Through Which The "inter-American Convention To Facilitate Disaster Assistance" Approved, Adopted In Santiago, Chile, On June 7, 1991

Original Language Title: Por medio de la cual se aprueba la "Convención Interamericana para facilitar la asistencia en casos de desastre", adoptada en Santiago, Chile, el 7 de junio de 1991

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ACT 1460 2011
(June 29)
Official Gazette No. 48116 of June 30, 2011 CONGRESS OF THE REPUBLIC

Through which the "Inter-American Convention was adopted to facilitate assistance disaster ", adopted in Santiago, Chile, on June 7, 1991. Summary

Term Notes Effective Jurisprudence


THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Inter-American Convention to Facilitate Disaster Assistance", adopted in Santiago, Chile, on June 7, 1991, which reads: || | (to be transcribed: photocopy of the full text of that instrument, duly authenticated by the Coordinator of the Treaty is attached).
BILL NUMBER 107 OF 2009 SENATE
through which the "Inter-American Convention to Facilitate Disaster Assistance" approved, adopted in Santiago, Chile, on June 7, 1991. || | the Congress
having regard to the text of the "Inter-American Convention to facilitate Disaster assistance", adopted in Santiago, Chile, on June 7, 1991, which reads:
( to be transcribed: photocopy of the full text of that instrument, duly authenticated by the Coordinator of the Treaties) is attached.
INTER-AMERICAN CONVENTION TO FACILITATE DISASTER ASSISTANCE IN

Preamble CONSIDERING the frequency of disasters, disasters and other calamities that destroy life and threaten the safety and property of the inhabitants of the American continent occur;
BEARING IN MIND the high sense of cooperation that encourages states in the region respond to events that affect the welfare of the peoples of the continent;
CONVINCED that the human suffering caused by these disasters can be relieved more effectively and immediately if such cooperation dispusiera an instrument to facilitate and regulate international procedures for providing assistance in such cases;
Aware that a true spirit of solidarity and good neighborliness between the American States has manifested disaster and that spirit can be strengthened through a preparation that allows act more effectively,
STATES PARTIES have agreed the following:
ARTICLE I. APPLICABILITY.
A) This Convention shall apply where a State party to assist in response to a request from another State Party, unless otherwise agreed otherwise.
B) For purposes of this Convention, the acceptance of a State Party to the offer of assistance from another State Party shall be treated as a request for assistance.
ARTICLE II. APPLICATIONS, offers and acceptance ASSISTANCE.
A) Requests for and offers and acceptance of assistance, led by a State party to another shall be transmitted through diplomatic channels or the National Coordinating Authority under the circumstances.
B) The assisting state to a disaster occur will consult with the assisted state to receive this latest information about the type of assistance considered most appropriate to provide the affected populations as a result of the disaster.
C) In order to facilitate the provision of assistance, States Parties which have accepted it shall promptly notify their competent national authorities and / or the National Coordinating Authority to grant the necessary facilities to the assisting state, according to this Convention.
ARTICLE III. AUTHORITY NATIONAL COORDINATOR.
A) For the purposes of Article II, each State Party shall, in accordance with its domestic law, a National Coordinating Authority, which will, among others, the following functions:
i) Transmit, when out of the case, requests for assistance and receive offers from other States Parties.
Ii) coordinate assistance within its national jurisdiction, under the terms of Article IV of this Convention.
B) Each State Party shall notify the General Secretariat of the Organization of American States, as soon as possible, the designation of its National Coordinating Authority.
C) The President of the Inter-American Committee for Emergency Assistance of the Organization of American States shall coordinate cooperation between the Committee and the National Coordinating Authorities of States Parties.

D) Occurred a disaster in a State Party, to the first official contacts between the State and the President of the Inter-American Committee for Emergency Assistance, or its representative functions established, the latter will offer the stricken state his services alert the Coordinator of the United Nations Disaster Relief.
E) The General Secretariat shall notify the States Parties of the appointment of the National Coordinating Authorities, and on these changes communicated by the States Parties. Similarly, the General Secretariat shall circulate periodically a newsletter about the organization, functions, procedures and working methods of the National Coordinating Authorities.

ARTICLE IV. MANAGEMENT AND CONTROL OF ASSISTANCE.
A) Except as otherwise provided, the overall responsibility for the direction, control, coordination and supervision of assistance agreed, within its territory, it will be the assisted state.
B) When the assistance includes personnel, the assisting state shall appoint, in consultation with the assisted state, the person who will be responsible for direct operational supervision of the personnel and equipment provided. The designated person shall exercise such supervision in coordination with the relevant authorities of the assisted state.
C) Unless otherwise agreed, the assisted state shall provide, to the extent of their capacity, local facilities and services for the proper and effective administration of the assistance. He also made every effort to protect personnel, equipment and materials brought into its territory for this purpose by the assisting state or on his behalf.
ARTICLE V. conveyances, equipment and supplies.
The means of transport, equipment and supplies fully identified and sent by states parties for assistance purposes may enter, move and leave the territory of the assisted state. They may also transit through the territory of States Parties that must cross to provide the assistance. In the cases referred to above will be exempt from paying taxes, fees or any other taxes. Similarly, in the above cases, the assisted state or transit shall use their best efforts to expedite or possibly dispense with customs formalities, and to facilitate the transit of such means of transport, equipment and supplies. Also in both cases, the restricted areas to the assisted state or the transit State determines, in accordance with Article VIII shall be respected.

ARTICLE VI. ACCESS ROADS AND TRANSIT.
The assisted state shall have the right to designate the access routes and places of final destination of transportation, equipment and supplies. The transit State shall also have the right to designate the transit routes of these means of transport, equipment and supplies.
ARTICLE VII. PERSONAL.
A) staff assisting state, hereinafter referred to as "personal distress", you may enter, pass through and leave the territory of the assisted state and the transit State that is party to this Convention, as necessary to fulfill its mission . For this purpose, each State Party shall provide such personnel with the necessary immigration documents and facilities, under the law of that State.
B) The assisting state and the assisted state shall make every effort to provide staff for help documentation or other means by which to identify them as such.
ARTICLE VIII. RESTRICTED AREAS.
States Parties, in implementing this Convention shall respect any restricted areas so designated by the assisted state.
ARTICLE IX. STATE SUPPORT assisted.
The assisted state shall endeavor to provide the necessary support staff for help, advice and relevant information and, if necessary, translation and interpretation.
ARTICLE X. RISKS.
States parties furnishing assistance shall make every effort within its power to do so skillfully and to prevent negligence, without implying a guarantee that no damage will occur.
ARTICLE XI. PERSONAL PROTECTION RELIEF.
A) Assistance personnel has been duly notified and accepted the assisted state by this and by the respective National Coordinating Authorities will not be subject to criminal, civil or administrative aided by state-related assistance acts .
B) The provisions of subsection (a) shall not apply to acts unrelated to the provision of assistance or, in civil or administrative actions, to willful misconduct or gross negligence.

C) The State assisted, in accordance with its domestic law, may extend the treatment prescribed in subsection (a) of this Article to its nationals or permanent residents who are part of the assistance personnel.
D) Assistance personnel have the duty to respect the laws and regulations of the assisted state and the transit States. Assistance personnel shall refrain from carrying out other incompatible with such laws or with the provisions of this Convention or political activities.
E) Judicial actions brought against assistance personnel or against the assisting state shall be known and may be settled in the courts of the assisted state.

ARTICLE XII. COMPLAINTS AND INDEMNITY.
A) The assisted state waives any claim for damages that may arise against the assisting state or the assistance personnel as a result of the provision of assistance.
B) The assisted state shall substitute for the assisting state and relief personnel in the event of claims for damages arising from compliance with the provision of assistance that might be brought against assisting state or the assistance personnel by third parts.
C) This section shall not apply to acts unrelated to the provision of assistance or to willful misconduct or gross negligence.
D) The assisting state and the assisted state to be affected cooperate closely to facilitate the resolution of claims or legal proceedings referred to in this article.
E) The assisted state may take out insurance to cover the alleged damages arising from the assisting state or the assistance personnel.

ARTICLE XIII.
The provisions of Articles XI and XII may be modified by express agreement between the assisting state and the assisted state.
ARTICLE XIV. COSTS.
Except as provided in Articles IX and XII, the assistance shall for the State to provide the assistance without cost to the assisted state, except otherwise agreed.
ARTICLE XV. RELATIONSHIP AGREEMENTS WITH EXISTING.
In case of discrepancy between this Convention and other international agreements that are part of the assisting state and the assisted state prevail provision to facilitate more extensively disaster relief and promote the support and protection personnel providing such help.
ARTICLE XVI. GOVERNMENTAL AND NON-GOVERNMENTAL ORGANIZATIONS.
A) governmental organizations providing assistance in disaster may, with the consent of the State aids do, eligible mutatis mutandis to the provisions of this Convention.
B) States and international governmental organizations that provide assistance may include in their relief missions to private, natural or legal persons or international non-governmental organizations; these people will benefit from the protection afforded by this Convention.
C) A State Party requesting assistance may, by agreement with a non-governmental, national or international organization, to implement the provisions of this convention staff of the organization, provided that such personnel will not be automatically applicable paragraph (a) of Article XI.
D) The agreements referred to in paragraphs (a) and (c) of this article have no effect on third States.

ARTICLE XVII. FIRM.
The present Convention shall be open for signature by Member States of the Organization of American States.
ARTICLE XVIII. RATIFICATION.
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
ARTICLE XIX. ACCESSION.
This Convention is open to accession by any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
ARTICLE XX. RESERVATIONS.
States Parties may make reservations to this convention at the time of approval, signature, ratification or accession, provided they are not incompatible with the object and purpose of the Convention and relate to one or more specific provisions.
Article XXI. ENTRY INTO FORCE.

This Convention shall enter into force on the thirtieth day after the date on which the deposit of the second instrument of ratification. For each State ratifying or acceding to it after the deposit of the second instrument of ratification of the Convention, the Convention shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification or accession.
ARTICLE XXII. VALIDITY.
This Convention shall remain effective indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, counted from the date of deposit of the instrument of denunciation, the convention shall cease to have effect for the denouncing State, but shall remain in force for the other States Parties.
ARTICLE XXIII. DEPOSIT, REGISTRATION, PUBLICATION AND NOTIFICATION.
The original instrument of this Convention, the texts in Spanish, French, English and Portuguese languages ​​are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of your text for registration and publication to the Secretariat of the United Nations in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of this Organization and the states that have acceded to the Convention of the signatures and deposits of instruments of ratification, accession and denunciation, as well as the reservations any. I
certify that the foregoing document is a true and exact copy of the authentic Spanish text of the Inter-American Convention to Facilitate Disaster Assistance, adopted in Santiago, Chile, on June 7, 1991, in the Twenty-First Ordinary Period Session of the General Assembly; and that instrument is deposited in the G eneral Secretariat of the Organization of American States.
April 24, 1992. I hereby certify
the foregoing document is a true and faithful copy of the authentic text in Inglés of the Inter-American Convention to Facilitate Disaster Assistance, ADOPTED at Santiago, Chile, on June 7 1991, at the twenty-first Regular Session of the General Assembly of the Organization of American States, and the above Mentioned That instrument is on deposit With the General Secretariat of the Organization of American States.
April 24, 1992
certify that previous document or true copy é and do Exata authentic text in Portuguese gives Inter Convenção to facilitate assistência em disaster or referred ENCONTRA-se na instrument deposited Secretary-Geral da Organização two American States.
April 24, 1992
Je certifie that le texte qui est une copie Precede conformal Fidele et authentique version française de la Convention interaméricaine visant to faciliter l "apport d" dans les cas assistance of catastrophes; et que l 'est depose susmentionné instrument Deposited Secretariat général de l' Organisation des Etats Américains.

Le 24 april 1992 For the Secretary General, the Secretary General

For Hair Secretário-Geral Pour Le Secrétaire général

Hugo Caminos.
Secretary for Legal Affairs Secretary for Legal Affairs
General Secretariat of the OAS Secretary-Geral da
OAS Assistant Secretary for Legal Affairs Sous-secrétaire aux questions juridiques
OAS General Secretariat Secrétariat général de l 'OAS
EXPLANATORY STATEMENT. Honorable Senators and Representatives
:
On behalf of the Government, and in accordance with Articles 150, paragraph 16; 189, paragraph 2 and 224 of the Constitution of Colombia, presented for consideration by the honorable Congress, the bill, through which the "Inter-American Convention to Facilitate Assistance Disaster" is approved, adopted in Santiago, Chile, on 7 June 1991. preliminary considerations

in 1989, Resolution No. 44-236, the United Nations General Assembly, established the International Programme entitled "International Decade for a resolution Natural Disaster "- IDNDR.
This program was implemented from January 1, 1990 until December 31, 1999 and sought to promote global awareness of the concepts of prevention and disaster relief with emphasis on the application of science and technology, and improve the capacity of each country to reduce the risks and warning systems adopt regional, national and local, with the help of international cooperation. "1

However, the Inter-American Convention is an advance of such agreements for the prevention and disaster relief, adopted in the Ordinary Session of the General Assembly of the OAS in 1991. It has the force of law: Panama ratified on 15 September 1995, Peru on September 16, 1996 and Uruguay on 14 January 2000. Colombia only signed. With this project, Colombia expects approval of the Convention with a view to its early ratification on international level for entry into force and allows implementation and the achievement of its objectives.
The ratification of this convention is part of a group of cooperation agreements that Colombia has signed with other countries in the region on the issue of disasters with the aim of establishing suitable bases assistance, especially with the countries of Latin America, and the Caribbean.
Also, it notes that "the Colombian policy is aimed at promoting the strengthening of institutions with emphasis on planning, development, promotion of regional cooperation and exchange of experience and knowledge of science and technology, to prevent disasters by developing programs and projects of international cooperation "in February, among other actions.
The Inter-American Convention keeps the spirit of reciprocity and management of natural risks in line with the objectives and guidelines of the United Nations and OAS, which promote the articulation of systems and agreements related to prevention and care of disasters among developing countries and mechanisms that facilitate and strengthen solidarity among countries of the region.
Indeed, this Convention constitutes a framework of singular importance to promote mutual assistance and the provision of effective and immediate mutual assistance for countries. This instrument will help to develop policies which have undertaken States from the International Decade for Disaster Reduction in the 90s, through the International Strategy for Disaster Reduction and the two World Conferences on the subject.
Declaration and the "Hyogo Framework for Action 2005-2015" was adopted at the Second World Conference on Disaster Reduction in Kobe, Japan. The conference urged countries to develop and promote national and regional initiatives to strengthen partnerships against disasters.
The Hyogo Framework is a source of policy advice to States seeking to reduce the loss of life and the social, economic and environmental disaster assets originate in countries and communities. That's why the world community needs to unite their efforts to fight poverty, environmental degradation and lack of a culture and preparedness vulnerability and Disasters3.
Structure and scope of the convention
The Convention comprises a preamble in which the importance of solidarity between states in the region to be granted to a State which has suffered so much human and material losses because of registers natural disasters. This convention invites States to engage and give assistance in such cases.
It also includes 23 items which should be highlighted: Article I
corresponding to the applicability of the convention is to say that this will be applied "when a State party to assist in response to a request from another State Party, unless otherwise agreed. "
From Article II to the Convention Article XVI provides: the request for assistance from the assisted state and the assisting state; the designation of a National Coordinating Authority in accordance with the laws of each State Party whose scope will direct, control, monitor, transmit and coordinate assistance within its territory; provide equipment, transportation, supplies, and human resources by the assisting state for assistance for damages caused by the disaster; provide the State Helper indicating access roads and transit to final destinations and respect the restricted areas designated by the assisted state.
It also provides that the assisted state provide the necessary support personnel of the assisting state aid; that "staff assistant country will be carrying documents identifying him as such, provided by the two countries concerned. The state assisted provide guidance and information, and if necessary, the translation service.

The support staff will not be subject to administrative, civil or criminal jurisdiction of the country assisted by acts connected with the provision of assistance in such a case will be forwarded to the country of residence. " It also refers to the protection that provide the assisted duly notified to the staff assisting state State; the possibility of governmental International Organizations of "eligible mutatis mutandis to the provisions of the Convention and eventually incorporate private, natural or legal persons or non-governmental organizations that can provide assistance, which will also benefit from the protection of the Convention".
The assistance will be at no cost to the Assisted State, unless otherwise agreed ".
Finally, "the existence of any discrepancy between the Convention and other international agreements to which both are parties assisting state and the assisted state shall prevail provision to facilitate more extensively disaster relief and promotes support and protection personnel providing such assistance. "
Notably, Article X, which indicates that "States parties furnishing assistance shall make every effort within its power to skillfully and to prevent negligence, without implying a guarantee that no damage will occur.
Article XII which states that the assisted state waives any claim for damages that may arise against the assisting state or the assistance personnel as a result of the provision of aid is also highlighted.
Articles XVII to XXIII relate to procedures for signature, ratification and accession and the possibility of making reservations to the Convention. Also it includes provisions concerning entry into force, the deposit, registration, publication and notification of it. Final considerations

The ratification of this instrument is of utmost importance as it contributes to foster partnerships through cooperation agreements and other actions that respond to the risks and threats that destroy life and affect safety and property of the inhabitants of the American continent due to natural or anthropogenic phenomena.
The international community has accompanied various processes in the construction of mechanisms that help the development of the objectives of Committees as the "CAPRADE" CEPREDENAC and CDERA, regional mechanisms contributing to policy development in the Prevention and Attention of Disasters.
The Government of Colombia expressed interest in promptly ratify this Convention because of its importance in the hemisphere in accordance with the commitments made by member countries in their CAPRADE IX and X Regular Meeting respectively. It is suitable for Colombia's ratification of this instrument which would contribute to the strengthening of solidarity between countries and regions in America, as well as facilitating the processes that make it more efficient and effective international aid at critical times as a result of a natural phenomenon endanger property and lives of people.
It reiterates that Colombia is highly desirable and necessary to exhaust the process of approval and constitutional review, to finally proceed to ratify the Convention at the international level; instrument that is in line with recent events such as hurricanes, earthquakes, landslides, floods, droughts, which generate huge losses of life and property which in turn have affected the economic and social development of Latin America and the Caribbean .
For the foregoing the National Government, through the Minister of Interior and Justice and the Minister of Foreign Affairs requests the honorable Congress of the Republic approved the "Inter-American Convention to Facilitate Disaster Assistance", adopted in Santiago, Chile, on June 7, 1991.
of the honorable Congressmen,

LAW 424 1998 (January 13)
why monitoring international agreements signed by Colombia is ordered .

The Congress of Colombia DECREES: Article 1.
. The National Government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States.
Article 2.
. Each branch of the National Government responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Second Committees.
Article 3o. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate.
AMILKAR ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.

Ernesto Samper Pizano Minister of Foreign Affairs, Emma Mejia Velez
Maria. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, December 4, 2007. Approved
. Submit to the Congress of the Republic for constitutional purposes.
(Signed)
The Alvaro Uribe Foreign Minister,
(Sgd.) Fernando Araújo Perdomo.
DECREES: Article 1.
. Approval of the "Inter-American Convention to Facilitate Assistance in bag", adopted in Santiago, Chile, on June 7, 1991. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Inter-American Convention to Facilitate Assistance Disaster", adopted in Santiago, Chile, on June 7, 1991, that article 1 of this law is passed, it will force the country from the date the international link regarding the same is perfected.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, honorable
Presented to Congress by the Minister of Interior and Justice and the Minister of Foreign Affairs. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, December 4, 2007. Approved
. Submit to the Congress of the Republic for constitutional purposes.
(Signed)
The Alvaro Uribe Foreign Minister,
(Sgd.) Fernando Araújo Perdomo.
DECREES: Article 1.
. Approval of the "Inter-American Convention to Facilitate Assistance in bag", adopted in Santiago, Chile, on June 7, 1991. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Inter-American Convention to Facilitate Assistance Disaster", adopted in Santiago, Chile, on June 7, 1991, that article 1 of this law is passed, it will force the country from the date the international link regarding the same is perfected.
Article 3o. This law applies from the date of publication.
The President of the honorable Senate, Armando Benedetti
Villaneda.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable Chamber of Representatives,
CARLOS ALBERTO DIAZ ZULUAGA.
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 June 29, 2011.

CALDERON JUAN MANUEL SANTOS Minister of Interior and Justice,
Vargas Lleras.
The Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.


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