871 OF 2003

(December 30)

Official Journal No. 45.418 of 2 January 2004

PUBLIC POWER-LEGISLATIVE BRANCH

By means of which the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, is approved, at thirteen (13) days of the month of May of one thousand nine hundred and ninety-four (1994).

THE CONGRESS OF THE REPUBLIC,

Having regard to the text of the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, at thirteen (13) days of May of a thousand nine hundred and ninety-four (1994), which to the letter reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

BILL 207 2003 PROJECT

By means of which the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, is approved, at thirteen (13) days of the month of May of one thousand nine hundred and ninety-four (1994).

THE CONGRESS OF THE REPUBLIC,

Having regard to the text of the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, at thirteen (13) days of May of a thousand nine hundred and ninety-four (1994), which to the letter reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

" AGREEMENT BETWEEN ECUADOR AND COLOMBIA ON ARTISANAL FISHING

The Government of the Republic of Ecuador and the Government of the Republic of Colombia,

CONSIDERING:

1. That it is necessary to jointly develop the activity of sea fishing, river fishing and artisanal aquaculture, especially in the Border Integration Zone.

2. That the orderly and sustainable use of resources requires comprehensive management between the Parties.

3. That it is essential to harmonise the rules of administration on the subject.

4. That mechanisms for communication, coordination, consultation and control should be established between the competent national authorities.

5. That available information and technologies developed in artisanal fishing should be shared, as well as joint efforts to advance joint research.

6. That the socioeconomic and nutritional conditions of the region's artisanal fishing communities should be enhanced by planning and implementing binational projects; and,

7. That the fishing resources and the ecosystem of influences should be handled in a technical and rational manner,

AGREE:

ARTICLE 1o. Make an assessment and draw up an inventory of fisheries resources in the maritime and river waters of the Border Integration Zone.

ARTICLE 2o. Adopt binational regulations, on the basis of scientific research and the evaluation of fishery resources, to rationalize artisanal fishing and to ensure the sustainability of these resources and the ecosystem of influences.

ARTICLE 3o. Develop binational comprehensive management programs, which will be executed by the competent national authorities.

ARTICLE 4. Design binational aquaculture programs, with the participation of the corresponding national authorities and the artisanal fishing sector.

ARTICLE 5o. To promote the organization of artisanal fishermen, the creation of Binational Enterprises for the capture, collection, processing and marketing of fishery products.

ARTICLE 6o. Perform binational census of artisanal fishermen that incorporates the necessary social, economic and technical information to enable the diagnosis and planning of assistance programs and cooperation.

ARTICLE 7o. Establish binational training centers, programs, or courses of basic and applied research on bioaquatic resources and influence ecosystems.

ARTICLE 8o. Manage international technical and economic assistance together for any binational plans, programs, and projects that require it.

ARTICLE 9o. Establish information mechanisms, intended for artisanal fishermen, on closed periods of common agreement.

ARTICLE 10. Convening binational surveillance and control actions for the due respect and observance of the closed periods.

ARTICLE 11. Develop programs to diversify the productive activities of artisanal fishermen during the closed periods.

ARTICLE 12. For the due performance of the advisory and coordination functions, the Parties shall constitute a Binational Technical Committee, made up of officials from the Ministries of Relations External, competent authorities in the field, community organizations, associations and non-governmental organizations (NGOs).

This Binational Technical Committee will work according to your own Rules of Procedure.

ARTICLE 13. The Chair of the Technical Committee shall be exercised by the representatives of the competent national authorities, in an alternate form and for periods of one year.

ARTICLE 14. Each Party shall notify the other of the payroll of the members of the Technical Committee and any changes that occur.

ARTICLE 15. The Binational Technical Committee will have the following functions:

15.1 Propose to governments projects and binational programs for the promotion of artisanal fishing.

15.2 Propose binational regulations on capture arts and methods, tending to the best management of fishery resources.

15.3 To monitor the implementation of binational programmes and the mechanisms for the protection, monitoring and control of fishing and aquaculture activities.

15.4 Recommend concurrent periods of closure for each of the common bioaquatic resources in the areas of influence and in the extent that technical studies determine it.

15.5 Propose binational scientific research programs to governments.

15.6 Present annual reports to the Ministries of Foreign Affairs and the Neighbourhood Commission, and

15.7 The others assigned to you by the Parties.

ARTICLE 16. This agreement shall enter into force on the last date on which the Parties communicate compliance with the requirements of their internal order.

ARTICLE 17. Any Party may denounce this agreement by written notification, which shall take effect sixty days later.

ARTICLE 18. This Agreement may be amended, by mutual agreement, by exchange of letters.

In faith of which they sign, in two equally authentic copies, in the city of Popayan, at 13 days of the month of May 1994.

The Minister of Foreign Affairs of Ecuador,

DIEGO WALLS PEÑA.

The Minister of Foreign Affairs of Colombia,

NOEMI SANIN DE RUBIO ".

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 5, 2002.

APPROVED. sometase to the consideration of the honorable National Congress for the constitutional effects

(Fdo.) ANDRES PASTRANA ARANGO

The Minister of Foreign Affairs (Fdo.),

GUILLERMO FERNANDEZ DE SOTO.

DECRETA:

ARTICLE 1o. Approve the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, at thirteen (13) days of the month of May of one thousand nine hundred and ninety-four (1994).

ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayan, at thirteen (13) days of May of one thousand nine hundred and ninety-four (1994), which is approved by Article 1 of this law, shall bind the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a los ...

Presented to the honorable Congress of the Republic by the undersigned Ministers of Foreign Affairs and Agriculture and Rural Development.

The Foreign Minister,

SHIP CAROLINA.

The Minister of Agriculture and Rural Development,

CARLOS GUSTAVO CANO SANZ.

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 Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, is approved, at thirteen (13) days of the month. May of a thousand nine hundred and ninety-four (1994).

the Colombian Pacific Coast is 1392 kilometers long and is made up of a territory that is equivalent to 6.2 percent of the country's surface. The main population centers are the ports of Buenaventura, Tumaco, Guapi and Bahia Solano; the others, are small settlements scattered along the coast and characterized by the absence of adequate infrastructure, in particular This area of any traditional development has been significantly reduced by road and electric power.

The above has marked the low development of this zone, despite the productive potential of the region, which is ipally in terms of the fishery resources, which are closely related to the work of almost all of the communities.

Towards 1994, it was estimated that between the south of the department of Choco and northern Cauca, there were a total of 5,067 fishermen belonging to 81 communities, of which 2,150 are located in 32 communities in Valle del Cauca. In spite of the socio-cultural differences of the different communities, there are fishing gears and methods in common that allow to guide their activities, especially towards the capture of the shrimp of someras and the white fishing, without ignoring the exercise in the extraction of jaiba, piangua and even river shrimp.

A capture of 2,645.82 tons of shrimp from someras (white, titi and tiger) waters in the Colombian Pacific coast is recognized for 1998, of which 73.21% is contributed by artisanal fishing, a resource mostly exported to countries such as United States and Spain. With reference to white fishing they are the main object of capture: Sierras, dorados, pargos, peladas, toyos, hake and cherns among others, for a total volume in the Colombian Pacific, of 3,220.53 tons in 1998. Of this value, a 65.98% corresponds to the activity of artisanal fishing. Important in this item are the export of shark fins, corvina buches, chernas and dorados. Thus, given the importance of the generation of foreign exchange, animal protein extraction and source of employment, artisanal fishing becomes one of the main activities of the Colombian Pacific coast.

As one of the strategic aspects, for the development of the subsector, technological development has been identified and in this sense, it is necessary to deepen the knowledge, implementation and prioritization of programs in the field of generation, validation, adjustment and/or technological training, in order to promote the advancement in each of the components identified within the fishing phases. Technological needs are expected to be identified not only from the technology itself, but from the requirements of the markets in terms of quantity, quality and type of presentation of the products.

Additionally, it is expected that in the productive technological development there will be, in a transversal way, the participation of other disciplines that will allow to generate technologies articulated to regional processes, that take into account the particularities cultural and economic of artisanal fishermen, in addition to being sustainable and to be competitive.

On the other hand, it is expected to share systematization and socialization activities of successful experiences, many of which will be related to research and/or training processes that may be shared with the purpose of overcoming the limitations identified around the production and competitiveness of small and medium-scale fisheries and contribute to the achievement of a better and higher level of development, and in particular to social policies designed to respond to these challenges. challenges that create a certain capacity for participation and organization of the communities; participation that will be achieved to the extent that there is an effective capacity for partnership and mobilisation from the social base.

On the other hand, we find traditional artisanal fishing, with wooden or fiber boats, with outboard engines, use of special nets and in some cases with certain improvements in landing and handling facilities. fishery products, and small-scale subsistence fishing, which is usually carried out near the coast, with manual, rudimentary and low-investment instruments.

The difficulties, obstacles and deficiencies inherent in a working dynamic with this productive subsector have structural roots that range from the methodological elements of the developed work, to problems related to levels of development of each group and their relationship with the rest of the non-participating organization of the projects.

This involves coordinating and seeking articulation and support spaces with the scientific and technical community of Ecuador to share, exchange and learn about the working experiences of the subsector, technological and training aspects of Artisanal fishermen, studies in species biology, breeding times, recruitment, biomass, state of exploitation, total effort (more artisanal industrial fishing), which would be the basis for improvement, and innovative new practices technology and implement unified ordering measures for the use of (a) sustained of the fishing resources that are shared, and for the establishment of control and information crossing mechanisms to safeguard the interests of each country and the Region in relation to the fishery resources.

The mechanism that will allow the development of this process is the Artesanal Fisheries Convention of 1994, in which proposals can be framed for the development of the activity for the communities of artisanal fishermen, the agents In this context, the Commission has been involved in the implementation of the new framework for the development of the sub-sector, and the Government's policy framework in which it develops and achieve an adequate flow of information. technology generated for the region. This knowledge, built collectively, with the contribution of all the components, must become the main input for the decision-making for the development of the fishing communities, the exploitation and the sustainability of the Fishery resources in the two countries.

For the above reasons, the National Government of the Republic of Colombia, through the Minister of Foreign Affairs and the Minister of Agriculture and Rural Development, requests the honorable National Congress to approve the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, at thirteen (13) days of the month of May of a thousand nine hundred and ninety-four (1994).

Of the honorable Senators and Representatives,

The Foreign Minister,

CAROLINA BOAT ISAKSON.

The Minister of Agriculture and Rural Development,

CARLOS GUSTAVO CANO SANZ.

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.

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 5, 2002.

APPROVED. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ANDRES PASTRANA ARANGO

The Minister of Foreign Affairs (Fdo.),

GUILLERMO FERNANDEZ DE SOTO.

DECRETA:

ARTICLE 1o. Approve the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayán, at thirteen (13) days of the month of May of one thousand nine hundred and ninety-four (1994).

ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Agreement between Ecuador and Colombia on Artisanal Fishing, signed in the city of Popayan, at thirteen (13) days of May of one thousand nine hundred and ninety-four (1994), which is approved by Article 1 of this law, shall bind the country 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,

GERMAN VARGAS LLERAS.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

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 30 December 2003.

ALVARO URIBE VELEZ

The Deputy Minister of Multilateral Political Affairs at the Ministry of Foreign Affairs, charged with the functions of the Office of the Foreign Minister,

JAIME GIRON DUARTE.

The Deputy Minister of Agriculture and Rural Development, in charge of the Office of the Minister of Agriculture and Rural Development,

JOHN LUCAS RESTREPO IBIZA.