the technical and clerical nature of the errors, the Embassy would appreciate if the Legal Office agreed to introduce these corrections to the Agreement, which would be effective on the date of their Notice accepting the corrections.
The Canadian Embassy is worth the opportunity to reiterate to the Honorable Foreign Ministry of the Republic of Colombia-Legal Office- the assurances of its highest and distinguished consideration.
Bogota, 18 February 2009.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 31, 2009
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. Approve the "Agreement on Labor Cooperation between Canada and the Republic of Colombia", made in Lima, Peru, on 21 November 2008, and the " Exchange of Letters between Canada and the Republic of Colombia of 20 February 2009, by means of which they are corrected technical and material errors of the Canada-Colombia Labor Cooperation Agreement. "
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Agreement on Labor Cooperation between Canada and the Republic of Colombia", made in Lima, Peru, on 21 November 2008, and the " Exchange of Letters between Canada and the Republic of Colombia on February 20, 2009, by means of which technical and material errors are corrected from the Agreement on Labor Cooperation between Canada and the Republic of Colombia, " which, by article 1 of this law, is approved, will force the country from the the date on which the international link with respect to the link is improved.
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, the Minister of Social Protection and the Minister of Commerce, Industry and Tourism.
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of Social Protection,
Diego Palacio Betancourt.
The Minister of Commerce, Industry and Tourism,
Luis Guillermo Plata Paez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 31, 2009
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
ARTICLE 1o. Approve the "Agreement of Labor Cooperation between Canada and the Republic of Colombia", made in Lima, Peru, on November 21, 2008, and the " Exchange of Letters between Canada and the Republic of Colombia of 20 December 2008. February 2009, by means of which technical and material errors are corrected from the Labor Cooperation Agreement between Canada and the Republic of Colombia. "
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Agreement on Labor Cooperation between Canada and the Republic of Colombia", made in Lima, Peru, on November 21, 2008, and the "Exchange of Letters between Canada and the Republic of Colombia of 20 February 2009, by means of which technical and material errors are corrected from the Agreement on Labor Cooperation between Canada and the Republic of Colombia," which, under Article 1or this law is approved, will force the country from the date it is perfect the international link with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JAVIER CACERES LEAL.
The Secretary General of the honorable Senate of the Republic,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives,
EDGAR ALFONSO GOMEZ ROMAN.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 25 November 2009.
ALVARO URIBE VELEZ
The Foreign Minister,
JAIME BERMUDEZ MERIZALDE.
The Minister of Commerce, Industry and Tourism,
LUIS GUILLERMO SILVER PAEZ.
The Minister of Social Protection,
DIEGO PALACIO BETANCOURT.
