Inexequible - Through Which Approves The Agreement Between Ecuador And Colombia On Artisanal Fisheries, Signed In The City Of Popayán, Thirteen (13) Days Of The Month Of May Of The Year One Thousand Nine Hundred And Ninety-Four (1994)

Original Language Title: INEXEQUIBLE - Por medio de la cual se aprueba el Acuerdo entre Ecuador y Colombia sobre Pesca Artesanal, firmado en la ciudad de Popayán, a los trece (13) días del mes de mayo de mil novecientos noventa y cuatro (1994)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Act 871 (30 December) 2003 Official Journal No. 45.418, of 2 January 2004 public power - legislative branch which is approves the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994).
Summary notes of force the Congress of the Republic, seen the text of the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994), the letter says: (to be transcribed: attached photocopy of the complete of the mentioned international instrument text).
PROJECT of Act 207 of 2003 Senate by means of which approves the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994).
THE Congress of the Republic, seen the text of the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994), that the letter says: (to be transcribed: attached photocopy of the full text of the international instrument mentioned).
"Agreement between ECUADOR and COLOMBIA on fishing craft the Government of the Republic of the Ecuador and the Government of the Republic of Colombia, considering: 1. whereas it is necessary to jointly develop the maritime, river fishing and aquaculture craft, especially in the area of border integration."
2 that the orderly and sustainable use of resources requires a comprehensive management between the parties.
3. that it is essential to harmonize the standards of Administration on the matter.
4 mechanisms of communication, coordination, consultation and control between the competent national authorities should be established.
5 that is should share available information and technologies developed in the fishing, as well as joint efforts to advance joint research.
6 that it should raise the socio-economic and nutritional conditions of artisanal fishing communities in the region, through the planning and implementation of binational projects; and, 7. That should be handled in a technical and rational manner fisheries resources and ecosystems of influences, they agree: article 1. conduct an assessment and develop an inventory of fisheries resources in the maritime and river waters in the area of border integration.

Article 2nd Take binational Regulations, on the basis of scientific research and the evaluation of fishery resources, to rationalize the fishing and to ensure the sustainability of these resources and ecosystems of influences.

Article 3rd. binational programmes of integrated management, which will be implemented by the competent national authorities.

Article 4 Design bi-national aquaculture programmes, with the participation of the relevant national authorities and the artisanal fisheries sector.

Article 5 On the basis of organization of artisanal fishermen, encourage the creation of binational companies aimed at capturing, harvesting, processing and marketing of fisheries products.

Article 6 Be binational census of artisanal fishermen, incorporating the necessary social, economic and technical information enabling diagnosis and the planning of programmes of cooperation and assistance.

Article 7 Establish centers, programs, or bi-national courses of training and basic and applied research in bioacuáticos and influence ecosystem resources.

Article 8 Jointly manage international technical and economic assistance for plans, programmes and binational projects that require it.

Article 9 Establish information mechanisms to local fishermen about closed seasons set by common agreement.

ARTICLE 10. Agree binational surveillance and control activities for due respect and observance of periods of veda.

ARTICLE 11. Programmes of diversification of productive activities of artisanal fishermen, during periods of closure.

ARTICLE 12. For the proper performance of the functions of assessment and coordination, the Parties shall establish a binational technical Committee, composed of officials from the ministries of Foreign Affairs, competent authorities in the matter, community, professional organizations and non-governmental organizations (NGOs).
This binational technical Committee will operate in accordance with its own rules.

ARTICLE 13. The representatives of the competent national authorities, shall exercise the Presidency of the Technical Committee alternately and for periods of one year.

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

ARTICLE 15. The binational technical Committee shall have the following functions: 15.1 Governments to propose projects and binational programs for the promotion of artisanal fisheries.
15.2 proposed binational arts and methods of capture, regulations aimed at better management of fisheries resources.
15.3 track binational implemented programmes and mechanisms of protection, monitoring and control of fishing activities and aquaculture.
15.4 recommend simultaneous periods of veda for each of resources determined by common bioacuáticos in the zones of influence and to the extent that the technical studies.
15.5 Governments propose binational programs of scientific research.
15.6 submit annual reports to the ministries of Foreign Affairs and the Commission, and 15.7 other that assigned to it by the parties.

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

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

ARTICLE 18. This agreement may be amended by mutual agreement, through an exchange of letters.
In faith of which is signed, in two authentic copies, in the city of Popayan, the 13 days of the month of May 1994.
The Minister of Foreign Affairs of Ecuador, DIEGO PAREDES PEÑA.
The Minister for Foreign Affairs of Colombia, NOEMI SANIN DE RUBIO".
Executive branch of the power public Presidency of the Republic Bogotá, D. C., on March 5, 2002.
APPROVED. submit to the consideration of the Honourable National Congress for constitutional purposes (signed.) Andrés PASTRANA ARANGO, the Minister for Foreign Affairs (Fdo),

GUILLERMO FERNÁNDEZ DE SOTO.
DECREES: Article 1o. Approves the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994).

Article 2nd. In accordance with the provisions of article 1 of law 7th of 1944, the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994), which by article 1 of this law is approved, it will oblige the country from the date in which improve the international link with respect to the same.

Article 3. This law governs the date of its publication.
Given in Bogotá, D. C., to the...
Presented to the honorable Congress of the Republic by the undersigned Ministers Foreign Affairs and Agriculture and Rural development.
The Minister of Foreign Affairs, CAROLINA BARCO.
The Minister of agriculture and Rural Development, CARLOS GUSTAVO CANO SANZ.
EXHIBITION of motives Honourable senators and representatives: on behalf of the national Government and in accordance with provisions of articles 150 paragraph 16 and 189 paragraph 2 of the Constitution politics of the Republic of Colombia, I have the honour to submit to for consideration of the Bill by means of which approves the agreement between Ecuador and Colombia on artisanal fisheries signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994).
The Colombian Pacific Coast boasts 1392 kilometres in length and is comprised of a territory which is equivalent to 6.2% of the surface of the country. The main population centres are the ports of Buenaventura, Tumaco, Guapi and Bahía Solano; the others are small settlements scattered along the coast and characterized by lack of an adequate infrastructure, especially roads carreteables and electricity, which has significantly departed this area of any traditional development.
This marked low development in this area, despite the productive potential of the region, princ ipalmente in terms of fishery resources, which are closely related to the work of almost all of the communities.
By 1994 it was estimated that you between the South of the Department of Chocó and Cauca North, there was a total of 5,067 fishermen in 81 communities, of which 2,150 settle in 32 communities in the Valle del Cauca. Despite the socio-cultural differences of different communities, there are crafts and fishing methods in common that allow activities, especially towards the capture of shrimp in shallow waters and the white fish, without prejudice to the exercise of extraction of crab, Black conch and even River prawn.
He is recognized for 1998 a screenshot of 2.645.82 tons of shrimp in shallow waters (white, titi and Tiger) in the Colombian Pacific coast, of which the 73.21% is contributed by the artisanal fisheries, resource mostly exported to countries like United States and Spain. With reference to the white fish are the main subject of capture: saws, gilded, snappers, peeled, toyos, hake and grouper among others, for a total volume on the Pacific coast, from 3.220.53 tons in 1998. This value, a 65.98% corresponds to the activity of fishing. They are important in this item the export of shark fins, Swish of sea bass, groupers and gilding. So given the importance in the generation of foreign exchange, removal of animal protein and source of employment, the fishing becomes one of the main activities of the Colombian Pacific coast.
As one of the strategic aspects, for the development of the sub-sector has been identified in this regard and technological development, it is necessary to dig deeper into knowledge, implementation and prioritization of generation, validation, adjustment and/or technology training programmes, to promote the progress in each of the components identified within the phases of fishing. He is expected that technology needs be identified not only from the same technology, but from the requirements of the markets in terms of quantity, quality and type of product presentation.
In addition, expected that in the technological development of production exists, transversely, the involvement of other disciplines that allow to generate technologies articulated to regional processes, that take into account the cultural and economic particularities of artisanal fishermen, who also are sustainable and are competitive.
On the other hand is expected to share activities of systematization and socialization of successful experiences, many of which will be related to processes of research or training that may be shared with the purpose of overcoming the limitations identified around the production and competitiveness of fisheries to small and medium scale and contribute to the achievement of a higher and better level of development , and in particular social policies designed to respond to those challenges that represent a certain capacity of participation and organization of communities; participation to be accomplished in that has an effective capacity of Association and mobilization from the grassroots.
On the other hand, find a traditional artisanal fishing, with wooden or fibreglass boats, outboard motors, use special nets and in some cases with some improvements in facilities for unloading and handling of fishery products, and a traditional subsistence fishing, which usually takes place near the coast, with hand instruments rudimentary, with low investment.
Difficulties, obstacles and shortcomings inherent to workflow with this productive sector has structural roots ranging from methodological elements of the work done, to problems related to levels of development of each group and their relation with the rest of the non-participating organization of the projects.

This entails, to coordinate and find places of articulation and support with the scientific and technical community of Ecuador to share, Exchange and experiences of performance of the sub-sector, technological and aspects of formation of artisanal fishermen, studies in the biology of the species, reproduction, recruitment, biomass, exploitation State times, effort (fishing industry more) total, which would be the basis for improving , and innovate new technological practices and implement management measures unified to use sustained fishery resources which are shared, and for the establishment of mechanisms of control and crossing of information to safeguard the interests of each country and of the Region in relation to fishery resources.
The mechanism that will allow the development of this process is the agreement of fishing in 1994, in which you can frame proposals aimed at the development of the activity for the communities of fishermen, agents involved in it and the policy framework that unfolds and Government achieve an adequate flow of information, allowing you to enhance the resources available building knowledge for the development of the sub-sector and take advantage of technology to the region. This knowledge collectively, built with the contribution of all the components, should become the main input for decision-making for the development of fishing communities, leveraging and sustainability of fishery resources in the two countries.
For the above reasons, the Government national of the Republic of Colombia, through the Minister of Foreign Affairs and the Minister of agriculture and Rural Development, requested the honorable National Congress to approve the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994).
The Honourable senators and representatives, Minister of Foreign Affairs, CAROLINA BARCO ISAKSON.
The Minister of agriculture and Rural Development, CARLOS GUSTAVO CANO SANZ.
LAW 424 (January 13) 1998 which ordered the follow-up to the international agreements signed by Colombia.
THE Congress of COLOMBIA Decree: article 1. The national Government, through the Ministry of Foreign Affairs shall submit annually to the latter commissions of Foreign Affairs of the Senate and House, within the first thirty calendar days subsequent to the legislative period that begins each July 20, a report detailed how they are meeting and developing the existing international agreements signed by Colombia with other States.

Article 2nd. Each dependency of the national Government responsible for executing international treaties within their competence and require reciprocity in the same, transfer relevant information to the Ministry of Foreign Affairs, and, the latter commissions.

Article 3. The full text of this law will be incorporated as an annex to each and every one of the international conventions which the Ministry of Foreign Affairs submitted to the Congress for consideration.

Article 4th. This law governed from its promulgation.
The President of the honorable Senate of the Republic, AMYLKAR ACOSTA MEDINA.
The Secretary-General of the honorable Senate of the Republic, PEDRO PUMAREJO VEGA.
The President of the honorable House of representatives, CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of representatives, DIEGO VIVAS TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT PUBLISHED AND EXECUTED.
Given in Santa Fe de Bogotá, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO, the Foreign Minister, MARIA EMMA Mejia VELEZ.
Executive branch of the power public Presidency of the Republic Bogotá, D. C., on March 5, 2002.
APPROVED. Subject to consideration of the honorable National Congress for constitutional purposes.
(Fdo). Andrés PASTRANA ARANGO, the Minister for Foreign Affairs (Fdo.), GUILLERMO FERNANDEZ DE SOTO.
DECREES: Article 1o. Approves the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994).

Article 2nd. In accordance with the provisions of article 1 of law 7th of 1944, the agreement between Ecuador and Colombia on artisanal fisheries, signed in the city of Popayán, thirteen (13) days of the month of may of the year one thousand nine hundred and ninety-four (1994), which by article 1 of this law is approved, it will oblige the country from the date in which improve the international link with respect to the same.

Article 3. This law governs 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 LIZCANO RIVERA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT COMMUNICATE AND MET.
Run, upon review of the Constitutional Court, in accordance with article 241-10 of the political Constitution.
Given in Bogotá, D. C., to December 30, 2003.
ÁLVARO URIBE VÉLEZ the Vice-Minister of political multilateral affairs of the Ministry of Foreign Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs JAIME GIRON DUARTE.
The Deputy Minister of agriculture and Rural Development, in charge of the functions of the Office of the Minister of agriculture and Rural Development, JUAN LUCAS RESTREPO IBIZA.

Related Laws