Key Benefits:
DECREE NO 5,020, DE March 19, 2004.
Promulga the Constitutional Agreement of the Latin American Center of Administration for Development (CLAD).
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and
Considering that the National Congress has approved, by means of Legislative Decree No. 77 of November 30, 1989, the text of the Constitutional Agreement of the Latin American Center for Development Administration (CLAD), concluded in Caracas on June 30, 1972 ;
Considering that the Agreement entered into force for Brazil on August 21, 1990 ;
DECRETA:
Art. 1º The Constitutive Agreement of the Latin American Center for Development Administration (CLAD), concluded in Caracas on June 30, 1972, apse by copy to this Decree, will be executed and fulfilled as entirely as it contains.
Art. 2º shall be subject to the approval of the National Congress any acts that may result in revision of the said Agreement or entailing charges or written commitments to the national heritage, in accordance with the Art. 49, inciso I, of the Constitution.
Art. 3º This Decree shall enter into force on the date of its publication.
Brasilia, March 19, 2004 ; 183º of Independence and 116º of Republic
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
The Governments of Mexico, Peru and Venezuela,
Considering:
That several Latin American countries have been making efforts in recent years with views to reform their public administrations, second rigorous criteria of analysis of their structures and functions from integrated models of normative and global diagnostic guidance or public administration specific on their set or some of their more strategic components, which result in the achievement of coherent proposals for reform ;
That this effort of radical reformulation of public structures and functions requires the ever increasing use of theories, doctrines and inter-disciplinary techniques in the fields of political, economic and legal sciences, the general sociology and historical evolution of the Region ;
Which, without prejudice to the peculiarities of each Latin American country and of each of its forms of government, there is a broad common denominator as to the administrative problem of the Region, reflected in the likeness of the enquirds that each Government has been giving its reform proposals ;
That it is timely to bring together efforts and jointly harness the still scarce resources and materials with which they count the countries, while avoiding, as far as possible, separately undertaking similar programmes ;
That an integration effort of this nature should be outlined and operationalized in a summely flexible manner, the in order to give priority to the individualized products of that cooperation, rather than creating institutions whose products are not always the most desirable by the public administrations concerned ;
What it takes, however, to institutionalize an intergovernmental center that assumes representation of these programmes and supervise the elaboration of these products, to whose effect the Government of Venezuela has submitted to the consultation of all Latin American countries a project of a Latin American Centre for Development, having received the favorable opinion of considerable number of countries ; and
That each of these programs must fulfill their own goals and produce their final results under one responsible and independent direction, within the deadlines that are fixed to it and with its own human and financial resources, agree:
Constitution the Latin American Center of Administration for Development (CLAD) and open to the remaining states Latin Americans the possibility to join as members of the said Centre on the basis of the following provisions:
FIRST
The Latin American Centre for Development Administration (CLAD) will be responsible for the realization of the international cooperation programs in the issues of public administration reform that its Board Director defines as such.
SECOND
The Centre will have its headquarters, for a period of not less than three years, in the Latin American city that the Council Director determinate.
THIRD
The Centre shall be directed by a Director Council consisting of the senior authorities which, in each country, is responsible for administrative reform programmes or for the representatives of the Governments of the Member States to designate.
The Board Director will have a President and a Vice-President. The Director Council shall elect, with each other, by an absolute majority, the President, who will be given three years in the office of office and will reply at the headquarters of the Centre. The Vice President will have a year's term in office, which will be occupied, successively and obeying alphabetical order, by the representatives of the Member States in the Director Council, after the first election. The Director Council shall draw up its Rules of Procedure, in which the duties of the President and the Vice-President shall be established.
FOURTH
The operating expenses of the Director Council will be the responsibility of the country where the seat is located of the Centre.
FIFTH
The Center will develop its activities upon programs to be determined by the Director Council. Each program will be directed by a Director, whose designation and removal will be for the Director Council. Each Director will have faculty to nominate and remove the program personnel under his responsibility.
SIXTH
Any member of the Board of Directors may propose to this the creation of the Centre's programmes, signalling and justifying their goals, final products, duration, organization, coordination, personnel needs and materials, location and estimate of spending. Once the initiative has been approved by a majority of the Director Council, all its members will undertake to initiate joint intakes to ensure their operation and, when this is achieved, they will designate the Director responsible for the programme.
Each program will be governed by the terms of reference that the Board Director determines at the time of its deployment.
SEVENTH
Each program of the Centre will be administered as an independent unit, under the immediate responsibility of the respective Director and based on their own objectives, resources, organization and location. Consequently, the Centre will be able to simultaneously undertake different programmes in the various countries and areas of their specialization or interest. The Directors of the various programs that the Centre shall develop shall be supervised by the Director Council, by delegation of this, by any of its members and shall account for its tasks to the Director Council, with the periodicity and in the terms, places and dates that the Council establishes. Member States will be able to designate the number of national officials they consider convenient to participate in the activities of the various programmes of the Centre.
OCTAVA
The Latin American States will be able to participate in this Agreement by means of a written notification to the Government of Venezuela, which will communicate it to the remaining members of the Agreement. For such an effect, the government of the country-headquarters will urge the other Latin American states to join the Latin American Center of Administration for Development.
NONA
This Agreement shall enter into force as of the date of its signature and the Member States may denounce it, prior written notification, with six months in advance, to the Government of Venezuela, which will make it aware of the other Member States.
In faith than the undersigned, duly authorized by their respective governments, sign the present Agreement in three lanes, in the city of Caracas, at the thirty days of the month of June of a thousand nine hundred and seventh two.
By Venezuela
RODOLFO JOSE CARDENAS
Responding by the Ministry of Foreign Affairs
By Mexico
ALEJANDRO CARRILLO CASTRO
Director General Administrative Studies of the Presidency
By Peru
LOUIS BARRIOS LLONA
Ambassador Extraordinary and Plenipotentiary
Attachment (s)
