1996 ACT 313
Official Journal No. 42,857 of 16 August 1996
384 2008 >
By means of which the "Constitutional Agreement of the Center of the South, signed in Geneva" is approved the 1o. of September 1994.
Having regard to the text of the "Constitutional Agreement of the Center of the South, signed in Geneva" on 1. of September 1994.
" SOUTH CENTER CONSTITUTIVE AGREEMENT
Developing States Parties to this Agreement:
Entrusting the work of the Southern Commission, including its report "The Challenge to the South", and welcoming the activities of the Southern Centre during the two (2) years of monitoring the Southern Commission;
Taking note of the recommendations made in "The Challenge to the South" and Resolution 46/155 of the General Assembly on the report of the Southern Commission, which invited governments and international organizations to contribute to the implementation of its recommendations;
Highlighting the need for close and effective cooperation among developing countries;
reaffirming the importance of establishing mechanisms to facilitate and foster South-South cooperation across the South;
You have agreed to the following:
1. The Parties to this Agreement shall constitute the Southern Center, hereinafter referred to as the "Center".
2. The Centre will be based in Geneva (Switzerland). The Centre shall be authorised to establish regional offices.
ARTICLE 2o. GOALS. 384 2008 > The Center's objectives will be as follows:
a) Promote South solidarity, South awareness and mutual understanding and understanding between countries and peoples of the South;
b) Promote various types of cooperation and South-South measures, as well as the links, collaboration networks and the South-South information exchange; cooperate to this end with the groups and persons concerned who wish and can exchange ideas or collaborate with the Center with a common goal;
c) Contribute to the collaboration at the level of the South for the purpose of promoting common interests and a coordinated participation of developing countries in international fora dealing with South-South and North-South 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 end, contribute to the democratization and strengthening of the United Nations and its systems of organizations;
e) To foster convergent views and approaches among the countries of the South with respect to global economic, political and strategic issues related to the new concepts of development, sovereignty and security;
f) Making constant efforts to establish and maintain links with proven people with proven experience and with intergovernmental and non-governmental organizations, particularly in the South and with academic and organizational bodies, as well as with national and international entities.;
g) Allow all developing countries and interested groups and persons to have access to the Centre's communications and the results of their work, whether or not they are a member, for use and for the benefit of the South, in accordance with the objective set out in this Article.
ARTICLE 3o. FUNTIONS. 384 2008 > To achieve your goals, the Center:
a) Proswill help to articulate the views of the South on major policy issues, for example by conducting concrete policy analyses, for which it will convene working groups and expert consultations, and through the development and maintenance of close cooperation and interaction with a network of institutions, organisations and individuals, especially in the South. In that context, the Centre shall promote the implementation of the proposed policies and measures in "The Challenge to the South" and review and update them where appropriate;
b) Generates ideas and practical proposals for examination, where appropriate, by the governments of the South, South-South cooperation institutions, intergovernmental and non-governmental organizations, and the wider community;
(c) It shall, within the limits of its capacity, its resources and its mandate, the new problems or events and the special needs or requests for advice on policies and technical and other support, The Group of 77, the Group of 15 and other entities, will be the Group of the 15 and the Group of the 15;
d) Perform those functions, among other things:
i) Elaborating and applying research and research analysis programs;
ii) Reuniting, systematizing, analyzing and disseminating relevant information on South-South cooperation, as well as North-South relations, multilateral organizations, and other issues of interest to the South;
iii) Facilitating access and giving wide dissemination to the results of their work and, whenever possible, to opinions and positions that echo the analysis and deliberations of institutions and experts from the South, through publications, the means of communication, electronic means and other appropriate means;
e) will make it widely, where appropriate, to participate in intergovernmental and non-governmental organizations, especially in the South, and academic and research bodies and other entities in their work and activities, complementing the capacity of the Centre and at the same time promoting cooperation and pooling of resources from all over the South.
ARTICLE 4. WORK METHODS. 384 2008 > The Center will perform its functions as follows:
a) The Center will be a dynamic and action-oriented mechanism for the service of the countries and peoples of the South. It shall enjoy full intellectual independence, on the basis of the precedent set by the Southern Commission and the Centre during the first two years of its work as a monitoring mechanism for that Commission;
b) The Centre shall act in a flexible and non-bureaucratic manner and shall give continuity and development to the working methods initially used by the Southern Commission. The functions and structure of the Centre shall be reviewed regularly to meet new needs and to adapt the structure and working methods of the Centre to new realities;
c) The Centre shall carry out its work with transparency and remain an independent body focused on substantive issues.
ARTICLE 5o. Members. 384 of 2008 > Members of the Centre may be members of all developing countries that are members of the Group of 77 and China, which are listed in the Annex, as well as other developing countries when the Council of Representatives considers that they meet the necessary conditions for membership.
ARTICLE 6o. ORGANOS. 384 of 2008 > The Center will consist of a Council of Representatives, a Board and a Secretariat.
ARTICLE 7o. THE COUNCIL OF REPRESENTATIVES. 384 of 2008 >
1. The Council of Representatives, hereinafter referred to as the 'Council', shall be the highest authority established under this Agreement. It shall be composed of one representative of each Member State. The representatives will be distinguished personalities for their spirit of delivery 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 serve for a period of three (3) years and may be re-elected. The Convener shall convene the Council meetings and shall chair them.
3. The Council shall meet at least once every three (3) years in ordinary session. The Convener may convene extraordinary meetings at the request of one third of the members.
4. The Council will prepare and approve its regulation.
5. The Council will examine past, present and future activities of the Centre. In particular, it will provide general advice and make concrete recommendations on the future activities of the Centre. In addition, it shall carry out all other functions entrusted to it in this Agreement.
6. The Council shall examine the annual reports of the Executive Director, the work and the fundraising programmes of the Centre and the budgets and accounts presented to it by the Board in accordance with Article X.
7. The Council shall endeavour to take its decisions by consensus. Where all efforts to reach a consensus have been exhausted and no agreement has been reached, the Council, as a last resort, shall take decisions by a two-thirds majority of its members present and voting. The State Party shall have a vote in the Council.
8. The views expressed during the meetings of the Council, as well as the recommendations of the Council, shall serve as guidance to the Board and the Executive Director for the planning and implementation of the next stage of the Council's activities. Centre, taking full account of the need for the Centre to be always free of charge and deficit.
ARTICLE 8o. THE JUNE. 384 2008 >
1. The Board of the Centre, hereinafter referred to as 'The Board', shall be composed of nine (9) members appointed by the Council and one chairman. The composition of the Board will reflect a broad geographical balance between the countries of the South.
Following extensive consultations with the members of the Council and the Board and with other personalities from the South, the President will submit to the Council a list of candidates for Board members.
2. The term of office of the members of the Board shall be three (3) years.
Under no circumstances shall a member of the Board be appointed for more than three consecutive periods. The members of the Board shall be in a personal capacity. They must enjoy the highest esteem for their integrity and their personal qualities, as well as a great professional and intellectual prestige in their respective fields of competence, and will have an active participation in the promotion of the development and South-South cooperation.
3. The Council shall adopt an appropriate formula to ensure the continuity and modification of the composition of the Board, as well as measures to cover vacancies occurring on the Board by death or resignation.
4. The Chair of the Board shall be elected by the Board from a list of candidates shortlisted by the Board after consultation with the members of the Board and with other institutions and personalities from the South. Candidates for the consideration of the Council must have a recognised intellectual independence, an outstanding experience, intellectual capacity and command skills. The term of office of the President shall be three (3) years.
Under no circumstances will the President be able to serve for more than three (3) consecutive terms.
5. The Board shall meet at least once a year in ordinary session. Its President may convene extraordinary meetings.
6. The Board shall prepare and approve its Rules of Procedure.
7. The Board shall examine and approve the annual report of the Executive Director, the Centre's work programme, the fundraising programme, the budget and the annual accounts, the audit of which shall be carried out by an external auditor. Following its approval, the Board shall submit to the Council the annual report, the work programmes and the collection of funds, budgets and accounts.
8. The Board shall appoint the Executive Director referred to in paragraph 1. of Article IX.
9. The Board shall, in addition, perform any other functions entrusted to it in this Agreement or delegated to it by the Board.
10. Where appropriate, other persons from the South may be invited to attend meetings of the Board.
11. The Board shall endeavour to take its decisions by consensus. If all the attempts made to this end fail and it is not possible to reach an agreement, the Board will take its decisions, as a last resort, by a simple majority of the members present and voters. In the event of a tie in the vote, the Chair of the Board shall have the vote of quality.
ARTICLE 9o. THE SECRETARIAT. 384 2008 >
1. The Secretariat of the Center will be led by the Executive Director, who will be a Southern person of recognized prestige, and integrated by a small team of experienced and committed collaborators.
2. The Secretariat will cooperate with a worldwide network of institutions and individuals. The number of persons working in it shall be kept to the minimum necessary for the proper performance of the functions of the Centre.
3. The Secretariat shall assist the Chair of the Board, the Board and the Board in the performance of their duties. In particular, it shall undertake the necessary substantive work to achieve the objectives and functions of the Centre, and the Executive Director shall work closely with the Chair of the Board. The Secretariat shall also draw up the annual report of the Executive Director referred to in paragraph 6. Article VII and paragraph 7o. of Article VIII.
4. The Secretariat shall draw up a series of financial and administrative rules and a staff statute based on the practice of the United Nations. The Statute shall be submitted to the Board and shall be examined by the Council with a view to adopting it.
ARTICLE 10. FINANCIAL. 384 of 2008 >
1. The Board, in cooperation with its President and the members of the Council, shall 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. Member States are invited to make voluntary contributions to the funding of the Centre. In addition, the Centre will be empowered to accept contributions from other government and non-governmental sources, especially from the South, including international, regional and sub-regional sources, as well as from the private sector. It will be possible to try to obtain additional funds to deal with the cost of specific projects.
3. An appropriate part of the contributions shall be deposited in a fund created to generate income with which the activities of the Centre may be covered.
The fund's management will be managed by the Executive Director, who will be responsible for ensuring proper professional management of the fund and will be responsible for this management before the President of the Board, and through his intermediary, before the Board and the Council. An independent auditor shall annually check the accounts of the equity fund, as well as all the accounts of the Centre, which shall be approved by the Board and submitted to the Council in its regular sessions for examination.
4. The financial year shall be twelve (12) months, 1o. from January to 31 December, both inclusive. In accordance with paragraph 7o. Article VIII and paragraph 6o. Article VII shall submit to the Board and to the Council the budget for the following financial year and the accounts of the previous financial year which shall have been verified by the external auditor.
5. The Council shall examine the financial situation and the outlook of the Centre at each of its regular sessions.
1. The Centre shall have international legal personality. It will also have the capacity to conclude contracts, acquire and dispose of movable and immovable property and initiate court proceedings.
2. The Centre shall enjoy the immunities and privileges normally granted to intergovernmental organisations.
3. The Centre shall endeavour to conclude a host agreement on its status, privileges and immunities with the Swiss Government.
ARTICLE 12. INTERPRETATION. 384 of 2008 > Any divergence concerning the interpretation or application of the provisions of this Convention arising between the States Parties to the Agreement, and that the good offices of the Board or its President have not been able to resolve, shall be submitted to an arbitration panel appointed by the Board.
1. This Agreement shall be open to the signature of all the States of the South as defined in Article V of the 1o. to 27 September 1994 at the headquarters of the Centre of the South, in Geneva (Switzerland). The Agreement will subsequently be opened for signature at the United Nations Headquarters in New York from 30 September to 15 December 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 the Executive Director of the Center of its receipt.
ARTICLE 14. ACCESSION. 384 of 2008 >This Agreement shall be open for the accession of the States referred to in Article V. The instruments of accession shall be deposited with the Depositary.
ARTICLE 15. ENTRY INTO FORCE. 384 2008 >
1. This Agreement shall enter into force sixty (60) days after the date of receipt by the Depositary of the 10th instrument of ratification, acceptance, approval or accession, or of signature not subject to ratification, acceptance or approval.
2. For each contracting party that signs, ratifies, accepts or approves this Agreement or adheres to it after the deposit of the tenth instrument of ratification, acceptance, approval or accession, or signature not subject to ratification, acceptance or approval (final signature), the Agreement shall enter into force sixty (60) days after the final signature or deposit by that contracting party of its instrument of ratification, acceptance, approval or accession.
ARTICLE 16. RESERVATIONS. 384 of 2008 > No reservations may be made with respect to this Agreement.
ARTICLE 17. AMENDMENTS. 384 of 2008 >
1. Any State Party to this Agreement may make amendments thereto. A two-thirds majority of the Council will be required to approve any amendment.
2. The amendment shall enter into force for all States Parties to this Agreement when they have been accepted by all three quarters of the States Parties to the Agreement. The instruments of acceptance of the amendments shall be deposited with the Depositary.
ARTICLE 18. RETIREMENT. 384 of 2008 >
1. Any State Party to this Agreement may withdraw from the same prior 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. The withdrawal will be effective sixty (60) days after the Depositary receives the notification.
ARTICLE 19. TERMINATION. 384 of 2008 >
1. The Center shall exist until the Council, acting in consultation with the Board, decides its termination; and after that date, the time required to settle its obligations shall continue to exist.
2. Once all outstanding obligations of the Centre have been settled, the Council will take a decision on the disposal of all outstanding assets, with due consideration being given to the distribution of these funds among the contributors to the Centre. Center, and/or to use them to support South-South cooperation activities and non-profit development activities.
3. This Agreement shall expire after the Centre has been fully wound up.
ARTICLE 20. DEPOSITARY. 384 of 2008 > The Secretary-General of the United Nations shall be the Depositary of this Agreement.
IN TESTIMONY OF WHICH the undersigned representatives, duly authorized by their respective governments, have signed this Agreement.
FACT in Geneva, 1o. of September 1994,
in English, in a single copy.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D.C.
Approved. Submit to the honorable consideration
National Congress for Constitutional Effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(Fdo.) RODRIGO PARDO GARCIA-PENA.
ARTICLE 1A. 384 2008 > Approve the "Central South Central Agreement", signed in Geneva on 1o. of September 1994.
ARTICLE 2A. 384 2008 > In accordance with the provisions of Article 1o. of Law 7a. 1994, the "Constitutional Agreement of the Southern Center", signed in Geneva on 1. of September 1994, as laid down in Article 1 (1). of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3A. 384 2008 > This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
LUIS FERNANDO LONDONO CAPURRO.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
GIOVANNY LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Contact and post.
Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D.C., 12 August 1996.
ERNESTO SAMPER PIZANO
The Foreign Minister,
MARIA EMMA MEJIA VELEZ