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ARTICLE 1 The Convention of the Holy CRUZ OF THE CONSTITUTIVE SIERRA OF THE SECRETARY-GENERAL IBEROAMERICAN, signed at La Paz .REPUBLICA DE BOLIVIA el on 27 August 2004 and the Statue of the SECRETARIA General IBEROAMERICAN, adopted at San José de Costa Rica, 20 July 2004 ARTICLE 2 Contact the national executive branch.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE SEPTEMBER OF THE YEAR DOS MIL SEIS.
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ALBERTO BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
CONVENTION OF SANTA CRUZ DE LA SIERRA
STATUS OF SECRETARIAT
GENERAL IBEROAMERICANA
Member States of the Ibero-American Conference
Considering,
That the I Ibero-American Summit of Heads of State and Government held in Guadalajara in July 1991 constituted the Ibero-American Conference of Heads of State and Government with the participation of the sovereign States of America and Europe of Spanish and Portuguese language;
That historical and cultural affinities and the richness of our plural expression unite us around the common goal of developing the ideals of the Ibero-American community based on dialogue, cooperation and solidarity;
That at the Ibero-American Summits of Heads of State and Government held in Guadalajara, Madrid and Salvador, Bahia, of a founding character, it is recognized that our relationship is based on democracy, respect for human rights, fundamental freedoms, and is guided by the principles of sovereignty, territorial integrity and non-intervention in the internal affairs of each State and the right of every people to freely build their political system and institutions in peace, stability and justice;
That the Summit of Heads of State and Government is the highest instance of the Ibero-American Conference which is supported by the agreements reached during the Meetings of Ministers for Foreign Affairs, the National Coordinators and Heads of Cooperation, as well as the sectoral ministerial meetings of the Ibero-American sphere;
That the Convention for Cooperation within the framework of the Ibero-American Conference signed in San Carlos de Bariloche, on 15 October 1995, established an institutional framework that regulates the relations of cooperation among its members, with the aim of boosting economic and social progress, stimulating citizen participation, strengthening dialogue and serving as an expression of solidarity between the peoples and the Ibero-American governments;
That with the Bariloche Convention a large number of cooperation programmes were promoted, as well as the creation of networks of collaboration between institutions of the Ibero-American States;
That the Heads of State and Government of Ibero-Americans agreed to create at the VIII Ibero-American Summit of Porto the Secretary of Ibero-American Cooperation,
That the 9th Ibero-American Summit, held in the city of Havana, adopted the Protocol to the Convention for Cooperation within the framework of the Ibero-American Conference for the Establishment of the Secretariat for Ibero-American Cooperation (SECIB), which expresses the will of the Heads of State and Government to strengthen the institutional framework created by the Bariloche Convention;
That at the twelfth Ibero-American Summit in Bavaria, it was agreed to develop a study on concrete measures and initiatives to raise the level of institutionalization of the Ibero-American Conference, improve cooperation mechanisms and procedures, as well as ensure greater internal cohesion and international projection.
It is necessary to contribute to the greater coordination and coordination of the work of the sectoral ministerial meetings and those carried out by the Ibero-American bodies recognized by the Ibero-American Conference.
That the 13th Ibero-American Summit held in Santa Cruz de la Sierra, the Heads of State and Government expressed their decision to create the Ibero-American General Secretariat;
The following are agreed:
Article 1 Creation of the Ibero-American General Secretariat
The Ibero-American General Secretariat (SEGIB), an international body with its own legal personality and the capacity to celebrate the acts and contracts necessary for the fulfilment of its purposes, in accordance with the principles and objectives of the Ibero-American Conference.
The General Secretariat will have its headquarters in Madrid.
Article 2 Objectives of the Ibero-American General Secretariat
The Ibero-American General Secretariat, as the supporting body of the Ibero-American Conference, has the following objectives:
(a) Contribute to the strengthening of the Ibero-American Community and ensure an international projection.
(b) Help the organization of the preparatory process for the Summits and all Ibero-American meetings.
(c) To strengthen cooperation work in the framework of the Ibero-American Conference, promoting cooperation, in accordance with the Bariloche Convention.
(d) To promote the historical, cultural, social and economic ties among the Ibero-American countries, recognizing and value the diversity of their peoples.
Article 3
The Ibero-American General Secretariat will have the functions set out in its statutory regulations, which will be approved by the Heads of State and Government, in order to provide institutional support, in close coordination with the Pro-Tempore Secretariat, to the Summit of Heads of State and Government and to the other bodies of the Ibero-American Conference.
Article 4 The Secretary-General
The Ibero-American General Secretariat will have a Secretary-General appointed by consensus by the Heads of State and Government on the proposal of the Plenary Meeting of Ministers for Foreign Affairs. Its mandate will last for four years and can be renewed for one time. The Secretary-General may not be succeeded by a person of the same nationality.
The functions, competencies and selection procedure of the Secretary-General shall be defined in the statutory regulations of the Ibero-American General Secretariat.
Article 5 of the Under-Secretary and the Secretary for Ibero-American Cooperation
The Ibero-American General Secretariat will have a Deputy Secretary and a Secretary for Ibero-American Cooperation, appointed by the Plenary Meeting of Ministers for Foreign Affairs. Its mandates will last for four years and can be renewed for one time and its functions, competencies and selection procedure will be defined in the statutory regulations of the General Secretariat.
The selection of staff of the General Secretariat will ensure equitable geographical representation, language balance and gender mainstreaming.
The Secretary-General, the Under-Secretary and the Secretary for Ibero-American Cooperation shall be nationals of different countries.
Article 6 Independence in the performance of duties
In carrying out their duties, the Secretary-General, the Under-Secretary, the Secretary for Ibero-American Cooperation, as well as the rest of the Secretariat ' s staff, shall not request or receive instructions from any Government or any authority outside the Ibero-American Conference, and shall refrain from acting in any way that is incompatible with their status as officials, international officials responsible only to the Conference.
Article 7 Financing
The General Secretariat will be financed through the contributions of member States, according to the scale of assessments to be agreed upon by the Plenary Meeting of Ministers for Foreign Affairs on the basis of the recommendations made by the National Coordinators and the Heads of Ibero-American Cooperation.
The Ibero-American General Secretariat shall be governed by the financial and budgetary provisions set out in its statutory regulations.
Article 8 Privileges and immunities
The General Secretariat and its staff shall enjoy the privileges and immunities recognized in the Headquarters Agreement between the General Secretariat and the host State, in addition to those internationally recognized to the officials of the International Agencies necessary for the exercise of their functions in accordance with the legal systems of the countries members of the Ibero-American Conference.
Article 9 Official and Working Languages
The official and working languages of the General Secretariat will be Spanish and Portuguese.
Article 10 Signature, Ratification and Entry in Vigor
This Convention shall be open for signature by all States members of the Ibero-American Conference at the headquarters of the Ministry of Foreign Affairs and Worship of the Republic of Bolivia.
This Convention shall be ratified in accordance with the internal rules of each State Party and shall enter into force on the thirtieth day from the date of deposit of the seventh instrument of ratification.
For the State ratifying the Convention after the deposit of the seventh instrument of ratification, the Convention shall enter into force on the thirtieth day from the date on which such State deposited its instrument of ratification.
Article 11 Amendments
This Convention may be amended on the proposal of any State Party. The proposed amendments shall be communicated to the Secretary-General who shall notify the other Parties for inclusion by the Pro-Tempore Secretariat in the agenda of the following Summit.
Once adopted by consensus by the Heads of State and Government, the amendments shall enter into force for all States Parties in accordance with the procedure set out in article 10.
Article 12: Duration and Complaint
This Convention shall have an indefinite duration, and may be denounced by any Party by written notification to the Depositary.
The complaint shall take effect, in relation to ongoing programmes and projects, after the end of one year from the date on which the notification has been received by the Depositary.
The complaint notice shall not exempt from the obligation to pay outstanding assessed contributions.
Article 13 Interpretation
The differences in interpretation of this Convention shall be examined by the National and High Coordinators, if any, to the Foreign Ministers for the resolution by consensus of the Heads of State and Government.
Article Fourteenth Depositary
This Convention, whose texts in Spanish and Portuguese are equally authentic, and its instruments of ratification shall be deposited in the Archives of the Ministry of Foreign Affairs and Worship of the Republic of Bolivia.
Transitional arrangements
First. The Statute of the Ibero-American General Secretariat, previously negotiated by the National Coordinators, will be elevated by the Ministers for Foreign Affairs to the adoption by consensus of the Heads of State and Government at the 14th Ibero-American Summit.
Second. The Ibero-American Cooperation Secretariat (SECIB) will continue to exercise its functions until the entry into force of this Convention, when its powers are assumed by the Ibero-American General Secretariat, in accordance with the Convention for Cooperation within the framework of the Ibero-American Conference and the Protocol to the Convention for Cooperation within the framework of the Ibero-American Conference for the Establishment of SECIB.
For all legal purposes, the Ibero-American General Secretariat succeeds the Ibero-American Cooperation Secretariat (SECIB) in its rights and obligations.
The entry into force of this Convention will not affect the continuity of cooperation programmes that are being implemented between the States Parties to the Protocol to the Convention for Cooperation within the framework of the Ibero-American Conference for the Establishment of the Ibero-American Cooperation Secretariat.
Signed in the city of La Paz, Bolivia.
Signatures
Statute of the Secretariat
Ibero-American General
Bearing in mind the provisions contained in the Convention of Santa Cruz de la Sierra Constitutivo de la Secretaría General Iberoamericana (SEGIB) and the Bariloche Convention, the Member States of the Ibero-American Conference agree on the following Statute governing the Ibero-American General Secretariat.
ARTICLE 1: Nature
The Ibero-American General Secretariat (SEGIB) is the permanent body of support, institutional, technical and administrative to the Ibero-American Conference.
Article 2: Functions
SEGIB will exercise its functions in accordance with the decisions of the Ibero-American Summits. In close coordination with the Pro-Tempore Secretariat, it will provide institutional support to the Summits and other bodies of the Ibero-American Conference.
It will be the responsibility of SEGIB:
(a) To execute the mandates it receives from the Summits and Meetings of Ministers for Foreign Affairs, to follow up as appropriate, and to keep informed about its implementation to the various bodies of the Ibero-American Conference;
(b) Support the Pro-Tempore Secretary in the preparation of the Ibero-American Summits;
(c) Collaborate with the Pro-Tempore Secretariat; and the host country as appropriate, in the preparation, coordination and follow-up of the sectoral ministerial meetings;
(d) To carry out in coordination with the Pro-Tempore Secretariat the functions of rapporteur at the Ibero-American Summits of Heads of State and Government, the Meetings of Ministers for Foreign Affairs and Sectoral Ministerial Meetings;
(e) Strengthen, in accordance with the Bariloche Convention, work on cooperation within the framework of the Ibero-American Conference and suggest alternatives for further development;
(f) Submit proposals for programmes, projects and cooperative initiatives to the meeting of the Ibero-American Cooperation Officers for approval in accordance with the Bariloche Convention;
(g) To collaborate with member States, in the design and management of Ibero-American programmes, projects and cooperation initiatives, as well as to monitor and evaluate them;
(h) Provide technical and administrative support to the Ibero-American Conference and, in particular, preserve its institutional memory;
(i) To ensure the coordination of the different bodies of the Ibero-American Conference with the other Ibero-American organizations recognized by the Conference;
(j) To present the proposed budget and annual programme of work (budget-programme) for approval by the Meeting of Ministers for Foreign Affairs, with the previous recommendations of the National Coordinators and Heads of Ibero-American Cooperation;
(k) Work in close coordination with the National Coordinators and Co-operation Officers, who will report periodically on the implementation of the Secretariat ' s budget-programme and submit the corresponding accounts for approval by the Meeting of Foreign Ministers;
(l) Contribute to the international projection of the Ibero-American Community within the framework of instructions and mandates received from Heads of State and Government;
(m) To encourage and support, in the context of the work programme, the activities of Ibero-American associations in the professional, academic and institutional fields; and
(n) Submit proposals through the competent bodies of the Ibero-American Conference with a view to meeting the objectives set out in the Santa Cruz Convention of the Sierra Constitutivo de la Secretaría General.
Article 3: Structure
The General Secretariat shall consist of a Secretary-General, a Deputy Secretary and a Secretary for Ibero-American Cooperation.
The Secretary-General holds the highest position in the administrative structure of SEGIB and is responsible for the functioning of the Ibero-American General Secretariat.
The Secretary-General will have as his main collaborators the Under-Secretary and the Secretary for Ibero-American Cooperation.
The Secretary-General shall submit to the National Coordinators and Heads of Cooperation, and shall submit to the approval of the Meeting of Ministers for Foreign Affairs a proposal of organigram with indication of the required professional profiles. Any proposals to alter the approved organigram should be submitted to the Ministers for Foreign Affairs, with the proposed programme budget referred to in Article 2 (j).
Article 4: From the Secretary-General
The Secretary-General shall be appointed by consensus by heads of State and Government, on the proposal of the Meeting of Ministers for Foreign Affairs, for a term of four years. The mandate may be renewed for an additional single period.
The Secretary-General should be a national of one of the Ibero-American countries and have held high-ranking roles in one of the member countries of the Conference or in an international organization.
The Secretary-General shall cease his or her duties at the end of his or her mandate, or by resignation or separation from office agreed upon by heads of State and Government.
The Secretary-General may not be succeeded by a person of the same nationality.
Article 5: Attributions of the Secretary-General
The following powers apply to the Secretary-General:
(a) To be Secretary of the Summits;
(b) To participate in the Meetings of Ministers for Foreign Affairs, the sectoral meetings of Ministers and those of National Coordinators, with a voice but without a vote;
(c) To propose to the meeting of Ministers for Foreign Affairs an annual calendar of meetings of the Conference, including those of a sectoral nature;
(d) To exercise the legal representation of the Secretariat;
(e) Acting before international agencies in accordance with specific instructions and mandates received from the Summits or the Meetings of Ministers for Foreign Affairs;
(f) To guide, assisted by the Secretary for Ibero-American Cooperation, the planning, organization, direction and coordination of the activities of the Secretarla General for Ibero-American cooperation;
(g) To transmit to the Pro-Tempore Secretary communications received from third States or organizations that require decision or knowledge of the Conference;
(h) Identify and suggest to the Meeting of Ministers for Foreign Affairs for approval, with the recommendation of the National Coordinators and, where appropriate, of those responsible for cooperation, possible additional sources of funding for SEGIB and Summit programmes and projects;
(i) To exercise the custody of the documents and archives held by SEGIB;
(j) Exert the guard and custody of the SEGIB heritage;
(k) To submit to the Meeting of Ministers for Foreign Affairs for approval the proposals for internal regulations of SEGIB and the proposals for updating them, with the previous recommendations of the National Coordinators and the Heads of Ibero-American Cooperation as appropriate; and
(l) Any others entrusted to it by the Ibero-American Summit of Heads of State and Government.
Article 6: From the Under-Secretary and the Secretary for Cooperation.
The Under-Secretary and the Secretary for Ibero-American Cooperation shall be appointed by the Meeting of Ministers for Foreign Affairs for a term of 4 years, renewable for an additional single period.
The Secretary-General, the Under-Secretary and the Secretary for Cooperation shall be nationals of different Ibero-American countries.
2. The following functions are incumbent upon the Under-Secretary:
(a) To cooperate with the Secretary-General with technical, administrative and institutional support for the Summits, Meetings of Ministers for Foreign Affairs and other bodies of the Conference;
(b) Assist the Secretary-General in the tasks of senior management of the Secretariat;
(c) To replace the Secretary-General with interim in cases of absence or temporary impediment of the holder of the Secretariat; and
(d) Whatever the Secretary-General assigns.
Should the post of Secretary-General be vacant, the Under-Secretary shall be responsible for the Secretariat until the appointment of a new holder by the Ibero-American Summit.
3. The following functions are entrusted to the Secretary for Ibero-American Cooperation:
(a) Assist the Secretary-General in planning, organizing, managing and coordinating SEGIB cooperation activities;
(b) Support the countries members of the Conference in the presentation of initiatives and in the implementation of Ibero-American cooperation programmes and projects, promoting their articulation and complementarity;
(c) To follow up on the initiatives and evaluation of the Summit and Projects programmes attached to the Ibero-American Conference and to report to the Meeting of Heads of Cooperation;
(d) To ensure coordination in cooperation with the bodies established within the Ibero-American framework and any other institution or agency to which it is to be related in accordance with its functions;
(e) To promote and publicize Ibero-American cooperation; and
(f) Whatever the Secretary-General assigns.
ARTICLE 7o: Personal
The staff of SEGIB shall be appointed by the Secretary-General in accordance with the Staff Rules to be approved by the Meeting of Ministers for Foreign Affairs.
All SEGIB staff must be a national of Ibero-American country. It will be selected on the basis of its suitability and professional profile, ensuring in its selection the equitable geographical representation and language balance, as well as the gender perspective.
SEGIB staff will be linked to the Secretariat for a contractual relationship.
The meetings of National Coordinators and Heads of Ibero-American Cooperation may recommend to the Secretary-General the subscription, by fixed and determined time, of officials or experts submitted by a member country of the Conference to contribute to the implementation of a specific activity, project or programme.
As long as they remain linked to the Secretariat, the staff members of SEGIB and the staff members or experts attached thereto shall not request or receive instructions from Governments or authority outside the Secretariat, and shall refrain from acting in a manner incompatible with the status of those providing their services in an international agency.
Article 8: Budget
The annual budget-programme of SEGIB, in accordance with the Financial Regulations to be approved by the Meeting of Ministers for Foreign Affairs, shall identify the projected income and expenditure for the planned programmes, projects and work activities for the year following their submission.
The budget-programme will be funded through the contributions of member States, according to the scale of assessments established in accordance with the criteria agreed by the Meeting of Ministers for Foreign Affairs on the basis of the recommendations made by the National Coordinators and Heads of Ibero-American Cooperation.
Article 9: Headquarters Agreement
In accordance with article 1 of the Convention, the headquarters of SEGIB will be in Madrid, Spain.
SEGIB will agree with the host State on the conditions of reception, which will include all the facilities necessary for the performance of its functions and, in particular, the recognition of privileges and immunities.
The Secretary-General shall submit the draft Headquarters Agreement for approval by the Meeting of Ministers for Foreign Affairs.
10th Article: Languages
The official and working languages of the General Secretariat will be Spanish and Portuguese.
Article 11: Entry into force
Pursuant to the Convention of Santa Cruz de la Sierra Constitutivo de la SEGIB, this Statute will be adopted at the XIV Summit of San José of Costa Rica.
This Statute shall enter into force on the date on which the Convention of Santa Cruz de la Sierra Constitutivo de la SEGIB does so, without prejudice to the internal procedures of each Member State.
ARTICLE 12. Amendments.
Any amendment to this Statute shall be adopted by the Ibero-American Summit, on the basis of the recommendations proposed by the Meeting of Ministers for Foreign Affairs.
TRANSITORY PROVISIONS
1. For all legal purposes, the Ibero-American General Secretariat (SEGIB) succeeds the Secretariat of Ibero-American Cooperation SECIB in its rights and obligations. SECIB will continue to exercise its functions until the entry into force of the Convention of Santa Cruz de la Sierra Constitutivo de la Secretaría General Iberoamericana. Until the first annual budget of SEGIB is approved, the Secretary-General shall have the headquarters and the human and material resources of SECIB.
2. From the time of its appointment, the Secretary-General may undertake the activities necessary for the implementation of the Secretariat.
3. The Secretary-General shall, by diplomatic means, communicate to the Ministers for Foreign Affairs of Ibero-American States the appointment of the Directors of the General Secretariat and submit for approval their first budgetary provisions.
Approved in San José, Costa Rica on November 20, two thousand four.
