ACT 145 OF 1994
Official Journal No. 41,444, July 15, 1994
By means of which the "Convention of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean" is approved, signed in Madrid on 24 July 1992.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Constitutional Convention of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean", signed in Madrid on 24 July 1992.
FUND CONSTITUTIVE CONVENTION FOR THE
DEVELOPMENT OF AMERLCA INDIGENOUS PEOPLES
LATIN AND CARIBBEAN
United Nations 1992
The High Contracting Parties:
Convened in the city of Madrid, Spain, on the occasion of the Second Summit of the Ibero-American States on 23 and 24 July 1992;
Remembering the terms of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights;
Considering the international standards set forth in the International Labor Organization Convention on Indigenous and Tribal Peoples adopted by the International Labour Conference in 1989;
Adopt, in the presence of representatives of indigenous peoples of the region, the following Convention of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean:
ARTICLE 1o. OBJECT AND FUNCTIONS.
1.1 Object. The purpose of the Latin American and Caribbean Indigenous Peoples Development Fund, hereinafter referred to as the "Indigenous Fund", is to establish a mechanism to support the process of self-development of indigenous peoples, communities and organizations of Latin America and the Caribbean, hereinafter referred to as "Indigenous Peoples".
The expression "Indigenous Peoples" means indigenous peoples who are descended from populations living in the country or in a geographical region to which the country belongs in the time of conquest or colonization or the establishment of the present state borders and that, whatever their legal status, they retain all their own social, economic, cultural and political institutions, or part of them. In addition, the awareness of their indigenous identity should be considered as a fundamental criterion for determining the groups to which the provisions of this Constitutive Convention apply.
The use of the term Peoples in this Convention shall not be construed as having any implication as to the rights that may be conferred on the term in international law.
1.2 Functions. To achieve the realization of the object set forth in paragraph 1.1 of this article, the Indigenous Fund will have the following basic functions:
a) Provide an instance of dialogue to reach consensus on development policy formulation, technical assistance operations, programs and projects of interest to Indigenous Peoples, with the participation of the governments of the States of the region, governments of other States, resource providers and indigenous peoples themselves;
b) Canalize financial and technical resources for priority projects and programs, agreed with the Indigenous Peoples, ensuring that they contribute to creating the conditions for the self-development of these peoples;
c) Provide training and technical assistance resources to support institutional strengthening, management capacity, human resources training and information, and also the research of Indigenous Peoples and their organizations.
ARTICLE 2o. MEMBERS AND RESOURCES.
2.1 Members. Member States that deposit the instrument of ratification with the General Secretariat of the United Nations, in accordance with their constitutional requirements, shall be members of the Indigenous Fund. and in accordance with paragraph 14.1 of Article 14 of this Convention.
2.2 Resources. Constitutions of the Indigenous Fund shall be the contributions of the Member States, contributions from other States, multilateral, bilateral or national agencies of a public or private nature, donors institutional and net income generated by the activities and investments of the Indigenous Fund.
2.3 Contribution instruments. The contribution instruments will be protocols signed by each Member State to establish their respective commitments to contribute to the Indigenous Fund for the formation of the the assets of that Fund, in accordance with paragraph 2.4. Other contributions shall be governed by the provisions of Article 5o. of this Convention.
2.4 Nature of contributions. Contributions to the Indigenous Fund may be made in foreign currency, local currency, technical assistance and in kind, in accordance with the regulations dictated by the General Assembly. Local currency contributions must be subject to change rate and value maintenance conditions.
ARTICLE 3o. ORGANIZATIONAL STRUCTURE.
3.1 Indigenous Fund Bodies. The General Assembly and the Board of Directors of the Indigenous Fund.
3.2 General Assembly.
a) Composition. The General Assembly shall consist of:
(i) a delegate accredited by the Government of each Member State, and
(ii) a delegate of the Indigenous Peoples of each State of the region member of the Indigenous Fund, accredited by their respective Government after consultations with the indigenous organizations of that State.
(i) the decisions will be taken with the unanimous votes of the delegates of the States of the Member States of the Indigenous Fund, as well as with the majority of the affirmative votes of the representatives of other States Members and the majority of the affirmative votes of the delegates of the Indigenous Peoples.
(ii) in matters affecting Indigenous Peoples of one or more countries, the affirmative vote of their delegates will be required.
c) Regulation. The General Assembly will dictate its regulations and others it deems necessary for the functioning of the Indigenous Fund.
d) Functions. They are functions of the General Assembly, not limited to them:
(i) formulate the general policy of the Indigenous Fund and take the necessary steps to achieve its objectives;
(ii) approve the basic criteria for the elaboration of plans, projects and programs to be supported by the Indigenous Fund;
(iii) approve the status of Member, in accordance with the stipulations of this Convention and the rules established by the General Assembly;
(iv) approve the annual program and budget and the periodic management statements of the Indigenous Fund resources;
(v) elect the members of the Board of Directors referred to in paragraph 3.3 and delegate to that Council the powers necessary for the functioning of the Indigenous Fund;
(vi) approve the technical and administrative structure of the Indigenous Fund and appoint the Technical Secretary;
(vii) approve special agreements that allow non-member states, as well as public and private organizations, to cooperate with or participate in the Indigenous Fund;
(viii) approve any amendments to the Constitutive Convention and submit them to the ratification of the Member States, where appropriate;
(ix) terminate the operations of the Indigenous Fund and appoint liquidators.
e) Meetings. The General Assembly shall meet in an ordinary and extraordinary manner, as often as is necessary, on its own initiative or at the request of the Board of Directors, in accordance with the procedures laid down in the Rules of Procedure of the Assembly. General.
3.3 Board of Directors.
a) Composition. The Board of Directors shall be composed of nine members elected by the General Assembly, representing in equal parts the governments of the States of the region. Members of the Indigenous Fund, the Indigenous Peoples of these same Member States and the governments of the other Member States. The term of office of the members of the Board of Directors shall be two years.
(i) the decisions will be taken with the unanimous votes of the delegates of the States of the Member States of the Indigenous Fund, as well as with the majority of the affirmative votes of the representatives of other States Members and the majority of the affirmative votes of the delegates of the Indigenous Peoples;
(ii) the decisions of the Board of Directors that involve a particular country will also require, for its validity, the approval of the Government of the State concerned and the beneficiary Indigenous People, through the most appropriate mechanisms.
c) Functions. In accordance with the rules, regulations and guidelines approved by the General Assembly, they are the functions of the Board of Directors:
(i) propose to the General Assembly the supplementary regulations and standards for the fulfilment of the objectives of the Indigenous Fund, including the Council Regulation;
(ii) appoint its President to its President, by means of the voting mechanisms set out in the numeral 3.3 (b);
(iii) adopt the necessary provisions for compliance with this Convention and the decisions of the General Assembly;
(iv) assess the technical and administrative needs of the Indigenous Fund and propose measures for the General Assembly;
(v) administer the resources of the Indigenous Fund and authorize the hiring of credits;
(vi) raise to the consideration of the General Assembly the annual program and budget proposals and the periodic management states of the resources of the Indigenous Fund;
(vii) consider and approve programs and projects eligible for support from the Indigenous Fund, in accordance with its objectives and regulations;
(viii) manage and provide technical assistance and support necessary for the preparation of projects and programmes;
(ix) to promote and establish mechanisms for concertation among the Member States of the Indigenous Fund, cooperating and beneficiary entities;
(x) propose to the General Assembly the appointment of the Technical Secretary of the Indigenous Fund;
(xi) temporarily suspend the operations of the Indigenous Fund until the General Assembly has the opportunity to examine the situation and take appropriate action;
(xii) exercise the other privileges conferred upon it by this Convention and the functions assigned to it by the General Assembly.
d) Meetings. The Board of Directors will meet at least three times a year, in the months of April, August and December and extraordinarily, when deemed necessary.
ARTICLE 4. ADMINISTRATION.
4.1 Technical and administrative structure.
(a) The General Assembly and the Board of Directors shall determine and establish the technical and administrative management structure of the Indigenous Fund, in accordance with Articles 3.2 (d) (vi) and 3.3 (c) (iv) and (x). This structure, hereinafter referred to as the Technical Secretariat, will be composed of highly qualified personnel in terms of professional training and experience and will not exceed ten people, six professionals and four administrative staff. Additional staffing requirements for your projects may be resolved by hiring temporary staff;
(b) The General Assembly, if necessary, may extend or modify the composition of the Technical Secretariat;
(c) The Technical Secretariat shall operate under the direction of a Technical Secretary designated in accordance with the provisions referred to in paragraph (a) above.
4.2 Administration Contracts. The General Assembly may authorize the signing of administration contracts with entities that have the resources and experience required to carry out the technical, financial and administrative management of the Fund's resources and activities. Indigenous.
ARTICLE 5o. COOPERATING ENTITIES.
5.1 Cooperation with entities that are not members of the Indigenous Fund. The Indigenous Fund may sign special agreements, approved by the General Assembly, that allow States that are not Members, as well as local, national and international organizations, public and private, to contribute to the Fund's assets. Indigenous, participate in their activities, or both.
ARTICLE 6o. OPERATIONS AND ACTIVITIES.
6.1 Organization of operations. The Indigenous Fund will organize its operations through a classification of program and project areas, to facilitate the concentration of administrative and financial efforts and programming through periodic management of resources, which enable the concrete objectives of the Indigenous Fund to be met.
6.2 Beneficiaries. Programs and projects supported by the Indigenous Fund will directly and exclusively benefit the Indigenous Peoples of Latin American and Caribbean States that are Members of the Indigenous Fund or have signed a special agreement with the Fund. to permit the participation of the Indigenous Peoples of their country in their activities, in accordance with Article 5o.
6.3 Eligibility and Priority Criteria. The General Assembly shall adopt specific criteria that allow, in an interdependent manner and taking into account the diversity of the beneficiaries, to determine the eligibility of the applicants and beneficiaries of the operations of the Indigenous Fund and establish the priority of programmes and projects.
6.4 Financing Conditions.
(a) Taking into account the different and particular characteristics of the eventual beneficiaries of the programmes and projects, the General Assembly will establish flexible parameters to be used by the Board of Directors to determine the modalities of financing and establishing the conditions of implementation for each programme and project, in consultation with stakeholders;
b) In accordance with the criteria referred to above, the Indigenous Fund shall grant non-reimbursable resources, credits, guarantees and other appropriate financing arrangements, alone or combined.
ARTICLE 7o. ASSESSMENT AND MONITORING.
7.1 Assessment of the Indigenous Fund. The General Assembly will periodically evaluate the functioning of the Indigenous Fund as a whole according to the criteria and means it deems appropriate.
7.2 Evaluation of programs and projects. The development of programs and projects will be evaluated by the Board of Directors. Special consideration will be given to requests that will raise the beneficiaries of such programs and projects to the effect.
ARTICLE 8o. MEMBER RECALL.
8.1 Withdrawal Right. Any Member State may withdraw from the Indigenous Fund by written communication to the President of the Board of Directors, who shall notify the General Secretariat of the United Nations. The withdrawal shall have a final effect of one year from the date on which the notification was received.
8.2 Clearance of accounts.
a) The contributions of the Member States to the Indigenous Fund shall not be returned in cases of withdrawal from the Member State;
(b) The Member State that has withdrawn from the Indigenous Fund shall continue to be responsible for the sums owed to the Indigenous Fund and the obligations assumed with it before the date of termination of its membership.
ARTICLE 9o. TERMINATION OF OPERATIONS.
9.1 Terminating operations. The Indigenous Fund may terminate its operations by decision of the General Assembly, who shall appoint liquidators, determine the payment of debts and the allocation of assets in a proportional manner among its members.
ARTICLE 10. LEGAL STATUS.
10.1 Legal situation.
a) The Indigenous Fund will have legal personality and full capacity to:
(i) concluding contracts;
(ii) acquire and dispose of movable and immovable property;
(iii) accepting and granting loans and grants, granting guarantees, buying and selling securities, investing uncommitted funds for their operations, and making the financial transactions necessary for the fulfilment of their object and functions;
(iv) initiate judicial or administrative proceedings and appear on trial;
(v) perform all other actions required for the development of their functions and the fulfilment of the objectives of this Convention.
(b) The Fund shall exercise these capabilities in accordance with the legal requirements of the Member State in whose territory it carries out its operations and activities.
ARTICLE 11. IMMUNITIES, EXEMPTIONS AND PRIVILEGES.
11.1 Assignment of Immunities. Member States shall, in accordance with their legal arrangements, adopt the provisions necessary to confer on the Indigenous Fund the immunities, exemptions and privileges necessary for the fulfilment of their objectives and the achievement of their objectives. their functions.
ARTICLE 12. MODIFICATIONS.
12.1 Modification of the Convention. This Convention may only be amended by unanimous agreement of the General Assembly, subject where necessary, to the ratification of the Member States.
ARTICLE 13. GENERAL PROVISIONS.
13.1 Fund HeadquartersThe Indigenous Fund will be based in the city of La Paz, Bolivia.
13.2 Depositories. Each Member State shall designate its Central Bank as depositary so that the Indigenous Fund can maintain its availabilities in the currency of that Member State and other assets of the institution. In case the Member State does not have a Central Bank, it shall appoint according to the Indigenous Fund, some other institution for that purpose.
ARTICLE 14. FINAL PROVISIONS.
14.1 Signature and Acceptance. This Convention shall be deposited with the General Secretariat of the United Nations Organization, where it shall be open for the subscription of the representatives of the Governments of the States of the Region and other States wishing to be Members. of the Indigenous Fund.
14.2 Entry into force. This Convention shall enter into force when the instrument of ratification has been deposited in accordance with paragraph 14.1 of this Article, at least by three States of the region.
14.3 Reporting. Any Member State which has ratified this Convention may denounce it by means of the minutes addressed to the Secretary-General of the United Nations. The complaint shall not take effect until one year after the date on which it was registered.
4.4 Starting operations.
(a) The Secretary-General of the United Nations organization shall convene the first meeting of the General Assembly of the Indigenous Fund, as soon as this Convention enters into force in accordance with paragraph 14.2;
b) In its first meeting, the General Assembly shall adopt the necessary measures for the designation of the Board of Directors, in accordance with the provisions of Article 3o (a). and for the determination of the date the Indigenous Fund will start its operations.
ARTICLE 15. TRANSITIONAL PROVISIONS.
15.1 Interim Committee. Once this Convention has been signed by five States in the region, and without this generating obligations for States that have not ratified this Convention, an Interim Committee shall be established with composition and functions similar to those described for the Board of Directors in paragraph 3.3 of Article 3o. of this Convention.
15.2 Under the direction of the Interim Committee, a Technical Secretariat shall be established for the characteristics referred to in paragraph 4.1 of Article 4. of this Convention.
15.3 The activities of the Interim Committee and the Technical Secretariat shall be financed by voluntary contributions from the States that have signed this Convention, as well as contributions from other States and entities, through technical cooperation and other forms of assistance that States or other entities may manage with international organisations.
Made in the city of Madrid, Spain,
in a single original dated July 24
1992, whose Spanish, Portuguese texts
and English are equally authentic.
The undersigned Head of the Legal Office
of the Ministry of Foreign Affairs
That the present reproduction is a faithful photocopy taken from the certified text of the "Convention of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean", signed in Madrid on 24 July 1992, which rests on the Archives of the Legal Office of this Ministry.
Dada en Santafe de Bogota, D.C., a los twenty-un
(21) days of July 1993.
Chief Legal Officer,
MARTHA ESPERANZA RUEDA MERCHAN.
Executive Branch of Public Power
Presidency of the Republic
Santafe de Bogota, D.C.
Approved. Submit to the consideration of the Honorable
National Congress for Constitutional Effects.
(FDO.) CESAR GAVIRIA TRUJILLO
The Foreign Minister,
(Fdo.) NOEMI SANIN DE RUBIO.
ARTICLE 1o. Approve the "Constitutive Convention of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean", signed in Madrid on 24 July 1992.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention of the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean", signed in Madrid on 24 July 1992, was signed by 1o. of this Law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This Law governs from the date of its publication.
The President of the Honorable Senate of the Republic,
JORGE RAMON ELIAS NADER.
The Secretary General of the Honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the Honorable House of Representatives,
JOSE JATTIN SAFAR.
The Secretary General of the Honorable House of Representatives,
DIEGO VIVAS TAFUR.
Contact, publish, and execute.
Prior to your review by the Court
Constitutional in accordance with the provisions
in Article 241-10 of the Political Constitution.
Dada en Santafe de Bogota, D.C., on 13 July 1994.
CESAR GAVIRIA TRUJILLO.
The Minister of Government,
FABIO VILLEGAS RAMIREZ.
The Foreign Minister,
NOEMI SANIN DE RUBIO
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