Key Benefits:
LAW 1456 OF 2011
(June 29)
Official Journal No. 48.116 of 30 June 2011
CONGRESS OF THE REPUBLIC
By means of which the "Agreement on Cultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic", signed in Lisbon, is approved on 8 January 2007.
COLOMBIA CONGRESS
Having regard to the text of the "AgreementCultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic" signed in Lisbon on 8 January 2007, which reads:
(To be transcribed: A faithful and complete photocopy of the text in Spanish, of the aforementioned Agreement, is attached, taken from the original text that rests in the archives of the Legal Office of the Ministry of Foreign Affairs, which consists of six (6) foles).
2009 BILL 104 PROJECT
by means of which the "Agreement on Cultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic", in Lisbon, is approved on 8 January 2007.
The Congress of the Republic
Having regard to the text of the "AgreementCultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic" signed in Lisbon on 8 January 2007, which reads:
(To be transcribed: A faithful and complete photocopy of the text in Spanish, of the aforementioned Agreement, is attached, taken from the original text that rests in the archives of the Legal Office of the Ministry of Foreign Affairs, which consists of six (6) foles.
CULTURAL AND EDUCATIONAL COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF COLOMBIA AND THE PORTUGUESE REPUBLIC
The Republic of Colombia and the Portuguese Republic, hereinafter referred to as the "Parties",
INSPIRED, by the common desire to establish and develop cultural and educational cooperation between the two countries and to promote the exchange of cultural activities and traditions, respecting cultural diversity and the free expression of their villages;
CONVINCED that exchange and cooperation in these fields, as well as in other areas, will contribute to a better mutual understanding and understanding between the Colombian people and the Portuguese people,
AGREE the following:
EDUCATION
ARTICLE 1o. COOPERATION IN THE AREA OF EDUCATION.
Both Parties shall promote and develop cooperation in the field of non-higher education, primarily through:
a) Exchange of information and documentation, educational material, including audiovisual material, on the educational systems of the two countries;
b) Exchange of experiences in the fields of education;
c) Development of contacts between non-higher education establishments and other educational organizations contributing to the development of common projects.
ARTICLE 2o. RECOGNITION OF NON-HIGHER EDUCATION RATINGS.
Both sides will discuss the possibilities for reciprocal recognition of equivalences, certificates, qualifications and diplomas issued by non-higher education establishments in each country.
HIGHER EDUCATION
ARTICLE 3o. LANGUAGE AND CULTURE
The Parties will encourage the teaching of the respective language and culture in higher education institutions through the training of teachers and researchers.
Parties will stimulate:
(a) The award of study grants for academic or research, technological and scientific programs, at the level of specialization, mastery and doctorate, within their possibilities, in areas of interest to both countries;
b) Support for the development of joint projects related to the education systems of the two countries;
c) The promotion of the exchange of experiences, knowledge and technical assistance, through visits, short stays, courses and seminars, to support researchers, specialists and university professors;
d) The establishment of contacts between institutions of higher education and scientific research, with the aim of defining and performing various forms of mutual collaboration.
ARTICLE 5o. RECOGNITION OF ACADEMIC YEARS, TITLES AND ACADEMIC CERTIFICATES
Each Party shall determine, in accordance with the internal legislation in force, the methods and conditions for the recognition of school years, diplomas and other certificates, obtained in the territory of the other Party, principally in the field of granting of equivalences of studies at the various levels of education.
CULTURE
Each Party shall encourage the dissemination of art and culture of the other Party by means of:
a) Realization of Art and Cultural Heritage exhibitions;
b) Exchange of artists, folk, dance and theatre groups, musicians, composers, filmmakers, writers and poets;
c) Exchange of cultural publications, multimedia products, and radio and television programs;
d) Promotion of translations and editions of literary and artistic works;
e) Cooperation, and exchange of experiences between cultural associations, culture houses, documentation centers, libraries, archives and museums,
f) Participation in conferences, film festivals, youth meetings, book fairs and other cultural events;
g) Development of the exchange of experiences in the areas of crafts and cultural goods and services;
h) Support for the promotion of joint cultural development projects;
i) Exchange of visits and short stays by artists and cultural managers.
ARTICLE 7o. COPYRIGHT AND RELATED RIGHTS
Each Party undertakes to protect and guarantee the copyright and related rights in its territory, in accordance with the respective legislation and with the international conventions in which it is a Party.
ARTICLE 8o. SAFEGUARDING NATIONAL CULTURAL HERITAGE
Each Party shall take all necessary measures to prevent the illicit import, export and circulation of goods belonging to its National Cultural Heritage, according to the respective legislation and international conventions, and other legal acts linking them.
ARTICLE 9o. ACCESS AND EXIT FACILITIES FOR PEOPLE AND GOODS
Each Party shall, according to the respective legislation, study the possibility of granting to the other Party all the facilities necessary for the entry and stay of persons, as well as for the importation of material and equipment for purposes non-commercial, within the framework of the Cooperation Programmes established in the sequence of the conclusion of this Agreement.
YOUTH AND SPORT
The Parties shall encourage cooperation and exchange between the respective institutions and organisations in the fields of Youth and Sport.
GENERAL PROVISIONS
ARTICLE 11. OTHER FORMS OF COOPERATION
The cooperation provided for in this Agreement may be developed through cooperation protocols, to be concluded between the relevant institutions.
For the purposes of this Agreement, a Joint Committee, composed of representatives appointed by both Parties, shall be constituted with the aim of establishing multiannual programmes, with a view to the development of cultural cooperation and determine the financial means necessary for its implementation. To this end, account shall be taken of the prior budget reserve of the executing entities, designated by each Party, in accordance with the respective domestic laws in force. The Joint Committee shall meet, in turn, in Portugal and in Colombia at least once every three years.
ARTICLE 13. PARTICIPATION IN OTHER INTERNATIONAL CONVENTIONS
This Agreement shall not prejudice the rights and obligations resulting from other International Conventions that bind the Parties.
FINAL PROVISIONS
ARTICLE 14. DISPUTE RESOLUTION
Any dispute concerning the interpretation or application of this Agreement shall be settled by diplomatic means.
This Agreement shall enter into force thirty days after the date of receipt of the last notification, in writing and by diplomatic means, that all the requirements of the Parties ' internal law, necessary for this Agreement, have been met. effect.
1. This Agreement may be reviewed at the request of either Party.
2. The amendments shall enter into force in the terms provided for in Article 15 of this Agreement.
ARTICLE 17. VALIDITY AND COMPLAINT.
1. This Agreement shall be valid for a period of five years, renewable automatically for equal periods, except if any of the Parties denounces it in writing and by diplomatic means, at least six months in advance, before the end of the each period.
2. In the event of a complaint, any cooperation, exchange, plan or project programme shall remain in operation until its conclusion.
IN FE OF THE ABOVE, the undersigned, duly authorized, sign this Agreement.
Signed in Lisbon, on January 8, 2007, in two original copies, in Portuguese and Spanish, both texts being equally valid.
By the Republic of Colombia,
Maria Consuelo Araujo,
Minister of Foreign Affairs.
By the Portuguese Republic,
Luis Filipe Marques Amado,
Minister of State and Foreign Affairs.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., October 10, 2007
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Fernando Araujo Perdomo.
DECRETA:
Article 1o. Approve the " AgreementCultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic, signed in Lisbon on 8 January 2007,
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " AgreementCultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic, signed in Lisbon on 8 January 2007, which by Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a los
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs, the Minister of National Education and the Minister of Culture.
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of National Education,
Cecilia Maria Velez White.
The Minister of Culture,
Paula Marcela Moreno.
REASON EXPOSURE
Honorable Senators and Representatives:
On behalf of the National Government, in compliance with articles 189 numeral 2, 150 numeral 16 and 224 of the Political Constitution, we present to the honorable Congress of the Republic the Bill of Law through which the "Agreement of Cultural and Educational Cooperation" is approved between the Republic of Colombia and the Portuguese Republic, signed in Lisbon on 8 January 2007.
I. GENERAL CONSIDERATIONS
the historic process of relations between Colombia and Portugal, the two countries have sought to maintain a dynamic attitude and a fluid dialogue at political, economic, and commercial levels. For Colombia, Portugal is the eighth trading partner of the Member States of the European Union in terms of exports. In the last year there has been a trend in the increase in bilateral trade figures, due to the significant increase in Colombian imports from that country.
In the area of International Cooperation, both countries signed an agreement on scientific and technical cooperation on May 28, 1988, and this is being reiterated by Colombia at the recent Ibero-American Summit in November 2007. to obtain Portuguese cooperation on the lines of the Colombian Strategy for International Cooperation, translated into the Millennium Development Goals; the fight against the global drug problem and the protection of the environment; and democratic governance, lines that to some extent coincide with the sectors or areas of cooperation provided for in the 1988 Convention.
At the multilateral level, it is worth noting that Portugal is a great ally in the negotiations that the CAN-EU Association Agreement requires, and it also has the willingness to strengthen the South-South Horizontal Cooperation in Latin America, in the It has been one of the priorities for Portugal to devote more attention to Latin America, where there is already an intense relationship with Brazil.
this context, Colombia enthusiastically sees the need to strengthen the exchange of experiences with Portugal in the cultural and educational area, all under a criterion of correspondence, generating spaces for mobility and exchange of experiences and information, as well as the transfer of experts in the various areas on the subject.
I. STRUCTURE AND IMPORTANCE OF AGREEMENT
The Agreement consists of a preamble and seventeen articles. In the preamble, the firm aim is to formally institutionalize the cooperation in cultural and educational fields, in the understanding that this commitment will strengthen the bonds of friendship between the two countries. the two governments and better knowledge and mutual understanding between the Colombian people and the Portuguese people, respecting their cultural diversity and their free expression.
The paragrafs or substantive clauses contained therein provide for joint programs of exchange in education and culture on the basis of reciprocity and mutual benefit.
Within the various pronouncements that this Agreement highlights, the Parties ' strong interest in executing and promoting through the exchange of experiences, promotion and cooperation each of their values in the educational and educational areas is necessary. cultural.
The most relevant aspects of this Agreement given to the honourable Senators and Representatives are as follows:
1. In articles 1or and 2or both governments are willing to exchange information and experiences with institutions of Higher Education, as well as study the feasibility of giving recognition and approval of diplomas awarded in both countries.
2. At the level of Higher Education, articles 4or and 5or focus on disseminating language and culture teaching, the granting of study grants in areas of interest for both Parties, as well as training through courses and seminars, of researchers; the exchange of specialists and university professors, all this related to the recognition of certificates and academic degrees obtained in the territory of the other Party. At the same time, article 10 encourages cooperation between specialized institutions in the fields of youth and sport.
3. In the areas of Art and Culture the article 6or requires a very complex interaction in the sense that comprises multiplicity of opportunities expressed in the realization of art exhibitions, exchange of dance groups, theatre, artists and publications in both literary and multimedia formats with their corresponding translations, and material that rests on archives, libraries and museums. It is also worth noting the active presence and participation of the two countries in cultural events such as festivals and book fairs or specific exhibitions, as it could be in the crafts sector.
4. Without being less important, the articles 7or 8or let us see clear a strong mutual commitment to protect and guarantee copyright in the territory of the two countries, as well. to prevent the import, export and illicit circulation of goods belonging to the respective cultural heritage of both nations.
5. In the light of the exchange agreement provided for in the above mentioned articles, Article 9or the two governments consider it possible to grant all the facilities for the entry and stay of persons, as well as for the importation of material and equipment for non-commercial purposes.
6. In order to implement the Agreement that is the subject of this analysis, Article 12 provides for the establishment of a Joint Commission, made up of representatives of both countries, with the firm intention of implementing the agreement. multi-annual programmes leading to the development of concrete actions in the field of education and culture. On the other hand, the instrument clearly states that the costs of cooperation and education activities will be financed and determined by each other and subject to the availability of resources.
7. Articles 14 to 17 deal with issues related to the settlement of disputes arising out of the interpretation or execution of the Agreement; in force; in the manner in which it may be revised or amended and of how its amendments enter into force; on the denunciation or termination of the amendment and its effects on the programmes and projects in progress.
in the national interest, the clauses of this international instrument, aimed at making them effective, in the fields of education and culture, the development of the Colombian people, and the good relations between the two countries. It is also worth highlighting the importance of the Portuguese experience in cultural matters, particularly in the cultural heritage aspects, as a strategic element for the strengthening of the Colombian cultural system.
For the reasons stated, the National Government, through the Minister of Foreign Affairs and the Ministry of National Education and Culture, presents and requests the honorable National Congress to approve the " Agreement on Cultural Cooperation and Education between the Republic of Colombia and the Portuguese Republic, signed in Lisbon on 8 January 2007.
Of the honorable Senators and Representatives,
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of National Education,
Cecilia Maria Velez White.
The Minister of Culture,
Paula Marcela Moreno.
1998 424 LAW
(January 13)
by which the follow-up to the International Conventions signed by Colombia is ordered.
The Congress of Colombia
DECRETA:
Article 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty days of the legislative period, which begins every 20 years. July, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
Article 2o. Each dependency of the national government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the Ministry of Foreign Affairs. Second.
Article 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate of the Republic,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate of the Republic,
Pedro Pumarejo Vega.
The President of the honorable House of Representatives,
Carlos Ardila Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
Maria Emma Mejia Velez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., October 10, 2007
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
(Fdo.) The Foreign Minister,
Fernando Araujo Perdomo.
DECRETA:
Article 1o. Approve the " AgreementCultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic, signed in Lisbon on 8 January 2007.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " AgreementCultural and Educational Cooperation between the Republic of Colombia and the Portuguese Republic, signed in Lisbon on 8 January 2007, which by Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
ARMANDO BENEDETTI VILLANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
CARLOS ALBERTO ZULUAGA DIAZ.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon review of the Constitutional Court, pursuant to Article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on June 29, 2011.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Education,
MARIA FERNANDA CAMPO SAAVEDRA.
