Key Benefits:
LAW 1460
(June 29)
Official Journal No. 48.116 of 30 June 2011
CONGRESS OF THE REPUBLIC
By means of which the "Inter-American Convention to facilitate assistance in cases of disaster" is adopted, adopted in Santiago, Chile, on June 7, 1991.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Inter-American Convention to facilitate assistance in cases of disaster", adopted in Santiago, Chile, on June 7, 1991, which reads:
(To be transferred: photocopy of the full text of the International Instrument mentioned, duly authenticated by the Coordinator of the Area of Treaties).
SENATE BILL NUMBER 107 OF 2009 SENATE
by means of which the "Inter-American Convention to facilitate assistance in disaster cases" is approved, adopted in Santiago, Chile, on June 7, 1991.
The Congress of the Republic
Having regard to the text of the "Inter-American Convention to facilitate assistance in cases of disaster", adopted in Santiago, Chile, on June 7, 1991, which reads:
(To be transferred: photocopy of the full text of the International Instrument mentioned, duly authenticated by the Coordinator of the Area of Treaties).
INTER-AMERICAN CONVENTION TO FACILITATE DISASTER ASSISTANCE
Preamble
WHEREAS disasters, catastrophes, and other life-destroying calamities often occur and threaten the security and property of the people of the American continent;
BEARING IN MIND the high sense of cooperation that animates the States of the region in the face of such facts affecting the well-being of the peoples of the Continent;
CONVINCED that the human suffering caused by these calamities can be alleviated more effectively and immediately if such cooperation is an instrument that will facilitate and regulate international procedures for the provision of assistance in such cases;
CONSCIOUS that a true spirit of solidarity and good neighbourliness among the American States has manifested itself in cases of disaster and that this spirit can be strengthened by a preparation that will enable more effective action,
THE PARTES STATES have agreed to the following:
(a) This Convention shall apply when a State Party provides assistance in response to a request from another State Party, unless otherwise agreed.
(b) For the purposes of this Convention, the acceptance of a State Party to the offer of assistance by another State Party shall be deemed to be an application for assistance.
ARTICLE II. REQUESTS, OFFERS AND ACCEPTANCES OF ASSISTANCE
(a) Applications, offers and acceptances of assistance, directed by one State Party to another shall be transmitted by diplomatic channels or by the National Coordinating Authority in accordance with the circumstances.
(b) The assisting State in the event of a disaster will maintain consultations with the assisted State in order to receive from the latter information on the type of assistance deemed most appropriate to provide to the affected populations as a result of This disaster.
(c) In order to facilitate the provision of assistance, the States Parties that accept it shall promptly notify their competent national authorities and/or the National Coordinating Authority to grant the facility of the case to the Assisting state, in accordance with this Convention.
ARTICLE III. COORDINATING NATIONAL AUTHORITY
(a) For the purposes of Article II, each State Party shall designate, in accordance with its internal legislation, a National Coordinating Authority, which shall have, inter alia, the following functions:
i) To transmit, where applicable, requests for assistance and to receive offers from other States Parties.
ii) Coordinate assistance within its national jurisdiction, in 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, of the designation of its respective National Coordinating Authority.
(c) The Chair of the Inter-American Committee on Emergency Assistance of the Organization of American States shall coordinate the cooperation of the Committee with the National Coordinating Authorities of the States Parties.
d) A disaster in a State Party, establishing the first official contacts between that State and the President of the Inter-American Emergency Assistance Committee, or its acting representative, the latter offer the State concerned its services to alert the United Nations Disaster Relief Coordinator.
e) The General Secretariat shall notify the States Parties of the designation of the National Coordinating Authorities, and of any changes made to them by the States Parties. The General Secretariat shall also periodically circulate an information bulletin on the organization, functions, procedures and working methods of the National Coordinating Authorities.
ARTICLE IV. MANAGEMENT AND CONTROL OF ASSISTANCE.
(a) Unless otherwise agreed, the general responsibility for the management, control, coordination and supervision of the assistance, within its territory, shall be the responsibility of the assisted State.
(b) When the assistance includes personnel, the assisting State shall designate, in consultation with the assisted State, the person who will be in charge of the direct operational supervision of the staff 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 its capacity, local facilities and services for the appropriate and effective administration of the assistance. It shall also make every effort to protect the staff, equipment and materials taken to its territory for such purposes by the assisting State or on behalf of its staff.
ARTICLE V. TRANSPORTATION, EQUIPMENT, AND SUPPLIES
The means of transport, equipment and supplies, duly identified, sent by the States Parties for assistance activities may enter, transit and leave the territory of the assisted State. They may also transit through the territory of the States Parties which must cross for the benefit of the aid. In the cases referred to above, they will be exempt from paying taxes, fees or any other taxes. In the same way, in the cases mentioned above, the State assisted or the transit State will make its best effort to expedite or in its case to dispense customs formalities, and to facilitate the transit of such means of transport, equipment and supplies. Also, in both cases, the restricted areas that the aided State or the State of transit determine, in accordance with the provisions of Article VIII, shall be respected.
ARTICLE VI. PATHS AND TRANSIT PATHS.
The assisted state shall have the right to indicate the access routes and the final destination of the means of transport, equipment and supplies. The State of transit shall also have the right to indicate the transit routes of such means of transport, equipment and supplies.
(a) The staff of the assisting State, hereinafter referred to as "aid personnel", may enter, transit and leave the territory of the State of assistance and the State of transit that is part of this Convention, as necessary to fulfil its obligations. mission. For these purposes, each State Party shall provide such personnel with the necessary migration documents and facilities, in accordance with the law of the respective State.
(b) The assisting State and the assisted State shall make every effort to provide assistance personnel with documentation or other means to enable them to be identified in such a way.
ARTICLE VIII. RESTRICTED AREAS.
States Parties, in the application of this Convention, shall respect the restricted areas thus designated by the State of assistance.
ARTICLE IX. SUPPORT OF THE ASSISTED STATE
The assisted state will seek to provide the necessary support to the relevant staff, advice and information, and to be indispensable, translation and interpretation services.
States Parties that provide assistance shall make every effort to provide it with expertise and avoid negligence, without ensuring that no damage occurs.
ARTICLE XI. PROTECTION OF THE ASSISTANCE staff
(a) The aid personnel who have been duly notified to the State aided and accepted by the State and by the respective National Coordinating Authorities shall not be subject to the criminal, civil or administrative jurisdiction of the assisted State. for acts related to the provision of assistance.
(b) The provisions of paragraph (a) shall not apply to acts other than the provision of assistance or, in the case of civil or administrative action, to intentional misconduct or gross negligence.
(c) The assisted State may, in accordance with its domestic law, extend the treatment prescribed in paragraph (a) of this article to its nationals or permanent residents who are part of the relief staff.
d) The aid staff have a duty to respect the laws and regulations of the State of the Union and of the States of transit. The aid staff shall refrain from carrying out political or other activities incompatible with those laws or with the provisions of this Convention.
e) Judicial actions undertaken against the aid personnel or against the assisting State shall be known and may be resolved in the courts of the assisted State.
ARTICLE XII. CLAIMS AND COMPENSATION.
(a) The assisted State shall waive any claim for damages that may arise against the assisting State or against the relief personnel as a result of the provision of the aid.
(b) The assisted State shall subrule the assisting State and the relief personnel in the event of claims for damages arising out of compliance with the provision of aid that may be brought against the assisting State or against the State. relief personnel by third parties.
(c) This Article shall not apply to acts other than compliance with the provision of aid or intentional misconduct or gross negligence.
(d) The assisting State and the assisted State that are affected shall cooperate closely with each other in order to facilitate the resolution of the claims or legal proceedings referred to in this Article.
e) The aided State may contract insurance to answer for the alleged damages that may be caused by the assisting State or the relief personnel.
The provisions provided for in Articles XI and XII may be modified by express agreement between the assisting State and the assisted state.
Except as provided for in Articles IX and XII, the aid provided shall be borne by the State which provides the aid, at no cost to the assisted State, except for to the contrary.
ARTICLE XV. RELATIONSHIP TO EXISTING AGREEMENTS.
In the event of a discrepancy between the present Convention and other international agreements in which the assisting State is a party, and the aided State will prevail, the provision that will facilitate the aid in the event of a disaster and favor the support and protection for personnel providing such assistance.
ARTICLE XVI. GOVERNMENTAL AND NON-GOVERNMENTAL ORGANIZATIONS
(a) Government international organizations providing assistance in disaster cases may, with the consent of the State auxiliary do, apply mutatis mutandis to the provisions of this Convention.
b) States and international governmental organizations that provide assistance may incorporate into their missions of assistance to private, natural or legal persons or to international non-governmental organizations; 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, apply the provisions of this convention to the staff of the organization, with the exception that it will not be automatically applicable to that staff paragraph (a) of Article XI.
(d) The agreements referred to in paragraphs (a) and (c) of this Article shall have no effect on third States.
This Convention shall be open to the signature of the Member States of the Organization of American States.
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
This Convention is open to the accession of any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
States Parties may make reservations to this Convention at the time of approving, signing, ratifying or acceding to it, provided that they are not incompatible with the object and purpose of the Convention and shall deal with one or more provisions. specific.
ARTICLE XXI. ENTRY INTO FORCE.
This Convention shall enter into force on the 30th day from the date on which the second instrument of ratification has been deposited. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after the date on which that State has deposited its instrument. of ratification or accession.
This Convention shall govern 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, starting from the date of deposit of the instrument of denunciation, the convention shall cease for the purposes of the reporting State, remaining to the other States Parties.
ARTICLE XXIII. REPOSITORY, RECORD, PUBLICATION, AND NOTIFICATION.
The original instrument of this Convention, whose Spanish, French, English and Portuguese texts are equally authentic, will be deposited with the General Secretariat of the Organization of American States, which will send authentic copies of its text for registration and publication to the Secretariat of the United Nations, in accordance with Article 102 of its constitutive 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 on the signatures and deposits of instruments of ratification, accession and denunciation, as well as the reservations to be made.
I certify that the pre-inserted document is a faithful and accurate 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 Regular Session of the General Assembly; and that the said instrument is deposited with the Secretary G of the Organization of American States.
April 24, 1992.
I hereby certify the forging document is a true and faithful copy of the authentic text in English 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 that the above mentioned instrument is on deposit with the General Secretariat of the Organization of American States.
April 24, 1992
Certifico que o documento precedent e copia fiel e exata do texto authentic en portuguese da Convenção interamericana para faciliar a assistência em casos de disaster que o referado instrument contena-se deposited na Secretaria-Geral da Organização dos Estados Americanos.
April 24, 1992
Je certifié que le texte qui précedé est une copie fidèle et conforme de la version authentique française de la Convention interaméricaine visant à faciliter l "apport d" assistance dans les cas de catastrophe; et que l " instrument susmentionné est déposé auprès du Secretariat général de l " Organisation des Etats Américains.
Le 24 april 1992
By the Secretary General,
For the Secretary General
Secretary-Geral Hair
Pour Le Secretaire general
Hugo Caminos.
Under-Secretary for Legal Affairs Under-Secretary for Legal Affairs
OAS Secretary General Secretariat-Geral da OAS
Assistant Secretary for Legal Affairs Sous-secretaire aux questions juridiques
OAS General Secretariat Secretariat General de l " OEA
Honorable Senators and Representatives:
On behalf of the National Government, and in compliance with articles 150 numeral 16; 189, numeral 2 and 224 of the Political Constitution of Colombia, we present to the honorable Congress of the Republic, the bill, through which the " Inter-American Convention for Facilitate Disaster Assistance ", adopted in Santiago, Chile, on June 7, 1991.
Previous considerations
In 1989, with Resolution number 44-236, the United Nations General Assembly established the International Program called "International Decade for the Resolution of Natural Disasters"-IDNDR.
This program was implemented from 1 January 1990 to 31 December 1999 and sought to promote knowledge on the concepts of disaster prevention and care with an emphasis on the application of science and technology, and improve the capacity of each country to reduce risks and adopt regional, national and local alert systems, with the help of international cooperation " 1.
The Inter-American Convention, however, is an advance of these agreements for the prevention and attention of disasters, approved at the Regular Session of the OAS General Assembly in 1991. It has the force of law in Panama, which ratified it on September 15, 1995, Peru on September 16, 1996, and Uruguay on January 14, 2000. Colombia only signed it. With this project, Colombia awaits the approval of the Convention with a view to its early ratification in international arena to take effect and allow its 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 states in the region on the subject of disasters in the spirit of establishing appropriate assistance bases, especially with the countries of Latin America, and the Caribbean.
addition, it should be noted that " Colombian policy is aimed at promoting the strengthening of institutions with an emphasis on planning, development, the promotion of regional cooperation, and the exchange of experience and knowledge of science and technology, in order to prevent disasters through the formulation of international cooperation programmes and projects " 2, among other actions.
The Inter-American Convention maintains the spirit of reciprocity and the management of natural risks in line with the objectives and guidelines of the United Nations and the OAS, which promote the articulation of systems and agreements. related to the prevention and care of disasters among developing countries, as well as the mechanisms that facilitate solidarity and strengthening among countries in the region.
Indeed, this Convention will constitute a unique framework for promoting mutual assistance and the provision of effective and immediate mutual assistance for countries. This instrument will contribute to the development of policies in which States have committed themselves since the International Decade for Disaster Reduction in the 1990s, through the International Strategy for Disaster Reduction and the two World Conferences on the subject.
At the Second World Conference on Disaster Reduction in Kobe, Japan, the Declaration and the "Hyogo Framework for Action 2005-2015" were approved. The conference called on countries to develop and promote national and regional initiatives to strengthen ties of collaboration in the face of disasters.
The Hyogo Framework is a source of political advice for states seeking to reduce the loss of life and social, economic and environmental assets that disasters cause in countries and communities. That is why the World Community needs to pool its efforts to combat poverty, environmental degradation, and the lack of a culture and preparedness in the face of vulnerability and disaster.
Convention structure and scope
The Convention includes a preamble that registers the importance of solidarity among states in the region that can grant a state that has suffered both human and material losses from natural disasters. This convention invites States to link up and assist in such cases.
Also comprises of 23 articles which can be highlighted:
Article I which corresponds to the applicability of the convention is to say that it will be applied " when a State Party provides assistance in response to a request from another State Party, unless otherwise agreed by the another way ".
From article II to Article XVI the Convention provides: the request for assistance between the Auxiliary State and the Auxiliary State; the designation of an Authority National Coordinator in accordance with the legislation of each State Party whose scope shall be to direct, control, supervise, transmit and coordinate assistance within its territory; facilitate equipment, means of transportation, supplies, and resources human rights by the State of the Auxiliary for the assistance of damages caused by the disaster; provide the Auxiliary State with the indication of access and transit routes to the final destination and respect the restricted areas designated by the Auxiliary State.
Likewise, the Auxiliary State will provide the necessary support to the aid staff of the Auxiliary State; that " the staff of the assistant country will be carrying documents that identify it as such, provided by the two countries in question. The assisted state shall provide guidance and information, and if necessary, the translation service.
Assistance personnel shall not be subject to the administrative, civil or criminal jurisdiction of the country assisted by acts connected with the provision of assistance, in such case it shall be referred to the country of residence. " It also refers to the protection provided by the Auxiliary State to the duly notified staff of the Auxiliary State; the possibility of the International Government Organizations to " " to the precepts of the Convention and eventually to incorporate private, natural or legal persons or non-governmental organizations that can provide assistance, which will also benefit from the protection of the Convention. "
Assistance will be at no cost to the Assisted State, unless otherwise agreed. "
Finally, " the existence of a discrepancy between the Convention and other international agreements in which both the State of the Auxiliary State and the State aided will be a Party, the provision that will facilitate the aid in case of greater amplitude will prevail. disaster and promote the support and protection of the personnel who provide such assistance. "
Article Xis noteworthy, which indicates that " States Parties that provide assistance will make every effort to provide it with expertise and avoid negligence, without any guarantee of no damage shall occur.
Also highlighted is article XII which states that the Auxiliary State waives any claim for damages that may arise against the Auxiliary State or the relief personnel. as a result of the delivery of the aid.
Articles XVII to XXIII refer to the signature, ratification, and accession procedures and the possibility of making reservations to the Convention. It also includes clauses relating to the entry into force, the deposit, registration, publication and notification thereof.
Final considerations
The ratification of this instrument is of paramount importance as it contributes to fostering alliances through cooperation agreements and other actions that respond to the risks and threats that destroy life and affect security and property. of the inhabitants of the American continent due to natural or anthropic phenomena.
The international community has accompanied different processes in the construction of mechanisms that help the development of the objectives of Committees such as the "Caprade" Cepredenac and Cedera, regional mechanisms that contribute to the development of policies in the Prevention and Attention of Disasters.
The Government of Colombia expresses its interest in promptly ratifying this Convention due to its importance in the hemispheric sphere in accordance with the commitments made by the members of the Caprade in its IX and X Ordinary Meeting. respectively. It is appropriate for Colombia to ratify this instrument, which would contribute to the strengthening of solidarity between countries and regions in the Americas, in addition to facilitating the processes that would make aid more effective and effective. at critical times as a result of a natural phenomenon that puts people's goods and lives at risk.
It is reiterated that for Colombia it is highly desirable and necessary to exhaust the approval and constitutional review process, to finally proceed to ratify the Convention in the international arena; an instrument that is in line with the recent events such as hurricanes, earthquakes, landslides, floods, droughts, which generate huge losses of human and material lives that have affected the economic and social development of the countries of Latin America and the Caribbean.
For the above considerations the National Government, through the Minister of Interior and Justice and the Minister of Foreign Affairs, requests the honorable Congress of the Republic to approve the " Inter-American Convention to Facilitate the Disaster Assistance ", adopted in Santiago, Chile, on June 7, 1991.
Of the honorable Congressmen,
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 enactment.
The President of the honorable Senate of the Republic.
AMILKAR ACOSTA MEDINA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CARLOS SQUIRLA 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., December 4, 2007.
Approved. Submit to consideration of the Congress of the Republic for the constitutional effects.
(Fdo) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Fernando Araujo Perdomo.
DECRETA:
Article 1o. I approved the "Inter-American Convention to Facilitate Assistance in Cases of Sastre", adopted in Santiago, Chile, on June 7, 1991.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Inter-American Convention to Facilitate Disaster Assistance", adopted in Santiago, Chile, on June 7, 1991, which is approved by article 1 of this Law, shall be binding on 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
Presented to the honorable Congress of the Republic by the Minister of the Interior and Justice and the Minister of Foreign Affairs.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., December 4, 2007.
Approved. Submit to consideration of the Congress of the Republic for the constitutional effects.
(Fdo) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Fernando Araujo Perdomo.
DECRETA:
Article 1o. I approved the "Inter-American Convention to Facilitate Assistance in Cases of Sastre", adopted in Santiago, Chile, on June 7, 1991.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Inter-American Convention to Facilitate Disaster Assistance", adopted in Santiago, Chile, on June 7, 1991, which is approved by article 1 of this Law, shall be binding on 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 Minister of the Interior and Justice,
GERMAN VARGAS LLERAS.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
