Key Benefits:
LAW 1461 OF 2011
(June 29)
Official Journal No. 48.116 of 30 June 2011
CONGRESS OF THE REPUBLIC
By means of which the "Agreement on the Establishment of the International Network of the Bamboo and the Ratan" is approved, given in Beijing, People's Republic of China, on November 6, 1997.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Agreement on the Establishment of the International Network of Bamboo and the Ratan", given in Beijing, the People's Republic of China, on 6 November 1997, which reads:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
SENATE BILL 106 OF 2009 SENATE
by means of which the "Agreement on the Establishment of the International Network of the Bamboo and the Ratan" is approved, given in Beijing, People's Republic of China, on November 6, 1997.
The Congress of the Republic
Having regard to the text of the "Agreement on the Establishment of the International Network of the Bamboo and the Ratan" given in Beijing, the People's Republic of China, on November 6, 1997, which reads:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
AGREEMENT ON THE ESTABLISHMENT OF THE INTERNATIONAL BAMBOO AND RATTAN NETWORK
The High Contracting Parties,
Recognising that bamboo and rattan constitute two of the most important non-timber forest products in Asia and have great potential for economic development in other parts of the world, particularly in Africa, the Caribbean and in America Central and South;
Acknowledging that bamboo and rattan can contribute greatly to the economic and social development of rural areas in these regions;
Taking note with satisfaction of the considerable achievements made in the fields of bamboo and rattan related research, training and exchange of information held in various countries in Asia by the informal network for the bamboo and rattan, which has been operating since 1984 under the auspices of the International Research Centre for the Development of Canada and with the support of the International Fund for Agricultural Development;
Eager to extend the benefits of these activities to other countries in Africa, Asia, the Caribbean, and Central and South America;
Convinced that greater benefits will be released for all institutions and individuals involved in the production and development of bamboo and rattan if an international organization is established for the promotion and coordination of the research and development of bamboo and rattan, training and exchange of information;
Convinced that the organization should take the form of a decentralized network linking and strengthening existing national research programs,
Have agreed to the following:
ARTICLE 1. ESTABLISHMENT AND LEGAL STATUS
1. This means establishing the International Network of the Bambu and the Ratan, hereinafter called INBAR, or the Network; the Network will function as an autonomous and non-profit international organization.
2. The Network shall enjoy complete legal personality in international law. In the territories of the Parties, INBAR shall enjoy the legal powers, privileges and immunities agreed with those States.
ARTICLE 2. HEADQUARTERS AND OTHER OFFICES
1. The headquarters of INBAR shall be located in Beijing, the People's Republic of China (hereinafter referred to as the Host State).
2. In consultation with the Host State government, the Network may establish other local offices or stations in the territory of that State.
3. The Network may establish offices in other countries in order to coordinate their activities in the region or for other purposes that are compatible with this Agreement.
ARTICLE 3. MISSION AND PURPOSES
1. INBAR's mission is to improve the welfare of bamboo and rattan producers and consumers by preserving the sustainable nature of these resources through the consolidation, coordination and support of strategic and adapted research and development. to the specific conditions.
2. In the achievement of this mission, among the purposes of INBAR are:
(a) Identify, coordinate and support research on bamboo and rattan, in line with the priorities set by the national programmes and by other institutions and organisations with which INBAR collaborates;
b) Forming capacities and enhancing the capacity of national research and development institutions and extension organisations; and
c) Strengthen coordination, cooperation and collaboration at national, regional and international levels.
3. In achieving its mission and purposes, the Network will pay special attention to:
a) Meet the basic needs and livelihoods of people living in bamboo and rattan producing areas, and in particular those of women and disadvantaged people;
b) The role of bamboo and rattan in environmental protection, and more particularly in the alleviation of deforestation, soil erosion and land degradation;
c) Keep and expand the biodiversity of bamboo and rattan resources;
d) Improve and extend the usefulness, productivity and processing of bamboo and rattan in a sustainable manner; and
e) Create and promote added value policies and technologies, aimed at realizing the full potential of bamboo and rattan as wood substitutes.
The Network will undertake all activities that are conducive to the conduct of its mission and purposes and, without limiting the generality of the above, will be responsible for:
a) Identify, undertake, coordinate and support strategic research and development on bamboo and rattan;
b) Organize international, regional, national and local forums and seminars on issues related to bamboo and rattan, and promote the exchange of all types of information relating to bamboo and rattan;
c) Facilitate the linkage of financial, management, and scientific-technical expertise with local partners;
d) To add staff and build institutional capacity at local, national and regional levels in terms of bamboo and rattan scientists, and development professionals;
e) Provide experts who are able to link scientific knowledge with local needs in strategic areas of research, technology transfer, policy formulation and information services; and
f) Coordinate and direct teams to develop proposals and finance projects.
In achieving its mission and objectives, the Network will be empowered to:
(a) Sign contracts or agreements with governments, organisations and public or private bodies of a national or international nature;
b) Hire staff and advisors;
c) Acquiring and owning real estate assets or owning any interest in them, and alienating them, in accordance with the laws of the countries in which such property is situated;
d) Acquire personal property, including funds, rights and concessions, by purchase, donations, exchanges, legacy, or other means of any government, organization or person and to store, manage, own, operate, use or otherwise have the same;
e) Constituted in part of administrative, quasi-judicial and judicial processes in the country or countries in which it is established or elsewhere; and
f) Participate in activities that are conducive to the realization of your mission and purposes.
1. The status of INBAR member shall be open to all States that are members of the United Nations or its specialized agencies and which accept the mission and purposes of INBAR.
2. The original members of the Network shall be the States that sign this Agreement during the open period for their signature, specified in Article 20, paragraph 1.
3. After the period specified for the signature, other States, as defined in paragraph 1 of this article, may apply for their status as a member of INBAR by adhering to this Agreement, in accordance with Article 20, paragraphs 2 and 3.
4. Each member shall designate a competent authority or body as its central point for the Network.
The organs of INBAR will be:
a) The Council;
b) The Board (hereinafter referred to as the Board)
c) The Secretariat, headed by a General Manager.
l. The Council shall be responsible for guiding the Board on policy and strategic purposes.
2. The Council shall also, in accordance with the other provisions of this Agreement, have the following powers:
a) Approve the adherence of States wishing to acquire the status of INBAR member;
b) Approve the decisions of the Board regarding the appointment of the Director General and his dismissal for justified reasons;
c) Review and approve the annual report, including the audited financial statements of the Network;
d) approve Board decisions concerning statutes, financial regulations, personnel policies, and annual work and budget schedules;
e) Amend this Agreement;
f) Approve any treaty intended to sign the Network; and
g) Take other necessary measures in connection with the dissolution of the Network.
3) The Council shall consist of representatives of the Member States of INBAR.
4. The Council shall hold a meeting every two years. As the final theme of the meeting, the Council will listen to requests from Member States to host the next Council meeting. The Council shall, by consensus or by a majority of two-thirds of the votes, select a Member State as the host of its next meeting and shall define the date and place of the meeting. The Host Member State shall nominate a President for the next meeting and the Vice President shall be elected by consensus or a two-thirds majority vote on the basis of the nominations of the Member States.
5. The Council shall hold its regular meeting at the headquarters of the Network or elsewhere as determined. You may hold additional meetings when you consider them necessary. During the recess, the Council may take decisions by correspondence, e-mail, fax or other means of telecommunications. The expenditure incurred by a representative of a Member Country in relation to its participation in Council meetings shall be borne by that Member State.
6. Each member of this Council shall be entitled to one vote.
7. Every effort will be made to make decisions by consensus. In case it is not possible to reach a consensus on a particular issue, the decision in this regard shall be taken by a majority of the two-thirds of the voting members, except if this Agreement establishes other criteria for the majority.
8. The Council shall adopt its own rules of procedure, subject to other provisions of this Agreement.
9. The Director-General shall provide the secretariat and administrative services required for the efficient functioning of the Council.
l. The Board shall be composed of no less than eight and no more than sixteen directors, appointed as follows:
a) A Director appointed by the Host State Government;
(b) No fewer than six directors without portfolio, three of which shall be from bamboo and ratan producing countries, and three appointed taking into account their scientific and administrative experience (hereinafter referred to as 'non-portfolio syndicates'); and
c) The Director General.
2. The non-portfolio syndicates shall be appointed for a period of three years, which may be renewed once. With regard to the composition of the initial Board of Directors, one third of the non-portfolio members shall be appointed for a period of one year, one third for a period of two years and one third for a period of three years. The receiver appointed for an initial term of less than three years may subsequently be appointed for two terms of three years.
3. The initial non-portfolio syndicates shall be appointed by the Government of the Host State, the International Fund for Agricultural Development and the International Development Research Centre (hereinafter referred to as the Sponsors). Subsequently, when the position of a non-portfolio receiver becomes vacant, it will be filled with an individual who at the Board's invitation will become a receiver.
4. Members of the Board provide service in a personal capacity.
5. Non-portfolio syndicates shall be citizens of the Member States of the United Nations or its specialised bodies.
ARTICLE 10. BOARD FUNCTIONS AND FACULTIES
l. The Board's role will be to ensure that:
a) The network has objectives, programs and plans in accordance with its mission and purposes;
b) The Director General manages the Network efficiently and in accordance with agreed objectives, programs and budgets, as well as legal and regulatory requirements; and
c) INBAR's continued well-being is not jeopardized by exposing its financial resources, personnel, and credibility to reckless risks.
2. Subject to the guidance, powers and functions of the Board in accordance with Article 8, the Board shall have the following duties:
a) Approve, at regular intervals, the network's multi-year plan or strategy.
b) Approve the Network's programs, objectives, priorities and operational plans, as well as follow closely and review the execution and results of programs;
c) Approve annually the work programme and the budget, the annual report and the financial statements, and communicate these to the Council;
d) Adopt the statutes of the Network, its program, administrative and personnel policies, and its financial regulations;
e) Making regular evaluations or independent reviews of the Network's programmes, policies and administrative practices, and giving due consideration to the observations and recommendations emanating from such evaluations; revisions;
(f) In accordance with Article 12, paragraph 3, appoint the Director General or, if you may use, fire him; determine his employment terms and conditions and supervise and review the quality of his or her work;
g) Pursuant to paragraph 5 of Article 9, naming syndicates without a portfolio;
h) Approve the organic structure of the Secretariat in the light of the Network's programs;
i) Name network officials;
j) Appoint independent external auditors annually and approve the annual audit plan;
k) Generally, ensure effectiveness according to the costs of the Network and its integrity and financial accountability;
l) Subject to the authority that may delegate to the Director General, approve all contracts or agreements that make up the Network;
m) Subject to the authority that may delegate to the Director General, approve all grants or contributions that are offered to the Network;
n) Oversee loans taken, major expansions, including the acquisition of important equipment and facilities and the provision of important goods;
or) Adopt conflict-of-interest guidelines applicable to the Board and monitor its execution; and
p) Perform all the acts that you create necessary, appropriate, and proper for mission fulfillment and network purposes.
3. The Board may establish the subsidiary committees it deems necessary for the performance of its tasks.
1. The vote by the Board of Directors is subject to the following regulations:
a) Each member of the Board of Directors is entitled to one vote, except the Director General, who has no vote;
b) The Chair of the Board has a vote of quality; and
c) Every effort will be made to make decisions by consensus. In case it is not possible to reach a consensus on a particular issue, a decision will be taken by a simple majority of the voting members, except if this Agreement establishes other criteria for the majority.
2. The Board shall elect among the non-portfolio members, a member to serve as president, for a period of three years. The Board may reelect that member as president for a second term. The receiver appointed by the Government of the Host State of INBAR shall be the Co-Chair of INBAR.
3. The Board shall meet at least once a year. Between a meeting and the following, the Board may take decisions which it shall communicate by mail, e-mail, facsimile or other means of telecommunication.
4. The Board shall adopt its own rules of procedure in accordance with this Agreement.
5. For meetings of the Board a majority of the syndicates shall be sufficient quorum.
ARTICLE 12. APPOINTMENT OF THE DIRECTOR GENERAL
l. Pursuant to paragraph 3 of this Article, the appointment of the Director General and, if necessary, his dismissal for cause, shall be decided by the Board and approved by the Board.
2. The Director-General shall be initially appointed for a fixed period not exceeding four years. The appointment may be renewed for a second term.
3. The first Director General will be appointed to a first term by the Sponsors.
ARTICLE 13. FUNCTIONS AND FACULTIES OF THE DIRECTOR GENERAL
1. The Director-General is the Network's Chief Executive and will chair the Secretariat.
2. The Director General will be responsible for interalia of:
a) Ensure that the Network program is carried out in accordance with the highest professional standards;
b) Find, in collaboration with the Board and the Board, sources of income for INBAR's work;
e) Identify the organizations with which the Network should collaborate;
d) Assist the Board and the Board in carrying out their responsibilities and, in particular, provide them with all relevant information they need in this regard, in addition to preparing the documentation for their meetings;
e) Contry, in accordance with the Network's personnel policies, the most competent Secretariat members as possible and monitor the performance of their work; and
f) Carry out other functions that you delegate to the Board.
3. The Director-General is responsible to the Board for the operation and management of the Network. By directing the Secretariat's work, it will ensure that the Network's policies and guidelines and instructions established by the Board are observed at all times.
4. The Director General is the legal representative of INBAR. Subject to the authority delegated to him by the Board in this regard, the Director General may sign scriptures, contracts, agreements and other legal documents necessary to ensure the normal operation of the Network. The Board may stipulate the extent of this power to be delegated by the Director-General. Such delegation shall be made clear by means of a written instrument containing the name of the person (s) or office (s) in which the power is delegated.
l. The most important consideration to be taken into account when hiring the staff of the Secretariat and in determining the conditions of service will be the need to ensure the highest standards of quality, efficiency, competence and integrity.
2. The staff shall be appointed by the Director-General in accordance with the Network's personnel policies.
3. INBAR's hiring and employment practices will not be discriminatory for reasons of gender, ethnicity, race, creed, political ideas, skin color, age, marital status, or sexual preferences.
4. The salary scales, insurance, pensions and other terms of employment shall be fixed in accordance with the guidelines established by the Network's personnel policy.
1. The expenses necessary for the operation of this Agreement shall be from the annual contributions provided by the States Parties, which shall be established in accordance with the principles laid down in Article 15.1.c.
a) Six months ahead of the biennial session of the Council, the INBAR Secretariat will distribute the Administrative Budget between the States Parties for the next two years;
(b) The Council shall formally approve the Administrative Budget at its biennial session.
c) The approved Administrative Budget shall be prorated among the States Parties in accordance with the following principles:
i. The quotas will be calculated by reference to the updated version of the Quota Scale for the Prorateo of United Nations Expenses. However, the Council shall establish a minimum quota to replace any calculated lower quota, according to the scale of the United Nations.
ii. The minimum quota for Least Developed Countries shall be set at a lower level than for other States Parties.
iii. States Parties must make the payment according to the calculated quota in the event that the fee exceeds the minimum.
(d) If a new State requests entry into INBAR, the Council will decide, by means of an internal session, the initial sum to be paid at the time of its entry, the level of its quota until the next session, as well as the effect of the new State on the total quotas of other States Parties for the following fiscal year. The apportionment of expenses for the current fiscal year remains unchanged.
e) The payment of the shares of the States Party must be made in currency of free conversion from the first day of each fiscal year;
(f) The State Party which delays the payment of its financial contributions for an amount equivalent to or greater than the sum it has to contribute in the preceding two years shall lose the right to vote in the Council. However, the Council may allow it to vote if it considers that the default is due to reasons beyond the scope of that State Party. Before adopting any sanction, the Secretariat must meet the Council's demand for sending three letters of admonition on behalf of the Council Presidency with an interval of one letter every three months and ensure that at least one letter has been received. (Article 19, Chapter 4 of the United Nations Charter).
2. States Parties and other States may provide voluntary financial contributions in support of the Network. Other financial support for the Network will be derived mainly from voluntary contributions provided by international intergovernmental and non-governmental organizations, public and private, as well as by corporations and individuals. In addition, the Network will be able to generate funds through the implementation of its activities.
3. INBAR's financial operations will be governed by financial regulations.
4. On the recommendation of the Director-General, an independent international audit firm appointed by the Board shall annually carry out a full financial audit of the Network's operations. The Director-General shall deliver these results to the Board and the Board.
ARTICLE 16. RELATIONSHIP TO STATES AND ORGANIZATIONS.
In achieving its mission and purposes, INBAR will be able to establish partnerships and sign cooperation agreements with states, other organizations, corporations, foundations and institutions.
ARTICLE 17. DISPUTE RESOLUTION
Any dispute arising out of the interpretation or execution of this Agreement will be settled in a spirit of friendly cooperation and through friendly consultations.
l. This Agreement may be amended by the Council either on its own initiative or on the recommendation of the Board.
2. When the Board proposes to the Council an amendment it will be necessary to have a majority of two-thirds of all the trade unions.
l. The Council may dissolve INBAR if it is determined that the mission and purposes of that entity have been achieved to a satisfactory degree or that it will no longer be able to function effectively. To make its decision concerning the dissolution of the Network, the Council will spare no effort to achieve consensus. If this is not possible, the Council may decide to dissolve the Network with a three-quarter majority of all voting members.
2. INBAR will be automatically dissolved if, as a result of the withdrawal of its members, fewer than four remain in its ranks.
3. Once dissolved, the Network's real estate will pass back to the country where that property is located, or it will be disposed of in accordance with an agreement with the government of that State.
4. Unless otherwise agreed by the Parties to this Agreement, all movable property shall be distributed between the Parties according to their financial contribution to the Network.
ARTICLE 20. SIGNATURE AND ADHESION
1. This Agreement will be open for signature in Beijing from the 6th of November 1997, and will remain open for signature for a period of two years from that date.
2. After the expiration of the period specified in paragraph 1, this Agreement shall remain open for the accession of any State that complies with the requirements of Article 4, subject to the prior approval by the Council by a simple majority.
3. The instruments of accession shall be delivered to the Depositary of this Agreement.
4. The Government of the People's Republic of China shall be the Depositary of this Agreement.
5. The Depositary shall keep a record of the signatures and accessions, and shall communicate them to all Parties to this Agreement. It shall also register this Agreement with the United Nations Secretariat in accordance with Article 102 of the Charter of the United Nations.
Unofficial Translation
Note
(2008) TIAO ZI No. 20
The Department of Treaty and Law of the Ministry of Foreign Affairs of the People's Republic of China presents its compliance to the International Network of Bamboo and Rattan (INBAR). And in response to the latter " s request in its Note No. 08-S-008 dated Jan. 29, 2008, the Department would like to communicate, acting in its capacity as depositary of the Agreement on the Establishment of the International Network for Bamboo and Rattan (the Agreement), to INBAR a certified ed copy of the Agreement as amended, in Chinese, English, French and Spanish languages, all being equally authentic.
The Department of Treaty and Law of the Ministry of Foreign Affairs of the People's Republic of China avails itself of this opportunity to renew to the International Network of Bamboo and Rattan the assurances of its highest consideration.
Department of Treaty and Law,
Ministry of Foreign Affairs,
the People's Republic of China (Seal).
Beijing, 30 January 2008.
the International Network of Bamboo and Rattan
BEIJING
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 25, 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 "Agreement on the Establishment of the International Bamboo and Ratan Network," given in Beijing, People's Republic of China, on November 6, 1997.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Agreementthe Establishment of the International Network of the Bamboo and the Ratan", given in Beijing, China, on November 6, 1997, which 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 Agriculture and Rural Development.
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of Agriculture and Rural Development,
Andres Fernandez Acosta.
REASON EXPOSURE
Honorable Senators and Representatives:
On behalf of the National Government and in compliance with the provisions of 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, by means of which the " Agreement on the Establishment of the International Bamboo and Ratan, given in Beijing, The People's Republic of China, on 6 November 1997.
Previous considerations
In March 1999, the President of the Colombian Society of Bambu, and World President of the Bambu Group of the International Union for Conservation of Nature (IUCN), addressed the National Government to inform her about the existence of the International Network of the Bambu and the Ratan (INBAR), its objectives and the importance that Colombia became a member of it.
On November 6, 1999, Dr. Rodrigo Querubin Londoño, Colombian Ambassador to the Government of the People's Republic of China for the time, with the respective full powers, signed on behalf of the National Government, the Agreement that in this opportunity we present to consideration and approval of the honorable Congress of the Republic.
In April 2005, President Alvaro Uribe officially visited the People's Republic of China, along with an academic mission, of which the National Learning Service (SENA) was a part. During this visit, the SENA entered into relations with the International Network for the Bambu and the Ratan (INBAR) of China, which materialized in a Framework Convention of International Cooperation and Technical Assistance between these entities, with the following objectives:
-To promote the institutional development of SENA and INBAR, through a long-term strategic alliance for the generation, exchange and transfer of knowledge and technologies.
-To jointly support activities related to sustainable employment generation and livelihood opportunities, economic development, and environmental benefits through the use of bamboo and guadua.
-To collaborate with each other to coordinate and ensure that the interdisciplinary or multidisciplinary activities that are brought forward under the agreement serve to achieve a positive impact on the development of the sector in Colombia.
The Framework Convention on International Cooperation signed between the SENA and the International Network of the Bambu and the Ratan (INBAR), based in Beijing, structured the Agreement on Cooperation and Strengthening the Capacity of the SENA and INBAR through three components:
-Exchange of technologies and knowledge.
-Business accompanying and sharing experiences.
-Developing distance courses.
What is INBAR
The International Network of the Bambu and the Ratan -INBAR-is an autonomous international organization with international legal status that has legal powers, privileges and immunities in the territories of the States Party.
The INBAR Network, through a worldwide network of governmental and non-governmental organizations, undertakes coordination, strategic support and research in relation to the development of bamboo and rattan, in order to improve the welfare of producers and users, within the context of a sustainable basis for these resources. It also develops activities that support the production of raw materials, the conservation of raw materials, the use of genetic resources, the processing thereof, the use of genetic resources in economic and social development, the dissemination of information and technology transfer.
Its mission is aimed at improving the well-being of the producers and consumers of bamboo and rattan, preserving their sustainable character through the consolidation, coordination, support of adapted strategic research and development to specific conditions.
Among the purposes of INBAR are:
a) Identify, coordinate and support research on bamboo and rattan, in line with the priorities set by national programmes;
b) Promoting and enhancing the capacities of national research and development institutions and extension organisations; and
c) Strengthen coordination, cooperation and collaboration at national, regional and international levels.
Furthermore, INBAR will pay particular attention to:
(a) Meet the livelihood and basic needs of people living in bamboo and rattan producing areas, and in particular those of women and disadvantaged people;
b) The role of bamboo and rattan in environmental protection, and more specifically to mitigate deforestation, soil erosion and degradation of soil; and
c) Keep and expand the biodiversity of bamboo and rattan resources.
La Guadua in Colombia
La Guadua (angustifolia) is a bamboo native to America and constitutes a non-timber natural resource of high potential and with multiple benefits, which Colombia has used anchor for the protection of watersheds. water; conservation of biodiversity; construction of housing and rural infrastructure; for the elaboration of utensils, musical instruments, crafts and furniture.
In the face of the coffee crisis, the inhabitants of the guadua producing regions have begun to find in this resource an economic, social and environmental alternative, to develop processes of transformation that incorporate labor and improve both your income and your quality of life.
The sustainability character of the guadua makes this resource an ideal material framed within the trends of the twenty-first century that prefer sustainable forests over time, which self-regulate and self-reproduce. This, linked to its multiple purposes, has made this native species internationally recognized as one of the 20 best bamboo in the world, within 1,200 existing species.
The guadua excels for its structural properties such as the resistance/weight ratio, which exceeds most of the timbers and can even be compared to steel and some high-tech fibers. Due to its flexibility and capacity to absorb energies makes this an ideal material for seismic resistant constructions. The new constructive technologies with guadua, thanks to the efforts of Colombian and Ecuadorian architects and engineers, have allowed today the housing in guadua to comply with aesthetic requirements, low cost and security. Likewise, the cost of building with guadua is 45% lower than that of building with conventional materials, making it a real alternative to solve the serious problems of housing deficit in an eco-constructive way.
The proven structural quality and mechanical strength of the guadua show the urgency in Colombia to strengthen and incentivize the industries derived from this resource, in order to contribute, among others, to the reduction of unemployment and environmental impact on native forests. To achieve the above, it is necessary, on the one hand, to know the technologies of industrial production that allow the development of high quality processes (with commercial standards and scales) and, on the other hand, to have the required machinery for this purpose.
For this purpose, the leadership of regional environmental authorities, such as the CVC, CARDER and CRQ, among others, who were the first to address technical and regulatory aspects to ensure the sustainable use of the guadua. It should also be mentioned that the Ministry of Environment, Housing and Territorial Development and the German Agency for International Technical Cooperation for Development, GTZ, between the years 2000 and 2006 brought forward a technical cooperation agreement. international, for the development of the Sustainable Forest Management project in Colombia, which included actions in the Cafetero-Tolima and Valle del Cauca Axis, and where the CVC, CARDER, CRQ, Corpocaldas and Cortolima participated.
Among other results achieved by this project, we find the following:
-- Articulation of the corporations around the management of a species that is linked to the culture of the coffee zone.
-- Expedition and publication of the Unified Standard for the Management and Use of Guadua, Cana Brava and Bambu.
-- Redaction of the Standard for Voluntary Forest Certification, a draft that will be submitted to a broad technical discussion in the region, and which allowed in 2005 the certification of about 300 hectares of guadua.
-- Elaboration of the Silvicultural Management Manual of the Guadua, which collects the experiences of regional autonomous corporations in the management of this species;
-- Study to define Technical and Methodology Criteria For Inventory, Ordering, Zoning, and Sustainable Management of the Guadua Resource in the Coffee Axis-Tolima-Valle del Cauca;
-- Defining cooperation agendas with regional, national, and international entities;
-- Accompanying and participating in the actions of the Guadua Productive Chain Competitiveness Agreement;
-- Evaluation of the internal procedures of the Corporations to improve the efficiency in the attention of the procedures for the use of the Guadua resource.
Taking into account the good results of the project and in order to guarantee the continuity of the process, the "Project Forests-FLEGT (Forests Law Enforcement, Governance and Trade) /Colombia" was formulated for the European Union, which was approved in October 2006. The project includes actions, with the use of the Guadua, in the departments of Risaralda and Quindio, which is proposed so that the trade with forest products will be carried out under better conditions of legality. In this way, it seeks to contribute to a culture of public-private consultation to improve the management of forest resources, their transformation and subsequent commercialization, and in addition, for these to constitute legal productive alternatives and cost-effective that can improve the living conditions of local populations.
On the other hand, it is important to note that, at present, the laminates industry is perceived as one of the most profitable lines of business due to the multiple applications that are derived from both raw material and by-products in the manufacture of floors, boards, agglomerates, pre and post-formed panels, furniture, crafts, doors, windows, cabinets, mats, curtains, mats, houses and crafts.
currently, China is the only country in the world with a considerable production of bamboo panels, producing between 15 and 20 million m2, which is hardly enough to meet the demand of the international market. In Latin America, only Ecuador has undertaken some unconsolidated initiatives to manufacture laminate floors, which show a support capacity of up to 800 grams/cm2 against the Chinese supporting 600 grams/cm2.
In accordance with the above, we have one of the greatest problems that currently exists in Colombia, and in Latin America in general, it is the lack of knowledge of technologies to be able to develop commercial plantations that respond to the quality standards demanded by the different processes of transformation of the guadua. The INBAR Network, has experts recognized in the development of quality standards, both at the level of work with the producers, and in the research centers. For this reason, it is considered of vital importance to have the advice of highly trained staff in order to introduce technologies, not only at the level of training, but also for direct assistance to the training centres of the Colombian institutions.
For the reasons above, the exchange of experiences of Colombian technicians with INBAR will greatly promote the training and professional training of those who are part of the productive chain of the Guadua in our country, which, shall lead to the improvement of the industrial development of that product.
Example, it is the great experience that INBAR has achieved in the application of inventories for bamboo, counting for this with Agreements with the United States Geological Survey (USGS) and with the forest department of the People's Republic China; the latter and India being the most developed countries in the bamboo industry.
In this context, the importance of the participation of Colombia as a member of the International Network of the Bambu and the Ratan "INBAR", which will allow the sharing of information, experiences and knowledge for the sustainable management of the guadua and its derivatives.
Convention Structure and Scope
The Convention consists of a preamble and twenty-two articles.
In the Preamble the importance that bamboo and rattan have in the region of Asia and the great contribution it can contribute to the economic and social development of rural areas of regions like South America are recorded.
In addition, common expressions of good will between the Parties are agreed to give greater benefits to individuals and institutions involved in the production of bamboo and rattan if an international organization is established for the promotion, research, development, training and exchange of information on bamboo and rattan.
Article 1o enshrines the establishment of the International Network of the Bambu and the Ratan-INBAR, as an autonomous international organization with legal personality in international law.
Article 2o defines the headquarters and related to other offices, indicating that the main venue will be located in Beijing, People's Republic of China, as Host State, and may establish offices or stations within the same territory, or in other countries.
Article 3o points out the mission and purposes of INBAR, indicating that its mission is to improve the welfare of bamboo and rattan producers and consumers by preserving the sustainable nature of these resources through consolidation, coordination, support for research and strategic development adapted to the specific conditions. Its purposes are aimed, among others, at identifying, coordinating and supporting research on bamboo and rattan; and to form and improve the capacities of research institutions and strengthen cooperation at national levels, regional and international.
Article 4 lists the activities to be carried out by INBAR. It foresees that the Network will undertake all activities leading to the realization of its mission and purposes. Among others, it will be in charge of: Identify, undertake, coordinate and support research and strategic development on bamboo and rattan. It also provides for the organisation of international, regional, national and local forums and seminars on issues relating to bamboo and rattan.
It provides for personnel training and institutional capacity building at local, national and regional levels with regard to bamboo and rattan scientists. It also enshrines the possibility of providing experts with the ability to link scientific knowledge with local needs in strategic areas of research, technology transfer, policy formulation and services. information.
Article 5o enshrines the powers of the Network in achieving its mission and objectives. Thus, the Network will be empowered, among others, to sign contracts and/or agreements with governments, organizations and public or private bodies of a national and international nature; hire personnel and advisors; acquire and own property property, acquiring personal property, including funds, rights and concessions; being part of administrative, quasi-judicial and judicial processes; and participating in activities that lead to the realization of their mission and purposes.
Article 6o talks about the condition to be a member of INBAR. It provides that the condition of INBAR member is open to all States that are members of the United Nations or its specialized agencies and that accept its mission and its purposes. It also provides for each member to designate a competent authority or body acting as the focal point for the Network.
Article 7o enunciates the organs of the Network. The INBAR has a Board, a Board of Directors and a Secretariat headed by a Director General.
Article 8o, points out the powers of INBAR Council.
Articles 9o, 10 and 11 deal with the composition and appointment of the Board of Directors, as well as their functions, powers and the way in which the meetings, votes and other procedures of this body are to be carried out.
Articles 12 and 13 contain provisions concerning the appointment, functions and powers of the Director General.
Article 14 refers to the general aspects related to the Secretariat.
Article 15 refers to the financial issues of INBAR. It is noted that the expenditure necessary for the operation of this agreement comes from the annual contributions provided by the States Parties, which are established in accordance with the provisions of Article 15.1.c. This means that: (i) The quotas shall be calculated by reference to the updated version of the Quota Scale for the prorating of United Nations expenses. However, the Council will establish a minimum quota to replace any lower quota calculated on the basis of the United Nations Scale, (ii) The minimum quota for the Least Developed Countries will be set at a lower level than for other countries. States Party, and (iii) States Parties must make the payment according to the calculated quota in the event that it exceeds the minimum. This article also refers to the currency in which the payment is to be made, the penalties applicable to the Member States for payment of the fee for two years and their derogation. It also refers to the voluntary contributions of members and those provided by international intergovernmental and non-governmental organizations, or those made by any person, and to the financial regulation.
Article 16 determines the possibility of INBAR to establish partnerships and to sign cooperation agreements with states, organizations, corporations, companies, foundations and other institutions.
Article 17 sets out how to resolve disputes arising from the interpretation or implementation of the Agreement, noting that the mechanism is that of friendly consultations.
Article 18 provides for the possibility of making amendments to the Agreement, leaving this faculty in the head of the Council to its initiative or on the recommendation of the Board.
Article 19 determines the causes for the dissolution of INBAR.
Article 20 provides for the procedures for signature and accession. In this regard it is recalled that the Agreement was signed by the Ambassador of Colombia to the People's Republic of China for which the National Government granted the respective Full Powers. Once the legislative approval process and the constitutional review process are completed, both the Law and the Agreement, the National Government will be able to deposit the corresponding instrument of ratification with the Government of the People's Republic of China.
Article 21 states how the Agreement will enter into force. For the Colombian case, the agreement shall enter into force on the first day of the month after the date on which the depositary has received the corresponding instrument of ratification.
Article 22 provides for the possibility of denouncing the Agreement, which will take effect six months after it has been notified in writing to the other way, the fact that Colombia is a Member State of the Network, can generate enormous benefits for the improvement of institutional management in the Guadua resource, as well as to project in the international context the capacity and experiences achieved in this field by national organizations, generating accordingly, benefits for populations, families or persons whose income is dependent on cultivation; processing and use of the different species of bamboo and rattan.
For the reasons stated, the National Government, through the Minister of Foreign Affairs and the Minister of Agriculture and Rural Development, requests the honorable Congress of the Republic to approve the " Agreementthe establishment of the international network of the Bambu and the Ratan, given in Beijing, People's Republic of China, on 6 November 1997.
Of the honorable Congressmen,
The Foreign Minister,
JAIME BERMUDEZ MERIZALDE.
The Minister of Agriculture and Rural Development,
ANDRES FERNANDEZ ACOSTA.
1998 424 LAW
(January 13)
for 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 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., July 25, 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 "Agreement on the Establishment of the International Bamboo and Ratan Network," given in Beijing, People's Republic of China, on November 6, 1997.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Agreementthe Establishment of the International Network of the Bamboo and the Ratan", given in Beijing, China, on November 6, 1997, which 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 Deputy Minister of Agriculture and Rural Development, in charge of the Office of the Minister of Agriculture and Rural Development,
RICARDO ALFONSO SANCHEZ LOPEZ.
