ACT 1794 2016
Official Gazette No. 49,931 of July 11, 2016 CONGRESS OF THE REPUBLIC
Through which approved the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of standby arrangements of the United Nations for the maintenance of peace ", signed in New York city on January 26, 2015. || | tHE CONGRESS oF COLOMBIA
having regard to the text by which approves the "framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of standby arrangements Nations United for the maintenance of peace ", signed in the city of New York on January 26, 2015, (to be transliterated: true and complete copy of the text is attached in Spanish Treaty certified by the Coordinator of Group Internal Working Treaties of the Directorate of International Legal Affairs, Ministry of Foreign Affairs, document rests in the archives of the Ministry and consists of two (2) pages).
DRAFT LAW NUMBER 164
Through 2015 which approved the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of standby arrangements of the United Nations operations peacekeeping ", signed in New York city on January 26, 2015.
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 standby arrangements of the United Nations for the maintenance of peace ", signed in New York city on 26 January 2015.
( to be transliterated: true and complete copy of the original text is attached in Spanish the Agreement, certified by the Coordinator of the Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs document is on file that Ministry and consists of two (2) pages).
This bill consists of fourteen (14) pages.
FRAMEWORK AGREEMENT BETWEEN THE UNITED NATIONS AND THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
ON CONTRIBUTIONS TO THE SYSTEM OF AGREEMENTS RESERVE FORCES UNITED NATIONS OPERATIONS PEACEKEEPING Signatories of the
Mr. Hervé Ladsous Assistant Secretary General for Operations Peacekeeping representing the United Nations
And Mr. Juan Carlos Pinzon Bueno Minister of National Defence representing the Government of the Republic of Colombia
Recognizing the need to expedite the provision of certain resources to the United Nations so that it can carry out effectively and in a timely manner the mandate of the operations of peacekeeping UN authorized by the security council Nations,
further recognizing that commitments to provide resources for operations involving peacekeeping advantages that help increase flexibility and reduce costs,
actively Bearing in mind the intention of the Republic of Colombia to contribute to the maintenance of peace and international security.
Have reached the following understanding:
Purpose The purpose of this agreement is to establish the framework for the contribution of the Government of the Republic of Colombia to the operations of peacekeeping UN and identify the resources that the Government will provide maintenance of United Nations peace for meeting authorized by the security council mandates.
II. Description of Resources
Taking into account the guidelines for the provision of resources to operations peacekeeping United Nations, the Government of the Republic of Colombia will provide personnel and / or equipment in connection with the following types resources include:
1. Army units
3 units. Air units
Police units III. Supply conditions
The final decision on the effective deployment of resources by the Government of the Republic of Colombia will always be a national decision. In relation to any actual deployment of resources by the Government of Colombia, and subject to the entry into force of this agreement, the parties agree on further implementation arrangements to implement the provisions contained in this framework agreement.
Such arrangements shall include, inter alia: i) a detailed description of the type and quantity of staff, accompanied, if appropriate, of the relevant description of the equipment that the Government of the Republic of Colombia decide to supply the operations peacekeeping United Nations and ii) disciplinary regimes and corresponding behavior standards, including conditions for the investigation of any offense; iii) the conditions for reimbursement and providing support to the Government of the Republic of Colombia by the United Nations; iv) the provisions relating to self-sustainment, v) conditions for the settlement of disputes and claims by third parties; and vi) any other provisions relating to the implementation of this agreement.
IV. Staff and Team
The status of personnel and the equipment provided by the Government of the Republic of Colombia to serve in operations peacekeeping be governed by the relevant provisions of the agreement on the status of forces or agreement on the status of mission (SOFA or SOMA) specific to the operation of peacekeeping concerned or by the provisions of the model agreement on the status of forces (a / 45/594) pending the SOFA or SOMA specific mission and in accordance with the convention on privileges and immunities of the United Nations, adopted by the United Nations General Assembly in 1946.
Here is concluded, privileges and immunities, together with the applicable criminal and civil jurisdiction specified in implementation arrangements are subject to the terms agreed by the United Nations and receiver operation peacekeeping State.
V. Entry into Force
After signing this framework agreement shall enter into force on the date of receipt of the written notice sent through the diplomatic channel by the Government of the Republic of Colombia to the United Nations in this communicate that it has completed the necessary procedure that the framework agreement comes into force in accordance with their national legislation.
This framework agreement will lapse three months after the date on which any signatory refer to the other party written notice of its intention to terminate notification.
Made in New York on 26 January in the year two thousand and fifteen, in Spanish and English languages, both texts being equally authentic, on the understanding that, in case of difference in interpretation, the English text shall prevail . Signed Coordinator
The Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs of the Republic of Colombia CERTIFICA
That the reproduction of text above is true and complete copy the original text of the "framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements reserve forces of the United Nations for the maintenance of peace", signed in the city New York on January 26, 2015, a document that is on file with the Internal Treaties Working Group of the Directorate of International Legal Affairs of the Ministry and consists of two (2) pages.
Given in Bogotá, DC, on March 11, 2015.
The Coordinator of Internal Working Group Treaty,
Encinales JARAMILLO MARÍA ALEJANDRA. EXPLANATORY STATEMENT
Honorable Senators and Representatives:
On behalf of the national government and in compliance with the provisions of Articles 150, paragraph 16, 189 paragraph 2 and 224 of the Constitution of Colombia, presented for consideration the honorable Congress the bill "framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements reserve forces of the United Nations for the maintenance of peace" , signed in New York city on 26 January 2015.
1. About the United 
The United Nations Nations (hereinafter the UN) is an international organization founded in 1945 after World War II by 51 countries whose main goal is to maintain international peace and security . It also seeks to develop friendly relations among nations, promote social progress and better living standards and human rights.
The work of the UN has a global reach and therefore within its objectives mainly stand out, among others, the maintenance of peace and consolidating it at global level, conflict prevention and humanitarian assistance . Likewise, the Organization works on a wide range of issues of great importance such as sustainable development, environmental protection, work with refugees, relief disaster, the fight against terrorism, disarmament and non-proliferation , protection and promotion of human rights, gender equality, economic development, removal of landmines, and food security, to name a few. All this work is done in response to its governing mandate, which is to ensure world peace and security for present and future generations.
Accordingly, the organization itself has indicated that the following objectives  mainly guide their work:
- Maintaining international peace and security;
- Develop friendly relations among nations;
- Helping nations to work together to improve the lives of the poor, overcome hunger, disease and illiteracy, and promoting respect for the rights and freedoms of others;
- Be a center for harmonizing the actions of nations in attaining these objectives.
It added that, thanks to international legal personality has been recognized in its founding Charter, the Organization can act as independent subject of public international law, taking effect, motu proprio, on a wide range of topics. As a result of the above and to achieve its objectives, the UN can enter into legal relations with any other subject of international law, and even with subjects of private law if required.
2. Operations on Peacekeeping United Nations 
a. Mandates and legal basis for peacekeeping
The UN Charter , by Article 24 gives the Security Council primary responsibility for maintaining international peace and security. For these purposes, by Chapters VI and VII is granted to the agency the ability to take the measures necessary to ensure peace and security. It is in this context that the Security Council is authorized to establish missions of peacekeeping, when in his judgment the circumstances require it.
Should be noted that, as such, Operations peacekeeping, are not explicitly provided for in the Charter, however, it is today as one of the main instruments in the repertoire of the UN to achieve its purposes . That said, the operations for peacekeeping UN 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 organism. This chapter is the main legal source of the Security Council, it gives its governing mandate, contains an exhaustive statement of its powers and establishes its organizational structure. Two aspects are key in this chapter for purposes of understanding the legal framework of Peace Operations. The first, by Article 24, is conferred to this organ, the "primary responsibility for maintaining international peace and security", and second, through Article 29, the Security Council "may establish such subsidiary organs it deems necessary for the performance of their duties. ". These notions are given practical scope in the following chapters
So Chapter VI refers to "Peaceful settlement of disputes", and worries, among other things, the role of the Security Council situations that could generate international tensions that threaten peace and security. This is mainly to highlight Article 34, since it gives the Security Council competence to hear:
"Any dispute, or any situation which might lead to international friction or give rise to a dispute, to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of peace and security. "
According to this, the missions Peacekeeping UN have traditionally been associated with this chapter, since these are usually deployed to contain situations that could get to be configured as threats to International Peace and Security. However, in practice the Security Council Chapter VI rarely mentioned in the resolutions establishing operations Peacekeeping.
For its part, Chapter VII on "action with respect to threats to peace, breaches of the peace or acts of aggression", contains provisions on the mandatory powers of the Security Council. Only when the Security Council acts under this chapter it is understood that their decisions are binding . Also, it is under this Chapter that the Security Council is authorized to make use of any measures it deems necessary and appropriate to ensure international peace and security, even if it means using force. From time to here, the Security Council has adopted the practice of invoking Chapter VII when authorizing the deployment of Operations Peacekeeping. The invocation by the Security Council in its resolutions this Chapter, 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 stipulates the participation of organizations and regional organizations in maintaining international peace and security as long as their activities are consistent with the objectives and principles set out in Chapter I of the Charter. Under this Chapter, the Security Council decentralizes its obligations to the maintenance of world peace and security, allowing coadyuvancia of other organizations, such as NATO, in fulfilling its objectives.
From the above it can be inferred that although Operations Peacekeeping not explicitly enshrined in the Charter, they may be undertaken by the general powers granted to the Security Council because, they are spacious enough to undertake such initiatives. Namely, its ability to act for any situation threatening international peace and security, plus the prerogative of creation of subsidiary bodies and the freedom to take all necessary measures when deemed necessary, intertwine to form the basis conventional legal necessary for the existence of Operations Peacekeeping.
B. General notions of Operations Peacekeeping
During the past 60 years, the figure of Operations Peacekeeping has been consolidated as the main tool for the international community to manage international crises threaten world peace and security . Accordingly, these operations have been set to a key element for the UN when that accompany the difficult transition between States should undertake conflict and achieving peace .
These activities are governed by three basic principles :
- Consent of the parties;
- No use of force except in self-defense and in defense of the mandate.
These operations are designed to run a wide range of issues beyond peacekeeping itself. Among these other topics can be found, inter alia, operations deployed for: facilitating political  processes, the protection of civilians  assist in the disarmament, demobilization and reintegration of former combatants , protect and promote human rights and help restore the rule of law .
Since the deployment of the first operation in 1948 , until today, more than 60 operations have been undertaken. There are currently 16 Operations Maintenance of active Paz, namely:
- Multidimensional Integrated Stabilization Mission United Nations in Mali (Minusma)
- United Nations Mission for the Referendum in Western Sahara ( MINURSO)
- Multidimensional Integrated Stabilization Mission United Nations in the Central African Republic (Minusca)
- UNAMID African Union and the United Nations in Darfur (UNAMID)
- Mission Interim administration of the United Nations in Kosovo (UNMIK)
- United Nations Peacekeeping Force in Cyprus (UNFICYP)
- Interim Force United Nations in Lebanon (Unifil) | || - Military Observer Group of the United Nations in India and Pakistan (UNMOGIP)
- United Nations Stabilisation Mission in Haiti (MINUSTAH)
- United Nations Mission in Liberia (UNMIL)
- United Nations Operation in Côte d'Ivoire (UNOCI - UNOCI)
- Stabilization Mission United Nations in the Democratic Republic Congo (MONUSCO)
- United Nations Mission in South Sudan (UNMISS)
- interim Security Force for Abyei United Nations (UNISFA)
- United Nations Truce Supervision organization (UNTSO Onuvt-)
- United Nations Disengagement Observer Force (UNDOF - UNDOF)
Although each operation Peacekeeping is different, in essence, all operations contain common elements. Thus, we see that the Missions for Peacekeeping, usually have or meet the following objectives:
- Through the effective deployment of personnel, prevent the emergence of a conflict or 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 implementation of a comprehensive peace.
- Guien states or territories through a transition that leads to a stable government based on democratic principles, good governance and economic development.
Depending on the specific configuration of the challenges, often peacekeepers of the UN are aimed to play a catalytic role in the following activities:
- Disarmament, demobilization and reintegration of former combatants .
- Activities mine.
- Reform of the security sector and other activities related to the rule of law.
- Protection and promotion of human rights.
- Assistance in organizing elections.
- Support for the restoration and extension of State authority.
- Promoting social and economic recovery and development.
3. Security Cooperation relationship between Colombia and the United Nations.
The Ministry of Defence has developed a strategy of international cooperation that unfolds in the bilateral and multilateral levels. This is governed by prudence, respect, cooperation, transparency and pragmatism, always privileging diplomacy and international law. It is based on an approximation of the sector to different regions of the world with strategic criteria for prevention, cooperation and modernization to strengthen security and national defense.
This strategy is based on consolidating participation in international scenarios from the perspective of the future of the security forces, 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 Armed Forces and the National Police. The capabilities of our security forces are the basis under which Colombia has been able to consolidate its position as a major player in regional, hemispheric and global scenarios; through different mechanisms of bilateral, triangular and multilateral cooperation.
The foregoing has been undertaken by projecting international relations with countries and organizations from a dynamic point of view, allowing flexibly adapt to the security challenges of the future by projection capabilities elements involving the development of a portfolio of demand and supply of cooperation.
This is a strategic objective of Colombia strengthen cooperation with multilateral agencies 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 future vision Armed Forces of Colombia.
The experience of Colombia in the fight against terrorism, drug trafficking and transnational crime in general is now recognized internationally. Just to mention, since 2010 the armed forces of Colombia have trained more than 24,000 members of the Armed Forces and Security more than 70 countries. Colombia will continue this effort to contribute to security, peace and regional and international stability as well as providing its expertise to nations that require it.
So, as part of the implementation of the international strategy of the defense sector, the Government of Colombia has been holding talks with the European Union (EU), the United Nations (UN) and the Organization of the North Atlantic Treaty (NATO) in order to develop a broad framework of cooperation activities that contribute to strengthening the capabilities of the Armed Forces and thus raise their professional and operational standards.
It should be noted that Colombia is a State Member of the UN since its founding in 1945. It should also be noted that, since its entry to it as a founding member, Colombia has made active presence in the work of the Security Council beginning with its first election as non-permanent member in January 1947. Since that year, Colombia has occupied a nonpermanent seat on seven (7) times .
Similarly, Colombia is a member and actively in the discussions and activities of "Special Operations Committee Peacekeeping" (also called C34)  involved; committee established in February 1965 by resolution of the General Assembly 2006 (XIX) as a subsidiary body of the Assembly through the Fourth Committee: Special Political and further Decolonization, Colombia pays the annual fee required concerning the Peacekeeping operations. This fee groups the corresponding amounts for financing each operation that is established by the Security Council.
Notwithstanding the above, to date has not been formalized a mechanism for formal and recurrent participation in peace missions is the organization around the world. Under the above the need to establish a closer relationship with the Department of Peacekeeping Operations (DPKO) to allow such participation in a comprehensive and flexible manner, seeking to contribute to specialized personnel but without prejudicing national security requirements established.
In light of these facts, Colombia signed this Framework Agreement with the DPKO for participation in operations Peacekeeping of the UN. Thus, the signing of this Framework Agreement is set a milestone for the future consolidation of the Armed Forces of Colombia.
Similarly, on an official visit by the Minister of National Defence to the UN, had the opportunity to present the Secretary General of the UN, Ban Ki Moon, major advances in security of our country, achieved thanks the capabilities and professionalism of our Armed Forces. During this visit dialogues designed to learn from the experience gained by the Departments of Political Affairs and Peacekeeping Operations of the UN in implementing schemes demobilization, disarmament and reintegration in post-conflict scenarios in other countries were established.
It should be noted that historically Colombia has contributed decisively to peace and international stability through its participation in international missions and peacekeeping operations through its Armed Forces. Thus, our country has participated since the last century in different UN missions primarily by police elements, in particular by sending observers and experts on mission under the shelter of the Convention on Privileges and Immunities of the United Nations 1946 ( of which Colombia is part since 1974), in countries and regions such as Korea, Cambodia, Haiti, Suez Canal, Sinai, West Africa and Central America, among others.
However, due to the recent successes of our armed forces in the fight against drug trafficking, terrorism and organized crime, the international community has applied ever more strongly the presence and assistance of the security forces in operations peacekeeping in different qualities to mere observers. In this vein it is necessary to establish a general framework, through this Agreement, to allow formal and decisive participation in these scenarios, facing the post-conflict, always subject to improvement of internal security conditions.
In this sense, participation in multinational operations Peacekeeping gives the country an important international projection and prestige. A turn is set to an unparalleled opportunity for Colombia share the expertise of its security forces with other countries.
For these reasons, the Government is fully committed for members of the security forces involved in international missions and in turn thereby strengthen the links with modern, professional and sophisticated military forces in the world to develop security efforts that contribute to international stability, without ever neglecting its constitutional obligations to safeguard the integrity of Colombian territory and the security of the population.
4. Relevant Legal Framework
Whenever the signed agreement would entail the legal nature of a solemn treaty, by which the Colombian State acquires new, specific and binding obligations, it is pertinent to mention such instruments in the international framework and the processing of entry into force provisions of the Constitution for such instruments.
The Vienna Convention on the Law of Treaties, 1969, defines the Treaty in the following terms:
"[...] Article 1o.
A) A "treaty" means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation [... ] "
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 article 2, paragraph 1, letter a):
for the purposes of this Convention:
it "treaty" means an international agreement governed by international law and concluded in written form:
i. Between one or more States and one or more international organizations; or ii
. Among international organizations, whether that agreement on a single instrument or in two or more related instruments and whatever its particular designation [...] "
According to the cited standards, 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 clauses binding on the parties, by which new international obligations assumed, expand or obligations already acquired by the state change.
In accordance with the Constitution, treaties concluded by the Colombian government with other States or international organizations need, for improvement of the international link, the corresponding approving law issued by the Congress of the Republic and the respective test constitutionality by the Constitutional Court.
Satisfactorily completed the previous procedure, the President of the Republic has the power to perfect, at any time, international link. 
In this regard, the Constitution provides:
"Article 150. Congress shall make laws. Through these exercises the following functions:
16. Approve or reject treaties that the Government with other States or international law entities. Through these treaties may the State on the basis of equity, reciprocity and national partially transfer certain powers to international organizations, which are calculated to promote or consolidate economic integration with other States.
Article 189. The President of the Republic as Head of State, Head of Government and Supreme Administrative Authority:
Managing international relations. Appoint diplomatic and consular agents, receiving the respective agents and celebrate with other States and entities of international law, treaties or agreements to be submitted for congressional approval.
Article 241. The Constitutional Court is entrusted with safeguarding the integrity and supremacy of the Constitution, strict and precise terms of this article. To this end, it shall perform the following functions:
10. final decision on the constitutionality of international treaties and the laws approving them. To this end, the government will submit to the Court, within six days the sanction of the law.
Any citizen may intervene to defend or challenge their constitutionality. If the Constitutional Court declares the Government may make the exchange of letters; otherwise it will not be ratified.
When one or more provisions of a multilateral treaty are declared invalid by the Constitutional Court, the President of the Republic can only express the consent formulating the corresponding reserve. "
Consequently, the instrument must be approved by Congress by law of the Republic and be declared constitutional by the Constitutional Court, with a view to the treaty to enter into force of the treaty and take effect for the Republic of Colombia.
5. Scope of the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements reserve forces of the United Nations for the maintenance of peace", signed in New York City on January 26, 2015
the "framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of standby arrangements of the United Nations for the maintenance of peace" signed in the city of New York on January 26, 2015, establishes a broad and sufficient regulatory framework to allow the effective deployment of personnel of the security forces, sheltered by a regime of privileges and immunities sufficient to ensure their protection during deployment and a flexible framework that allows the national government to identify, establish and implement the types of contribution via implementation arrangements arising from the framework Agreement.
This Framework Agreement is necessary to allow formally sending contributions to peace operations of the UN, since Article 43 of Chapter VII of the UN Charter provides that Member States shall provide armed forces, only under special agreements that give development to requests raised by the Security Council in this matter. These special agreements, according to the article itself, are subject to internal ratification by all Member States according to their respective constitutional processes. Accordingly, and in addition to the above, it is evident that this Agreement should be understood as an international treaty that must be submitted to the constitutional procedure provided for solemn international treaties. So
things in the instrument sub examine provisions concerning the deployment of security forces personnel serving in different missions that are licensed under the aegis of a Security Council mandate are reflected. In addition to the above, aspects such as the description of the resources to deploy, supply conditions and status of personnel and equipment are regulated. Namely the agreement consists of 5 articles, which enshrine the following:
article 1 provides the object of the agreement, which states that its primary purpose is to create a legal framework for the contribution of personnel and Colombian team the Operations Peacekeeping UN. It is explicit also that, through the instrument is to identify what the possible contributions of Colombia and also the contribution that it is made under fulfillment of a mandate of the Security Council have been met.
The article 2 establishes the identification referred to in the preceding paragraph. This description consists of an exhaustive list of the types of resources that can be made by the Government of the Republic of Colombia. Thus, it is established that these resources will: i) Units of the Army, ii) naval units, iii) Units of the Air Force and iv) Police Units.
For its part, the article 3 establishes the conditions of supply, making it clear that the final decision regarding any actual deployment of Colombian resources will the national government. Also, this article creates the specific context of the deployment by enshrining the mechanism of subsequent implementation agreements. These implementation agreements are imperative to give effect to the objectives and implementing the provisions enshrined in the agreement.
These implementation arrangements or agreements should be established for each particular operation and shall contain, inter alia, a detailed description of the contribution to be made, disciplinary regimes and standards of personal conduct that will apply in the specific operation, the conditions for reimbursement to Colombia by the UN for the contributions made and provisions for settlement of disputes and claims by third parties.
It should be emphasized that these implementation agreements to which referred, are instruments that seek to develop and implement the provisions of sub examine Agreement. In this sense, they would not be called to modify the obligations under this Agreement or to establish new obligations for the Parties.
The article 4
meanwhile, comprehensively regulates the status they enjoy Colombian contributions. Thus, article 4 stipulates that the status of personnel and equipment provided will be that contained in the respective agreement on the Status of Forces or Mission (SOFA or SOMA for its acronym in English) that the UN has or will negotiate for each particular operation with the host country of operation. It should be noted that these so-called SOFA or SOMA agreements are necessarily consistent with the provisions of the Convention on Privileges and Immunities of the United Nations in 1946, which implies that the system of privileges and minimum immunities for staff deployed will always be according to the requirements minimum Colombian legal system.
Finally, article 5 regulates those relating to the entry into force of the instrument provisions. Thus, it states that the agreement in question enter into international force on the date of receipt of the notification which report to the UN Colombia that the instrument has had the internal procedures required for its entry into force. Similarly, it regulates its completion indicating that the agreement will not effect three months after the date on which either party indicate in writing its intention to terminate the agreement. So
things, the agreement regulates important aspects of the possible contributions as follows:
1. Colombia may decide the type of participation in each maintenance operation of Peace is authorized by mandate of the Security Council of the UN, after receiving the respective invitations of that organization.
2. The decision to participate in each operation, personnel or equipment of the Armed Forces or the National Police, will be an autonomous and absolutely discretionary decision of the Government of Colombia, without being required to participate if deemed not necessary.
3. The cash contributions of Colombia units or operations peacekeeping deployment will be agreed by subsequent implementation arrangements, which are simplified agreements that the Government will subscribe to ensure the implementation of the Framework Agreement.
4. These arrangements address issues for each operation regarding type and number of personnel, disciplinary regimes and standards of conduct, repayment terms and UN support to Colombia for the contributions made, logistics and dispute settlement provisions.
5. Personnel deployed in each operation shall enjoy the same privileges and immunities for the rest of the taxpayers of other nations in each specific operation staff, which shall be consistent with the Convention on Privileges and Immunities of the United Nations in 1946, of which Colombia is part since 1974.
this agreement will have the necessary efforts to make themselves involved in cooperative relationship with the prestigious International Organization regulatory framework. This relationship is focused on strengthening the capacities of the Military Forces of Colombia, by setting standards that allow interoperability, on several fronts, including the armed forces of the countries that are part of this body.
Resta indicate that, with the adoption of these high standards, covering logistical, technical, and operational, is in compliance with the challenge of defining a roadmap to determine the future of the Armed Forces and the National Police. This, in a model of planning medium and long term, which seeks to define a force structure that evolve manner consistent with future operational challenges and to ensure coherence between the existing budgetary framework, the policy principles, missions and capabilities of the security forces.
For the above reasons, the Government, through the Minister of Foreign Affairs and the Minister of National Defence requests the honorable Congress to approve the bill by which approves the " Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements reserve forces of the United Nations for the maintenance of peace ", signed in New York city 26
January 2015. The Minister of Foreign Affairs Maria Angela Holguin
The Minister of National Defence
JUAN CARLOS BUENO FINCH. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, March 18, 2015
Authorized. Submit to the consideration of the honorable Congress for Constitutional Effects
CALDERON JUAN MANUEL SANTOS Deputy Minister of Foreign Affairs Functions Officer Office of the Minister of Foreign Affairs
(Signed) Patti Londoño Jaramillo DECREES
ARTICLE 1o. Approval of the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements reserve forces of the United Nations for the maintenance of peace", signed in New York City 26 January 2015.
. In accordance with the provisions of article 1 of Law 7 of 1994, the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements reserve forces of the United Nations for operations peacekeeping ", signed in the city of New York on January 26, 2015, that the first article of this law is passed, it will force the Republic of Colombia from the date on which the link is perfect international therefrom.
ARTICLE 3. This law applies from the date of publication.
Given in Bogotá, DC, 18 March 2015. Presented to the honorable
Congress by the Minister of Foreign Affairs and the Minister of National Defence.
The Minister of Foreign Affairs Maria Angela Holguin
The Minister of National Defence
JUAN CARLOS BUENO FINCH.
ACT 424 OF 1998 (January 13)
why tracking the international agreements signed by Colombia is ordered.
The Congress of Colombia DECREES: Article 1.
. The national government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States. Article 2.
. Each national government agency responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Second Committees.
Article 3o. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
The President of the honorable House of Representatives, Carlos Ardila
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on January 13, 1998.
Ernesto Samper Pizano.
The Minister of Foreign Affairs, Emma Mejia Velez
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, March 18, 2015 Authorized
. Submit to the consideration of the honorable Congress for Constitutional Effects
(Signed) Juan Manuel Santos Calderon
Foreign Minister (Signed) Maria Angela Holguin Cuellar DECREES
ARTICLE 1o. Approval of the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to the system of agreements reserve forces of the United Nations for the maintenance of peace" signed in the city of New York January 26, 2015.
. In accordance with the provisions of article 1 of Law 7 of 1994, the "Framework Agreement between the United Nations and the Government of the Republic of Colombia concerning contributions to System Agreements Reserve Forces of the United Nations for operations peacekeeping ", signed in the city of New York on January 26, 2015, that article 1 of this law is passed, it will force the Republic of Colombia from the date on which the link is perfect international therefrom.
ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
CHAVES LUIS FERNANDO VELASCO.
The Secretary General of the honorable Senate,
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 SERRANO MANTILLA.
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on July 11, 2016.
CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
The Minister of National Defence, Luis Carlos Villegas Echeverri
* * * 1. Taken from http://www.un.org/es/aboutun/
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 Rudiger Wolfrum A & Frowein (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
9. Eg the United Nations Mission for the Referendum in Western Sahara (MINURSO)
10. Eg Military Observer Group of the United Nations in India and Pakistan (UNMOGIP)
11. Eg Stabilization Mission Units of Nations in the Democratic Republic of the Congo (MONUSCO)
12. Eg United Nations Stabilisation Mission in Haiti (MINUSTAH)
13. The first peacekeeping operation by the United Nations, was called "United Nations Truce Supervision Organization", mandated by the Security Council, through Resolution No. 50 of 1948, to observe compliance with the truce that ended the hostilities between Israel and several Arab states in Palestine. Currently this operation remains effective deployment. In this regard see:
14. Biannual periods: 1947-1948, 1953-1954, 1957-1958, 1969-1970, 1989-1990, 2001-2002, 2011-2012.
15. The C34 is currently composed of 148 member countries, most states that have contributed to operations. This Committee has the function to perform the comprehensive review of all aspects of Operations Peacekeeping and meets annually in New York City.
16. Constitution of 1991. Articles 150 and 241.