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1693 OF 2013
(December 17)
Official Journal No. 49.007 of 17 December 2013
CONGRESS OF THE REPUBLIC
By means of which the "Substitute Protocol of the Simon Rodriguez Convention", signed in Valencia, Bolivarian Republic of Venezuela, is approved on June 23, 2001.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Substitute Protocol to the Simon Rodriguez Convention", signed in Valencia, Bolivarian Republic of Venezuela, on 23 June 2001.
(To be transcribed: A faithful and complete photocopy is attached in Spanish of the Protocol, which consists of five (5) folios, certified by the Director General of the General Secretariat of the Andean Community, a document that is based on the Internal Working Party of Treaties of the Directorate of International Legal Affairs of the Ministry of Foreign Affairs.
SIMON RODRIGUEZ CONVENTION REPLACEMENT PROTOCOL.
The Governments of the Republics of Bolivia, Colombia, Ecuador, Peru and Venezuela; Convinced of the need to promote the coordination of policies in the social and labor issues that will be fundamental in the march of the Andean Common Market and the Sub-regional Social Agenda, according to the guidelines issued by the Andean Presidential Council;
Encouraged by the purpose of guiding these social issues within a framework of concerted subregional action, encouraging, also, the active participation of the Andean business and labor sectors in this effort;
Determined to establish an institutional basis that would effectively contribute to the development of these sociolaboral issues within the framework of the Andean Integration System;
Recognizing the importance of the figure of the illustrious humanist Don Simon Rodriguez, Master of the Liberator Simon Bolivar, in whose homage this Convention bears his name;
They have resolved to replace the text of the Simon Rodriguez Convention in the following terms:
DEFINITION.
ARTICLE 1o. The Simon Rodriguez Convention is the Forum for Debate, Participation and Coordination for the social and abortion issues of the Andean Community and is part of the Andean Integration System.
OBJECTIVES.
ARTICLE 2o. They are targets of the Simon Rodriguez Convention:
(a) Propose and discuss initiatives in the issues related to the social field that make an effective contribution to the development of the Social Agenda of the Subregion, contributing to the activity of the other organs of the Andean System of Integration;
(b) Define and coordinate Community policies on the promotion of employment, training and job training, health and safety at work, social security, labour migration, as well as other issues which may determine the Member countries; and
c) Propose and design cooperation and coordination actions among the member countries on the Andean sociolaboral theme.
ORGANOS.
ARTICLE 3o. The Simon Rodriguez Convention is comprised of:
a) The Conference;
b) The Work-Specific Commissions; and
c) The Technical Secretariat.
ARTICLE 4. The Conference is the maximum instance of the Convention and is expressed through Recommendations adopted by consensus. This Conference consists of:
(a) The Ministers of Labour of the Member States of the Andean Community or their representatives;
b) Coordinators of the National Chapters of the Andean Business Advisory Council;
c) Coordinators of the National Chapters of the Andean Labour Advisory Council.
ARTICLE 5o. The Conference will be chaired by the Minister of Labor of the country that holds the Presidency of the Andean Presidential Council.
ARTICLE 6o. These are Conference functions:
a) Adopt Recommendations leading to the achievement of the objectives outlined in this Convention;
b) Evaluate the progress of the Convention;
c) Study and propose modifications to the Convention;
d) Approve or modify your own Rules of Procedure and the Specific Work Commissions;
e) Approve the Convention's Annual Program of Activities;
f) Review and propose annually the budget for the operation of the Convention and refer it to the Andean Council of Foreign Ministers, which will proceed to its consideration and approval;
g) Constituency of the Specialized Work Commissions and evaluate their reports;
h) Identify the social issues of the Subregional Social Agenda that may be the subject of international cooperation;
i) Know all other matters relating to the areas of your competence.
In the performance of the above functions, the Conference will act by consensus.
ARTICLE 7o. The Conference shall hold Ordinary Meetings at least once a year and Extraordinary as many times as necessary, in accordance with the procedure laid down by the Conference Regulation. The ordinary and extraordinary meetings shall be convened by the Technical Secretariat, on behalf of the Presidency of the Conference, and shall be held preferably at the headquarters of the Technical Secretariat.
ARTICLE 8. The recommendations adopted by the Conference and which it requests are incorporated into the Andean Community legislation, will be forwarded to the Andean Council of Foreign Ministers, by Interim Secretary-General of the Andean Community, in order to assess the adoption of the relevant Decisions.
The Regulation will determine the quorum and other requirements that the Conference should observe for the adoption of the Recommendations.
ARTICLE 9o. The Specialized Work Commissions will be constituted by decision of the Conference and will provide advice to the Convention. They shall be composed, in a tripartite manner, of representatives appointed by the Ministries of Labour and the Andean Business and Labour Advisory Councils, according to the procedure laid down in the Rules of Procedure.
Each Working Committee will appoint a Coordinator and meet the times the Conference points out.
ARTICLE 10. The Specialized Working Commissions may invite to participate in their debates, without the right to vote, to international organizations, as well as to organizations and institutions of the related society. with the topics to be analyzed.
The Regulation of the Specialized Commissions will determine the conditions and modalities for the broader participation of these institutions.
ARTICLE 11. These are the functions of the Work-Specific Commissions:
a) Prepare the documents and reports requested by the Conference;
b) Celebrate their working meetings according to the procedure laid down in their Rules of Procedure;
c) Present to the Conference regular reports on the development of their activities; and
d) Perform the other activities and studies that the Conference entrusts you.
ARTICLE 12. The Technical Secretariat is the instance of coordination and support of the Simon Rodriguez Convention. Their functions are:
a) Support the Conference in the elaboration of the recommendations of Recommendations leading to the achievement of the objectives outlined in this Convention;
b) Supporting the Conference in the evaluation of the progress of the Convention;
c) Understanding the positions of the Conference and of the Specialized Commissions of Labor, maintaining permanent linkage with the Ministries of Labor and the Andean Business and Labor Advisory Councils;
d) Propose to the Conference the necessary measures for the proper fulfilment of the objectives of this Convention;
e) Develop the draft budget, the Convention's annual activities programme and the report of its implementation, for consideration of the Conference;
f) Maintaining working links with international, regional, sub-regional, non-governmental bodies, as well as other countries, with the aim of intensifying their relations, cooperation and technical assistance;
g) Elaborate, in coordination with the Conference and with the Specialized Work Commissions, the tentative agenda of their meetings and bring the corresponding minutes; and
h) The other functions entrusted to you by the Conference.
ARTICLE 13. Each Member Country shall ratify this Substitute Protocol to the Simon Rodriguez Convention, in accordance with their respective legal systems. It shall enter into force when all Member Countries have made the deposit of the instrument of ratification.
The instruments of ratification shall be deposited with the General Secretariat of the Andean Community, which shall communicate the date of each deposit to the Governments of the Member Countries.
ARTICLE 14. The Simon Rodriguez Convention, as an integral part of the Andean Integration System, will govern indefinitely and cannot be denounced independently of the Cartagena Agreement.
In the event of a complaint, the Member State involved must comply with the economic obligations incurred by the country concerned in respect of the Convention.
ARTICLE 15. This Substitute Protocol to the Simon Rodriguez Convention may not be signed or ratified with reservations.
ARTICLE 16. After its entry into force, the Present Protocol Substitute to the Simon Rodriguez Convention shall be open to the accession of any other country that reaches the status of an Associate Member Country. of the Andean Community, taking into account the procedures that the Andean Council of Foreign Ministers and the Commission of the Andean Community have in good time.
ARTICLE 17. Replace the text of the Simon Rodriguez Convention signed in 1973 as well as the text of its Protocol signed in 1976, by the text of this Substitute Protocol.
First: The General Secretariat of the Andean Community will assume the functions of the Technical Secretariat of the Simon Rodriguez Convention, the Conference will be able to submit to the Andean Council of Ministers of Relations Exteriors the desirability of establishing the permanent seat of the Convention in Quito, Ecuador.
As long as the above paragraph persists, the General Secretariat of the Andean Community shall administer the resources of the Convention. To this end, it shall submit annually to the President of the Conference for referral to the Andean Council of Foreign Ministers, a report on the implementation of the budget of the Convention, the General Secretariat of the Andean Community inform the Conference, at each of its meetings, of the use of the Convention's resources.
Second: The General Secretariat of the Andean Community will present the draft Regulations of the Conference and of the Specialized Commissions of Work at the first meeting to be held by the Conference, for its consideration.
In faith of which and having found their Full Powers sufficient and in good and due form, the respective Foreign Ministers sign the present instrument.
Made in the city of Valencia, Bolivarian Republic of Venezuela, at twenty-three days of the month of June of the year two thousand one.
By the Government of Bolivia
JAVIER MURILLO DE LA ROCHA.
By the Government of Colombia
GUILLERMO FERNANDEZ DE SOTO.
By the Government of Ecuador
HEINZ MOELLER FREILE.
By the Government of Peru
JAVIER PEREZ DE CUELLAR.
By the Government of Venezuela
LUIS ALFONSO DAVILA GARCIA.
SIMON RODRIGUEZ CONVENTION REPLACEMENT PROTOCOL
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 Colombian Political Constitution, we present to the honorable Congress of the Republic, the bill through which the "Protocol Substitute of the Convention" is approved Simon Rodriguez " signed on 23 June 2001 in the city of Valencia, Republic Venezuela's Bolivarian.
Background
Colombia is part of the Andean Community of Nations (CAN), which is a community of four countries (Bolivia, Colombia, Ecuador and Peru) that decided to voluntarily join with the goal of achieving faster, more balanced development. and autonomous, through Andean, South American and Latin American integration.
The CAN is governed by the Cartagena Agreement signed in Cartagena de Indias, Colombia, on May 26, 1969 and by which the Andean Community is created, having as objectives:
1. To promote the balanced and harmonious development of the Member Countries in conditions of equity, through integration and economic and social cooperation.
2. Accelerate your growth and the generation of occupation.
3. Facilitate their participation in the process of regional integration, with a view to the gradual formation of a common Latin American market.
4. Reduce external vulnerability and improve the position of member countries in the international economic context.
5. Strengthen sub-regional solidarity and reduce existing development gaps between member countries.
These objectives are intended to ensure a persistent improvement in the living standards of the inhabitants of the Subregion.
For the development of the Sociolaboral theme, the Advisory Council of Ministers of Labor of the Andean Community (CAMT) was created, which was born by agreement of the Andean Presidents, on the occasion of its 12th Presidential Council, held in Lima in June 2000. This agreement institutionalised the activities that the Ministries of Labour had already been developing since May 1999.
these years, important advances have been made within this Advisory Council, with the technical support for the approval of the Integrated Plan for Social Development of the Andean Community (PIDS) as well as the Socio-occupational instruments related to Labor Migration, Safety and Health at Work and Social Security. It can also be highlighted among its actions, to ensure that the Subregion has an Andean Labor Observatory, a comprehensive proposal in coordination with the Andean Business and Labor Advisory Councils.
As established by Decision 666 of June 2007, the Ministry of Labor and Social Welfare of Chile is invited to participate in the activities of this Advisory Board in its status as an Associate Member of the Andean Community.
Following the Andean Community regulations, the Presidency of this Advisory Council rotates annually by recusing the mandate in the country that it is the right to assume the EU presidency.
General Objective
The Advisory Council of Ministers of Labor of the Andean Community seeks to promote the social dimension of the integration process through an effective articulation of its actions with the Ministries of Labor of the Subregion as well as with the other bodies and institutions of the Andean Integration System.
The Simon Rodriguez Convention was signed in Caracas on October 26, 1973, this Convention was intended to: " adopt strategies and action plans that guide the activity of the subregional and national agencies, so that the measures In order to achieve the objectives of the Cartagena Agreement, they will lead to a comprehensive improvement in living and working conditions in the Andean Group countries. "
At the meeting of the Council of Ministers of Labor held in Cartagena in 1999, Colombia proposes the modification of the Convention, to give a space for tripartite participation in the social issues, and to adjust it to the current labor standards.
The Substitute Protocol to the Simon Rodriguez Convention was signed by the Ministers of Foreign Affairs of the Member Countries of the Andean Community in the city of Valencia, the Bolivarian Republic of Venezuela, on 23 July 2001, more than two years of work of the CAMT and its technical teams. The Protocol replaces the texts of the Convention signed in 1973 and its amendment to the year 1976. For this time the Simon Rodriguez Convention functioned as an exclusive forum of the Andean countries ' Ministers of Labor.
It has been resolved to replace the text of the Simon Rodriguez Convention.
Adoption of the Substitute Protocol
The Substitute Protocol was signed on June 23, 2001, by Javier Murillo de la Roca, Government of Bolivia; Guillermo Fernandez de Soto, Government of Colombia; Heinz Moeller Freile, Government of Ecuador; Javier Perez de Cuellar, Government of Peru; Luis Alfonso Davila García.
Convention Objectives
Propose and discuss initiatives on the issues related to the social field that make an effective contribution to the development of the Social Agenda of the Subregion, contributing to the activity of the other organs of the Andean System of Integration.
To define and coordinate Community policies on the promotion of employment, training and job training, health and safety at work, social security, labour migration, as well as other issues that may determine Member Countries,
Promote and design cooperation and coordination actions among the Member Countries in the Andean sociolaboral theme.
In view of the foregoing, the National Government, through its Ministries of Foreign Affairs and Social Protection, requests the honorable Congress of the Republic to approve the "Substitute Protocol to the Simon Rodriguez Convention". signed on June 23, 2001 in the city of Valencia, Bolivarian Republic of Venezuela.
Honorable Congressmen,
The Minister of Foreign Affairs (Fdo),
MARIA ANGELA HOLGUIN HANG.
The Minister of Labor (Fdo),
RAFAEL PARDO WHEEL.
THE UNDERSIGNED COORDINATOR OF THE INTERNAL WORKING GROUP OF TREATIES OF THE INTERNATIONAL LEGAL AFFAIRS DIRECTORATE OF THE MINISTRY OF FOREIGN AFFAIRS,
CERTIFIES:
What, the reproduction of the text above is a faithful and complete copy of the copy that is based on the file of the Internal Working Group of the Treaties of the International Legal Affairs Directorate of the text of the Protocol Replacement of the Simon Rodriguez Convention ", signed in Valencia, Bolivarian Republic of Venezuela, on 23 June 2001.
Dada en Bogotá, D. C., at thirty (30) days of the month of March of two thousand twelve (2012).
The Treaty Working Internal Group Coordinator
Directorate of International Legal Affairs,
ALEJANDRA VALENCIA GARTNER.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., 3 September 2003
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Carolina Barco Isakson.
DECRETA:
ARTICLE 1o. Approve the "Substitute Protocol to the Simon Rodriguez Convention", signed in Valencia, Bolivarian Republic of Venezuela, on June 23, 2001.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Substitute Protocol to the Simon Rodriguez Convention", signed in Valencia, the Bolivarian Republic of Venezuela, on 23 June 2001, which, by the first article of this law, will be binding on the Republic of Colombia 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 and the Minister of Labor.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Labor,
RAFAEL PARDO WHEEL.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., 3 September 2003
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Carolina Barco Isakson.
DECRETA:
ARTICLE 1o. Approve the "Simon Rodriguez Substitute Protocol" signed in Valencia, Bolivarian Republic of Venezuela on June 23, 2001.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Substitute Protocol to the Simon Rodriguez Convention", signed in Valencia, the Bolivarian Republic of Venezuela, on 23 June The Republic of Colombia shall be bound by Article 1o of this Law to force the Republic of Colombia 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, the Republic,
JOHN FERNANDO CHRIST BUSTS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
HERNAN PENAGOS GIRALDO.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 17 December 2013.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Ministry of Labor,
RAFAEL PARDO WHEEL.
