ACT 313 OF 1996
Official Gazette No. 42,857 of 16 August 1996
Through which the "Articles of Agreement of the South Centre, signed in Geneva" on 1 approved. September 1994. Summary
THE CONGRESS OF COLOMBIA DECREES:
having regard to the text of the "Agreement Establishing the South Centre, signed in Geneva" 1o.
September 1994. "AGREEMENT ESTABLISHING THE SOUTH CENTRE Preamble
developing States Parties to this Agreement:
Commending the work of the South Commission, including its report" The Challenge to the South "and welcoming the activities of the South Centre during the two (2) years of follow-up of the South Commission;
Noting the recommendations in" the Challenge to the South "and the resolution 46/155 of the General Assembly on the report of the South Commission, in which governments and international organizations to contribute to the implementation of its recommendations inviting organizations;
Stressing the need for close cooperation and effective among developing countries;
Reaffirming the importance of establishing mechanisms to facilitate and promote South-South cooperation throughout the South;
have agreed as follows: ARTICLE 1o
eSTABLISHMENT aND HEADQUARTERS oF tHE ORGANIZATION. .
1. the parties to this Agreement come to establish the South Centre, hereinafter referred to as the "Center".
2. The Centre will be based in Geneva (Switzerland). It will authorize the Centre to establish regional offices.
. OBJECTIVES. The objectives of the Centre are:
a) To promote South solidarity, awareness South and mutual knowledge and understanding between the countries and peoples of the South;
B) promoting various types of cooperation and South-South measures and linkages, collaborative networks and South-South exchange information; cooperate in this regard with interested groups and individuals willing and able to exchange ideas or collaborate with the Centre with a common goal;
C) Contribute to level collaboration throughout the South for the purpose of promoting common interests and coordinated participation by developing countries in international forums dealing with South-South and North-South issues and other global problems;
D) Contribute to improving mutual understanding and cooperation between the South and the North on the basis of equity and justice for all and to this effect, contribute to the democratization and strengthening of the United Nations and their systems of organizations;
E) foster convergent views and approaches among countries of the South with respect to economic, political and strategic global related to new concepts of development, sovereignty and security;
F) Conduct ongoing efforts to establish and maintain links with interested individuals of proven experience and intergovernmental and non-governmental organizations, particularly the South and with academic bodies and organization as well as with national and international entities .;
G) Allow all developing countries and interested groups and individuals have access to communications of the Centre and the results of their work, regardless of whether or not members for the use and benefit of the South in their all in accordance with the objective set out in this Article.
ARTICLE 3. FUNCTIONS. To achieve its objectives, the Centre:
a) Provide assistance to articulate the views of the South on major policy issues, for example by undertaking concrete policy analysis, for which he will convene working groups and consultations expert, and by developing and maintaining a close cooperation and interaction with a network of institutions, organizations and individuals, especially in the South. In this context, the Center will promote the implementation of policies and measures proposed in "The Challenge to the South" and reviewed and updated as appropriate;
B) Generate ideas and practical proposals for consideration, where appropriate, by Southern governments, institutions of South-South cooperation, intergovernmental and non-governmental organizations and the community in general;
C) Respond, within the limits of its capacity, its resources and its mandate, new events and problems or special needs or requests for policy advice and technical support and other entities formulate South group, such as the Movement of non-Aligned Countries, the Group of 77 the Group of 15 and other entities;
D) Perform these functions, inter alia:
I) developing and implementing programs of research analysis and consultation;
Ii) Collecting, systematizing, analyzing and disseminating relevant information on South-South cooperation as well as North-South relations, multilateral organizations and other issues of concern to the South;
Iii) Facilitating access and to disseminate widely the results of its work and, whenever possible, to the opinions and positions that echo analysis and deliberations of South institutions and experts are made, through publications, media, electronic media and other appropriate means;
E) Make widely participate, as appropriate, intergovernmental and non-governmental organizations, particularly the South, and academic and research bodies and other entities in its work and activities, complementing the Center's capacity and while promoting cooperation and pooling of resources throughout the South.
ARTICLE 4. WORKING METHODS. The Centre carry out its functions as follows:
a) The Centre will be a dynamic mechanism and action-oriented to serve the countries and peoples of the South. He shall enjoy full intellectual independence, based on the precedent set by the South Commission and the Centre during the two (2) years of his work as a mechanism for monitoring the Commission;
B) The Centre will act in a flexible and non-bureaucratic way and give continuity and development of working methods initially used by the South Commission. The functions and structure of the Centre shall be regularly reviewed to meet the new needs and adapt the structure and working methods of the Centre to the new realities;
C) The Centre shall perform its work in a transparent and will remain an independent body focusing on substantive issues.
The 5th ITEM. MEMBERS. They may be members of the Center all developing countries that are members of the Group of 77 and China, which are contained in the ratio of the Annex as well as other developing countries when the Council of Representatives considers that fulfill the necessary conditions for membership .
ARTICLE 6o. ORGANS. The center will consist of a Council of Representatives, a Board and a Secretariat.
ARTICLE 7. THE COUNCIL OF REPRESENTATIVES.
1. The Council of Representatives, hereinafter called the "Council", will be the highest authority established under this Agreement. It shall consist of one representative of each Member State. The representatives are known for their spirit of giving personalities and their contribution to the development of the South and South-South cooperation.
2. The Council shall elect a convener from among its members, who shall hold office for a period of three (3) years and may be reappointed. The Convener convene Board meetings and preside.
3. The Council shall meet at least once every three (3) years in regular session. The Convenor may convene extraordinary meetings when requested by one third of the members.
4. The Council shall prepare and adopt its rules.
5. The Council will consider the past, present and future activities of the Centre. In particular, it will provide general advice and make concrete recommendations on future activities of the Centre. In addition, it performs all other functions assigned to it by this Agreement.
6. The Council shall review the annual reports of the Executive Director, the work and fundraising programs and budgets Center and accounts to submit to the Board, in accordance with Article X.
7. The Council shall endeavor to take its decisions by consensus. When you have exhausted all efforts to reach consensus and no agreement has been reached, the Council as a last resort, take decisions by a two-thirds majority of members present and voting. The State Party shall have one vote in the Council.
8. The views expressed during the meetings of the Council and the recommendations, will guide the Board and the Executive Director for the purposes of planning and implementation of the next stage of the Centre's activities, taking fully into account the need for the Centre is always free of encumbrances and deficits.
Article 8. BOARD.
1. The Board of the Centre, hereinafter referred to as "the Board", shall be composed of nine (9) members appointed by the Council and a president. The composition of the Board reflects a broad geographical balance among countries of the South.
After extensive consultations with members of the Council and the Board and other personalities from the South, the President shall submit for review and approval of the Council a list of candidates for members of the Board.
2. The mandate of the members of the Board will last for three (3) years.
Under no circumstances a member of the Board may be appointed for more than three consecutive terms. Board members shall serve in their personal capacity. They should enjoy the highest regard for his integrity and his personal qualities, as well as a great professional and intellectual prestige in their respective areas of competence, and counted to his credit with active participation in promoting development and South cooperation -South.
3. The Council will adopt an appropriate way to ensure continuity and change in the composition of the Board, as well as measures to fill vacancies occurring in the Board by death or resignation.
4. The Chairman of the Board shall be elected by the Council from a list of candidates selected by the Board after consultation with Council members and with other institutions and personalities from the South. Candidates who submit to the Council for consideration should have a recognized intellectual independence, an outstanding experience, intellectual ability and leadership. The mandate of the President shall have a duration of three (3) years.
Under no circumstances the President may serve for more than three (3) consecutive terms.
5. The Board shall meet at least once a year in ordinary session. Its Chairman may call special meetings.
6. The Board shall prepare and adopt its rules.
7. The Board will review and approve the annual report of the Executive Director, the Centre's work program, the fundraising program, budget and annual accounts, the check will be handled by an external auditor. Upon approval, the Board will present to the Council the annual report, work programs and fundraising, budgets and accounts.
8. The Board shall appoint the Executive Director referred to in paragraph 1o. Article IX.
9. The Board will play also any other functions entrusted to it by this Agreement or delegated to it by the Council.
10. Where appropriate, it may invite other people from the South to attend board meetings.
11. The Board shall endeavor to take its decisions by consensus. If all attempts fail for this purpose and it is not possible to reach an agreement, the Board shall take its decisions, as a last resort, by a simple majority of members present and voting. In the event of a tie vote occur, the Chairman shall have the casting vote.
Article 9. THE SECRETARY.
1. The Centre's Secretariat shall be headed by the Executive Director, who shall be a person of recognized prestige South, and composed of a small team of experienced and committed employees.
2. The Secretariat shall cooperate with a global network of institutions and individuals. The number of people working on it will be kept to the minimum necessary for the proper performance of the functions of the Center.
3. The Secretariat shall assist the President of the Board, the Board and the Council in the performance of their duties. In particular, it undertakes the necessary background work to achieve the objectives and functions of the Centre, and the Executive Director will work closely with the Chairman of the Board. The Secretariat will also prepare the annual report of the Executive Director alluded to in paragraph 6o. Article VII and the 7th paragraph. Article VIII.
4. The Secretariat will produce a series of financial and administrative rules and staff regulations based on the practice of the United Nations. The statute shall be submitted to the Board and will be examined by the Council with a view to adopting it.
ARTICLE 10. FINANCING.
1. The Board, in cooperation with its President and the members of the Council will be responsible for raising funds to meet the needs of the Centre with a view to achieving the objectives set out in Article II.
2. It invites Member States to make voluntary contributions to finance the United Center. The Centre is entitled to accept contributions from other governmental and non-governmental sources, especially in the South, including international, regional and subregional sources and the private sector. It may seek additional funds to meet the cost of projects specific programs.
3. an adequate part of the contributions will be deposited in a fund created to generate income to be allocated to meet the Centre's activities.
The fund management borne by the Executive Director, who is responsible for ensuring proper professional fund management and will be responsible for such management to the Chairman of the Board, and through it, to the Board and the Council. An independent auditor will check the accounts annually endowment, like all the Centre's accounts, to be approved by the Board and submitted to the Council at its regular sessions for consideration.
4. The financial year will last twelve (12) months, from 1. January to 31 December inclusive. In accordance with the 7th paragraph. Article VIII and paragraph 6o. Article VII shall be submitted to the Board and the Council budget for the following year and the previous year's accounts that have been audited by the external auditor.
5. The Council will consider the financial position and prospects of the Centre in each of its regular sessions sessions.
legal personality and capacity; Immunities and privileges.
1. The Centre shall have international legal personality. In addition, it has the capacity to contract, acquire and dispose of movable and immovable property and to institute legal proceedings.
2. The Centre shall enjoy the privileges and immunities commonly granted to intergovernmental organizations.
3. The Center seek to establish a headquarters agreement concerning their status, privileges and immunities, with the Swiss government.
ARTICLE 12. INTERPRETATION. Any question of interpretation or application of the provisions of this Agreement arising between States Parties to the Agreement and that the good offices of the Board or its Chairman have failed to resolve shall be submitted to an arbitration panel appointed by board.
ARTICLE 13. SIGNATURE DEFINITIVE SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL.
1. This Agreement shall be open for signature by all the Southern States as defined in Article V of 1o. the September 27, 1994 at the headquarters of the South Centre in Geneva (Switzerland). Thereafter this Agreement shall be open for signature at United Nations Headquarters in New York from September 30 to December 15 1994.
2. This Agreement shall be subject to:
a) Signature not subject to ratification, acceptance or approval (definitive signature);
B) Signature subject to ratification, acceptance or approval.
3. The instruments of ratification, acceptance or approval shall be deposited with the Depositary, who shall notify their receipt to the Executive Director of the Center.
ARTICLE 14. ACCESSION. This Agreement shall be open to accession by the States referred to in Article V. The instruments of accession shall be deposited with the Depositary.
ARTICLE 15. ENTRY INTO FORCE.
1. This Agreement shall enter into force sixty (60) days after the date of receipt by the Depositary of the tenth instrument of ratification, acceptance, approval or accession or signature not subject to ratification, acceptance or approval.
2. For each contracting party definitely sign, ratify, accept or approve this Agreement or accedes to it after the deposit of the tenth instrument of ratification, acceptance, approval or accession or signature not subject to ratification, acceptance or approval (definitive signature) the Agreement shall enter into force sixty (60) days after the definitive signature or deposit by the contracting party of its instrument of ratification, acceptance, approval or accession.
ARTICLE 16. RESERVATIONS. can not be made with respect to this Agreement.
ARTICLE 17. AMENDMENTS.
1. Any State Party to this Agreement may propose amendments to it. a majority of two thirds of the Council will need to approve any amendment.
2. The amendment shall enter into force for all States Parties to this Agreement have accepted when three-fourths of the States Parties to the Agreement. The instruments of acceptance of amendments shall be deposited with the Depositary.
ARTICLE 18. WITHDRAWAL.
1. Each State Party to this Agreement may withdraw from it by giving written notification to the Depositary. The Depositary shall inform the Executive Director of the Centre and the States Parties to the Agreement of any notification received.
2. Cash withdrawal sixty (60) days will be made after the Depositary receives the notification.
ARTICLE 19. TERMINATION.
1. The Center will exist until the Council, acting in consultation with the Board, decide its termination; and after that date, will continue to exist long enough to settle their obligations.
2. Once settled all outstanding obligations of the Centre, the Council will decide on the disposition of all remaining assets, giving due consideration to be distributed pro rata to those funds among contributors to the Center, and / or use them to support cooperation activities South -South and development activities nonprofit.
3. This Agreement will expire after full payment of the Centre.
ARTICLE 20. DEPOSITARY. The Secretary General of the United Nations shall be the Depositary of this Agreement.
IN WITNESS WHEREOF the undersigned representatives, duly authorized by their respective governments, have signed this Agreement.
DONE at Geneva, the 1st. September 1994
in English, in a single copy. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano
The Minister of Foreign Affairs,
(Sgd.) RODRIGO PARDO GARCÍA-PEÑA. DECREES
ITEM 1A. To approve the "Agreement Establishing the center of the South", signed in Geneva on 1.
September 1994. Article 2A. In accordance with the provisions of article 1. 7a Act. 1994, the "Agreement Establishing the South Centre", signed in Geneva on 1. September 1994, that article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3A. This law applies from the date of publication.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives, GIOVANNY
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on August 12, 1996.
Ernesto Samper Pizano Minister of Foreign Affairs,
VÉLEZ Maria Emma Mejia