Key Benefits:
847 OF 2003
(November 6)
Official Journal No. 45,367 of 10 November 2003
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and disaster relief operations" is approved,
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and disaster relief operations", adopted in Tampere, Finland, on 18 June. 1998.
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
2002 LAW PROJECT 38
By means of which the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and disaster relief operations", adopted in Tampere, Finland, is approved. eighteen (18) of June 1998.
COLOMBIA CONGRESS
Having regard to the text of the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and disaster relief operations", adopted in Tampere, Finland, on 18 June. 1998.
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
TAMPERE CONVENTION ON THE PROVISION OF TELECOMMUNICATIONS RESOURCES FOR DISASTER MITIGATION AND DISASTER RELIEF OPERATIONS STATES PARTIES TO THIS CONVENTION,
recognizing
that the magnitude, complexity, frequency and impact of disasters are increasing at an extraordinary rate, which is particularly serious for developing countries,
remembering
that humanitarian relief and assistance agencies require reliable and flexible telecommunications resources to perform their vital activities,
remembering in addition
the essential function of telecommunications resources to facilitate the security of relief and humanitarian assistance personnel,
remembering also
the vital function of broadcasting to disseminate in the event of catastrophe accurate information to threatened populations,
convinced
that the effective and timely deployment of telecommunications resources and a rapid, effective, accurate and truthful flow of information are essential to reduce the loss of life and human suffering and damage to things and the environment. environment caused by disasters,
concerned
for the impact of catastrophes on telecommunications facilities and the flow of information,
aware
of the special technical assistance needs of the least developed and disaster-prone countries in order to produce telecommunications resources for disaster mitigation and relief operations,
reaffirming
the absolute priority awarded to emergency communications to save human lives in more than fifty international legal instruments and, in particular, in the Constitution of the International Telecommunication Union,
taking note
of the history of international cooperation and coordination in the field of disaster mitigation and disaster relief operations, including the timely deployment and use of disaster resources. telecommunications which, as has been demonstrated, contribute to saving human lives,
also taking note
of the Proceedings of the International Conference on Disaster Relief Communications (Geneva, 1990), which highlights the effectiveness of telecommunications systems in responding to disasters and rehabilitation subsequent,
also taking note
of the urgent appeal made in the Tampere Declaration on Disaster Relief Communications (Tampere, 1991) in favour of reliable telecommunications systems for the mitigation of disasters and disaster relief operations
relief and the preparation of an international convention on communications in the event of a disaster to facilitate the use of such systems,
also taking note
of United Nations General Assembly Resolution 44/236, which proclaims the period 1990-2000 International Decade for the Reduction of Natural Disasters, and Resolution 46/182, which calls for an intensification of the international coordination of emergency humanitarian assistance,
also taking note
of the prominent role assigned to communications resources in the Yokohama Strategy and Action Plan for a safer world, approved by the World Conference on Natural Disaster Reduction, held in Yokohama in 1994,
also taking note
of Resolution 7 of the World Conference on Telecommunications Development (Buenos Aires, 1994), reaffirmed in Resolution 36 of the Conference of Plenipotentiaries of the International Telecommunication Union (Kyoto, 1994), in which governments are urged to take all necessary practical arrangements to facilitate the rapid deployment and effective use of the telecommunications equipment in order to mitigate the effects of disasters and relief operations. in the event of a disaster, reducing and, where possible, removing obstacles regulatory and intensifying cooperation between States,
also taking note
of Resolution 644 of the World Conference of Radiocum-munications (Geneva, 1997), in which governments are urged to give their full support to the adoption of this Convention and its implementation at the national level,
also taking note
of Resolution 19 of the World Conference on Telecommunications Development (La Valetta, 1998), in which governments are urged to continue the examination of this Convention to determine whether they plan to support the adoption of this Convention,
also taking note
of United Nations General Assembly Resolution 51/94, which advocates the creation of a transparent and orderly procedure to implement effective mechanisms for the coordination of assistance in the event of a disaster, as well as for the introduction of ReliefWeb as a global information system for the dissemination of reliable and timely information on emergencies and natural disasters, referring to the conclusions of the Working Group on Telecommunications The European Commission is also concerned about the crucial role of telecommunications in the European Union. mitigation of the effects of disasters and relief operations in the event of a disaster,
supporting
in the activities of a large number of States, United Nations agencies, governmental, intergovernmental and non-governmental organizations, humanitarian agencies, telecommunications equipment and services providers, social communication, universities and relief organisations, in order to improve and facilitate communications in the event of a disaster,
eager to ensure a rapid and reliable contribution of telecommunications resources to mitigate the effects of disasters and to carry out disaster relief operations, and
eager to facilitate international cooperation to mitigate the impact of disasters,
HAVE AGREED TO THE FOLLOWING:
For the purposes of this Convention, except where the context in which they are used indicates otherwise, the following terms shall have the meaning specified:
1. 'State Party' means any State which has expressed its consent to be bound by this Convention.
2. "State Party Assistant" means a State Party to this Convention that provides telecommunications assistance in application of the Convention.
3. 'State Party requesting' means a State Party to this Convention that requests telecommunications assistance pursuant to the Convention.
4. 'this Convention' means the Tampere Convention on the provision of telecommunications resources for disaster mitigation and disaster relief operations.
5. "depositary" means the depositary of this Convention as stipulated in Article 16.
6. 'catastrophe' means a serious disturbance in the functioning of society which poses a considerable and widespread threat to human life, health, things or the environment, irrespective of whether the disaster is caused by the disaster. by an accident, nature or human activities, and suddenly or as a result of a dilated and complex process.
7. "Disaster mitigation" means measures to prevent, predict, observe and/or mitigate the effects of disasters, as well as to prepare for and react to disasters.
8. "Health hazard" means the sudden outbreak of an infectious disease, for example, an epidemic or pandemic, or any other event that significantly threatens human life or health and can trigger a catastrophe.
9. "Natural hazard" means an event or process, such as earthquakes, fires, floods, gales, landslides, landslides, cyclones, tsunamis, insect pests, droughts or volcanic eruptions, which may trigger a catastrophe.
10. 'Non-governmental organisation' means any organisation, including private entities or companies, other than the State or a governmental or intergovernmental organisation, which is interested in the mitigation of disasters and relief operations or the provision of telecommunications resources for disaster mitigation and relief operations.
11. 'Non-State Entity' means any entity other than the State, including non-governmental organisations and the Red Cross and Red Crescent Movement, which is interested in the mitigation of disasters and operations (i) relief or provision of telecommunications resources for the mitigation of disasters and relief operations.
12. "Relief operations" means activities aimed at reducing the loss of life and human suffering and material damage and/or the environment as a result of a disaster.
13. "Telecommunications assistance" means the provision of telecommunications resources or any other resource or support intended to facilitate the use of telecommunications resources.
14. "Telecommunications resources" means personnel, equipment, materials, information, training, spectrum of radio frequencies, networks or means of transmission or any other resource that requires them telecommunications.
15. "Telecommunications" means the transmission, emission or reception of signs, signals, written messages, images, sound or information of all kinds, by cable, radio waves, optical fibre or other electromagnetic system.
1. The coordinator of the emergency relief of the United Nations shall be the coordinator of the operations for the purposes of this Convention and shall fulfil the functions of coordinator of the operations specified in the Articles 3, 4, 6, 7, 8 , and 9.
2. The coordinator of the operations shall seek the cooperation of other appropriate United Nations agencies, in particular the International Telecommunication Union, to assist him in achieving the objectives of this Convention and, in particular, compliance with the functions set out in Articles 8 and 9, and to provide the necessary technical support in line with the respective object of those functions organisms.
3. The responsibilities of the coordinator of operations under this Convention shall be limited to international coordination activities.
ARTICLE 3. GENERAL PROVISIONS.
1. The States Parties shall cooperate with each other and with non-State entities and intergovernmental organizations, in accordance with the provisions of this Convention, in order to facilitate the use of telecommunications resources for the disaster mitigation and disaster relief operations.
2. Such use may include, inter alia, the following:
a) the installation of terrestrial and satellite telecommunications equipment to predict and observe natural hazards, health hazards, and catastrophes, as well as to provide information regarding these events;
(b) the exchange between States Parties and between these and other States, non-state entities and intergovernmental information organizations on natural hazards, health hazards and catastrophes, as well as the communication of such information to the public, particularly to threatened communities;
(c) provision without delay of telecommunications assistance to mitigate the effects of a disaster; and
d) the installation and exploitation of reliable and flexible telecommunications resources for humanitarian relief and assistance organizations.
3. To facilitate such use, States Parties may conclude other multinational or bilateral agreements or arrangements.
4. The States Parties shall request the coordinator of the operations which, in consultation with the International Telecommunication Union, the depositary, other competent United Nations entities and intergovernmental and non-governmental organisations, do everything possible in accordance with the provisions of this Convention, for:
(a) draw up, in consultation with the States Parties, models of agreement that can serve as a basis for concluding multilateral or bilateral agreements that facilitate the provision of telecommunications resources to mitigate disasters and to carry out relief operations;
b) make available to States Parties, other States, non-State entities and intergovernmental organizations, by electronic means and other appropriate mechanisms, models of agreement, best practices and other relevant information with reference to the provision of telecommunications resources for disaster mitigation and disaster relief operations;
(c) develop, implement and maintain the procedures and systems for the collection and dissemination of information that are necessary for the implementation of the Convention; and
(d) to inform States about the provisions of this Convention, as well as to facilitate and support cooperation between the States Parties provided for in the Convention.
5. States Parties shall cooperate to improve the capacity of governmental organizations, non-state entities and intergovernmental organizations to establish training mechanisms in management and operation techniques. equipment, as well as learning courses in innovation, design and construction of emergency telecommunications elements to facilitate disaster prevention, monitoring and mitigation.
ARTICLE 4. PROVISION OF TELECOMMUNICATIONS ASSISTANCE.
1. The State Party that requires telecommunications assistance to mitigate the effects of a disaster and to carry out relief operations may obtain it from any other State Party, either directly or through the operations coordinator. If the request is made through the coordinator of the operations, the coordinator shall immediately communicate that request to the other States Parties concerned. If the assistance is directly from another State Party, the requesting State Party shall inform the coordinator of the operations as soon as possible.
2. The State Party requesting telecommunications assistance shall specify the scope and type of assistance required, as well as the measures taken pursuant to Articles 5 and 9 of this Convention and, where possible, provide the State Party to whom the request for assistance is addressed and/or the coordinator of the operations any other information necessary to determine to what extent that State Party can address the request.
3. The State Party to whom a request for telecommunications assistance is directed, either directly or through the coordinator of the operations, shall determine and notify the requesting State Party without delay if it is to provide assistance. required, whether or not directly, as well as the scope of the restrictions and, where applicable, the cost, of such assistance.
4. The State Party that decides to provide telecommunications assistance shall inform the coordinator of the operations as soon as possible.
5. The States Parties shall not provide any telecommunications assistance pursuant to this Convention without the consent of the requesting Party, which shall retain the right to refuse in full or in part the assistance of telecommunications offered by another State Party in compliance with this Convention, in accordance with its own national law and policy.
6. States Parties recognize the right of a requesting State Party to directly request telecommunications assistance from non-state entities and intergovernmental organizations, as well as the right of any non-state entity and entity government to provide, in accordance with the legislation to which it is subject, telecommunications assistance to the applicant States Parties in accordance with this Article.
7. A non-State entity may not be a "requesting State Party" or request telecommunications assistance under this Convention.
8. Nothing in this Convention shall prejudice the right of States Parties to direct, control, coordinate and supervise, under their national law, the telecommunications assistance provided in accordance with this Convention. Convention within its territory.
ARTICLE 5. PRIVILEGES, IMMUNITIES AND FACILITIES.
1. The requesting State shall grant, in so far as its national legislation permits, natural persons who are not nationals of their own, as well as to organisations which do not have their registered office or domicile within their territory, to act with the provisions of this Convention for the provision of telecommunications assistance and which have been notified to and accepted by the State Party to the State, the privileges, immunities and facilities necessary for the proper performance of the their functions, including:
(a) immunity from arrest or detention or the criminal, civil and administrative jurisdiction of the requesting State Party, by specific related acts or omissions directly with the provision of telecommunications assistance;
b) exoneration of taxes, duties or other charges, with the exception of those normally incorporated in the price of goods or services in respect of the performance of their functions of assistance, or on equipment, materials and other goods transported to or acquired from the territory of the State Party to provide telecommunications assistance under this Convention;
(c) immunity from confiscation, seizure or requisition of such equipment, materials and goods.
2. To the extent of its capabilities, the requesting State Party shall provide local facilities and services for the appropriate and effective management of telecommunications assistance, and shall ensure that the relevant telecommunications assistance is issued without delay. a licence for the telecommunications equipment transported to its territory pursuant to this Convention, or where the latter is exempted from the licence in accordance with its national legislation and regulations.
3. The requesting State Party shall ensure the protection of personnel, equipment and materials transported to its territory in accordance with the provisions of this Convention.
4. The right of ownership of the equipment and materials provided pursuant to this Convention shall not be affected by its use in accordance with the provisions of this Convention. The requesting State Party shall ensure the prompt return of such equipment, material and goods to the Assistant State Party.
5. The requesting State shall not allocate the installation or use of the telecommunications resources provided under this Convention for purposes other than those directly related to the prediction, observation and mitigation of the effects of a disaster, or with the preparation and reaction activities, to this or the performance of the relief operations during and after the disaster.
6. The provisions of this Article shall not require any State Party to grant privileges and immunities to its nationals or permanent residents, nor to organisations based or domiciled in its territory.
7. Without prejudice to the privileges and immunities granted to them in accordance with this Article, all persons who have access to the territory of a State Party in order to provide telecommunications or to facilitate the use of telecommunications resources in the application of this Convention, and organizations providing telecommunications assistance or otherwise facilitating the use of the resources of the telecommunications under this Convention, shall comply with the laws and regulations of that State Part. Such persons and organisations shall not interfere in the internal affairs of the State Party to whose territory they have agreed or.
8. The provisions of this Article shall be without prejudice to rights and obligations in respect of privileges and immunities granted to persons and organisations which are directly or indirectly involved in the assistance of telecommunications, pursuant to other international agreements (including the United Nations Convention on the Privileges and Immunities, adopted by the General Assembly on 13 February 1946, and the Convention on Prerogatives and The immunities of the Specialised Bodies, adopted by the General Assembly on 21 November 1947) or of international law.
ARTICLE 6. TERMINATION OF ASSISTANCE.
1. At any time and by written notification, the requesting State Party or the Assistant State Party may terminate the telecommunications assistance received or provided pursuant to Article
2. States Parties which provide or receive telecommunications assistance in compliance with this Convention shall be subject to the provisions of this Convention upon completion of such assistance.
3. The State Party requesting the termination of the telecommunications assistance shall inform the coordinator of the operations, which shall provide the assistance requested and necessary to facilitate the termination of the assistance telecommunications.
ARTICLE 7. PAYMENT OR REIMBURSEMENT OF EXPENSES OR FEES.
1. States Parties may subordinate the provision of telecommunications assistance to mitigate disasters and perform relief operations to a payment or reimbursement agreement for the specified expenses or fees, having always present the required in paragraph 9 of this Article.
2. Where such conditions arise, the States Parties shall establish in writing, prior to the provision of telecommunications assistance:
(a) the obligation to pay or refund;
(b) the amount of such payment or reimbursement or the basis on which it is to be calculated; and
(c) any other conditions or restrictions applicable to such payment or reimbursement, including, in particular, the currency in which such payment or reimbursement is to be made.
3. The conditions laid down in paragraphs 2 (b) and 2 (c) of this Article may be met on the basis of rates, fees or prices communicated to the public.
4. In order to ensure that the negotiation of payment or reimbursement arrangements does not unduly delay the provision of telecommunications assistance, the operations coordinator shall prepare, in consultation with the States Parties, a model of payment agreement or reimbursement which may be used as a basis for negotiating payment or reimbursement obligations under this Article.
5. No State Party shall be obliged to pay or reimburse expenses or fees under this Convention if it has not expressly accepted the conditions laid down by the Assistant State Party in accordance with the provisions of paragraph 2 of this Convention. Article.
6. If the provision of telecommunications assistance is subject to the payment or reimbursement of expenses or fees pursuant to this Article, such payment or reimbursement shall be made without delay after the State Party has requested the payment or reimbursement.
7. Amounts paid or reimbursed by a State Party requesting the provision of telecommunications assistance may be transferred freely outside the jurisdiction of the requesting State Party without delay or retention some.
8. In order to determine whether the provision of telecommunications assistance should be conditional on an agreement on the payment or reimbursement of the expenses or charges specified, as well as on the amount of such expenditure or charges and the conditions and conditions and restrictions applicable, the States Parties shall take into account, among other relevant factors, the following:
(a) the principles of the United Nations on humanitarian assistance;
(b) the nature of the disaster, natural hazard or health hazard concerned;
(c) the effects or potential effects of the disaster;
d) the place of origin of the disaster;
e) the affected area or potentially affected by the disaster;
(f) the existence of previous catastrophes and the likelihood of future catastrophes occurring in the affected area;
g) the capacity of the State affected by the disaster, natural hazard or health hazard to prepare for or react to such an event; and
h) the needs of developing countries.
9. This Article shall also apply to situations where telecommunications assistance is provided by a non-State entity or an organisation, government, provided that:
(a) the requesting State Party has given its agreement to the provision of telecommunications assistance for disaster mitigation and relief operations and has not put an end to it;
(b) the non-state entity or the intergovernmental organisation providing such telecommunications assistance has notified the applicant Party of its willingness to apply this article and the articles 4 and 5;
(c) the application of this Article shall not be incompatible with any other agreement concerning relations between the requesting State Party and the non-State entity or the intergovernmental organisation providing such assistance. telecommunications
ARTICLE 8. INFORMATION INVENTORY ON TELECOMMUNICATIONS ASSISTANCE.
1. The States Parties shall communicate to the coordinator of the operations the authority or authorities:
(a) competent in matters arising from the provisions of this Convention and authorized to request, offer, accept or terminate telecommunications assistance;
b) competent to identify government, intergovernmental or non-governmental resources that could be made available to facilitate the use of telecommunications resources for disaster mitigation and operations of relief, including the provision of telecommunications assistance.
2. The States Parties shall endeavour to communicate without delay to the coordinator of the operations any changes in the information provided pursuant to this Article.
3. The coordinator of the operations may accept the notification by a non-State entity or an intergovernmental organisation of its own procedure applicable to the authorisation to offer and terminate the assistance of the the telecommunications provided as provided for in this Article.
4. States Parties, non-state entities or intergovernmental organisations may include in their discretion the material which they deposit with the coordinator of the operations information on specific telecommunications resources. and on plans for the use of such resources in response to a request for telecommunications assistance by a State Party.
5. The operations coordinator shall keep copies of all the lists of authorities and shall communicate that information to the States Parties, other States, non-State entities and intergovernmental organisations without delay. interested, except where a State Party, a non-State entity or an intergovernmental organisation has previously indicated in writing that the distribution of its information is restricted.
6. The coordinator of the operations shall treat the material deposited by non-state entities and intergovernmental organizations as well as the material deposited by States Parties.
ARTICLE 9. REGULATORY OBSTACLES.
1. As far as possible and in accordance with their national legislation, States Parties shall reduce or abolish regulatory obstacles to the use of telecommunications resources to mitigate disasters and to carry out relief operations, including the provision of telecommunications assistance.
2. Regulatory obstacles include the following:
a) rules restricting the import or export of telecommunications equipment:
(b) rules restricting the use of telecommunications equipment or spectrum of radio frequencies;
(c) rules restricting the movement of personnel handling telecommunications equipment or that is essential for their effective use;
(d) rules restricting the transit of telecommunications resources through the territory of a State Party; and
e) delays in the administration of these rules.
3. The reduction of regulatory barriers may be adopted, inter alia:
a) review the provisions;
b) exonerate certain telecommunications resources from the application of such standards while they are being used to mitigate catastrophes and perform relief operations;
(c) the advance customs clearance of telecommunications resources for disaster mitigation and relief operations, in accordance with those provisions;
(d) recognition of the foreign approval of the telecommunications equipment and the operating licences;
e) the simplified inspection of telecommunications resources for disaster mitigation and relief operations, in accordance with those provisions; and
(f) the temporary suspension of the application of those provisions with regard to the use of telecommunications resources to mitigate disasters and to carry out relief operations.
4. Each State Party shall, at the request of the other States Parties and to the extent permitted by its national law, facilitate transit to its territory, as well as outside and through its territory, of personnel, equipment, materials and information. requiring the use of telecommunications resources to mitigate a disaster and perform relief operations.
5. The States Parties shall inform the coordinator of the operations and the other States Parties, either directly or through the coordinator of the operations of:
(a) measures taken pursuant to this Convention to reduce or eliminate those regulatory obstacles;
(b) procedures which may follow, pursuant to this Convention, the States Parties, other States, non-State entities or intergovernmental organizations to exempt specified telecommunications resources from use to mitigate disasters and carry out relief operations from the application of those provisions, to apply the advance customs clearance or the simplified inspection of such resources in line with the relevant rules, to accept the foreign approval of those resources or temporarily suspend the application of provisions that would normally be applicable to such resources; and
(c) the conditions and, where applicable, restrictions, relating to the application of those procedures.
6. The operations coordinator shall communicate regularly and without delay to the States Parties, other States, non-State entities and intergovernmental organisations an updated list of such measures, with an indication of their scope, conditions and, where applicable, applicable restrictions.
7. Nothing in this Article shall permit the violation or abrogation of the obligations and responsibilities imposed by national law, international law or multilateral or bilateral agreements, including obligations and obligations. responsibilities for customs inspection and export controls.
ARTICLE 10. RELATIONSHIP TO OTHER INTERNATIONAL AGREEMENTS.
This Convention shall not affect the rights and obligations of States Parties arising from other international agreements or international law.
ARTICLE 11. DISPUTE RESOLUTION.
1. In the event of a dispute between the States Parties concerning the interpretation or application of this Convention, the States Parties concerned shall consult each other with a view to resolving it. Consultations shall be initiated without delay after a State Party has communicated in writing to another State Party the existence of a dispute concerning this Convention. The State Party which makes a written declaration in this respect shall transmit a copy thereof without delay to the depositary.
2. If the dispute between the States Parties cannot be resolved within six (6) months of the date of communication of the above written declaration, the States Parties concerned may request the good offices of any other State Party, or other State, non-state entity or intergovernmental organization to facilitate settlement of the dispute.
3. If none of the States Parties to the dispute requests the good offices of another State Party, or other State, non-state entity or intergovernmental organization, or if the good offices do not facilitate the settlement of the dispute within six (6) months of the date on which the good offices were requested, any of the States Parties to the dispute may:
a) ask that it be submitted to mandatory arbitration; or
(b) submit it to the decision of the International Court of Justice, provided that the States Parties to the dispute have accepted at the time of signature or ratification of this Convention or of accession to or at any time the Court's jurisdiction over that dispute.
4. In the event that the States Parties to the dispute request that the dispute be submitted to mandatory arbitration and submit to the decision of the International Court of Justice, the procedure before the Court shall take precedence.
5. In the event of a dispute between a State Party requesting telecommunications assistance and a non-State entity or an intergovernmental organisation, having its seat or domicile outside the territory of that State Party concerning the provision of telecommunications assistance under Article 4, the claim of the non-State entity or the intergovernmental organisation may be directly endorsed by the State Party in which the non-State entity or the intergovernmental organisation State or intergovernmental organisation has its seat or domicile as a complaint international pursuant to this Article, provided that this is not incompatible with any other existing agreement between the State Party and the non-State entity or the intergovernmental organization involved in the dispute.
6. Upon signature, ratification, acceptance or approval of or acceding to this Convention, a State may declare that it is not bound by the dispute settlement procedures provided for in paragraph 3 or by any of the following: of them. The other States Parties shall not be bound by the dispute settlement procedure or procedures provided for in paragraph 3 with respect to the State Party whose declaration to that effect is in force.
1. This Convention shall be open to the signature of all the Member States of the United Nations or of the International Telecommunication Union at the Intergovernmental Conference on Telecommunications of Emergency in Tampere on 18 June 1998 and thereafter at the United Nations Headquarters in New York from 22 June 1998 to 21 June 2003.
2. Any State may express its consent to be bound by this Convention by:
a) the signature (definitive signature);
(b) the signature subject to ratification, acceptance or approval followed by the deposit of an instrument of ratification, acceptance or approval; or
c) the deposit of an instrument of accession.
3. The Convention shall enter into force thirty (30) days after the deposit of the instruments of ratification, acceptance, approval or accession or of the final signature by thirty (30) States.
4. This Convention shall enter into force for each State which has definitively signed it or has deposited an instrument of ratification, acceptance, approval or accession, having fulfilled the requirement specified in paragraph 3 of this Convention. Article, thirty (30) days after the date of the final signature or the manifestation of consent to be bound.
1. Any State Party may propose amendments to this Convention, for which it shall send them to the depositary, which shall communicate them for approval to the other States Parties.
2. The States Parties shall notify the depositary whether or not they accept the proposed amendments within one hundred and eighty (180) days following receipt of the amendments.
3. Amendments adopted by two-thirds of the States Parties shall be incorporated into a Protocol which shall be opened for signature by all States Parties at the headquarters of the depositary.
4. The Protocol shall enter into force in the same way as this Convention. For States which have definitively signed it or have deposited an instrument of ratification, acceptance, approval or accession and once the requirements stipulated for this have been met, the Protocol shall enter into force thirty (30) days later. of the date of the final signature or of the expression of consent to be bound.
1. When signing definitively, ratifying or acceding to this Convention or amending it, the States Parties may make reservations.
2. A State Party may at all times withdraw the reservations made by written notification to the depositary. The withdrawal of a reservation shall take effect at the time of its ratification to the depositary.
1. States Parties may denounce this Convention by written notification to the depositary.
2. The denunciation shall take effect ninety (90) days after the date of deposit of the written notification.
3. At the request of the State Party, the date on which the complaint takes effect shall cease to be used for copies of the lists of authorities, for measures taken and for existing procedures to reduce regulatory barriers, provided by the State Party to denounce this Convention.
This Convention shall be deposited with the Secretary-General of the United Nations.
The original of this Convention, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the depositary. Only authentic texts in Spanish, French and English will be opened for signature in Tampere on 18 June 1998. The depositary shall, as soon as possible, prepare authentic texts in Arabic, Chinese and Russian.
I hereby certify that the foregoing text is Je certifié que le texte qui a true copy of the Tampere Convention on precedes est une copie confor-the Provision of Telecommunication me de la Convention de Tam-Resources for Disaster Mitigation and Relief pere sur la mise à disposition
Operations, adopted at Tampere, Finland, on de ressources de telecommu- 18 June 1998, the original of which is nication pour lIs attenuation deposited with the Secretary-General of the des effets des catastrophe et United Nations. pour les opérations de secours en cas de catastrophe, adop-tee à Tampere (Finlande), et dont ldo original se trouvé déposé auprès du Secretaire général de l' Organisation des Nations Unies.
For the Secretary-General, Pour le Secretaire general, The Legal Counsel Le Conseiller juridique (Under-Secretary-General (Secretaire general adjoint for Legal Affairs) aux affaires juridiques)
Hans Corell
United Nations, New York Organisation des Nations Unies 10 November 1998 New York, le 10 novembre 1998. "
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, May 29, 2001
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(FDO.) GUILLERMO FERNANDEZ DE SOTO.
DECRETA:
ARTICLE 1o. Approve the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and disaster relief or disaster relief", adopted at Tampere, Finland, 18 (18) June 1998.
ARTICLE 2o. In accordance with the provisions of Article 1 of the 7th Act of 1944, the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and operations" In the case of disaster relief, adopted in Tampere, Finland, on 18 June 1998, which is adopted by Article 1 of this Law, it will oblige the country from the date on which the international link is improved. same.
ARTICLE 3o. This law governs from the date of its publication.
Santa Fe de Bogota, a los ...
Presented to the honorable Congress of the Republic by the undersigned Ministers of Foreign Affairs and Communications.
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Communications,
ANGELA MONTOYA HOLGUIN.
REASON EXPOSURE
Honorable Senators and Representatives:
On behalf of the National Government and in compliance with the provisions of Articles 150 numeral 16 and 189 numeral 2 of the Constitution I have the honour to submit to your consideration the Bill by means of which the " Tampere Convention on the provision of telecommunications resources for the mitigation of disasters and the disaster relief operations, adopted in Tampere, Finland, the 18 (18) June 1998.
This Convention establishes international provisions aimed at ensuring the use and availability of telecommunications in the event of disasters.
The main features of this Convention are to provide a framework for the use of communications in international humanitarian assistance, to remove regulatory barriers, to protect providers of international humanitarian assistance. telecommunications and at the same time preserve the interests of the host country.
Its history dates back to the year of 1990, when the International Conference on Disaster Relief Communications, held in Geneva, pointed to the effectiveness of telecommunications systems in responding to the disaster and in the rehabilitation actions that follow them.
In the same sense, in the Tampere Declaration on Disaster Relief Communications in 1991, an urgent appeal was made in favour of reliable telecommunications systems for disaster and disaster mitigation. relief operations, and the need to prepare an international convention on the issue that will facilitate the use of telecommunications systems for these cases has been determined.
On the other hand, at the World Conference on the Development of Telecommunications in Buenos Aires and in the Kyoto Plenipotentiaries held in 1994, the International Telecommunication Union, ITU, urged governments to take the practical arrangements to facilitate the rapid deployment and efficient use of telecommunications systems in relief operations and to mitigate the effects of disasters by removing regulatory and regulatory obstacles; intensifying cooperation between the States, concreting the independent efforts they were making other international organisations in this regard.
At the 1997 World Radiocommunications Conference in Geneva, governments were urged to give full support to the adoption of the Tampere Convention and to its implementation at national level, joining the efforts to implement it. of telecommunications in disaster cases.
The UIT Conference of Plenipotentiaries, held in Minneapolis in 1998, unanimously adopted Resolution COM5/3 on telecommunications in the service of humanitarian assistance, in which Member States are urged to:
-to facilitate the ratification, acceptance, approval and final signing of the Tampere Convention as soon as possible, and
-to adopt all the necessary provisions for the implementation of the Tampere Convention.
Taking into account the highly humanitarian objective of the Convention and the need for our country to have rules that facilitate the availability of telecommunications resources in the event of natural disasters, the National Government of the Republic of Colombia, through its Ministers of Foreign Affairs and Communications, requests the honorable National Congress to approve the " Tampere Convention on the provision of telecommunications resources for the mitigation of disaster relief operations and disaster relief operations, adopted in Tampere, Finland, 18 (18) June 1998.
Of the honorable Senators and Representatives,
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Communications,
ANGELA MONTOYA HOLGUIN.
1998 Law 424
(January 13)
By which the international conventions signed by Colombia are ordered to follow.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Chamber of Foreign Relations Committees, and within the first thirty days of the the legislative period beginning every July 20, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
ARTICLE 2o. Each dependency of the National Government charged with implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry Foreign and East Relations, to the Commissions Seconds.
ARTICLE 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
ARTICLE 4. 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 SQUIRLA BALLESTEROS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
REPUBLIC OF 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
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., May 29, 2001
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(FDO.) GUILLERMO FERNANDEZ DE SOTO.
DECRETA:
ARTICLE 1o. Approve the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and disaster relief operations", adopted at Tampere, Finland, the (18) June 1998 (18).
ARTICLE 2o. In accordance with the provisions of Article 1 of the 7th Act of 1944, the "Tampere Convention on the provision of telecommunications resources for disaster mitigation and operations" In the case of disaster relief, adopted in Tampere, Finland, on 18 June 1998, which is adopted by Article 1 of this Law, it will oblige the country from the date on which the international link is improved. same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
GERMAN VARGAS LLERAS
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD
The President of the honourable House of Represents,
ALONSO ACOSTA OSIO
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 6 November 2003.
ALVARO URIBE VELEZ
The Foreign Minister,
MARIA CAROLINA BOAT ISAKSON.
The Minister of Communications,
MARTHA ELENA PINTO DE DE HART.
