Key Benefits:
1102 OF 2006
(December 6)
Official Journal No. 46.474 of 6 December 2006
CONGRESS OF THE REPUBLIC
By means of which the agreement is approved to establish the global development network, made in Dakar, Senegal, on January 23, 2005.
COLOMBIA CONGRESS
Having regard to the text of the "Agreement to establish the global development network", made in Dakar, Senegal, on 23 January 2005, which reads:
(To be transferred: photocopy of the full text of the International Instrument mentioned).
AGREED FINAL TEXT
December 1o 2004
AGREEMENT TO ESTABLISH THE GLOBAL DEVELOPMENT NETWORK
AGREEMENT TO ESTABLISH THE GLOBAL DEVELOPMENT NETWORK
Table of Contents
Introductory Article
Article i purpose and functions
Article ii definitions
Article iii situation and competencies
Article iv finance
Article v organization and administration
Section 1 structure
Section 2 assembly
Section 3 Board
Section 4 president and staff
Article vi central office
Article vii immunities and privileges
Section 1 purposes of the article
Section 2 position regarding the legal process
Section 3 immunity from seizure of goods
Section 4 file immunity
Section 5 freedom of goods restrictions
Section 6 communications privilege
Section 7 immunities and privileges of officers and staff
Section 8 Taxation immunities
Section 9 application of the article
Article viii interpretation
Article ix amendments
Item x dissolution
Article xi signature, ratification, acceptance, approval and accession
Article xiI entry into force
Article xiii complaint
Article xiv transition
Annex 1 regions and regional research networks
AGREEMENT TO ESTABLISH THE GLOBAL DEVELOPMENT NETWORK
The Parties under whose names this Agreement is signed agree to the following:
The Global Development Network (GDN: Global Development Network) is created as a public international organization, and will operate in accordance with the following clauses:
ARTICLE I. PURPOSE AND FUNCTIONS.
1. The purpose of GDN is to support high quality policy oriented research in the social sciences in order to promote development. To this end, GDN will foster cooperative efforts among socio-economic research institutions, individual researchers, policy makers and donors to encourage capacity building and networking, based on belief that high quality, policy-oriented research accelerates development.
2. To promote the purpose indicated in paragraph 1 of this article, the functions of GDN will include capacity building, networking, mobilizing funds and facilitating the coordination of donors, encouraging knowledge sharing, offering the quality certification and carry out needs analysis and program evaluation.
3. GDN will be guided in all its activities and decisions by the clauses of this Agreement and the following principles of management:
Independence: GDN will not be influenced, in any of its activities and decisions, by political considerations.
Opening: GDN will operate transparently and be responsive to the views of its members.
Effectiveness: GDN will work in a manner consistent with the effective realization of its purpose.
Democracy: GDN will bregate for wide representation and partitioning.
Plurality: GDN will encompass a diversity of disciplines and paradigms.
For the purposes of this Agreement:
(a) "Global Development Network, Inc." stands for Global Development Network, Inc. (Global Development Network), the non-profit predecessor organization created as a company without action under the laws of the State of Delaware, United States of America.
(b) "GDN" stands for Global Development Network, a public international organization created by this Agreement;
(c) "GDN Staff" means the President and other GDN employees;
(d) "GDN Officers" means Assembly Representatives and Board Directors;
(e) "Parties to this Agreement" means States and public international organizations that have signed, ratified, accepted, approved, or acceded to this Agreement;
(f) "States Parties" means the parts of the Agreement that are States.
(g) "Public international organisations" means any international organisation whose members are States, or other international organisations, or both.
(h) 'Communities of regional research' means research networks, research institutions, individual researchers and others, from each of the regions listed in the Annex to this Agreement, which are committed or interested in providing high quality support, and social science-oriented political research; and
(i) "Regional research networks" means the regional research networks listed in the Annex to the Agreement, the list should be reviewed by the Board of Directors periodically.
ARTICLE III. SITUATION AND COMPETENCIES.
1. The situation of GDN will be that of a public international organization.
2. GDN shall have full legal personality and shall enjoy those capabilities which may be necessary for the fulfilment of its purpose and the exercise of its functions. In particular, GDN will have the capability to:
(i) hire;
(ii) acquire and dispose of movable and immovable properties;
(iii) employ staff and advisors;
(iv) initiate and respond to legal acts;
(v) invest the money and the GDN properties, and
(vi) take any other measure that may be necessary to achieve the purpose of GDN.
1. GDN will obtain the financial resources necessary to carry out its activities through voluntary contributions and donations from the Parties to this Agreement and other persons, including governments, foundations and corporations, and also income generated by their investments or the sale of their publications or other products and services.
2. The Parties to this Agreement shall not be under any obligation to provide financial support to GDN.
ARTICLE V. ORGANIZATION AND ADMINISTRATION.
1. GDN is a global research network that operates primarily through regional research networks, and its activities will be open to the participation of regional research communities. No organization or person shall be excluded from participating in GDN's activities on the basis of race, gender, religion or culture.
2. The GDN organizational structure shall consist of an Assembly, a Board of Directors, a President, and any other staff that may be deemed necessary.
1. The following persons will be eligible to become Parties to this Agreement:
(a) any State that is a member of the United Nations or any of the specialized agencies of the United Nations; and
(b) any public international organization that has responsibilities in related fields.
2. No Party shall be liable, on the occasion of its signature and ratification of this Agreement or its accession to this Agreement, for actions, debts, liabilities or other obligations of GDN.
3. The Assembly shall consist of a Representative appointed by each Party in the manner determined by it. Each representative will serve until a new appointment is made. The Assembly shall elect a President and one or more Vice-Presidents from among its representatives.
4. The Assembly shall have the authority to:
(i) maintain overall monitoring of GDN activities with the idea of ensuring that GDN meets its purpose and performs its functions;
(ii) designate the first Board of Directors, and thereafter approve the designation criteria and the process for Board designations
Directive and monitor its implementation;
(iii) amend this Agreement;
(iv) invite new States and public international organizations to access this Agreement and determine the conditions for them to do so;
(v) suspend a Party; and
(vi) dissolve GDN and distribute its assets.
5. The general oversight role of the Assembly, referred to in paragraph 4 (i) of this Section, will include monitoring the advancement of GDN activities, assessing their long-term financing needs, considering their direction and strategy. future, provide guidance and recommendations for consideration by the Board of Directors, and approve the audited annual financial statements of GDN.
6. The Assembly shall meet every two years, and may meet more frequently if necessary, either on the initiative of a majority of the Representatives of the Assembly or at the invitation of the Board of Directors. The quorum for any Assembly meeting will be a majority of the Representatives.
7. The Assembly may adopt such regulations as may be necessary or appropriate for the conduct of its meetings.
8. The Representatives will serve as such without GDN compensation.
9. Each Representative shall have one vote. Except as otherwise specified in this Agreement, decisions shall be taken by a majority of the votes cast.
SECTION 3. BOARD OF DIRECTIVE.
1. The Board of Directors shall be responsible for directing GDN's general operations.
2. The Board of Directors shall consist of no less than sixteen and no more than twenty Directors, who shall be selected on the basis of their professional achievements in the field of social sciences and taken from the following groups:
(a) regional research communities;
(b) public international organizations and professional associations that have responsibilities in related fields; and
(c) any other relevant group, or to ensure broad regional and scientific coverage.
3. (a) According to its authority under Section 2, paragraph 4 (ii) of this Article, the Assembly shall designate the first Board of Directors, which shall consist of the eighteen members of the Board of Directors of Global Development Network, Inc.
(b) Following the appointment of the first Board of Directors by the Assembly, the Board of Directors may appoint two more Directors, in accordance with the nomination criteria and the process approved by the Assembly in accordance with Section 2, paragraph 4. (ii) of this article.
4. The Board of Directors shall be responsible for the appointment of the Boards of Directors and fill any vacancy that may arise in the Board of Directors, all in accordance with the criteria of designation and the process approved by the Assembly of Agreement. with Section 2, paragraph 4 (ii) of this Article.
5. The Directors will be appointed for a period of three years except that, with the idea of ensuring a gradual transition of their membership, the periods of the positions of the Directors of the first Board of Directors will be staggered to foresee that approximately one-third of the Directors will retire each year.
6. The Board of Directors shall meet the frequency that the GDN issues may require. The Board shall appoint a Chair of the Board and one or more Vice-Presidents. The quorum for any meeting of the Board of Directors shall be a majority of Directors.
7. The Board may designate the committees it deems appropriate. Membership in such commissions does not need to be limited to Directors.
7. The Board of Directors shall adopt the Statute and regulations that are necessary or appropriate for the conduct of GDN matters.
8. Each Director shall have one vote. Except where specifically provided otherwise in this Agreement, decisions shall be taken by the majority of the votes cast.
SECTION 4. PRESIDENT AND PERSONAL.
1. The Board of Directors shall choose a President who shall not be a Representative or a Director. The President may participate in meetings of the Assembly and the Board of Directors, but shall not vote in such meetings.
2. The President shall be the head of the operational staff of GDN and shall, under the direction of the Board of Directors, direct the current affairs of GDN. Subject to the general control of the Board of Directors, he or she shall be responsible for the organization, appointment or dismissal of officers and staff.
3. The President and the staff of GDN, during the performance of their duties, are entirely due to GDN and no other authority. Each Representative of the Assembly and each Director of the Board shall respect the international character of this duty and shall refrain from any attempt to influence any of them in the performance of their duties.
4. By designating the staff of GDN, the President, subject to obtaining the best qualified and experienced people, will make every effort to recruit staff in order to guarantee the diversity and balance of the geographical and the sciences social.
1. The GDN central office will be established in New Delhi, India, unless the Assembly, on the recommendation of the Board, decides to relocate the central office elsewhere.
2. GDN may establish additional offices in other locations as required to support its programs and activities.
ARTICLE VII. IMMUNITIES AND PRIVILEGES.
SECTION 1. PURPOSES OF THE ARTICLE.
In order to allow GDN to fulfill its purpose and to exercise the functions entrusted to it, the condition, immunities and privileges set forth in this Article shall be agreed to GDN in the territories of each State Party.
SECTION 2. POSITION REGARDING THE LEGAL PROCESS.
Lawsuits may be made against GDN only in a court of competent jurisdiction in the territories of a Member State Party in which GDN has an office and where it has designated an agent for the purpose of accepting a placement diligence or notification of the process. The property and property of GDN shall be, shall be located and in charge of whoever is, immune from any form of seizure, embargo or execution prior to the resolution of the final judgment against GDN.
SECTION 3. IMMUNITY FROM SEIZURE OF PROPERTY.
The property and property of GDN, wherever they are located and in charge of whomever are found, will be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive, administrative, judicial or legislative.
The GDN files will be inviolable.
SECTION 5. FREEDOM OF GOODS RESTRICTIONS.
To the extent necessary to conduct operations stipulated in this Agreement and subject to the clauses of this Agreement, all GDN property and property shall be free of restrictions, regulations, controls, and moratoriums of all kinds.
SECTION 6. PRIVILEGE FOR COMMUNICATIONS.
Each State Party shall agree to the official communications of GDN the same treatment as it agrees to official communications from other States.
SECTION 7. IMMUNITIES AND PRIVILEGES OF OFFICERS AND STAFF.
All GDN Representatives, Directors, and Staff
(i) shall be immune from legal action in relation to actions carried out by them in their official capacity, except where GDN renounces this immunity;
(ii) not being national citizens, they will be reminded of the same immunities of immigration restrictions, foreign registration requirements and national service obligations, and the same facilities with relations to foreign exchange restrictions. States Parties agree to the representatives, officers and employees of comparable rank of other States; and
(iii) will be granted the same treatment in relation to travel facilities that are agreed upon by the States Parties to representatives, officers and employees of comparable rank in other States.
SECTION 8. TAXATION IMMUNITIES.
1. GDN, its assets, property, revenues and its operations and transactions authorized by this Agreement, will be immune from all taxes and all customs duties. GDN will also be immune from liability for the collection or payment of any tax or tariff.
2. Except in the case of local citizens, no tax shall be imposed on wages, or on wages, and on emoluments paid by GDN to the staff of GDN.
SECTION 9. APPLICATION OF THE ARTICLE.
Each State Party shall take any action necessary in its own territories for the purpose of implementing, in terms of its own law, the principles laid down in this Article and shall inform GDN of the detailed measures it has taken. taken.
Any question of interpretation of the clauses of this Agreement that arises between any Party to this Agreement and GDN or between Parties to this Agreement shall be submitted to the Assembly for its decision, which shall be final.
This Agreement may be amended by the Assembly by a majority vote of three-quarters of all Representatives, provided that:
(i) the proposed amendments have been considered and recommended by the Board of Directors; and
(ii) a notification of such amendment, along with its full text, has been sent to all Parties to this Agreement at least one hundred and twenty days in advance of the date set for a vote on the proposed amendment.
1. GDN may be dissolved by a majority of three-quarters of all Assembly Representatives if it is determined that GDN no longer serves its purpose and is effectively exercising its functions. Notice of such dissolution, together with a full explanation of the reasons why GDN no longer serves its purpose nor is exercising its functions, shall be sent to the Parties in this agreement at least one hundred and twenty days in advance to the date set for the vote on the dissolution proposal.
2. In the event of dissolution, all GDN assets that subtract after the payment of their legal obligations will be distributed to institutions that have similar purposes to those of GDN, as decided by the Assembly, based on the recommendation of the Board of Directors.
ARTICLE XI. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION.
1. This Agreement will be open initially for the signature of States and public international organizations for a period of two years from January 23, 2005. States and public international organizations which have not signed it during the first two years may, at the invitation of the Assembly formulated in accordance with Article V, Section 2, paragraph 4 (iv), become Parties to this Agreement. Agreement depositing an instrument of accession.
2. The Government of the Republic of India shall be the Depositary of this Agreement.
3. Ratification, acceptance, approval or accession to this Agreement shall be performed by the Parties in accordance with their own laws, statutes, regulations and procedures.
ARTICLE XII. ENTRY INTO FORCE.
This Agreement shall enter into force immediately upon receipt by the Depositary of the notifications of three Parties to this Agreement in the sense that the formalities required by the national legislation or the corporate approval procedures of those Parties in relation to the ratification, acceptance or approval of this Agreement.
Any Party to this Agreement may report it at any time by written note sent to the Depositary. The denunciation shall take effect 90 days after the date on which such a note is received by the Depositary.
Upon entry into force of this Agreement, GDN will take all necessary steps to acquire the rights, obligations, concessions, property and interests of Global Development Network, Inc.
IN FE OF THE CUAL, the undersigned duly authorized to do so have subscribed to this Agreement in original and English language.
Made in Dakar, Senegal on January 23, 2005.
REGIONS AND REGIONAL RESEARCH NETWORKS.
| Region | Regional research network |
| Commonwealth of Independent States | Center for Economic Research and Teaching, Moscow, Russian Federation |
| Asia. Eastern | East Asia Development Network, Bangkok, Thailand |
| Eastern and Central Europe | Center for Research and Postgraduate Education in Economics-Economics Institute, Prague, Czech Republic |
| Japan | GDN-Japan, Tokyo, Japan |
| Latin America and the Caribbean | Latin American and Caribbean Economy Association Buenos Aires, Argentina |
| Middle East and North Africa | Economic Research Forum for Arab Countries, Iran and Turkey, Cairo, Egypt |
| North America | GDN-North America, Washington, D. C., United States |
| South Asia | South Asia Network of Economic Research Institutes, Islamabad, Pakistan |
| South Pacific | Oceania Development Network, Suva, Fiji |
| Sub-Saharan Africa | African Economic Research Center, Nairobi, Kenya |
| Western Europe | European Development Research Network, Bonn, Germany |
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., October 21, 2005
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(FDO.) CAROLINA BOAT ISAKSON.
DECRETA:
Article 1o. I endorsed the "AGREEMENT TO ESTABLISH THE GLOBAL DEVELOPMENT NETWORK", made in Dakar, Senegal, on 23 January 2005.
Article 2o. In accordance with the provisions of Article 1 of the 7th Act of 1944, the "AGREEMENT TO ESTABLISH THE GLOBAL DEVELOPMENT NETWORK", made in Dakar, Senegal, on 23 January 2005, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to the link is improved.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D.C., a los ...
Presented to the Honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Finance and Public Credit.
The Foreign Minister,
CAROLINA BOAT ISAKSON.
The Minister of Finance and Public Credit.
ALBERTO CARRASQUILLA BARRIER.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., October 21, 2005
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(FDO.) CAROLINA BOAT ISAKSON.
DECRETA:
ARTICLE 1o. Approve the "AGREEMENT TO ESTABLISH THE GLOBAL DEVELOPMENT NETWORK", made in Dakar, Senegal, on January 23, 2005.
ARTICLE 2o. In accordance with the provisions of Article 1 or Law 7a. In 1944, the "AGREEMENT TO ESTABLISH THE GLOBAL DEVELOPMENT NETWORK", made in Dakar, Senegal, on January 23, 2005, which by the article first of this Law is approved, will force the country from the date it is perfect the international link with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
DILIAN FRANCSCA TORO TORRES.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
ALFREDO APE NECK BAUTE.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 6 December 2006.
ALVARO URIBE VELEZ
The Foreign Minister,
MARIA CONSOLATION ARAUJO CASTRO.
