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Chapter 20:04 - Iwokrama International Centre for Rain Forest Conservation and Development

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L.R.O. 1/2012
LAWS OF GUYANA
IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST
CONSERVATION AND DEVELOPMENT ACT
CHAPTER 20:04
Act
7 of 1995

6

(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 41 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.





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CHAPTER 20:04
IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST
CONSERVATION AND DEVELOPMENT ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Centre is body corporate.
4. Programme Site.
5. Control of programme Site.
6. Protection of Amerindian rights.
7. Demarcation of Programme Site into areas.
8. Management of area demarcated for Wilderness Preserve.
9. Management of area demarcated for the Sustainable Utilisation of the
Multiple Resources of the Tropical Rain Forest.
10. Statute of limitation.
11. Preservation of secrecy.
12. Discussions.
13. Regulations, amendment of the Second Schedule.
FIRST SCHEDULE—Programme Site
SECOND SCHEDULE—Agreement dated 9th day of November, 1995
between the Government of the Co-operative Republic of Guyana and the
Commonwealth Secretariat for the establishment of the Iwokrama
International Centre for Rain Forest Conservation and Development
Programme.
__________________

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7 of 1995.
An Act to provide for the sustainable management and
utilisation of approximately 360,000 hectares of
Guyana’s Tropical Rain Forest dedicated by the
Government of Guyana as the Programme Site for the
purposes of research by the Iwokrama International
Centre to develop, demonstrate and make available to
Guyana and the international community systems,
methods and techniques for the sustainable
management and utilisation of the multiple resources of
the Tropical Forest and the conservation of biological
diversity; and for matters incidental thereto.
[7TH MAY, 1996]
Short title.
Interpretation.
Second
Schedule.
Centre for Rain Forest Conservation and Development Act.
2. In this Act—
“Agreement” means the Agreement between the Government
of the Co-operative Republic of Guyana and the
Commonwealth Secretariat for the establishment of the
Iwokrama International Centre for Rain Forest
Conservation and Development, set out in the Second
Schedule dated 9th day of November, 1995;
“Biological diversity” means the variety and variability among all
living organisms found in the rain forest and the
ecosystems and ecological processes of which they are
part;
“Board” means the Board of Trustees of the Iwokrama
International Centre established under Article 11 of the
CHAPTER 20:04
IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST
CONSERVATION AND DEVELOPMENT ACT
1. This Act may be cited as the Iwokrama International
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Centre is body
corporate.

Agreement;
“Centre’’ means the Iwokrama International Centre referred
to in Article 23 of the Agreement and declared a corporate
body under section 3;
“Minister” means the Minister charged with the responsibility
of administering this Act;
“Programme” means the Iwokrama International Rain
Forest Conservation and Development Programme;
“Programme Site” means the area of State Land
demarcated and dedicated under section 4 to be the
Programme Site for the Programme;
“sustainable utilisation” means the use of the multiple
resources of the tropical rain forest so that they may yield
the greatest benefits to present generations while
maintaining their potential to meet the needs and
aspirations of future generations;
“Wilderness Preserve” means the area of the Programme
Site demarcated and allocated under section 7(1) (a)
for the establishment and maintenance of the Rain
Forest Wilderness Preserve for conserving nature and
maintaining natural processes in an undisturbed state in
order to have ecologically representative examples of the
natural environment available for scientific study,
environmental monitoring and education, and for the
maintenance of genetic resources in a dynamic and
evolutionary state.
3. (1) The reference in Article 23 of the Agreement
shall be construed as meaning that the Centre is a body
corporate.

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Programme
Site.
First Schedule.
Control of
Programme
Site.
(2) Articles 23 to 30 (inclusive) of the Agreement shall
have the force of law in Guyana.
4. (1) The area of State Land, as described and
demarcated in the First Schedule and shown on the map
(included herein for illustrative purposes only) thereto,
representing approximately three hundred and sixty thousand
hectares of Guyana’s tropical rain forest is hereby dedicated
to the international community by Guyana for the Programme to
be executed in accordance with this Act and the Agreement.
(2) The Programme Site shall be fully available at all
times to the Centre for the pursuit of its activities under this Act
and the Agreement.
5. (1) Subject to the provisions of this Act, the Programme
Site, with the exception of such areas as may be needed for the
corridor for the Surama-Kurupukari stretch of the Lethem-
Mabura Hill road passing through the Programme Site, shall
be under the control of the Centre whose authority over the
Programme Site shall, in so far as it relates to the Programme
and the functions of the Centre, be deferred to by any other
person or authority notwithstanding any other written law:
Provided that the Centre shall not be responsible
for the management or control of such areas of the
Programme Site as the Government may, after consultation
with the Centre, determine to be required for the corridor for
the Surama-Kurupukari stretch of the Lethem-Mabura Hill
road passing through the Programme Site.
(2) Subject to section 6(1), and notwithstanding
anything in any other written law—
(a) no mining, forestry or other
resources utilisation activity shall be
carried out on the Programme Site by
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Protection of
Amerindian
rights.
Demarcation
of Programme
Site into areas.
any person other than the Centre,
except with the prior written
permission of the Centre; and
(b) no lease of land or permission to use
land in the Programme Site shall be
issued by any person other than the
Centre, and all activities on the
Programme Site shall be in accordance
with regulations prescribed therefor
under this Act.
(3) Any person who contravenes the provisions of
subsection (2) shall be liable on summary conviction to a fine of
one hundred thousand dollars or to imprisonment for a
period of one year, and where the offence is of a continuing
nature, to a further fine not exceeding twenty- five thousand
dollars for each day during which the offence continues after
conviction.
6. (1) Nothing in this Act shall be construed to
prejudice, alter or affect any right or privilege heretofore legally
or traditionally possessed, exercised or enjoyed by any
Amerindian who has a particular connection with any area
of land within or neighbouring the Programme Site.
(2) To ensure adequate consultation with, and
involvement of, the Amerindian community in the activities of
the Programme, a process of dialogue and interchange of views
with the said community shall be embarked upon by the
Centre.
7. (1) The Centre shall demarcate and allocate
portions of the Programme Site into the following areas and
shall by notice publish such demarcation in the Gazette—
(a) areas for the establishment and
maintenance of the Rain Forest
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Management
of area
demarcated
for Forest
Wilderness
Preserve.
Management
of area
demarcated
for the
sustainable
utilisation of
the multiple
resources of
Wilderness Preserve;
(b) areas for the sustainable utilisation of
the multiple resources of the tropical
rain forest.
(2) The Minister shall, after consultation with the
Centre, demarcate such area of the Programme Site as may be
required for the purposes of the corridor for the Surama-
Kurupukari stretch of the Lethem-Mabura Hill road, passing
through the Programme Site and the Centre shall allocate such
area for the purpose; the Minister shall by notice publish such
demarcation in the Gazette.
(3) Approximately fifty per cent of the Programme
Site shall be demarcated and allocated for the areas for the
sustainable utilisation of the multiple resources of the tropical
rain forest.
8. The areas demarcated and allocated for the
Wilderness Preserve shall be managed in accordance with the
rules made by the Centre, and the Centre, in consultation with
the Minister, shall be responsible for the protection and
integrity of the areas.
9. (1) The areas demarcated and allocated for the
sustainable utilisation of the multiple resources of the tropical
rain forest shall be managed by the Centre.
(2) The Centre may grant permission for the
sustainable utilisation of the multiple resources of the tropical
rain forest.
(3) No project for the utilisation of the resources of
the areas demarcated for the sustainable utilisation of the
multiple resources of the tropical rain forest shall be allowed
. utilisation of the resources within the areas demarcated for the
the tropical
rain forest.
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Statute of
limitation.
Preservation
of secrecy.

Discussions.
Regulations,
amendment
of the Second
Schedule.
without there being a regime for its sustainable management,
agreed with the Centre and established as a compulsory
condition for its implementation.
(4) Projects undertaken within the areas demarcated
and allocated for the sustainable utilisation of the multiple
resources of the tropical rain forest shall apply the research
results and recommendations of the Centre and the Centre
shall supervise the application of such recommendations to
ensure that the resources of the areas are utilised on a
sustainable basis.
10. No statute of limitation shall apply to any action or
suit brought by the Centre or in respect of any property owned
by the Centre.
11. Except for the purpose of the exercise of his
functions or when lawfully required to do so by any court or
under the provisions of any written law it shall be an offence
for which the Minister may prescribe penalties for an officer or
employee of the Centre to disclose any information which he
has acquired in the course of the exercise of his functions.
12. The Centre shall hold discussions with the
Government as may be necessary in relation to the
activities of the Centre and the Government may at any
time when the Board is meeting request the Board to meet a
representative of the Government, other than a trustee of the
Board, for discussions on matters relating to the Centre.
13. (1) The Centre may, with the approval of the
Government, make regulations for carrying out the purpose of
this Act, including regulations prescribing the fees, levies or
other charges for the utilisation of the resources of the
Programme Site and the procedure to be followed by the
Centre or any of its units at meetings.
(2) The Minister may by order, which shall be subject
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Second
Schedule.
s. 4(1)
to negative resolution of the National Assembly, amend any
penalty prescribed by this Act.
(3) Where the Agreement is amended under Article
31 of the Agreement, the Minister may, by order, amend the
Second Schedule for the purpose of including therein the said
amendment.
FIRST SCHEDULE
The tract of State land commences at the mouth and
on the right bank of the Siparuni River, left bank Essequibo
River, and its boundaries extend thence up the right bank
Siparuni River to the mouth of the Takutu River, thence up the
right bank Takutu River to the mouth of an unnamed creek situate
at latitude 4 ° 25'54” N, longitude 59° 16'00" W (approx) thence
up the right bank of the said unnamed creek to its source, thence
due East (approx) for 2.5 kilometres (approx) to the left bank
of an unnamed creek, thence down the left bank of the said
unnamed creek to the left bank Sipariparu River, thence down
the left bank Sipariparu River to the left bank Burro Burro River,
thence across and up the right bank Burro Burro River to the
mouth of Surama River, thence up the right bank Surama
River to the Surama Lake, thence along the mean high water
mark line on the northern shore of the Surama Lake to the
mouth of the Manicole Creek, thence up the right bank Manicole
Creek for about 4.4 kilometres, to a point opposite the mouth of
an unnamed creek, thence up the right bank of the said
unnamed creek to its source, thence due East for about 2.0
kilometres to the left bank Maushiparu River, thence down the
left bank Maushiparu River, to a point opposite the mouth of an
unnamed river situate at latitude 4° 14'40" N. Longitude 58°
55'16" W. (approx), thence up the right bank of the said
unnamed river, circling the southern foothills of the Iwokrama
Mountains, to a point near its source at latitude 4 ° 10'57" N.
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longitude 58° 42'13" W (approx), thence in a South South
Easterly direction (approx), along the winding track shown on
topographic sheet No. 56 SE of the Lands and Surveys
Department, for about 4.4 kilometres to a point situate at
latitude 4° 08'45" N. longitude 58° 41'13 “W (approx) on the left
bank and near the source of an unnamed creek, thence down the
left-bank of the said unnamed creek to the left bank Ladysmith
River, thence down the left bank Ladysmith River to the left
bank Essequibo River, thence down the left bank Essequibo
River to the point of commencement, at the mouth and on the
right bank of Siparuni River.

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s. 4(1)
MAP TO FIRST SCHEDULE s. 4(1)
MAP OF IWOKRAMA
IWOKRAMA PROGRAMME SITE
SCA L E
i I
kMl 1 0 0 1 0 2 0 3 0 0 0 5 0 km

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ss. 2,13

SECOND SCHEDULE

AGREEMENT
between
THE GOVERNMENT OF THE
CO-OPERATIVE REPUBLIC OF GUYANA
and
THE COMMONWEALTH SECRETARIAT
for the establishment of the
IWOKRAMA INTERNATIONAL CENTRE FOR RAIN
FOREST CONSERVATION
AND DEVELOPMENT
AGREEMENT
between
THE GOVERNMENT OF GUYANA
and
THE COMMONWEALTH SECRETARIAT
for the establishment of the
IWOKRAMA INTERNATIONAL CENTRE FOR RAIN
FOREST CONSERVATION AND DEVELOPMENT

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PREAMBLE
CHAPTER I
THE INTERNATIONAL CENTRE Iwokrama International Centre,
Iwokrama International Rain Forest Programrne Article 1
The Nature and Objectives of the Programme Article 2
Interpretation Article 3
Location of Headquarters, Campus,
Laboratories, etc Article 4
Core Programmes of the Iwokrama
International Centre Article 5
Main Activities and Functions of the
Iwokrama International Centre Article 6
Co-operation Arrangements Article 7
Rights in Discoveries, Inventions
and Improvements Article 8
Report on Activities Article 9
Office and Seal of the Iwokrama
International Centre Article 10
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CHAPTER II
THE BOARD OF TRUSTEES
Establishment of Board of Trustees Article 11
Powers of the Board of Trustees Article 12
Establishment of Communications
and Information Unit Article 13
Establishment of Standing Committees Article 14
Power to Delegate Article 15
Director-General and Staff Article 16
Meetings of the Board Article 17

CHAPTER III
SUPPORT FOR IWOKRAMA INTERNATIONAL CENTRE
Donor Support Group, Consortium of
Collaborating Institutions, Advisory
Panel on Sustainable Human Development Article 18
Application of Funds Article 19
Accounts and Audit Article 20
CHAPTER IV
TERMINATION OF OPERATIONS
Termination of Operations Article 21

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CHAPTER V
STATUS, IMMUNITIES, EXEMPTIONS AND PRIVILEGES
Status of the Iwokrama International Centre Article 22
Legal Status Article 23
Immunities and Privileges of the Centre Article 24
Contracts entered into by the Centre Article 25
Freedom of Property from Restriction Article 26
Immunity of Archives Article 27
Privileges of Communications Article 28
Immunities and Privileges of Officers and
Employees Article 29
Immunities from Taxation Article 30
CHAPTER VI
AMENDMENTS, ARBITRATION
Amendments Article 31
Arbitration Article 32
CHAPTER VII
FINAL PROVISIONS
Entry into Force Article 33
Inagural Meeting Article 34
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PREAMBLE
WHEREAS the President of Guyana, at the Commonwealth
Heads of Government Meeting at Kuala Lumpur in 1989,
offered to make available a part of Guyana’s tropical rain
forest (since determined to be 360,000 hectares) for use by
the international community, under Commonwealth
auspices, for developing and demonstrating methods for
the sustainable utilisation of tropical rain forest resources
and the conservation of biological diversity;
NOW THEREFORE, the Contracting Parties, being the
Government of Guyana and the Commonwealth
Secretariat;
REAFFIRIMING the agreements of the United National
Conference on Environment and Development adopted
in Brazil in June 1992;
CONSCIOUS of the need for the Iwokrama International
Centre to enable national and international linkages in
developing, managing and promoting the sustainable
management of tropical rain forests and to facilitate
international co-operation in forest research, training
and communication activities;
AWARE that the subject of forests is related to the entire
range of environmental and development issues and
opportunities, including the right the socio-economic
development on a sustainable basis;
ACKNOWLEDGING that there is rich biological and cultural
diversity in tropical rain forests which can be sustainably
managed to meet the social, economic, ecological,
cultural and spiritual human needs of present and future
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generations;
RECOGNISING the identity, culture and the right of
indigenous people, their communities and other
communities and forest dwellers;
Have Agreed as follows:
CHAPTER I
THE INTERNATIONAL CENTRE
Article I
Iwokrama International Centre, Iwokrama International
Rain Forest Programme
The Iwokrama International Centre for Rain Forest
Conservation and Development shall implement the
Iwokrama Rain Forest Programme by undertaking research,
training and the development of technologies which will
promote the conservation and the sustainable and equitable
use of tropical rain forests in a manner that will lead to lasting
ecological, economic and social benefits to the people of
Guyana and to the world in general.
Article 2
The Nature and Objectives of the Programme
The Programme shall be a collaborative effort of
Guyana and the international community. Its principal
objectives shall be to conserve biological diversity and promote
sustainable management and utilisation of the Programme Site;
and to study, develop and demonstrate methods and
techniques for the conservation and equitable and
sustainable utilisation of tropical rain forests that will bring
lasting ecological, economic and social benefits to the people of
Guyana and contribute to the world’s knowledge of critical
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aspects of rain forest management and development.
Article 3
Interpretation
In this Agreement—
“Act” means the Iwokrama International Centre for Rain
Forest Conservation and Development Programme Act
1996.
“Biological Diversity”, “Programmer Site”, “Sustainable
Utilisation” and “Wilderness Preserve” have the meanings
assigned to them by section 2 of the Act;
“Board” means the Board of Trustees, established under
Article 11, being an organ of the Centre, which is declared
a body corporate under section 3(1) of the Act.
Article 4
Location of Headquarters, Campus, Laboratories, etc.
The headquarters and campus of the Centre with its
associated laboratories, and other research, training,
communications and related facilities, shall be located at
Turkeyen, Greater Georgetown, in an area of land belonging to
the University of Guyana, as agreed between the Government
of Guyana and the University of Guyana, which land shall be
demarcated and made available by the University for the use of
the Centre.
Article 5
Core Programmes of the Iwokrama International Centre
The Centre shall have major core programmes for its
research and training activities which shall include—
(a) sustainable management of the tropical rain
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forest;
(b) conservation and utilisation of biodiversity;
(c) forestry research;
(d) sustainable human development; and
(e) information and communication.
Article 6
Main Activities and Functions of the Iwokrama
International Centre
1. The activities of the Centre are to—
(a) identify needs for planning and carrying out
research, developing and making available
methods and systems for the sustainable
management and utilisation of the
multiple resources of tropical forests and
the conservation of biological diversity;
(b) demonstrate that tropical rain forests can
maintain biological diversity while
supporting economic activity;
(c) determine research priorities and enable
scientists and scholars to conduct research;
(d) make necessary organisational and
institutional arrangements for carrying out
research programmes and projects;
(e) conduct training in sustainable tropical
forestry management, utilisation and the
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conservation of biological diversity;
(f) elaborate any proposals for action including
specific projects for external financing;
(g) identify and contact potential external
sources of funding for the execution of the
activities of the Centre;
(h) promote effective links between research
organisations, extension services and the
scientific community;
information systems in order to speed up
exchange of information on research, and
training opportunities at international,
national and regional institutions;
(j) organise and support symposia and
seminars for the interchange and
dissemination of ideas and information
related to the management of the rain forest;
(k) endeavour to preserve and maintain
knowledge, innovations and practices of
indigenous communities embodying
traditional lifestyles relevant for the
conservation and sustainable utilisation of
biological diversity and promote their wider
application with the involvement of the
holders of such knowledge, innovations and
practices; and encourage the equitable
sharing of the benefits arising from the
utilisation of such knowledge, innovations
and practices;
(1) establish linkages with relevant individuals,
(i) establish and strengthen links to existing
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groups and organisations in Guyana and
elsewhere for the exchange of information
and ideas on matters relating to the work of
the Centre; and
(m) do all acts and things as may be found
necessary, expedient, suitable or proper for
the furtherance, accomplishment or
attainment of any of the purposes and
activities herein stated, or which shall appear,
at any time, as conducive to or necessary and
useful for the purposes and activities of the
Centre.
2. The functions of the Centre are to—
(a) undertake inventories and surveys of the
Programme Site, prepare plans for, approve
and undertake any works necessary for
the development, protection and efficient
management of the areas in the Programme
Site, the Field Stations for the Centre and
the corridor for the Surama- Kurupukari
road which passes through the Programme
Site;
(b) act as the principal agency or as co-
ordinating agency for facilitating the
undertaking of approved research
programmes;
(c) initiate and support the implementation of
projects relating to the commercial utilisation
of the Programme Site;
(d) implement proper accounting procedures
relating to all matters over which the Board
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has control, including the preparation of
short and long term budgets;
(e) seek such other assistance as may be
necessary for the purpose of securing the
attainment of the objectives of the
Programme;
(f) adopt such measures as are practical and
consistent with the purpose for which the
Programme is established;
(g) engage in such other activities and perform
such other functions as in the opinion of
the Board are calculated to facilitate the
proper discharge of its functions or are
incidental thereto.
Article 7
Co-operation Arrangements
1. The Centre shall encourage and facilitate the fullest
co-operation in its activities by the international community in
such a manner as may further its purposes or advance the
objectives of the Programme, and shall take such measures
as it may deem appropriate under the provisions of the Act
or this Agreement to promote such co-operation.
2. The Centre may enter into such co-operative,
collaborative and consultative arrangements with appropriate
authorities in Guyana and outside Guyana for the
development, management, protection and utilisation of the
multiple resources of the Programme Site as may be necessary
to achieve the objectives of the Programme.
3. The Centre may also enter into such joint research
and other arrangements with relevant research or other
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organisations, entities, agencies or foundations or with
private or public sector industry in Guyana and outside
Guyana as may advance its purposes or benefit the Programme.
Article 8
Rights in Discoveries, Inventions and Improvements
1. The right in all discoveries and inventions and all
improvements in respect of processes, apparatuses and
machines made by an officer of the Centre or by any other
person through the use of the Programme Site or the facilities of
the Centre shall vest in and be the property of the Centre and
shall be made available for use in the international
community subject to such terms and conditions including the
payment of such fees or royalties as the Centre may
determine:
Provided that the Government of Guyana shall have
access to such discoveries, inventions and improvements in
respect of processes, apparatuses and machines free of charge.
2. The Centre may, out of the funds of the Centre, pay
to an officer of the Iwokrama International Centre who has
made any discovery, invention or improvement referred to in
paragraph 1 such reward or make such provision for the
officer to benefit financially from that discovery, invention or
improvement, as the Centre may determine.
3. The Centre shall develop and adopt procedures for
recognising and rewarding the contributions of Amerindian
and other rural communities in the conservation and
improvement of genetic resources of economically useful plant
and animal species. The Centre shall also take steps to protect,
recognise and reward the intellectual knowledge and
contributions of indigenous communities in the field of
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sustainable forest management through an appropriate
intellectual property rights system.
4. The Centre may apply for letters patent in
respect of any invention made by any officer of the Centre and
shall, for the purpose of the Patents and Designs Act Cap. 90:03,
of the Laws of Guyana, be deemed the inventor.
Article 9
Report on Activities
The Centre shall, for submission on request of, or for the
inspection of a member of the Donor Support Group or other
donors, within three months after the end of each financial year,
prepare a full explicit report of its activities throughout the
preceding year and attach thereto a statement of accounts of
the Centre audited in accordance with Article 20.
Article 10
Office and Seal of the Iwokrama International Centre
1. The principal office of the Centre shall be located at
its premises at Turkeyen, Greater Georgetown, Demerara,
Guyana.
2. The Centre shall have an official seal approved by
the Board.
3. The custody of the seal shall vest with the Board and
the seal shall only be used by the authority of the Board and any
instrument to which the seal is affixed shall be signed by the
Secretary to the Board and countersigned by a trustee.
c. 90:03.
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2. Trustees of the Board shall be appointed for three
Board.
vote, and shall serve as the Secretary to the
be an ex officio trustee without the right to
Board in accordance with Article 16, shall
(e) the Director- General, to be appointed by the
communications;
environmental matters, economics and
raising capability, expertise in
representation, industrial expertise, fund
expertise, gender, geographical
Group and criteria such as professional
recommendations from the Donor Support
Secretary-General, on the basis of
President of Guyana and the Commonwealth
(d) eight other trustees, appointed jointly by the
Commonwealth Secretary-General; and
(c) two trustees appointed by the
an Amerindian;
in an ex officio capacity, of whom one shall be
Guyana, at least three of whom shall serve
(b) four trustees appointed by the Government of
Commonwealth Secretary-General;
President of Guyana and the
(a) a Chairman who shall be appointed by the
1. The Board of Trustees shall comprise—
Establishment of Board of Trustees
Article 11
THE BOARD OF TRUSTEES
CHAPTER II
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years and shall be eligible for re-appointment for another term
of three years only:
Provided that on the first appointment of Trustees of
the Board, in an effort to ensure continuity of Board policies and
operations, one of the trustees appointed under paragraph l(b)
other than the three ex officio trustees, and four of the trustees
appointed under paragraph l(d), shall be appointed for a period
of eighteen months and shall not be eligible for re-appointment
until eighteen months have lapsed from the date on which
they ceased being trustees.
3. The remuneration and travel expenses payable to
the Chairman and other voting members of the Board of
Trustees for their attendance at Board meetings and any other
work undertaken by them for the purposes of the Programme
or the International Centre shall, in the light of relevant
international practice, be determined by the Board.
Article 12
Powers of the Board of Trustees
All the powers of the Centre shall be vested in the
Board and the Board shall be responsible for the supervision of
the general operations and governance of the Centre. The
powers of the Board shall include the power—
(a) to decide the policies and priorities of the
work of the Centre;
(b) to approve the programmes and operational
plans of the Centre;
(c) to approve all contractual programmes or
agreements entered into by the Centre;
(d) to establish policies and principles for the
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guidance of the Director General in the
appointment of the staff;
(e) to select and appoint the Director- General
who shall be the Secretary to the Board under
terms as deemed necessary and appropriate;
(f) to scrutinise, revise and approve the budget
estimates for the Centre;
(g) to approve annual reports and audited
accounts;
(h) to appoint auditors and independent review
committees;
(i) to invite consultants or observers to attend
the Board meetings as deemed necessary;
(j) to determine the policy for the conditions of
service and remuneration of staff;
(k) to approve financial procedures;
(1) to approve other rules of procedure for the
Centre as it deems to be necessary;
(m) to receive, acquire or otherwise obtain from
any governmental authority national or local,
foreign or domestic, or from any corporation,
company, association, person, firm,
foundation, or other entity whether
international, national or regional such
charters, licences, rights and assistance,
financial or otherwise, as are conducive to
and necessary for the attainment of the
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purposes of the Centre;
(n) to receive, acquire or otherwise obtain
from any governmental authority, national or
local, foreign or domestic, or from any
corporation, company, association, person,
firm, foundation or other entity whether
international, national or regional such
donation, grant, devise, bequest, or lease,
either absolutely or in trust, contributions
consisting of such properties, movable or
immovable, including funds and valuable
effects or things, as may be useful or
necessary to carry out the purposes and
activities of the Centre, and to hold, operate,
administer, use, sell, convey or dispose of
the said properties or valuable things;
(o) to borrow money to such extent as may be
authorised by the Board; and
(p) to do such other acts or things as are
conducive to or necessary in the furtherance
of its specified powers.
Article 13
Establishment of Communications and Information Unit
There shall be established, as a unit of the
Centre, a Communications and Information Unit for the
purpose of providing access to, and disseminating
information, relevant to the work of the Centre.
Article 14
Establishment of Standing Committees
The Board may establish and determine the
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functions of an Executive and Finance Committee, a
Programme Committee, an Audit Committee, a Nominating
Committee and such other Committees as the Board may deem
necessary for the efficient discharge of its functions.
Article 15
Power to Delegate
Subject to this Agreement, the Board may delegate to
any Standing Committee, or any trustee of the Board, or to the
Director General, the power and authority to carry out on its
behalf such of its functions as the Board may determine.
Article 16
Director-General and Staff
1. The Board of Trustees, by a majority of all voting
members of the Board, shall appoint a Director-General of
the Programme and the Centre and decide his term of office.
2. The Director-General shall normally be appointed
for a term of five years and may be re-appointed for a second
term to be determined by the Board. His appointment may
be terminated for cause by a majority of all voting members
of the Board.
3. The Director- General shall be the chief executive
officer of the Centre, and shall be responsible to the Board for
its operation and management and for ensuring that its
programmes are properly developed and carried out and its
objectives attained.
4. The Director-General shall implement the policies of
the Board, follow the guidelines laid down by the Board for the
functioning of the Centre and carry out the directions of the
Board.

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5. The Director-General shall—
(a) develop and submit to the Board plans and
schemes for the implementation of the
research programmes and operational
activities;
(b) recruit and appoint, subject to the
approval of the Board, a highly qualified
multi-disciplinary staff which shall be under
his/her supervision;
(c) prepare the annual report referred to in
Article 9 on the work of the Centre;
(d) prepare the annual budget of the
Programme and the Centre for submission
to the Board;
(e) keep and have available for review by the
Board and other appropriate parties financial
accounts and other records on a current basis;
(f) have done annually in accordance with
Article 20 an independent audit of the
financial records;
(g) perform such other functions as are
entrusted to him/her by the Board.
6. The Director-General shall be the legal
representative of the Centre, shall sign all deeds, contracts,
agreements and other legal documents necessary for the
operation of the Centre and may delegate such of his/her
functions and to such extent as the Board may authorise.
7. The employment and selection of staff shall be
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based on professional competence bearing in mind the
international character of the Centre, the paramount
consideration in such employment and in the determination of
conditions of service being the necessity of securing the highest
standards of quality, efficiency and integrity.
Article 17
Meetings of the Board
1. The Board shall meet at such times as may be
necessary or expedient for the transaction of business, and
meetings of the Board shall be held at least twice in every year
and at such places (including any place outside Guyana) and
times and on such days as the Board may determine.
2. The Chairman may at any time call a special meeting
of the Board within fifteen days of a requisition for that purpose
addressed to him/her in writing by any four members.
3. Eight trustees of the Board shall form a
quorum for the transaction of business at a meeting.
4. The Board shall elect a Vice-Chairman from its
membership.
5. At a meeting of the Board the Chairman shall
preside, or in his/ her absence, the Vice-Chairman shall preside
and in the absence of the Chairman and the Vice-Chairman the
trustees present may appoint one of their members to act as
Chairman for the meeting.
6. In voting at meetings of the Board, each trustee
shall, subject to paragraph l(e) of Article 11, be entitled to one
vote. All decisions of the Board shall be by a simple majority of
the number of trustees present and voting. However, in matters
relating to the utilisation of resources of the Programme Site,
decisions of the Board shall require the concurrence of the
trustees appointed by the Government of Guyana.
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7. Minutes in proper form of each meeting shall be
recorded by the Secretary to the Board and shall be
confirmed by the Board at a subsequent meeting.
8. The Board shall settle its own rules of procedure.
CHAPTER III
SUPPORT FOR IWOKRAMA INTERNATIONAL CENTRE
Article 18
Donor Support Group, Consortium of Collaborating
Institutions, Advisory Panel on Sustainable Human
Development
1. The Centre shall organise a Donor Support Group, a
Consortium of Collaborating Institutions, and an Advisory
Panel on Sustainable Human Development.
2. The Donor Support Group shall consist, inter alia,
of representatives of bilateral and multilateral agencies,
foundations, and private and public sector companies interested
in providing resources for the core and other activities of the
Centre and the Board shall, by virtue of its powers under
Article 12, receive and acknowledge receipt of any such
support.
3. The Consortium of Collaborating Institutions shall
consist of Universities, technical, scientific and other research
institutions interested in entering into partnerships with the
Centre.
4. The Advisory Panel on Sustainable Human
Development shall tender advice on issues relating to
Amerindian welfare, environment, equity, employment, and
advancement of women, as related to the work of the Centre.
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The members of the Panel shall include media experts,
environmentalists, social scientists, human anthropologists,
ecologists and representatives of women’s and Amerindian
organisations.
Article 19
Application of Funds
The expenses of the Centre, including the
remuneration of the Director-General and other officers and
employees, shall be paid out of the funds and resources of the
Centre.
Article 20
Accounts and Audit
1. The financial year of the Centre shall end on the
thirty-first day of December.
2. The Centre shall keep proper accounts and other
records in respect of its operations and the accounts shall be
audited annually by an auditor appointed by the Board.
3. The Centre shall be responsible for settling any debt,
liabilities or obligations from its assets.
4. The Board and its officers and employees shall
grant to the auditor appointed under paragraph 2 access to
all books, documents, cash and securities of the Centre and
shall give him/her on request all such information as may be
within their knowledge in relation to the operation of the
Centre.
5. The Board shall prepare for submission to the
Government of Guyana and the Commonwealth Secretariat
and for inspection of a member of the Donor Support
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Group or other donors, within three months after the end of
each year, a report of its activities throughout the preceding
year and attach thereto a copy of the report of the audit
undertaken under this article.
6. The Government of Guyana and the Commonwealth
Secretariat after considering the report submitted under
paragraph 5 may tender advice to the Board, which the Board,
notwithstanding anything in this Agreement, shall take due
cognisance of.
7. Where the accounts and other records indicate that
the Centre has become self-financing through discoveries,
inventions, improvements or the utilisation of the natural
resources of the Programme Site, the net revenue shall be
divided between the Government of Guyana and the Centre
equally.
CHAPTER IV
TERMINATION OF OPERATIONS
Article 21
Termination of Operations
1. Subject to the approval of the President of Guyana
and the Commonwealth Secretary-General, the Board may by
resolution adopted by a vote of not less than two-thirds of the
trustees terminate this Agreement and the operations of the
Centre. Assets remaining thereafter, including the Programme
Site, shall thereafter vest with the Government of Guyana.
2. After such termination, the Centre shall cease all
activities, except those incident to the orderly realisation,
conservation and preservation of its assets and settlement of
its obligations.

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CHAPTER V
STATUS, IMMUNITIES, EXEMPTIONS AND PRIVILEGES
Article 22
Status of the Iwokrama International Centre
To enable the Centre effectively to fulfill its purposes and
discharge its functions the status, immunities, exemptions and
privileges set out in this Chapter shall be accorded the Centre in
Guyana.
Article 23
Legal Status
The Centre shall have the legal capacity of a body
corporate and in particular the capacity to enter into contracts
and to acquire and dispose of movable and immovable
property except the Programme Site.
Article 24
Immunities and Privileges of the Centre
The Centre shall have immunity from suit and
legal process except—
(a) in respect of a civil action for damage alleged
to have been caused by a motor vehicle
belonging to or operated on behalf of the
Centre or in respect of a motor traffic
offence involving such a vehicle; and
(b) in respect of arbitration proceedings
relating to any contract entered into by or
on behalf of the Centre which relates to the
business or commercial activity of the
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Centre.
Article 25
Contracts entered into by the Centre
Every contract entered into by or on behalf of the
Centre which relates to the business or commercial activity of
the Centre, if it does not contain an express provision for the
reference of any dispute in connection with the contract to
arbitration, shall be deemed to contain a provision that any
such dispute shall accordingly be treated as an arbitration
agreement for the purposes of the Arbitration Act, of the
Laws of Guyana.
Article 26
Freedom of Property from Restriction
1. Subject to paragraphs (2) and (3), the property and
assets of the Centre wheresoever located and by whomsoever
held shall be immune from search, requisition, confiscation,
expropriation and any other form of seizure or foreclosure by
executive, judicial or legislative action.
2. Nothing in paragraph (1) shall be construed as
preventing the law enforcement authorities of Guyana from
entering the Programme Site for the purposes of searching for
and seizing any person or thing reasonably suspected of
being related to the commission of a criminal offence by any
person subject to the jurisdiction of the Courts of Guyana.
3. Where an arbitrator acting in accordance with an
arbitration agreement referred to in Article 25 makes an award
against the centre and a court orders the enforcement of such
award, the provisions of paragraph (1) shall not be construed
so as to prevent the seizure or foreclosure of property or
assets to the extent necessary to satisfy the order of the court
giving effect to the award.
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Article 27
Immunity of Archives
The archives of the Centre shall be inviolable.
Article 28
Privileges of Communications
The official communications of the Centre shall be
accorded the same treatment as the official communications of a
diplomatic mission.
Article 29
Immunities and Privileges of Officers and Employees
1. The Chairman and other members of the Centre
and resident officers and employees (and members of their
immediate families) of the Centre—
(a) shall be immune from legal process with
respect to acts performed by them in their
official capacity except where immunity is
expressly waived; this immunity shall not
apply, however, to civil liability in the case of
damage arising from a road traffic accident
caused by any such person;
(b) where they are not local citizens or nationals,
shall be granted the same immunities from
immigration restrictions, aliens registration
requirements and the same facilities as
regards exchange restrictions as are
accorded to the representatives, officials
and employees of comparable rank of
diplomatic missions;

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(c) where they are not local citizens or nationals,
shall be granted the same treatment in
respect of facilities as is accorded to
representatives, officials and employees of
comparable rank of diplomatic missions.
2. Where any person referred to in paragraph 1 is
entitled under any other law or convention to greater privileges
and immunities than those provided for under this Agreement,
such person shall be entitled to be accorded such greater
privileges and immunities.
Article 30
Immunities from Taxation
1. The Centre, its assets, property, income and its
operations and transactions authorised by this Agreement,
shall be immune from all taxation including customs duties,
consumption tax, capital gains tax, corporation tax, income
tax, property tax and purchase tax and the Centre shall be
immune from liability for the collection or payment of any tax or
duty.
2. No tax shall be levied on or in respect of the
remuneration and expenses paid to the Chairman and other
members of the Board and salaries and emoluments paid by the
Centre to the Director-General and other officers and employees
of the Centre including experts performing services for the
Centre. This provision shall only apply to officers and
employees recruited from abroad.
3. No taxation of any kind shall be levied on any
obligations or security issued by the Centre.

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CHAPTER VI
AMENDMENTS, ARBITRATION
Article 31
Amendments
This Agreement may be amended in such manner as
may be determined by the Board with the approval of the
President of Guyana and the Commonwealth Secretary-
General.
Article 32
Arbitration
1. Any dispute concerning the interpretation or
application of this Agreement which is not settled by
negotiation or other agreed mode of settlement shall be
referred for final decision to an arbitral tribunal of three
arbitrators. Each party to this Agreement shall appoint
one arbitrator and the two arbitrators so appointed shall appoint
the third who shall be Chairman of the tribunal. If within thirty
days of the request for arbitration either party has not appointed
an arbitrator or if within thirty days after the appointment of the
two arbitrators the third arbitrator has not been appointed,
either party to this Agreement may request the United
Nations Secretary-General to make the necessary appointment.
The arbitral tribunal shall adopt its own rules of procedure.
However, the Chairman of the tribunal shall have the power
to settle all questions of procedure in any case of
disagreement with respect thereto.
2. A majority of votes of the arbitrators shall be sufficient to
reach a decision which shall be final and binding upon the
parties.

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CHAPTER VIII
FINAL PROVISIONS
Article 33
Entry into Force
This Agreement shall enter into force when it has been
signed by the Government of Guyana and the Commonwealth
Secretariat.
Article 34
Inaugural Meeting
As soon as possible after this Agreement enters into force the
Board shall convene its inaugural meeting.
IN WITNESS whereof, the undersigned, being duly authorised
thereto, have affixed their signatures to this Agreement.
DONE in duplicate at Auckland, this ninth day of November
one Thousand Nine Hundred and Ninety Five.
For the Government of the For the Commonwealth
Co-operative Republic Secretariat
of Guyana
________________________ _________________________
H.E. Dr. Cheddi Jagan, MP H.E. Chief Emeka Anyaoku
President of Guyana Commonwealth Secretary-
General
________________________