DECISION 548
Andean Cooperation Mechanism on Consular Assistance and Protection and Migratory Matters

THE ANDEAN COUNCIL OF FOREIGN MINISTERS,

HAVING SEEN: Articles 3a) and 16 of the codified text of the Cartagena Agreement set out in Decision 406; Decision 458 approving the Common Foreign Policy Guidelines; and articles 6 and 12 of the Regulations of the Andean Council of Foreign Ministers approved through Decision 407; and

WHEREAS: Human beings are the supreme purpose of society and States must take measures to guarantee their well-being;

The current international scenario, which is characterized by growing financial and trade flows, is also known for its constant migratory movement, involving nationals of the Member Countries, among other persons;

It is necessary to broaden the sphere of application of the existing 1911 Caracas Agreement on Consuls, signed by Bolivia, Colombia, Ecuador, Venezuela and Peru, by virtue of which Consuls of any of the contracting republics who reside in another of those republics may use their authority for the benefit of individuals from other contracting republics who do not have an assigned Consul at that site, so that a mechanism for Andean Consular cooperation in third countries may be created;

The Member Countries have signed and ratified the April 24, 1963 Vienna Convention on Consular Relations;

Article 51, paragraph 6, of the Andean Charter for the Promotion and Protection of Human Rights stipulates that the Member Countries shall take care in their joint action to promote and protect the rights of migrants and their families before other countries and groups of countries, as well as in international and regional forums;

In point fourteen of the Lima Act, signed at the Twelfth Regular Meeting of the Andean Presidential Council in June 2000, the Andean Presidents expressed the need to “join efforts to defend nationals of Andean countries who are abroad, in situations where their human rights, individual guarantees or internationally recognized labor rights are threatened, and to combat any expressions of racism or xenophia;”

The Member Countries have set themselves the target of establishing the Common Market in the subregion by December 25, 2005, at the latest and the consolidation of people’s freedom of movement is a basic element for the accomplishment of that aim;

With the adoption of Decisions 458, 503 and 504 of the Andean Council of Foreign Ministers on Common Foreign Policy Guidelines, Recognition of National Identification Documents and Creation of the Andean Common Passport, respectively, it has become necessary to issue complementary provisions that will make it possible to consolidate and deepen the subregional integration process and reinforce the identity, solidarity and cohesion of the Andean Community, and on the movement of people;

The Sixth Regular Meeting of the Andean Committee of Immigration Authorities (CAAM) recognized the importance to the Andean integration process of cooperation on Consular matters and, in that connection, issued a series of conclusions on the subject;

It is necessary to seek protection and assistance for all nationals of Member Countries, wherever they may be, and to establish an institutionalized mechanism for cooperation on migratory matters;

The General Secretariat has presented Proposal 98/Rev. 1 on the approval of the Andean Cooperation Mechanism on Consular Protection and Assistance and Migratory Matters;

DECIDES:

CHAPTER I
DEFINITIONS

Article 1.- For purposes of this Decision, the terms cited below shall have the following meanings:

a) Consular Protection: Consular function of protecting, guaranteeing and defending the interests of the nationals of any of the Andean Community Member Countries in cases where they lack Diplomatic and Consular agents at the particular site where are located.

b) Indigence: The lack of the economic means to cover the basic needs.

c) Natural disaster: Unfortunate occurrence brought on by an extreme natural phenomenon that causes intense alterations in the normal order of things, persons, goods and the environment.

d) Due Process: That which is carried out in accordance with the principles and guarantees recognized in the Constitution and Laws of the recipient State or of the principles recognized by International Law and set out in the Andean Charter for the Promotion and Protection of Human Rights, to ensure a fair and rational proceeding to safeguard basic rights.

e) Right to Defense: Authority granted to people who, for any reason, take part in judicial or administrative proceedings, to bring the action or exercise the defense, within those proceedings, to which they as plaintiffs or defendants may be entitled, in either the civil or criminal, administrative or labor court.

f) Safe-conduct pass: Travel permit or document issued by a Consular authority to persons so that they can return to their country of origin or residence once they have shown documentary proof of their identity and nationality.

g) Trafficking in Persons: The collecting, transport, transfer and reception of people, by resorting to force or the threatened use of force or other forms of coercion, kidnapping, fraud, deceit, abuse of power or of a situation of vulnerability, or to the granting or reception of payments or benefits.

This exploitation is associated with, among other things, the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or similar practices, serfdom or the removal of organs.

h) International crimes: Crimes that are punishable in several of the countries affected or for which acts of enforcement have been taken in two or more of them. Crimes classified into any of the four following categories shall be considered international crimes: i) cosmopolitan persecution crimes; ii) international crimes in the strict sense without any political content; iii) crimes with a political content that are international per se; and iv) crimes against humanity.

i) State of war: Internationally recognized situation of belligerence that creates a series of rights and duties among the States involved in the conflict, as well as in their relations with the States that remain neutral. .

j) Consular District: The territory assigned to a Consular office for the exercise of its Consular functions.

CHAPTER II
OBJETIVE

Article 2.- To establish a mechanism for cooperation on Consular assistance and protection and migratory matters, for the benefit of nationals of the Andean Community Member Countries who are outside their countries of origin for different reasons.

Article 3.- The general objectives of this Decision are the following:

a) To coordinate action to protect the basic rights of nationals of any of the Andean Community Member Countries with regard to reciprocal Consular support, social security and labor guarantees; and

b) The exchange of information on migratory matters concerning the nationals of any Andean Community member Country who, for any reason, are outside their countries of origin.

Article 4.- Pursuant to this Decision, nationals of any Andean Community Member Country who are in the territory of a third State or of a part of their country of origin where they have no Diplomatic or Consular representation, may avail themselves of the protection of the Diplomatic or Consular authorities of any other Andean Community Member Country, insofar as the actions provided for in article 7 of this Decision are concerned.

Article 5.- For the best possible fulfillment of the objectives of this Decision, in cities where Andean Community Member Countries have Diplomatic or Consular representation, the head Consular officers should meet together periodically.

These meetings shall be held both in the Andean Community Member Countries and in third countries. The heads of Andean Community Member Country Consular offices accredited to a third State shall not only coordinate with each other, but also act jointly before the competent immigration and Consular authorities of the recipient country in order to promote immigration policies to regularize the migratory status of Andean Country nationals. When Consular chiefs are accredited to an Andean Community Member Country, the immigration authorities of that Member Country shall attend the periodic meetings with the Heads of Mission accredited to that Consular district.

CHAPTER III
PRINCIPLES

Article 6.- The measures referred to in Chapter IV of this Decision shall be taken, bearing in mind the following principles:

a) Respect for the principles and provisions of international law and particularly for the Vienna Convention on Consular Relations;

b) Solidarity and cooperation among the Member Countries;

c) Defense and promotion of human rights;

d) Consolidation of a common Andean identity; and

e) Flexibility and gradualness in progressively undertaking action, in keeping with the possibilities of the Consular services of the Member Countries.

CHAPTER IV
ACTIONS

Article 7.- The areas of action of this mechanism for cooperation on Consular matters have been initially defined as efforts to benefit nationals of Andean Community Member Countries whose country of origin has no Consular representation where they are located and who request it:

a) To protect their interests in the recipient country within the limits set by international law and the country’s domestic legislation;

b) To provide them with basic juridical and legal guidance on the local laws and, if appropriate, to seek to arrange for them to enjoy official defense by the recipient country;

c) To arrange for persons who are living in indigence to receive material and health assistance from the welfare authorities of the recipient country and humanitarian international organizations and non-governmental organizations;

d) To provide assistance to the victims of natural disasters, states of war or international crimes, such as trafficking in people;

e) To seek to situate or locate persons within the territory in accordance with the requests of their families or of the pertinent authorities of their countries of origin. Nationals from the Member Countries should register with the respective Consular Offices, in order to facilitate this task;

f) To ensure the well-being and appropriate conditions of detention of persons who are being prosecuted or have been indicted, arrested or sentenced within the jurisdiction of the corresponding Consular office, as well as the application of due process and the right to defense;

g) To inform the authorities of the country of origin of Andean nationals who are living in a situation of indigence, about that poverty, so that, if appropriate, the necessary action can be coordinated, including arrangements for repatriation;

h) At their request, to represent them or to take appropriate measures for their representation in the courts and before other officials of the recipient State, in accordance with the practice and procedures in effect in that State, in order to ensure that provisional measures are taken, in keeping with the laws and regulations of that State, to safeguard the rights and interests of those nationals if, because of their absence or for any other reason, they cannot defend them at the appropriate time;

i) To intercede with the local authorities of extra-Community countries, within the framework of domestic legislation and international commitments, for Andean nationals who require it;

j) To keep in contact with Member Country nationals in order to safeguard and incentivize the Andean identity, by carrying out promotional activities for this purpose;

k) With the authorization of the Foreign Ministry of the applicant’s country of origin, to legalize the signatures of officials of the recipient country. The model signature of the acting Consular officer should be submitted to that Ministry for its respective validation and recognition;

l) To grant safe conduct passes to facilitate the return of Member Country nationals to their countries of origin or residence, with the authorization of the Foreign Ministry of the applicant’s country of origin. Those passes shall have a similar format for all of the Member Countries, shall bear the name “Andean Community” and shall be issued on behalf of the Member Country where the Andean national was born;

m) To join efforts to defend Andean citizens in situations where their human rights, individual guarantees or internationally recognized labor standards are affected, as well as to combat any expressions of racism or xenophobia; and

n) To exercise all other functions entrusted by a Member Country to the Consular office of another Member Country that are not prohibited by the laws and regulations of the recipient country or opposed by that country, or those that are attributed to it by the international agreements in effect between the country of origin of the Andean national and the recipient country.

CHAPTER V
PROCEEDURES

Article 8.- Member Countries should duly inform, by diplomatic channels, the third countries where the Consular cooperation to which this Decision refers shall be exercised about the scope of that cooperation and obtain the express consent of the recipient country beforehand, as stipulated in the Vienna Convention on Consular Relations. 

Article 9.- The operational aspects required to carry out the actions provided for in article 7 of this Decision, as practice demands, shall be regulated through an Andean Community General Secretariat Resolution. 

Article 10.- The provisions of this Decision shall be applicable to career Consulates and to the Consular Sections of the Embassies of the Member Countries and only exceptionally to their honorary Consulates.

Article 11.- The Andean Community General Secretariat, based on the information sent to it by the Member Country Foreign Ministries, shall prepare and keep up to date a list of the Diplomatic and Consular missions of each Member Country in the world and the Consular Districts they cover, to be disseminated among the Member Countries. This list shall be used for reference purposes.

The Offices of Consular Affairs of the Member Countries’ respective Foreign Ministries shall immediately report all changes that are made as to the jurisdiction and opening and closing of their Diplomatic and Consular offices.

The updated lists of Consulates in third countries may be published in the websites of the Member Country Foreign Ministries and of the Andean Community General Secretariat.

Article 12.- This Decision shall enter into effect on January 1, 2004. The Member Countries commit themselves to take the necessary measures to ensure compliance with its provisions.

FINAL PROVISION

Sole.- The Andean Committee of Immigration Authorities (CAAM) shall monitor the implementation of the stipulations of this Decision and, if applicable, shall propose the necessary measures to the Andean Council of Foreign Ministers in order to progressively perfect the Mechanism and extend its sphere of application. 

TEMPORARY PROVISION

Sole.- The General Secretariat shall be given a period of ninety days as of the date of publication of this Decision in the Official Gazette of the Cartagena Agreement in which to draw up a list of the Andean Community Member Country Consular Offices in the world, which should include the respective Consular district of each, based on the information to be sent to it by the Member Country Foreign Ministries.

Signed in the Quirama Recinto, Department of Antioquia, of the Republic of Colombia, on the twenty-fifth of June of two thousand three.