Key Benefits:
1794 OF 2016
(July 11)
Official Journal No. 49.931 of July 11, 2016
CONGRESS OF THE REPUBLIC
By means of which the " Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements of the United Nations reserve forces for the "peacekeeping operations", signed in New York City on January 26, 2015.
COLOMBIA CONGRESS
Having regard to the text of the by means of which the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements of the reserve forces of the Nations" is approved United for peacekeeping operations ", signed in New York City on January 26, 2015, (To be transcribed: The full and faithful photocopy of the text in Spanish of the Treaty, certified by the Coordinator of the Internal Working Party of Treaties of the Directorate of International Legal Affairs of the Ministry of Foreign relations, a document that rests in the archives of that Ministry and consists of two (2) folios).
2015 BILL NUMBER 164
By means of which the Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of reserve forces agreements is approved. United Nations for peacekeeping operations ", signed in New York City on January 26, 2015.
The Congress of the Republic
Having regard to the text of the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of United Nations reserve force agreements for the operations of Peacekeeping ", subscribed to in New York City on January 26, 2015.
(To be transcribed: Full and faithful photocopy of the original text in Spanish of the Agreement, certified by the Coordinator of the Internal Working Group of Treaties of the International Legal Affairs Directorate of the Ministry of Foreign relations, a document that rests in the archives of that Ministry and consists of two (2) folios).
This bill consists of fourteen (14) folios.
FRAMEWORK AGREEMENT BETWEEN THE UNITED NATIONS AND THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
CONCERNING CONTRIBUTIONS TO THE UNITED NATIONS RESERVE FORCES AGREEMENT SYSTEM FOR PEACEKEEPING OPERATIONS
Signatories to the Present Agreement:
Mr. Herve Ladsous Assistant Secretary General for Peacekeeping Operations at United Nations Representation
Y
Mr. Juan Carlos Pinzón Bueno Minister of National Defense in Representation of the Government of the Republic of Colombia
Recognizing the need to accelerate the supply of certain resources to the United Nations so that the mandate of the peacekeeping operations of the United Nations can be effectively and in a timely manner. United Nations authorized by the Security Council,
Recognizing further that commitments to offer resources for peacekeeping operations bring benefits that help increase flexibility and reduce costs,
Having present the intention of the Republic of Colombia to actively contribute to the maintenance of international peace and security.
Come to the following understanding:
I. Object
The purpose of this agreement is to establish the framework for the Government of the Republic of Colombia's contribution to United Nations peacekeeping operations and to identify the resources that the Government will provide to the United Nations. UN peacekeeping operations for the implementation of the mandates authorised by the Security Council.
II. Description of Resources
Taking into account the guidelines for the provision of resources to United Nations peacekeeping operations, the Government of the Republic of Colombia may provide personnel and/or equipment in relation to the following types of resources. of resources, among others:
1. Army units
2. Naval units
3. Air Force Units
4. Police units
III. Provisioning conditions
The final decision regarding the effective deployment of resources by the Government of the Republic of Colombia will always be a national decision. In relation to any effective deployment of resources by the Government of Colombia, and subject to the entry into force of this agreement, the parties shall agree upon subsequent arrangements for implementation to implement the provisions set forth in this Agreement. framework agreement.
Such arrangements shall contain, inter alia: (i) a detailed description of the type and quantity of personnel, accompanied, if appropriate, of the relevant description of the equipment that the Government of the Republic of Colombia decides to supply to the peacekeeping operations of the The United Nations, as well as (ii) the disciplinary regimes and the corresponding standards of conduct, including the conditions for the investigation of any fault; iii) the conditions for the reimbursement and the provision of support to the Government of the Republic of Colombia by the United Nations; (iv) the provisions relating to autonomy (v) the conditions for the settlement of disputes and third party claims; and (vi) any other provisions relating to the implementation of this Agreement.
IV. Staff Regulations and Equipment
The status of personnel and equipment provided by the Government of the Republic of Colombia to provide services in peacekeeping operations shall be governed by the relevant provisions laid down in the agreement on the the status of the forces or the agreement on the status of the mission (SOFA or SOMA) specific to the peacekeeping operation in question or the provisions of the model agreement on the status of forces (A/45/594) pending of the conclusion of the specific SOFA or SOMA of the mission and in accordance with the Convention on Privileges and United Nations immunities, approved by the United Nations General Assembly in 1946.
In this regard, the privileges and immunities, together with the applicable criminal and civil jurisdiction specified in the implementation arrangements, shall be subject to the conditions agreed by the United Nations and the receiving State of the Peacekeeping operation.
V. Entry into Vigor
Following its signature, this framework agreement will enter into force on the date of receipt of the written notification, transmitted through the diplomatic channel, by the Government of the Republic of Colombia to the United Nations in which it has concluded the procedure necessary for the framework agreement to enter into force in accordance with its national legislation.
This framework agreement shall be without effect three months after the date on which any of the signatories refer to the other part of the written notification of their intention to terminate it.
Made in New York, on January 26 of the year two thousand fifteen, in the Spanish and English languages, both texts being equally authentic, in the understanding that, in case of difference in interpretation, the English text will prevail.
The Coordinator of the Internal Legal Affairs Directorate of the International Legal Affairs Directorate of the Ministry of Foreign Affairs of the Republic of Colombia
CERTIFIES:
That the reproduction of the text above is a faithful and complete copy of the original of the text of the "Agreement between the United Nations and the Government of the Republic of Colombia on Contributions to the System of Agreements of the United Nations reserve forces for peacekeeping operations ", signed in New York City on January 26, 2015, a document that is based on the files of the Internal Working Group of the Treaties of the United Nations. of International Legal Affairs of this Ministry and consists of two (2) Folios.
Dada en Bogotá, D. C., a 11 de marzo de 2015.
The Treaty Work Internal Group Coordinator,
MARIA ALEJANDRA ENCINALES JARAMILLO.
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 " Framework Agreement between the United Nations and the Government of the Republic of Colombia on contributions to the United Nations system of reserve forces for peacekeeping operations, subscribed in New York City on January 26, 2015.
1. About the United Nations Organization[1]
The United Nations (hereinafter the UN) is an International Organization founded in 1945 after World War II by 51 countries and whose main objective is to maintain international peace and security. It seeks to foster friendly relations between nations, promote social progress, and improve living standards and human rights.
The work of the UN has a global reach and therefore within its objectives are mainly highlighted, among others, the maintenance of peace and the consolidation of it at the global level, the prevention of conflicts and assistance humanitarian. In addition, the Organization works on a wide range of issues of utmost importance such as sustainable development, environmental protection, refugee work, disaster relief, the fight against terrorism, disarmament and non-proliferation, protection and promotion of human rights, gender equality, economic development, land mine removal, and food security, just to name a few. All this work is done in the attention of his guiding mandate, which is to ensure world peace and security for present and future generations.
Acordemented, the organization itself has indicated that its work is primarily guided by the following goals[2]:
-- Maintaining international peace and security;
-- Foster friendly relations between nations;
-- Helping nations work together to improve the lives of the poor, overcome hunger, disease and illiteracy, and promote respect for the rights and freedoms of others;
-- Serve as a center that harmonizes nations ' efforts to achieve these common goals.
It should be added that, thanks to the international legal personality that has been recognized in its founding Charter, the Organization can act as a subject of independent public international law, having an impact on a wide range of topics. As a consequence of the foregoing and for the achievement of its objectives, the UN may enter into legal relations with any other subject of international law, and even with private individuals if it so requires.
2. About United Nations Peacekeeping Operations[3]
a. Mandates and legal basis for peacekeeping
The UN[4], through its article 24, grants the Security Council the main responsibility for the maintenance of international peace and security. For these purposes, Chapters VI and VII are granted the capacity to take the necessary measures to ensure peace and security. It is in this framework that the Security Council is authorized to establish peacekeeping missions, when in their judgment the circumstances require it.
It should be clarified that, as such, the peacekeeping operations are not explicitly provided for in the Charter, but today they have as one of the main instruments in the UN repertoire to achieve their purposes. That said, UN peacekeeping operations are deployed under the general powers granted to the Security Council by the Charter itself. Namely, these powers are contained in Chapters V to VIII.
Chapter V, entitled "The Security Council", contains the general description of the body. This chapter is the main legal source of the Security Council, as it grants its guiding mandate, contains the exhaustive enunciation of its powers and also establishes its organic structure. Two aspects are key in this chapter for the purpose of understanding the legal framework of the Peace Operations. The first, which is given to this body by Article 24, is the "primary responsibility for maintaining international peace and security", and second, which, through Article 29, the Security Council " may establish subsidiary bodies which it considers necessary for the performance of its tasks. '; These notions are given their practical scope in the following chapters
Thus, Chapter VI refers to the "peaceful settlement of disputes," and concerns, among other things, the role the Security Council plays in situations that may create international tensions that endanger peace and international security. Of this, it is mainly to emphasize article 34, since it gives the Security Council competence to know of:
" Any dispute, or any situation likely to lead to international friction or give rise to a dispute, in order to determine whether the prolongation of such a dispute or situation may endanger the maintenance of international peace and security. "
By virtue of the above, UN Peacekeeping missions have traditionally been associated with this chapter, as these are often deployed to contain situations that may be configured as threats to Peace and International Security. However, in practice the Security Council rarely mentions Chapter VI in resolutions establishing Peacekeeping Operations.
For its part, Chapter VII, concerning the "action in the event of threats to peace, breaches of peace or acts of aggression", contains provisions relating to the imperatives of the Security Council. Only when the Security Council acts under this Chapter is it understood that its decisions are binding[5]. Likewise, it is under this Chapter that the Security Council is authorized to avail itself of any measure it deems necessary and appropriate to ensure international Peace and Security, even if it entails the use of force. From time to time, the Security Council has adopted the practice of invoking Chapter VII when authorizing the deployment of Peacekeeping Operations. The invocation by the Security Council of this Chapter in its resolutions, in addition to indicating the legal basis for its action, stresses the importance of it for the safeguarding of International Peace and Security.
Chapter VIII of the Charter provides for the participation of regional bodies and entities in the maintenance of international peace and security as long as their activities are compatible with the objectives and principles set out in the Charter. Chapter I of the Charter. Under this Chapter, the Security Council disconcentrates its obligations regarding the maintenance of world peace and security, allowing the interveners of other organizations, such as NATO, in the fulfillment of their objectives.
Of the above, it can be colegated that while the Peacekeeping Operations are not explicitly enshrined in the Charter, the same ones can be affected by the general powers granted to the Security Council. They are extensive and sufficient to undertake such initiatives. To know, their capacity to act in respect of any situation that threatens International Peace and Security, added to the prerogative of creation of subsidiary bodies and the freedom to take all necessary measures when it considers it necessary, are intertwined to form the conventional legal basis necessary for the existence of the Peacekeeping Operations.
b. General Notions about Peacekeeping Operations
For the past 60 years, the figure of the Peacekeeping Operations has been consolidated as the main tool in the international community's service for the management of international crises that threaten peace and global security[6]. Acordemented, these operations have been set up in a key element for the UN in accompanying the difficult transit that states between conflict situations and the achievement of Peace must be undertaken[7].
These activities are governed by three basic principles[8]:
-- Consent of the parties;
-- Imbias;
-- No use of force, except in legitimate defense and in defense of the mandate.
These Operations are designed to execute a broad spectrum of issues beyond the maintenance of peace proper. Among these other topics can be found, inter alia, deployed operations to: policy facilitation[9], civil protection[10], aid in disarmament, demobilization and reintegration of former combatants[11], protect and promote human rights and help restore the rule of law[12].
Since the deployment of the first operation in 1948[13], as of today, more than 60 operations have been undertaken. There are currently 16 active Peacekeeping Operations, namely:
-- United Nations Multidimensional Integrated Stabilization Mission in Mali (Minusma)
-- United Nations Mission for the Western Sahara Referendum (Minurso)
-- United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (Minusca)
-- African Union and United Nations Hybrid Operation in Darfur (Unamid)
-- United Nations Interim Administration Mission in Kosovo (Unmik)
-- United Nations Peacekeeping Force in Cyprus (Unficyp)
-- United Nations Interim Force in Lebanon (Unifil)
-- United Nations Military Observer Group in India and Pakistan (Unmogip)
-- United Nations Stabilization Mission in Haiti (Minustah)
-- United Nations Mission in Liberia (Unmil)
-- United Nations Operation in Ivory Coast (Onuci-Unoci)
-- United Nations Stabilization Mission in the Democratic Republic of the Congo (Monusco)
-- United Nations Assistance Mission in the Republic of South Sudan (Unmiss)
-- United Nations Interim Security Force for Abyei (Unisfa)
-- United Nations Agency for the Surveillance of the Truce (Onuvt-Untso)
-- United Nations Separation Observation Force (Fnuos-Undof)
Although each Peacekeeping Operation is different, in essence, all operations contain common elements. Thus, it is observed that the Missions for the Maintenance of Peace, usually have or meet the following objectives:
-- By deploying effective personnel, prevent the emergence of a conflict or its spread across different borders.
-- Stabilize conflict situations after a ceasefire to create conditions in which all parties can achieve a lasting peace agreement.
-- Provide assistance for the application of a general peace.
-- Guide states or territories through a transition that will lead them to a stable government that is based on democratic principles, good governance and economic development.
Depending on the specific configuration of the challenges, the UN peacekeeping forces are often aimed at playing a catalytic role in the following activities:
-- Disarmament, demobilization and reintegration of former combatants.
-- Mines-related activities.
-- Security sector reform and other activities related to the rule of law.
-- Protection and promotion of human rights.
-- Assistance in organizing electoral processes.
-- Support in restoring and extending the authority of the State.
-- Promoting social and economic recovery and development.
3. Security Cooperation Relationship between Colombia and the United Nations.
The Ministry of Defense is developing an international cooperation strategy that is deployed in the bilateral and multilateral fields. It is governed by prudence, respect, cooperation, transparency and pragmatism, always giving priority to diplomatic channels and international law. It is based on an approximation of the sector to different regions of the world with strategic criteria of prevention, cooperation and modernization for the strengthening of national security and defense.
This Strategy is based on consolidating participation in international scenarios under the perspective of the future of the Public Force, contributing to the capabilities developed in recent years but in turn projecting new capabilities and standards, based on the professionalism of the men and women of the Military Forces and the National Police. The capabilities of our Public Force are the basis under which Colombia has been able to consolidate its position as a relevant player in regional, hemispheric and global scenarios; through different mechanisms of bilateral cooperation, triangular and multilateral.
This has been undertaken through the projection of international relations with countries and organizations from a dynamic point of view, which will allow in a flexible way to adapt to the security challenges of the future, by means of elements of capacity projection involving the development of a portfolio of demand and supply of cooperation.
Thus, it is a strategic objective of Colombia to strengthen cooperation with multilateral organizations and other nations, not only in the perspective of seeking greater effectiveness in the fight against transnational crime and other threats, but also to guide the vision of the future of the Colombian Armed Forces.
Colombia's experience in the fight against terrorism, drug trafficking, and transnational crime in general, is now recognized internationally. Just to mention, since 2010, the Colombian Armed Forces have trained more than 24,000 members of the Armed Forces and Security Forces from more than 70 countries. Colombia will continue with this effort to contribute to security, peace and regional and international stability, as well as by giving its expertise to the nations that require it.
Thus, as part of the implementation of the international strategy of the Defense Sector, the Colombian Government has been holding talks with the European Union (EU), the United Nations (UN) and the Organization of the Treaty of North Atlantic (NATO) in order to develop a broad framework of cooperation activities that contribute to the strengthening of the capabilities of the Armed Forces and thus raise their professional and operational standards.
It should be noted that Colombia has been a UN member since its founding in 1945. It should also be noted that, since its entry into it as a founding member, Colombia has been active in the work of the Security Council, starting with its first election as a non-permanent member in January 1947. Since that year, Colombia has occupied a non-permanent seat in seven (7) occasions[14].
Equally, Colombia is a member and is actively involved in the discussions and activities of the "Special Committee on Peacekeeping Operations" (also known as C34)[15]; committee established in February 1965 through the resolution of the General Assembly 2006 (XIX), as a subsidiary organ of the Assembly through the Fourth Commission: Commission of Special Policy and of Decolonization in addition, Colombia pays the obligatory annual quota concerning the Operations of Maintenance of Peace. This quota groups the corresponding amounts to fund each Operation that is established by the Security Council.
However, to date, a mechanism has not been formalized to allow for the formal and recurring participation in peace missions that the organization has around the world. The need to establish a closer relationship with the Department of Peace Operations (DPKO) that allows for this participation in a comprehensive and flexible manner, seeking to contribute with specialized personnel, has been established. without prejudice to national security requirements.
In light of these developments, Colombia has signed the present Framework Agreement with the DPKO for the participation in UN Peacekeeping Operations. In this way, the signing of this Framework Agreement is a milestone for the consolidation of the future of the Colombian Armed Forces.
Similarly, on an official visit by the Minister of National Defense to the United Nations, the opportunity was given to the Secretary-General of the United Nations, Ban Ki Moon, to present the important advances in security in our country, achieved thanks to the capabilities and professionalism of our Public Force. During this visit, dialogues were established designed to learn from the experience gained by the UN Departments of Political Affairs and Peace Operations in the implementation of demobilization, disarmament and reintegration schemes in post-conflict scenarios in other countries.
It should be noted that, historically, Colombia has made a decisive contribution to international peace and stability through its participation in international missions and peace operations through its Armed Forces. Thus, our country has participated since the last century in different UN missions mainly through police elements, in particular through the sending of observers and mission experts under the umbrella of the Convention on Privileges and Immunities. e Immunities of the United Nations of 1946 (of which Colombia has been a part since 1974), in countries and regions such as Korea, Cambodia, Haiti, Suez Canal, Sinai, West Africa and Central America, among others.
Nevertheless, in view of the recent successes of our Armed Forces in the fight against drug trafficking, terrorism and organized crime, the international community has requested an ever stronger presence and assistance. of the Public Force in peacekeeping operations in different qualities to mere observers. In this order of ideas it is necessary to establish a general framework, through this Agreement, that allows for the formal and determined participation in these scenarios, in the face of the post-conflict, always subject to the improvement of the conditions internal security.
In this sense, the participation in multinational peacekeeping operations gives the country an important international projection and prestige. In turn, it is configured in an unparalleled opportunity for Colombia to share the expertise of its Public Force with other countries.
For these reasons, the national government is fully committed to the participation of the members of the Public Force in international missions and in turn to strengthen ties with the most modern military forces, professional and sophisticated in the world in order to develop security efforts that contribute to international stability, without ever neglecting the constitutional obligations to safeguard the integrity of the Colombian territory and security of the population.
4. Relevant Legal Framework
Any time the Agreement concluded would result in the legal nature of a formal treaty, whereby the Colombian State acquires new, determined and binding obligations, it is appropriate to mention this type of instrument. in the international framework and the procedure of entry into force provided for in the Political Constitution for this type of instrument.
The Vienna Convention on the Law of the Treaties, of 1969, defines the Treaty in the following terms:
" [...] Item 1o.
(a) A "treaty" means an international agreement concluded in writing between States and governed by international law, whether it is a single instrument or two or more related instruments and any other instrument particular name [...] "
For its part, the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, adopted in 1986, provides in its article 2, numeral 1, literal a):
" [...]
For the purposes of this Convention:
An international agreement governed by international law is understood to be "treated":
i. Between one or more States and one or more international organizations; or
ii. Among international organisations, whether such an agreement is established in a single instrument or in two or more related instruments and whatever their particular denomination [...] "
According to the rules invoked, the treaties can only be concluded by subjects of international law, namely: between States; between International Organizations; or between States and International Organizations, composed of a set of binding clauses for the parties, through which new international obligations are assumed, the obligations already acquired by the State are extended or modified.
In accordance with the Political Constitution, the treaties concluded by the Colombian State with other States or with international organizations require, for the improvement of the international link, the corresponding approval law issued by the Congress of the Republic and the respective examination of constitutionality by the Constitutional Court.
Successfully completed the previous procedure, the President of the Republic has the power to perfect, at any time, the international link.[16]
In this regard, the Political Constitution provides the following:
" Item 150. It is up to Congress to make laws. Through them, you perform the following functions:
[...]
16. Approve or prove the treaties that the Government holds with other States or with entities of international law. By means of such treaties, the State may, on grounds of fairness, reciprocity and national convenience, partially transfer certain privileges to international organizations, which aim to promote or consolidate integration. economic with other States.
[...]
Article 189. It corresponds to the President of the Republic as Head of State, Head of Government and Supreme Administrative Authority:
Direct international relations. Appoint diplomatic and consular agents, receive the respective agents, and hold with other States and international law entities treaties or conventions to be submitted for approval by the Congress.
[...]
241. The Constitutional Court is entrusted with the preservation of the integrity and supremacy of the Constitution, in the strict and precise terms of this article. To this end, you will perform the following functions:
[...]
10. To decide definitively on the exilibility of international treaties and the laws that approve them. To that end, the Government shall forward them to the Court within six days of the penalty being imposed.
Any citizen will be able to intervene to defend or challenge their constitutionality. If the Court declares them constitutional, the government may carry out the exchange of letters; otherwise they will not be ratified.
When one or more rules of a multilateral treaty are declared inexequitable by the Constitutional Court, the President of the Republic may only express consent by making the corresponding reservation. "
Consequently, the instrument must be approved by the Congress by law of the Republic and be declared to be exequable by the Constitutional Court, with a view to the treaty being able to enter into force of the treaty and to have effects for the Republic of Colombia.
5. Scope of the " Framework Agreement between the United Nations and the Government of the Republic of Colombia on Contributions to the System of United Nations Reserve Forces Agreements for Maintenance Operations of peace", subscribed to in New York City on January 26, 2015
The "Framework Agreement between the United Nations and the Government of the Republic of Colombia on contributions to the United Nations system of reserve force agreements for the maintenance operations of the United Nations ", signed in New York City on January 26, 2015, establishes a broad and sufficient normative framework that will allow the effective deployment of personnel of the Public Force, covered by a regime of privileges and immunities sufficient to ensure their protection during deployment, as well as a flexible framework enabling the National government to identify, establish and execute the types of contribution via implementation arrangements derived from the Framework Agreement.
This Framework Agreement is necessary to formally allow the submission of UN Peace Operations contributions, as Article 43 of Chapter VII of the UN Charter states that Member States will provide armed forces, only in the framework of special conventions which give rise to requests raised by the Security Council in this field. These special agreements, according to the article itself, are subject to internal ratification by each Member State in accordance with their respective constitutional procedures. Acordemented, and added to the above, it is evident that this Agreement should be understood as an International Treaty which must be subject to the constitutional procedure laid down for the solemn International Treaties.
Thus, in the sub-examination instrument, provisions regarding the deployment of Public Force personnel are translated into the various missions authorized under the aegis of a Security Council mandate. In addition to the above, aspects such as the description of the resources to be deployed, the conditions of the supply and the status of the staff and the team are regulated. The agreement consists of 5 articles, which consent to the following:
Article 1o provides for the purpose of the agreement, where it is established that its primary purpose is to create a legal framework for the contribution of Colombian personnel and equipment to the UN Peacekeeping Operations. It is also stated that the instrument seeks to identify the possible contributions of Colombia, and also makes the contribution to making it conditional on the fulfilment of a mandate from the Council of Security.
Article 2o enshrines the identification referred to in the preceding paragraph. This description consists of a tax list of the type of resources that can be deployed by the Government of the Republic of Colombia. Thus, it is established that these resources will be: i) Army units, ii) Naval units, iii) Air Force units and iv) Police units.
For its part, Article 3o establishes the conditions of supply, making it clear that the final decision regarding any effective deployment of Colombian resources will be from the national government. Also, this article creates the specific framework of the deployment by enshrining the mechanism of subsequent implementation agreements. These implementation agreements are imperative to give effect to the objectives and to implement the precepts enshrined in the agreement.
These implementation arrangements or agreements must be set for each particular operation and must contain, inter alia, a detailed description of the contribution to be made, the disciplinary regimes and standards of conduct of the personnel to be applicable in the specific Operation, the conditions for the reimbursement to Colombia by the UN for the contributions provided and provisions relating to the settlement of disputes and claims of third parties.
It should be noted that these implementation agreements mentioned are instruments that seek to implement and develop the clauses of the Sub-examination Agreement. In this regard, they would not be called upon to amend the obligations provided for in this Agreement or to establish new obligations for the Parties.
Article 4, for its part, comprehensively regulates the status of the Colombian contributions. Article 4 thus enshrines that the status of the staff and the team provided will be that contained in the respective agreement on the Status of Forces or Mission (SOFA or SOMA) that the UN has negotiated or negotiated for each operation in particular with the country receiving the Operation. It should be noted that these so-called SOFA or SOMA agreements are necessarily consistent with the provisions of the United Nations Convention on the Privileges and Immunities of 1946, which implies that the minimum privileges and immunities for deployed personnel will always be in line with the minimum requirements of the Colombian legal system.
Finally, Article 5 regulates the provisions relating to the entry into force of the instrument. Thus, it is established that the agreement in question will enter into international force at the date of receipt of the notification in which Colombia informs the UN that the instrument has dispensed the internal procedure required for its entry into force. Likewise, it regulates its termination indicating that the agreement will be without effect three months after the date on which either party indicates in writing its intention to terminate the agreement.
Thus, the agreement regulates important aspects of the possible contributions as follows:
1. Colombia may decide on the type of participation in each peacekeeping operation authorized by the UN Security Council, after receiving the respective invitations from that Organization.
2. The decision to participate in each operation, with personnel or teams of the Military Forces or the National Police, will be an autonomous and absolutely discretionary decision of the Colombian Government, without being obliged to participate if it does not consider it. required.
3. The effective deployment of Colombia's units or contributions to peacekeeping operations will be agreed upon through subsequent implementation arrangements, which constitute simplified agreements that the government will be able to sign up to. ensure the implementation of the Framework Agreement.
4. These arrangements will address aspects for each operation regarding type and number of personnel, disciplinary regimes and standards of conduct, reimbursement conditions and UN support to Colombia for the contributions made, logistical aspects and provisions on dispute settlement.
5. The personnel deployed in each operation shall enjoy the same privileges and immunities as established for the other contributing staff of other nations in each specific operation, which shall be in accordance with the Convention of Privileges and United Nations immunities of 1946, of which Colombia has been a party since 1974.
This agreement will allow us to have the necessary regulatory framework to carry out the own efforts that the relationship of cooperation with this prestigious International Organization entails. This relationship is focused on strengthening the capabilities of the Military Forces of Colombia, by establishing standards that allow interoperability, on various fronts, between the Armed Forces of the countries that are part of the This Body.
It remains to be stated that, with the adoption of these high standards, which cover logistical, technical, and operational aspects, the challenge of defining a road map that determines the future of the Military Forces and the Police is being met. National. The above, within a medium-and long-term planning model, which seeks to define a structure of force that will evolve in a consistent manner with the future operational challenges and ensure coherence between the budgetary framework existing, policy principles, missions and capabilities of the Public Force.
For the reasons outlined above, the national government, through the Minister of Foreign Affairs and the Minister of National Defense, requests the honorable Congress of the Republic to approve the bill by of of which the 'Framework Agreement between the United Nations and the Government of the Republic of Colombia on contributions to the system of United Nations reserve force agreements for the maintenance of the United Nations' is hereby approved. ", signed in New York City on January 26, 2015.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 18, 2015
Authorized. Submit to the Consideration of the Honorable Congress of the Republic for Constitutional Effects
(Signed) JUAN MANUEL SANTOS CALDERÓN
Deputy Minister of Foreign Affairs Charged with the Duties of the Office of the Foreign Minister
(Signed) Patti Londono Jaramillo
DECRETA:
ARTICLE 1o. Approve the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of reserve force agreements" United Nations for peacekeeping operations, " signed in New York City on January 26, 2015.
ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1994, the " Framework Agreement between the United Nations and the Government of the Republic of Colombia on contributions to the United Nations system of reserve forces for peacekeeping operations ", signed in New York City on January 26, 2015, which by the first article of this law is approved, will 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.
Dada en Bogotá, D. C., a 18 de marzo de 2015.
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of National Defense.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
(January 13)
by which the follow-up to the international conventions signed by Colombia is ordered.
The Congress of Colombia
DECRETA:
Item 1or. The national government through the Foreign Ministry will present annually to the Senate and House Foreign Relations Committees, and within the first thirty calendar days after the legislative period beginning 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 2or. 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.
Item 3or. 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 4or. This law governs from its enactment.
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 Ardila 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., March 18, 2015
Authorized. Submit to the Consideration of the Honorable Congress of the Republic for Constitutional Effects
(Signed) JUAN MANUEL SANTOS CALDERÓN
Minister of Foreign Affairs
(Signed) Maria Angela Holguin Cuellar
DECRETA:
ARTICLE 1o. Approve the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of reserve force agreements" United Nations for peacekeeping operations " signed in New York City on January 26, 2015.
ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1994, the " Framework Agreement between the United Nations and the Government of the Republic of Colombia on contributions to the United Nations System of Agreements of the United Nations Reserve for peacekeeping operations, signed in New York City on January 26, 2015, which is approved by article 1 of this law, will 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 of the Republic,
LUIS FERNANDO VELASCO CHAVES.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
ALFREDO DELUQUE ZULETA.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on July 11, 2016.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
LUIS CARLOS VILLEGAS ECHEVERRI.
* * *
1. Taken from http://www.un.org/es/aboutun/
2. Taken from
3. Taken from
4. United Nations Charter, San Francisco, June 26, 1945, 59 Stat. 1031; TS 993; 3 Bevans 1153
5. Michael C. Wood, "The Interpretation of Security Council Resolutions," in Joachen A Frowein & Rudiger Wolfrum (eds.), Max Planck Yearbook of United Nations Law Vol. 2, (London: Kluwer Law International Ltd, 2008), Pg. 82.
6. Department of Peacekeeping Operations, "United Nations Peacekeeping Operations-Principles and Guidelines", 2008, Pg. 6
7. Taken from < http://www.un.org/en/peacekeeping/operations/peacekeeping.shtml>
8. Taken from < http://www.un.org/en/peacekeeping/operations/peacekeeping.shtml>
9. G. United Nations Mission for the Western Sahara Referendum (Minurso)
10. E.g. United Nations Military Observer Group in India and Pakistan (Unmogip)
11. United Nations Stabilization Mission in the Democratic Republic of the Congo (Monusco)
12. E.g. United Nations Stabilization Mission in Haiti (Minustah)
13. The first peace operation in charge of the United Nations, was the so-called "United Nations Truce Supervision Organization", entrusted by the Security Council, by Resolution number 50 of 1948, to observe the fulfillment of the truce that put an end to hostilities between Israel and various Arab states in Palestine. This Operation is currently still in effective deployment. See:
14. Biannual periods: 1947-1948, 1953-1954, 1957-1958, 1969-1970, 1989-1990, 2001-2002, 2011-2012.
15. The C34 is currently made up of 148 member countries, most of which have contributed to the operations. This Committee has the role of performing the comprehensive review of all aspects of Peacekeeping Operations and meets annually in New York City.
16. Political Constitution of 1991. Items 150 and 241.
