The Governments of the Republics of
Bolivia, Colombia, Ecuador, Peru and
Venezuela;
Convinced of the need to
promote political coordination in social and
labor affairs, which will be fundamental to
the operation of the Andean Common Market and
the Subregional Social Agenda, in accordance
with the directions issued by the Andean
Council of Presidents;
Inspired by the desire to
orient these social and labor affairs in a
framework of coordinated subregional action,
while promoting, at the same time, the active
participation of the Andean entrepreneurial
and labor markets in this effort;
Intent on establishing an
institutional basis that will facilitate
effective contributions to the development of
these social and labor affairs in the context
of the Andean System of Integration;
Recognizing the importance
of the figure of the illustrious humanist
Simón Rodríguez, master of the Libertador
Simón Bolívar, after whom this Convention is
named;
Have resolved to substitute
the text of the Simón Rodríguez Convention as
follows:
CHAPTER I
Definition
Article 1.- The Simón Rodríguez
Convention is the Forum for Debate,
Participation and Coordination regarding
social and labor issues in the Andean
Community, and forms part of the Andean System
of Integration.
CHAPTER II
Objectives
Article 2.- The Simón Rodríguez
Convention has the following objectives:
a. To put forward, and
debate on, proposals on topics linked with the
social and labor environment, which may
signify an effective contribution to the
development of the Subregion's Social Agenda,
contributing to the activity of the other
organs of the Andean System of Integration.
b. To define and coordinate
community policies on promotion of employment,
vocational and labor training, health and
safety in the work place, social security,
labor-related migration; as well as any other
topics that the Member Countries may deem fit;
and
c. To propose and design
activities for cooperation and coordination
among the Member Countries on Andean social
and labor issues.
CHAPTER III
Organs
Article 3.- The Simón Rodríguez
Convention is made up of:
a. The Conference;
b. The Specialized Work Committees; and
c. The Technical Secretariat
Article 4.- The Conference is the
Convention's highest authority and its medium
of expression is the Recommendation adopted by
consensus. This Conference is made up of:
a. The Ministers of Labor of the Member
Countries of the Andean Community, or their
representatives;
b. The Coordinators of the National
Chapters of the Andean Entrepreneurial
Advisory Committee.
c. The Coordinators of the National
Chapters of the Andean Labor Advisory
Committee.
Article 5.- The Conference shall be
chaired by the Minister of Labor of the
country holding the Presidency of the Andean
Presidential Council.
Article 6.- The Conference has the
following functions:
a. To adopt Recommendations conducive to
meeting the objectives indicated in this
Convention;
b. To assess the operation of the
Convention;
c. To study and propose modifications to
the Convention;
d. To approve or modify its own Regulations
and those of the Specialized Labor Committees;
e. To approve the Convention's Annual
Program of activities;
f. To review, and propose on an annual
basis, the budget for the functioning of the
Convention and submit it to the Andean Council
of Foreign Ministers, which will then proceed
to consider and approve it.
g. To set up the Specialized Labor
Committees and assess their reports;
h. To identify the social and labor topics
of the Subregional Social Agenda that could be
dealt with by international cooperation; and
i. To deal with all other affairs referring
to its areas of competence.
The Conference will act by consensus to comply
with the above-mentioned functions.
Article 7.- The
Conference will hold Regular Meetings at least
once and year and Special Meetings whenever
necessary, according to the procedure laid
down in the Conference Regulations. The
Regular and Special Meetings will be convened
by the Technical Secretariat at the request of
the Presidency of the Conference, and they
will meet preferably at the headquarters
office of said Secretariat.
Article 8.- The
Recommendations adopted, and requested, by the
Conference will be incorporated into Andean
Community legislation, and submitted to the
Andean Council of Foreign Ministers, by the
General Secretariat of the Andean Community,
for an assessment of the adoption of the
respective Decisions. The Regulations will
specify the quorum and other requisites to be
observed by the Conference for adoption of the
Recommendations.
Article 9.- The
Specialized Labor Committees will be set up as
decided by the Conference and will provide
advice to the Convention. These will be
tripartite committees, having representatives
designated by the Ministries of Labor and by
the Andean Entrepreneurial and Labor Advisory
Councils, following the procedure set down in
the Regulations of said Committees. Each
Specialized Labor Committee will designate a
Coordinator and hold meetings as and when
indicated by the Conference.
Article 10.- The
Specialized Labor Committees may invite
international organizations and organizations
and institutions of civil society associated
with the topics under analysis, to take part
in their debates without voting power. The
Regulations of the Specialized Committees will
determine the terms and modes of any broader
participation of such institutions.
Article 11.- The
Specialized Labor Committees have the
following functions:
a. To prepare the documents and reports
requested by the Conference;
b. To conduct their work meetings following
the procedure set down in their Regulations;
c. To submit reports periodically to the
Conference on the progress of their activities;
and
d. To perform any other activities and studies
that the Conference may assign to them.
Article 12.- The Technical Secretariat
is the organ for coordination and support to
the Simón Rodríguez Convention. Its functions
are:
a. To support the Conference in drawing up
the proposals for Recommendations conducive to
meeting the objectives indicated in this
Convention;
b. To support the Conference in assessing
the operation of the Convention;
c. To attend to the matters assigned to it
by the Conference and the Specialized Labor
Committees, maintaining, for that purpose,
permanent links with the Ministries of Labor
and the Andean Entrepreneurial and Labor
Advisory Councils;
d. To propose to the Conference the
necessary measures for adequate compliance
with the objectives of this Convention;
e. To draw up the draft budget, the annual
program of activities of the Convention and
the report of its execution, to submit to the
consideration of the Conference;
f. To maintain a working relationship with
international, regional, and subregional
institutions, non-governmental organizations,
and other countries, in order to enhance the
relationships, cooperation and technical
assistance;
g. To draw up, in coordination with the
Conference and with the Specialized Labor
Committees, the tentative agenda for their
meetings and keep the corresponding minutes;
and,
h. Any other functions assigned to them by
the Conference.
Final Provisions
Article 13.- Each
Member Country will ratify this Protocol of
Substitution of the Simón Rodríguez Convention,
as prescribed in its laws. The Protocol will
come into force once all the Member Countries
have made the deposit of the instrument of
ratification.
The instruments of
ratification will be deposited before the
General Secretariat of the Andean Community,
which will communicate the date of each
deposit to the Governments of the Member
Countries.
Article 14.- The
Simón Rodríguez Convention, as a part of the
Andean System of Integration, will remain in
force indefinitely, and may not be terminated
independently from the Cartagena Agreement. In
the event of notice of termination, the Member
Country involved must discharge any economic
obligations it entered into that may be
pending payment by said country in respect of
the Convention.
Article 15.- This
Protocol of Substitution of the Simón
Rodríguez Convention may not be subscribed or
ratified with reservations.
Article 16.- Once it
comes into force, this Protocol of
Substitution of the Simón Rodríguez Convention
will be open to the adherence of any other
country that may acquire the status of
Associated Member Country of the Andean
Community, bearing in mind the procedures duly
indicated by the Andean Council of Foreign
Ministers and the Commission of the Andean
Community.
Article 17.- The
text of the Simón Rodríguez Convention signed
in 1973, and the text of its Protocol signed
in 1976, are hereby substituted by the
Protocol of Substitution.
Temporary Provisions
First: The General
Secretariat of the Andean Community will
assume the functions of the Technical
Secretariat of the Simón Rodríguez Convention.
The Conference may submit to the consideration
of the Andean Council of Foreign Ministers the
suitability of establishing the permanent
headquarters of the Convention in Quito,
Ecuador.
While the terms of the
preceding paragraph are maintained, The
General Secretariat of the Andean Community
will administer the Convention's resources. In
this regard, the Chairman of the Conference
will draw up an annual report on the
Convention's budget execution, for submission
to the Andean Council of Foreign Ministers.
The General Secretariat of the Andean
Community will report to the Conference, at
each of its meetings, on the use of the
Convention's resources.
Second: The General Secretariat of
the Andean Community will submit draft
Regulations of the Conference and of the
Specialized Labor Committees at the first
meeting held by the Conference, for its
consideration.
In witness whereof, their Full Powers
having been found sufficient and in good and
proper form, the respective Ministers of
Foreign Affairs sign the present instrument.
Signed in the city of Valencia, República
Bolivariana de Venezuela, on the twenty-fourth
day of June, in the year two thousand and one.
For the Government of Bolivia
Javier Murillo de la Rocha
For the Government of Colombia
Guillermo Fernández de Soto
For the Government of Ecuador
Heinz Moeller Freile
For the Government of Peru
Javier Pérez de Cuéllar
For the Government of Venezuela
Luis Alfonso Dávila García
