LAW 1465

(June 29)

Official Journal No. 48.116 of 30 June 2011

CONGRESS OF THE REPUBLIC

For which the National Migration System is created and rules are issued for the protection of Colombians abroad.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. CREATION. Create the National Migration System, SNM, as a harmonious set of institutions, civil society organizations, standards, processes, plans and programs, from which the design, execution, monitoring and " Evaluation of Migration Policy with the purpose of the quality of life of Colombian communities abroad, considering all aspects of migration and immigration.

PARAGRAFO. Without prejudice to other legal and legal provisions, the Ministry of Foreign Affairs will be responsible for the formulation and implementation of the Migration Policy.

ARTICLE 2o. OBJECT. The National Migration System, SNM, will have as its main objective to accompany the National Government in the design and implementation of public policies, plans, programs, projects and other actions aimed at strengthening the State with Colombian communities abroad.

ARTICLE 3o. PRINCIPLES. The National Migration System, SNM, will be guided by the following principles:

1. Integral respect for the human rights of migrants and their families.

2. Assistance and improvement of the quality of life of Colombians abroad.

3. Promotion of orderly migration to mitigate the negative effects of irregular immigration, human trafficking and the illicit trafficking of persons including an early warning system.

4. Participation of the Colombian diaspora in the country's destinies and the exercise of the right to vote and to stand as a liability on equal terms with the rest of the Colombians.

5. Social integration of foreigners in Colombia through cross-cutting policies aimed at all citizens and based on tolerance, equality and non-discrimination, following principles of reciprocity.

6. Promotion of dialogue with countries of origin, transit and migratory destination, including the ratification and development of necessary agreements.

7. Development of migration development and co-development initiatives, strengthening and expanding the Focal Points and Opportunities for Foreign Returned (CRORE).

ARTICLE 4. SYSTEM GOALS. Are targets of the National Migration System, SNM, the following:

1. To accompany the migratory processes integrally, seeking efficiency, equity, reciprocity, participation, mainstreaming, concertation and equal treatment and conditions for all Colombian migrants and foreigners who are in Colombian territory.

2. To present to the Foreign Ministry concerns, diagnoses and proposals for the establishment and strengthening of ties between the Nation and Colombians abroad, including the creation of the Vice-Ministry of Migration and Development.

3. Identify the interests and needs of Colombians abroad and their families.

4. Strengthen the channels of communication, participation and integration of Colombian migrants, as well as Colombian networks and associations abroad.

5. To strengthen political and technical actions and mechanisms to improve the conditions and quality of life of Colombians abroad and their families in aspects of remittances, orderly labor flows, protection, and social security, the type-approval of qualifications and technical, professional and occupational skills, return assistance including professional and domestic professional equipment, the protection of their human rights, or any others that may be relevant.

6. To promote actions and mechanisms of a political and technical nature, to improve the conditions and opportunities for the insertion and exploitation of the qualified human resource and to promote cultural and educational exchange with the countries of greatest reception of Colombians.

7. Propose and urge the National Government to conclude bilateral and multilateral agreements, conventions, and treaties that address the different thematic aspects of international Colombian migration.

8. Propose and participate in spaces for the development of education, science, culture, art, research, sport and the social integration of migrant citizens.

9. Promote the political, broad and free participation of Colombians abroad to take part in decisions of national interest and in the shaping and exercise of political power in accordance with the Constitution and the law.

10. To disseminate the legal and constitutional mechanisms for the exercise of Citizen Veeduria by Colombians abroad.

11. Propose and support actions to strengthen the Diplomatic and Consular service according to the specific needs of Colombians abroad.

12. Promote the linkage and articulation of comprehensive migration policy to national, regional and local development plans and co-development policies.

13. Facilitate and accompany the management and implementation of productive, social or cultural projects of initiative of the migrant population both abroad and within the country.

14. Propose the implementation of mechanisms for legal advice in criminal matters for connationals detained and/or convicted in foreign prisons.

15. Promote the articulation of inter-institutional actions and public and private levels for the creation of a comprehensive, periodic and reliable statistical information system on migratory matters.

16. Propose the implementation of a comprehensive insurance policy for the repatriation of the bodies of our deceased nationals abroad.

17. Other than those that do not correspond to other authorities.

PARAGRAFO. In the achievement of these objectives, the competition and cooperation of the private sector, non-governmental organizations and those of a multilateral nature may be convened.

ARTICLE 5o. CONFORMING. The National Migration System will be integrated by the National Intersectoral Migration Commission as a central axis, as well as state and government entities, which are not part of the first, but whose functions and objectives are related to the issues concerning emigration and immigration in Colombia, the Senate and House of Representatives Committees, and the National Bureau of the Civil Society for Migration, where the seat will be held. private sector, non-governmental organizations, academia and organizations Colombians on the outside whose objectives address migration issues.

PARAGRAFO. The National Bureau of the Civil Society for Migration will give its own regulations, elect its representative to the National Intersectoral Migration Commission and must be legally constituted.

ARTICLE 6o. SPECIAL FUND FOR MIGRATION. The National Migration System, SNM, will have a Special Fund for Migration, which will function as an account attached to the Foreign Ministry's Rotary Fund. The resources of the Special Fund for Migration will be used to support the Ministry of Foreign Affairs economically in special cases of vulnerability and for humanitarian reasons, when assistance and protection are required. immediate to our fellow nationals abroad.

PARAGRAFO 1o. The Ministry of Foreign Affairs will convene the competent National Government entities to define the most immediate and operational mechanisms for addressing these cases.

PARAGRAFO 2o. The Ministry of Foreign Affairs ' National Intersectoral Migration Commission will define the regulation of this article in a term not exceeding six (6) months.

ARTICLE 7o. PARTICIPATION OF COLOMBIANS ABROAD. The National Government will create spaces for participation, with the purpose of facilitating the dialogue of Colombian associations, networks and federations abroad. In these spaces, the proposals of these communities will be presented and concerned, in order to be evaluated and implemented by the National Intersectoral Migration Commission.

ARTICLE 8o. RETURN PLAN. On the initiative of a parliamentary initiative or the National Government, the Plan of Return will be formulated for Colombian migrants who are returned or voluntarily return to the country.

This Return Plan will provide for inter-institutional and cooperation alliances, in order to provide the tools necessary to ensure the exercise of their rights, through actions to facilitate access to health services and housing, training at work level, development of enterprises and access to credit for productive projects, creation of tax exemptions and tax and customs incentives, as well as social assistance through legal advice and psychological support for migrants and their family core.

The policy of assisted and assisted return is conducive to facilitating the full reintegration of returnees, accompanied by instruments that reduce or eliminate taxes and tax burdens, in order to channel remittances from returnees to investment and savings.

In turn, the Ministry of Foreign Affairs, through the Consulates, will develop activities to protect the fundamental rights of Colombians abroad, in addition to exercising before the authorities of the country where they are located. relevant actions to ensure that the interests of natural and legal persons are respected in accordance with the principles and rules of international law.

The deported Colombians will not be reviewed for reasons of immigration discretion, irregular permanence, incomplete documentation or denial of political asylum in the country expelled. The Administrative Department of Security or the body that does its time will verify the information and issue the respective judicial certificate.

Public entities will promote the mechanisms for the implementation of a plan to promote employment and social and labor integration of the Colombians who return and their relatives to facilitate their insertion into the labor market.

PARAGRAFO. The National Government through the Ministry of Foreign Affairs will regulate the implementation of the Plan of Return for Colombian migrants established in this article.

ARTICLE 9o. VALIDITY. This law governs from the date of its enactment and repeals any provisions that are contrary to it.

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

Publish and comply.

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.

The Minister of Finance and Public Credit,

JOHN CARLOS ECHEVERRI GARZON.