Колумбия

Reservation:

In accordance with article 66, paragraph 3, of the Convention, Colombia declares that it does not consider itself bound by paragraph 2 of that article.

Reservation:

In accordance with article 15, paragraph 3, of the Protocol, Colombia declares that it does not consider itself bound by paragraph 2 of that article.

Reservation:

In accordance with article 35, paragraph 3, of the Convention, Colombia declares that it does not consider itself bound by paragraph 2 of that article.

Declaration:

Concerning article 7 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, Colombia declares that, in accordance with its domestic legal system, it construes the penalty of "confiscation" (confiscación) only as seizure or forfeiture during the penalty phase.

Declaration:

The military forces of Colombia, in application of the norms of international humanitarian law for the protection of the best interests of the child and in application of domestic legislation, do not recruit minors in age into their ranks, even if they have the consent of their parents.
Act 418 of 1997, extended through Act 548 of 1999 and amended by Act 642 of 2001, stipulates that persons under 18 years of age shall not be recruited to perform military service. Students in the eleventh grade who are minors, in accordance with Act 48 of 1993, and who are selected to perform such service, shall defer their enlistment until they have reached age 18.
If, on reaching majority, the youth who has deferred military service shall have been matriculated or admitted to an undergraduate programme in an institution of higher education, he shall have the option of serving his duty immediately or deferring it until completion of his studies. If he should choose to serve immediately, the educational institution shall reserve a space for him under the same conditions; if he should choose to defer, the corresponding degree may be granted only when his military service has been completed as ordered by law. Interruption of higher-level studies shall entail the obligation of enlistment into military service. Civilian or military authorities who disregard this provision shall be subject to dismissal on grounds of misconduct.
The youth recruited who has deferred his military service until completion of his professional studies shall fulfil his constitutional duty as a graduate professional or technician in the service of the armed forces in activities of social service to the community, public works and tasks of a scientific or technical nature as required in the respective unit to which he has been assigned. In such case, military service shall be of six months' duration and shall be credited as the rural service year, practicum, industrial semester, year of court internship, obligatory social service or similar academic requirements that the programme of study establishes as a degree requirement. For those entering a law career, such military service may replace the thesis or monograph for the degree and in any case, shall replace the obligatory social service referred to in article 149 of Act 446 of 1998.

Declaration:

By virtue of article 24, paragraph 2, of the Convention, Colombia declares that it does not consider itself bound by paragraph 1 of the said article.
Furthermore, by virtue of article 7, paragraph 3, of the Convention, Colombia states that it establishes its jurisdiction in accordance with its domestic law in accordance with paragraph 2 of the same article.

Declarations:

1. None of the provisions of the Rome Statute concerning the exercise of jurisdiction by the International Criminal Court prevent the Colombian State from granting amnesties, reprieves or judicial pardons for political crimes, provided that they are granted in conformity with the Constitution and with the principles and norms of international law accepted by Colombia.
Colombia declares that the provisions of the Statute must be applied and interpreted in a manner consistent with the provisions of international humanitarian law and, consequently, that nothing in the Statute affects the rights and obligations embodied in the norms of international humanitarian law, especially those set forth in article 3 common to the four Geneva Conventions and in Protocols I and II Additional thereto.
Likewise, in the event that a Colombian national has to be investigated and prosecuted by the International Criminal Court, the Rome Statute must be interpreted and applied, where appropriate, in accordance with the principles and norms of international humanitarian law and international human rights law.
2. With respect to articles 61(2)(b) and 67(1)(d), Colombia declares that it will always be in the interests of justice that Colombian nationals be fully guaranteed the right of defence, especially the right to be assisted by counsel during the phases of investigation and prosecution by the International Criminal Court.
3. Concerning article 17(3), Colombia declares that the use of the word "otherwise" with respect to the determination of the State's ability to investigate or prosecute a case refers to the obvious absence of objective conditions necessary to conduct the trial.
4. Bearing in mind that the scope of the Rome Statute is limited exclusively to the exercise of complementary jurisdiction by the International Criminal Court and to the cooperation of national authorities with it, Colombia declares that none of the provisions of the Rome Statute alters the domestic law applied by the Colombian judicial authorities in exercise of their domestic jurisdiction within the territory of the Republic of Colombia.
5. Availing itself of the option provided in article 124 of the Statute and subject to the conditions established therein, the Government of Colombia declares that it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by Colombian nationals or on Colombian territory.
6. In accordance with article 87(1)(a) and the first paragraph of article 87(2), the Government of Colombia declares that requests for cooperation or assistance shall be transmitted through the diplomatic channel and shall either be in or be accompanied by a translation into the Spanish language.

Reservation:

The Government of the Republic of Colombia formulates a reservation to paragraph 3 of article 11, by means of which Colombia does not consider itself bound by either of both of the dispute settlement procedures provided for in paragraph 3 of article 11.

Declaration:

By virtue of article 20, paragraph 2, of the Convention, Colombia declares that it does not consider itself bound by paragraph 1 of the said article.
Furthermore, by virtue of article 6, paragraph 3, of the Convention, Colombia states that it establishes its jurisdiction in accordance with its domestic law in relation to paragraph 2 of the same article.

Declaration:
The Government of Colombia declares that the financial obligations arising from the present instrument shall not become payable until the Treaty has entered into force and shall not have retroactive effect.

Reservation:

Articles 15, 46 and 47 of the [said Convention], which was adopted by means of Act No. 146 of 1994, shall be executed with the understanding that the State of Colombia retains the right to promulgate taxation, exchange and monetary regulations establishing equality of treatment of migrant workers and their families with that of nationals in respect of the import and export of personal and household effects and the transfer of earnings and savings abroad, and in respect of expropriation for reasons of equity and the nullification of ownership of property in the cases envisaged in article 34 of the Political Constitution.

Upon signature:

Reservation:
The Colombian Government considers that, while the minimum age of 15 years for taking part in armed conflicts, set forth in article 38 of the Convention, is the outcome of serious negotiations which reflect various legal, political and cultural systems in the world, it would have been preferable to fix that age at 18 years in accordance with the principles and norms prevailing in various regions and countries, Colombia among them, for which reason the Colombian Government, for the purpose of article 38 of the Convention, shall construe the age in question to be 18 years.
Upon ratification:

Reservation:
The Government of Colombia, pursuant to article 2, paragraph 1 (d) of the Convention, declares that for the purposes of article 38, paragraphs 2 and 3, of the Convention, the age referred to in said paragraphs shall be understood to be 18 years, given the fact that, under Colombian law, the minimum age for recruitment into the armed forces of personnel called for military service is 18 years.

Upon signature:

It is the understanding of Colombia that the implementation of the present Convention shall in no case restrict, but rather shall strengthen, the application of the juridical and political principles which, as [was] made clear in the statement [made on 21 March to the Basel Conference], govern the actions taken by the Colombian State in matters covered by the Convention -- in other words, inter alia , the latter may in no case be interpreted or applied in a manner inconsistent with the competence of the Colombian State to apply those principles and other norms of its internal rule to its land area (including the subsoil), air space, territorial sea, submarine continental shelf and exclusive economic maritime zone, in accordance with international law.
Upon ratification:

The Government of Colombia, pursuant to article 26, paragraph 2, of the [said Convention], declares, for the purposes of implementing this international instrument, that article 81 of the Political Constitution of Colombia prohibits the bringing of nuclear residues and toxic wastes into the national territory.

Upon signature:

Colombia formulates a reservation to article 9, paragraph 1, of the Convention, specifically subparagraphs (b), (c), (d) and (e) thereof, since its legislation does not permit outside co-operation with the judiciary in investigating offences nor the establishment of joint teams with other countries to that end. Likewise inasmuch as samples of the substances that have given rise to investigations belong to the proceedings, only the judge, as previously, can take decisions in that regard.
Upon ratification:

Reservations:

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2. With respect to article 5, paragraph 7, of the Convention, Colombia does not consider itself bound to reverse the onus of proof.
3. Colombia has reservations in connection with article 9, paragraphs 1 (b), (c), (d) and (e), inasmuch as they conflict with the autonomy and independence of the judicial authorities in their jurisdiction over the investigation and judgement of offences.
Declarations:

1. No provision of the Convention may be interpreted as obliging Colombia to adopt legislative, judicial, administrative or other measures that might impair or restrict its constitutional or legal system or that go beyond the terms of the treaties to which the Colombian State is a contracting party.
2. It is the view of Colombia that treatment under the Convention of the cultivation of the coca leaf as a criminal offence must be harmonized with a policy of alternative development, taking into account the rights of the indigenous communities involved and the protection of the environment. In this connection it is the view of Colombia that the discriminatory, inequitable and restrictive treatment accorded its agricultural export products on international markets does nothing to contribute to the control of illicit crops, but, rather, is a cause of social and environmental degradation in the areas affected. Further, Colombia reserves the right to make an independent evaluation of the ecological impact of drug control policies, since those that have a negative impact on ecosystems contravene the Constitution.
3. It is the understanding of Colombia that article 3, paragraph 7, of the Convention will be applied in accordance with its penal system, taking into account the benefits of its policies regarding the indictment of and collaboration with alleged criminals.
4. A request for reciprocal legal assistance will not be met when the Colombian judicial and other authorities consider that to do so would run counter to the public interest or the constitutional or legal order. The principle of reciprocity must also be observed.
5. It is the understanding of Colombia that article 3, paragraph 8, of the Convention does not imply the non-applicability of the statutory limitation of penal action.
6. Article 24 of the Convention, on "more strict or severe measures", may not be interpreted as conferring on the Government powers that are broader than those conferred by the Political Constitution of Colombia, including in states of exception.
7. It is the understanding of Colombia that the assistance provided for under article 17 of the Convention will be effective only on the high seas and at the express request and with the authorization of the Colombian Government.
8. Colombia declares that it considers contrary to the principles and norms of international law, in particular those of sovereign equality, territorial integrity and non-intervention, any attempt to abduct or illegally deprive of freedom any person within the territory of one State for the purpose of bringing that person before the courts of another State.
9. It is the understanding of Colombia that the transfer of proceedings referred to in article 8 of the Convention will take place in such a way as not to impair the constitutional guarantees of the right of defence. Further, Colombia declares with respect to article 6, paragraph 10, of the Convention that, in the execution offoreign sentences, the provisions of article 35, paragraph 2, of its Political Constitution and other legal and constitutional norms must be observed
The international obligations deriving from article 3, paragraphs 1 (c) and 2, as well as from article 11 are conditional on respect for Colombian constitutional principles and the above three reservations and nine declarations making the Convention compatible with the Colombian constitutional order.

Reservations:

(a) With respect to articles 11 to 17, and in accordance with article 46, Colombia specifies that Colombia’s plenipotentiary representative can express the consent of the Colombian State only after the treaty has been approved by the Congress and reviewed by the Constitutional Court.
(b) With respect to article 25, Colombia specifies that only treaties relating to economic or commercial matters that have been agreed upon within the framework of international organizations which so provide may be applied provisionally by Colombia without prior approval of the Congress and review by the Constitutional Court.
Interpretative declaration:

(c) With respect to article 27, paragraph 1, Colombia specifies that it accepts that a State may not invoke the provisions of its internal law as justification for its failure to perform the treaty, on the understanding that this rule does not exclude judicial control of the constitutionality of laws adopting treaties.”

Reservation:

In accordance with article 16 (2) of the Convention, Colombia does not consider itself bound by the provisions of article 16 (1).

Reservations:

...
3. Colombia enters a reservation to those provisions of the Convention, which are contrary to the guiding principles of the Colombian Penal Code and to article 29 of the Political Constitution of Colombia, the fourth paragraph of which states that:
Everyone shall be presumed innocent until proven guilty according to law. Anyone who is charged with an offence shall be entitled to defence and the assistance of counsel of his own choosing, or one appointed by the court, during the investigation and trial; to be tried properly, in public without undue delay; to present evidence and to refute evidence brought against him; to contest the sentence; and not to be tried twice for the same act.
Consequently, the expression "Alleged offender" shall be taken to mean "the accused".

Reservation:

With regard to article 25, Colombia formulates the reserva- tion that the Political Constitution of Colombia does not recog- nize the provisional application of treaties; it is the responsibility of the National Congress to approve or disapprove any treaties and conventions which the Government concludes with other States or with international legal entities.

Reservation:

In accordance with the provisions of article 17 (1) of the Convention, the Republic of Colombia makes a reservation to article 14 to the effect that it does not recognize the jurisdiction of the International Court of Justice with regard to the disputes that may arise between Contracting States concerning the interpretation or application of the Convention.

Declarations:

1. Pilot plant activities in Colombian territory
With respect to the scope of article 3 (a) of the Statutes, which refers to pilot plant activities in the field of genetic engineering and biotechnology, when pilot plants are established in Colombian territory they may not contravene the regulations in force in Colombia regarding management of genetic resources, biosafety, protection of life, health, food production and the cultural integrity of indigenous, black and peasant communities.
2. Functions of the Board of Governors
With regard to the scope of article 6, paragraph 2 (a), which specifies that the Board of Governors shall determine the general policies and principles governing the activities of the Centre, it is to be understood that when this provision is applied in Colombia it shall not contravene the domestic, supranational or international legal provisions regarding biosafety, management of genetic resources, and protection of biological, ethnic and cultural diversity and of life, health and food production.
3. Attributions of the Council of Scientific Advisers
Likewise, the Government of the Republic of Colombia makes the following statement with regard to the function of the Council of Scientific Advisers provided for in article 7, paragraph 4 (e), of the Statutes, giving it the power to approve safety regulations for the Centre, in other words the safety regulations governing the research work approved by the Council of Scientific Advisers. These provisions, when applied in Colombia, may not contravene the regulations in force in Colombia regarding management of genetic resources, biosafety, and protection of biological, ethnic and cultural diversity and of life, health and food production.
4. Intellectual property rights and patents
With respect to article 6, paragraph 2 (e), which specifies that one of the functions of the Board of Governors is to "Establish ...rules which regulate patents, licensing, copyrights and other rights to intellectual property, including the transfer of results emanating from the research work of the Centre", the Government of the Republic of Colombia considers that these powers of the Board of Governors must be exercised in conformity with and subject to the national, supranational and international provisions in force in relation to industrial and intellectual property, especially with regard to the rights of ethnic and cultural minorities in respect of products derived from their knowledge.
The foregoing declaration also extends to article 14, paragraph 2, of the Statutes, which establishes the Centre's ownership of copyright and patent rights relating to any work produced or developed by the Centre; in other words, these rights must be exercised in conformity with and subject to the national, supranational and international provisions in force in relation to industrial and intellectual property, especially with regard to the rights of ethnic and cultural minorities in respect of products derived from their knowledge.
As a consequence of the foregoing declarations, the Government of the Republic of Colombia states that article 14, paragraph 3, referring to the policy pursued by the Centre to obtain patents or interests in patents on results of genetic engineering and biotechnology developed through projects of the Centre, shall apply in Colombia on the understanding that the rules in force under domestic, supranational and international regulations with regard to industrial and intellectual property will be complied with; specifically, the Governmentof the Republic of Colombia states that the scope of the paragraphs cited in article 14 of the present instrument is to be understood as being subject to the following conditions:
"The Centre may not acquire any right to any work developed or produced on the basis of Colombian biological or genetic material if the development or product is amonghose provided for in articles 6 and 7 of Decision 344 of 1993 of the Commission of the Cartagena Agreement or, in general, contravenes the regimes provided for in Decisions 344 and 345 of 1993 of the Cartagena Agreement" and
"The Centre shall not be able to patent or exercise any right over inventions deriving from traditional knowledge, utilization or exploitation of biological or genetic resources developed by Colombian black, indigenous and peasant communities, except in cases where the national communities, by common agreement and subject to payment of such fees as may be payable under the legislation in force, cede the rights in question."
Likewise, the Government of the Republic of Colombia wishes to indicate with respect to article 14, paragraph 4, dealing with access to intellectual property rights concerning the results emanating from the research work of the Centre by Members and by developing countries that are not Members of the Centre, that this provision must be interpreted in conformity with the principles of equity and reciprocity governing Colombia's international relations. In particular, the Republic of Colombia considers that where such rights are the outcome of research conducted on the basis of Colombian biological or genetic material, Colombia should enjoy particularly favourable access to them.
5. Legal status, privileges and immunities
With respect to article 13, paragraph 2, of the Statutes, whichprovides that the property of the Centre "shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity", the Government of the Republic of Colombia accepts that provision on condition that, in the event of a legal dispute arising between an inhabitant of the national territory and the Centre in which the latter is acting as a private individual or subject to the rules of domestic or supranational law, recourse may be had to the judicial mechanisms prescribed bythe national and international legal order in order that the conflict may be resolved in accordance with the legislation in force in Colombian territory.
With regard to the provisions of paragraph 3 of the same article, which refers to the inviolability of the premises of the Centre and states that wherever located, they shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative actions, the Republic of Colombia wishes to point out that this provision does not prevent the Colombian authorities from establishing effective control and inspection mechanisms that will enable the State to discharge its inescapable duty of monitoring compliance with the national, supranational and international legislation on biosecurity and protection of natural resources, cultural diversity, life, health and the production of food in Colombian territory.

With respect to the Convention on the Territorial Sea and the Contiguous Zone, the delegation of Colombia declares that, under article 98 of the Colombian Constitution, authorization by the Senate is required for the passage of foreign troops through Colombian territory and that, by analogy, such authorization is accordingly also required for the passage of foreign warships through Colombian territorial waters.