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DECREE NO 5,002, DE March 3, 2004.
Promulga the Constitutive Declaration and the Statutes of the Community of Portuguese-speaking Countries.
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. 8 of February 12, 1998, the texts of the Constitutive Declaration and the Statute of the Community of the Portuguese-CPLP Countries, signed in Lisbon on July 17, 1996 ;
Considering that the aforementioned acts have entered into international vigor, and for Brazil, on April 17, 2000 ;
DECRETA:
Art. 1º The Constitutive Declaration and the Statutes of the Community of Portuguese-speaking Countries-CPLP, signed in Lisbon on July 17, 1996, joined by copy to this Decree, shall be executed and fulfilled as entirely as in them if contains.
Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the said Atos or which carries charges or engraved commitments to the national heritage, in the terms of the art. 49, inciso I, of the Constitution.
Art. 3º This Decree shall enter into force on the date of its publication.
Brasilia, March 3, 2004 ; 183º of Independence and 116º of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
The Heads of State and Government of Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal and São Tomé and Príncipe, meeting in Lisbon, on July 17, 1996 ;
Imbued with the perennial values of Peace, Democracy and the rule of law, Human Rights, Development and Social Justice ;
Having in mind respect for territorial integrity and non-interference in the internal affairs of each state, as well as the right of each to establish the forms of their own political, economic and social development and adopt superbly the respective policies and mechanisms in these domains ;
Aware of the historical opportunity that the present Conference of Heads of State and Government offers to respond to the aspirations and appeals coming from the peoples of the seven countries and bearing in mind the auspicious results of the meetings of Foreign and Foreign Affairs Ministers of the Portuguese-speaking Countries, held in Brasilia on February 9, 1994, in Lisbon on July 19, 1995 and in Maputo on April 18, 1996, as well as of their meetings on the sidelines of the 48a, 49a and 50a Sessions of the United Nations General Assembly ;
Consider imperative:
-Consolidating the national and plurinational cultural reality that confers identity of its own to the Portuguese-speaking Countries, reflecting the special relationship existing between them and the experience accumulated in years of profitcuous concert and cooperation ;
-Encarecer the progressive international affirmation of the set of Portuguese-speaking Countries that constitute a geographically discontinuous but identified by the common language ;
-Reiterate, on this occasion of such high significance for the collective future of their Countries, the commitment to strengthen the bonds of solidarity and cooperation that unite them by combining initiatives for the promotion of development economic and social of their Peoples and for the increasingly larger assertion and dissemination of the Portuguese Language.
Reclaim that the Portuguese Language:
-Constitui, between the respective Peoples, a historical bond and a common heritage resulting from a multi-secular coexistence that must be valued ;
-It is a privileged means of spreading cultural creation among the peoples who speak Portuguese and of international projection of their cultural values, in an open and universalist perspective ;
-It is also, on the world plan, foundation of an increasingly significant and influential joint acting ;
-Tende to be, by its expansion, an instrument of communication and work in international organizations and enables each of the Countries, in the regional context of their own, to be the interpreter of interests and aspirations that all are common.
Thus, animated with firm confidence in the future, and with the purpose of pursuing the following goals:
-Contributing to the strengthening of human ties, solidarity and fraternity among all Peoples who have the Portuguese Language as one of the fundamentals of their specific identity, and in this sense, promote measures that facilitate the circulation of citizens of the Member Countries in the space of CPLP ;
-Encourage the diffusion and enrichment of the Portuguese Language, by potentiating the institutions already created or to create with this purpose, namely the International Institute of Portuguese Language (IILP) ;
-Incrementing the cultural exchange and diffusion of intellectual and artistic creation in the space of the Portuguese Language, using all media and international cooperation mechanisms ;
-Enter efforts in the sense of the establishment in some Member Countries of concrete forms of cooperation between the Portuguese Language and other national languages in the fields of research and its valorisation ;
-Alargar cooperation between their Countries in the area of political-diplomatic concertation, particularly within international organizations, in order to give increasing expression to the common interests and needs within the international community ;
-Stimulate the development of interparliamentary cooperation actions ;
-Develop economic and business cooperation with each other and cherish existing potentials by defining and delivering projects of common interest, exploring in this direction the various forms of cooperation, bilateral, trilateral and multilateral ;
-Dynamic and deepen cooperation in the university field, in professional training and in the various sectors of scientific and technological research with a view to a growing appreciation of its human and natural resources, well how to promote and strengthen cadres training policies ;
-Mobilize internally and externally efforts and resources in sympathetic support to reconstruction and rehabilitation programs and humanitarian and emergency aid actions for their Countries ;
-Promote the coordination of activities of the various public institutions and private entities, associations of economic nature and non-governmental organizations engaged in the development of cooperation between their Countries ;
-Promote, without prejudice to international commitments made by the Member States, measures aiming at resolving the problems faced by the immigrant communities in the Member States, as well as coordination and strengthening of the cooperation on immigration policies ;
-Encouraging bilateral and multilateral cooperation for the protection and preservation of the environment in the Member Countries with a view to the promotion of sustainable development ;
-Promoting cooperation actions between themselves and coordination within the multilateral framework to ensure respect for Human Rights in their respective Countries and throughout the world ;
-Promoting measures, particularly in the pedagogical and judicial field aiming at the total eradication of racism, racial discrimination and xenophobia ;
-Promote and encourage measures aimed at the effective improvement of the child's living conditions and their harmonious development in light of the principles enshrined in the UN Convention on the Rights of the Child ;
-Promote the implementation of specific cooperation projects with a view to strengthening the social condition of the woman, in recognition of her indispensable role for the welfare and development of societies ;
-Encourage and promote youth exchange, with the aim of training and exchange of experience through the implementation of specific programs, particularly within the framework of teaching, culture and sport ;
They decided, in an act of allegiance to the vocation and the will of their Peoples, and in respect for the sovereign equality of the States, to constitute, as of today, the Community of Portuguese-speaking Countries.
Made in Lisbon, on July 17, 1996.
Article 1
Denomination
The Community of Portuguese-speaking Countries, henceforth designated by CPLP, is the privileged multilateral forum for deepening mutual friendship, political-diplomatic concertation and cooperation among its Members.
Article 2
Legal Status
CPLP enjoys legal personality and is endowed with administrative and financial autonomy.
Article 3
Goals
Are general objectives of the CPLP:
(a) the political-diplomatic consultation between its Members in international relations, notably for the strengthening of their presence in the international fora ;
b) cooperation, particularly in the economic, social, cultural, legal and technical-scientific fields ;
c) the materialization of promotion and diffusion projects of the Portuguese Language.
Article 4
Headquarters
The Headquarters of CPLP is, at its initial stage, in Lisbon, capital of the Portuguese Republic.
Article 5
Guiding Principles
CPLP is governed by the following principles:
a) sovereign equality of the Member States ;
b) Non-interference in the internal affairs of each state ;
c) I respect for your national identity ;
d) Reciprocity of treatment ;
e) Primate of Peace, Democracy, the State of Law, Human Rights, and Social Justice ;
f) I respect for your territorial integrity ;
g) Promotion of Development ;
h) Promotion of mutually advantageous cooperation.
Article 6
Members
1. In addition to the founding Members, any State, provided that it uses the Portuguese as an official language, may become a member of the CPLP, upon accession without reservation to this Statute.
2. The admission to CPLP of a new state is made through a unanimous decision of the Conference of Heads of State and Government.
3. The Conference of Heads of State and Government shall set out the formalities for the admission of new Members and for accession to this Statute by new Members.
Article 7
Organs
1. They are organs of CPLP:
a) The Conference of Heads of State and Government ;
b) The Council of Ministers ;
c) The Standing Concertation Committee ;
d) The Executive Secretariat.
2. In the materialization of their objectives CPLP is also supported in the mechanisms of political-diplomatic and cooperation consultation already existing or to be created among the Member States of the CPLP.
Article 8
Conference of Heads of State and Government
1. The Conference consists of the Heads of State and Government of all Member States and is the maximum organ of CPLP.
2. They are competencies of the Conference:
a) Define and guide the general policy and strategies of the CPLP ;
(b) to provide necessary legal instruments for the implementation of this Statute and may, however, delegate these powers to the Council of Ministers ;
c) Create institutions necessary for the smoother functioning of CPLP ;
d) Eleger of between its Members a President in a rotating manner and for a term of two years ;
e) Eleger the Executive Secretary and the Deputy Executive Secretary of the CPLP.
3. The Conference shall convene, ordinarily, every two years and, extraordinarily, when requested by two thirds of the Member States.
4. The decisions of the Conference are taken by consensus and are binding on all the Member States.
Article 9
Council of Ministers
1. The Council of Ministers shall be constituted by the Ministers of Foreign Affairs and Foreign Affairs of all Member States.
2. They are competences of the Council of Ministers:
a) Coordinate the activities of the CPLP ;
b) Supervising the functioning and development of CPLP ;
c) Define, adopt, and implement CPLP's action policies and programs ;
d) Approve the budget of the CPLP ;
e) Formulating recommendations to the Conference in general policy matters, as well as the efficient and harmonious functioning and development of CPLP ;
f) Recommendation to the Conference the candidates for the posts of Executive Secretary and Deputy Executive Secretary ;
g) Convocar conferences and other meetings with a view to promoting the goals and programs of CPLP ;
h) Re-alize other tasks entrusted to it by the Conference.
3. The Council of Ministers shall elect from its members a President in a rotating manner and for a term of one year.
4. The Council of Ministers shall convene, ordinarily, once a year and, extraordinarily, when requested by two thirds of the Member States.
5. The Council of Ministers responds to the Conference, to whom it is expected to submit the respective reports.
6. The decisions of the Council of Ministers are taken by consensus.
Article 10
Standing Concertation Committee
1. The Standing Concertation Committee consists of a representative of each of the Member States of the CPLP.
2. It is incumbent on the Standing Concertation Committee to monitor compliance by the Executive Secretariat of the decisions and recommendations emanating from the Conference and the Council of Ministers.
3. The Standing Concertation Committee meets ordinarily once a month and extraordinarily whenever necessary.
4. The Standing Concertation Committee is coordinated by the representative of the Country holding the Presidency of the Council of Ministers.
5. The decisions of the Standing Concertation Committee are taken by consensus.
6. The Standing Concertation Committee will be able to make decisions on the matters mentioned in points (a), (b), (c) and (d) of Article 9. "ad referendum" of the Council of Ministers.
Article 11
Executive Secretariat
1. The Executive Secretariat is the main executive body of CPLP and has the following competencies:
a) Implementing the decisions of the Conference, the Council of Ministers and the Standing Concertation Committee ;
b) Planify and ensure the execution of CPLP programs ;
c) Participate in the organization of the meetings of the various CPLP bodies ;
d) Respond to the finances and the general administration of CPLP.
2. The Executive Secretariat is directed by the Executive Secretary.
Article 12
Executive Secretary
1. The Executive Secretary is a high personality of one of the CPLP's Member States, elected rotatively and for a term of two years, and may be renewed once.
2. They are principal competences of the Executive Secretary:
a) Entrepreneur, under the guidance of the Conference or the Council of Ministers or on its own initiative, measures to promote the objectives of the CPLP and to strengthen its operation ;
b) Name the staff to integrate the Executive Secretariat after consultation with the Standing Concertation Committee ;
c) Realize consultations and articulate itself with the Governments of the Member States and other institutions of the CPLP ;
d) Be custodian of the CPLP's heritage ;
e) Representation to CPLP on the outside pertinent ;
f) Exercer any other functions entrusted to it by the Conference, by the Council of Ministers or by the Standing Concertation Committee.
Article 13
Deputy Executive Secretary
1. The Deputy Executive Secretary is elected rotatively and for a term of two years, and may be renewed once.
2. The Deputy Executive Secretary will be of a nationality other than that of the Executive Secretary.
3. It is incumbent upon the Deputy Executive Secretary to co-adder the Executive Secretary in the performance of his / her duties and to replace it in cases of absence or impediment.
Article 14
Quorum
The quorum for the realization of all CPLP meetings and its institutions is at least five Member States.
Article 15
Decisions
The decisions of the organs of the CPLP and its institutions are taken by consensus of all the Member States.
Article 16
Internal Rules
CPLP's organs and institutions will define their own internal regiment.
Article 17
Provenance of the Funds
1. The funds of the CPLP come from the contributions of the Member States upon quotas to be fixed by the Council of Ministers.
2. A Special Fund is set up, dedicated exclusively to the financial support of the concrete actions carried out in the framework of the CPLP and consisting of voluntary, public or private contributions.
Article 18
Budget
1. The CPLP's operating budget extends from 1 ° July of each year to June 30 of the following year.
2. The budget proposal is prepared by the Executive Secretariat and, after approved by the Standing Concertation Committee, submitted for consideration and decision of each Member State by the end of March each year.
Article 19
Heritage
The CPLP's estate is made up of all goods, furniture or real estate, acquired, assigned or donated by any public or private persons and institutions.
Article 20
Amendment
1. The State or States concerned in any possible amendments to this Statute shall send in writing to the Executive Secretariat a notification, containing the proposed amendments.
2. The Executive Secretariat shall, without delay, communicate to the Standing Concertation Committee the proposals for amendments referred to in paragraph 1 of this Article, which shall submit them to the approval of the Council of Ministers.
Article 21
Input in Vigor
1. This Statute shall enter into force, provisionally, on the date of its signature and, definitively, after the completion of the constitutional formalities by all Member States.
2. This Statute shall be adopted by all Member States in accordance with their constitutional formalities.
Article 22
Depositary
The original texts of the Constitutive Declaration of the CPLP and this Statute shall be deposited in the Section of the CPLP, together with its Executive Secretariat, which will send certified copies of them to all Member States.
Made in Lisbon, on July 17, 1996.
