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Law No. 176 Of 4 November 1997

Original Language Title:  LEGE nr. 176 din 4 noiembrie 1997

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LEGE no. 176 176 of 4 November 1997 for the accession of Romania to the Statute of the Conference of the Ministers of Education of the States jointly having the use of the French language-CONFEMEN, adopted by resolution 94-46-01, Yaounde-
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 309 309 of 13 November 1997



The Romanian Parliament adopts this law + Article UNIC Romania adheres to the Statute of the Conference of Ministers of Education of states that have in common the use of French-CONFEMEN, adopted by Resolution 94-46-01, Yaounde-July 1994. This law was adopted by the Senate at the meeting of September 4, 1997, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of October 6, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN + CONFEMEN* STATUS) Note * *) Translation. + Title I CONFEMEN function-Fundamental principles + Article 1 The institution referred to as the Conference of Ministers of Education of countries jointly using the French language, hereinafter referred to as CONFEMEN, and having the vocation to receive within or all the member countries of the Francophone Community is created between states and adherent governments. This text is the status. The list of CONFEMEN members is shown in the Annex + Article 2 CONFEMEN headquarters is in Dakar. The seat can be transferred to any member country. + Article 3 CONFEMEN acts through the joint will of cooperation of the participating countries, in order to lucidly define the objectives and to rigorously order the means, in order to integrate the national educational systems in the process of development economic and social. CONFEMEN thus constitutes a structure of information, reflection and concertation between the ministers of education. + Article 4 Mutual information will focus, in particular, on the evolution of educational systems, ongoing or expected national reforms, difficulties encountered, and positive results. + Article 5 The reflection that will be established on the themes of common interest may require the bringing together of technical committees and may lead to the making of summary documents. The resulting recommendations, fuelling national, regional and international education policies, can lead to CONFEMEN's own operations or actions carried out in cooperation with regional or international bodies, targeting objectives similar or complementary. + Article 6 The concertation must allow the ministers of education, who have in common the use of the French language, the development of common positions, which they will exhibit in the courts of international bodies, especially those of the Francophonie. + Title II Member Countries-Adhesion procedures + Article 7 CONFEMEN consists of the ministers of the member countries, tasked with education and training at different levels of education. The working language of CONFEMEN is French. + Article 8 Any country in which the French language is the official language, language of work or language of communication may require its admission as a full member in CONFEMEN. CONFEMEN shall decide, on the occasion of the general session, on the applications for accession which it has received between the sessions. + Article 9 Any country in which the French language is the official language, language of work, the language of communication may be admitted as an observer to the works of CONFEMEN either on the basis of a request addressed to the incumbent President or on the basis of the invitation of the host country. + Article 10 The quality of the Member State shall be lost by the resignation notified to the President-in-Office or by the exclusion of CONFEMEN and notified by the President + Title III CONFEMEN Courts + Article 11 The CONFEMEN courts are: -ministerial conference, hereinafter referred to as the conference; --office; -national correspondents; -administrative and financial commission. The Office shall be the executive body. It shall support the permanent technical secretariat provided for in Title VIII for that purpose. + Article 12 The conference normally holds one session, every 2 years, in a member country, which issued the invitation to the previous session. She will meet before the Ministerial Conference of Foreign Affairs and Francophonie, to which she will directly convey her conclusions. The periodicity of this court may, however, be reviewed, if the member countries so decide, for reasons, in particular of material and financial costs which they train or to take into account the working calendar of the courts. Francophonie. + Article 13 The material organization of the conference, as well as the organization and functioning of the secretariat, on the occasion of the sessions, shall return to the host country, assisted by the In relation to the permanent technical office and secretariat, the host country shall: -fix the date of the session it organises; -launch invitations to participate in the session; -establish the conference's stay programme; -to create a national organizing committee; -fix, for each country, the number of delegates for which it will bear the expenses; --establish the list of international guest bodies. + Article 14 Education ministers normally lead their country's delegation to the general session. Member countries may, if their minister is prevented from attending, be represented by another ministerial personality or a senior official mandated in accordance with the procedure. Instead, no member country can represent another country, nor decide in its place. + Article 15 The quorum is made up of most of the member countries that announced their participation in the session. This quorum is indispensable to the validation of deliberations. This rule applies to the general session as well as to all CONFEMEN courts. + Article 16 The agenda of each conference shall allow: -debate on the issues relating to the assessment of national educational systems and the study of the experiences carried out or to follow, in relation to international bodies, for similar or complementary objectives with those of CONFEMEN; --pronunciation: . on the axis of orientation of education-training programming, subject to the approval of high-level meetings; . on the programme of activities between sessions, prepared by the office and, in advance, studied by the meeting of national correspondents; and . on the issues that will be subject to studies, by working groups, at the request of the office or a previous conference; -examination of the aspects of the operation of CONFEMEN itself: . reports of activities of the President whose mandate has expired and of the Secretary-General; . report of the censors and the meeting of national correspondents; . applications for accession; . the renewal of the conference office and, if necessary, of the agents made available to the permanent technical secretariat. + Article 17 The draft agenda is set by the Permanent Technical Secretariat, under the guidance of the President-in-Office, and subject to the members of He is then addressed to the members by the Permanent Technical Secretariat. Any member can then ask for additional issues on the agenda. In this case, the members and the permanent technical secretariat shall, as far as possible, be given the presentation report required for the examination of the additional problems, at least one month before the opening date of the conference. The Permanent Technical Secretariat shall prepare, on the basis of the provisional agenda and the list of additional problems, a revised agenda. After the opening of the conference and after hearing the activity report of the President-in-Office, the President of the new Office shall submit the revised agenda to the On this occasion, certain non-state issues can be taken off the agenda, based on a decision of the conference. + Article 18 Apart from the opening and closing ceremonies, at which the host country of the conference invites personalities, at its election, the debates are held only in the presence of the official delegations of the member countries and of the invited observers, of the bodies international, as well as the responsibilities of the permanent technical secretariat. The conference can, however, according to the ways it sets out for each case, to decide that the meetings should be held with closed doors, in order to debate certain issues. The decisions taken on this occasion can be communicated at the plenary session, without the subject of discussion. + Article 19 In all CONFEMEN deliberations, the vote is, as far as possible, replaced by consultations, in order to reach a consensus. + Title IV CONFEMEN Office + Article 20 The office consists of 9 members, including 5 ministers representing the countries of the South and 4 ministers representing the states and governments of the North. They are members of law: the president-the minister of the host country of the conference, the dean-the oldest minister in office, the 2 vice presidents-the country's minister who hosted the last conference and the host country minister of the upcoming conference. They are chosen by the conference: the general rapporteur and the 4 members. At the beginning of each conference, its dean invites his colleagues to rule on the appointment of the bureau members. The Bureau was watching for the work of CONFEMEN. Between sessions he has as his mandate: 1. implement the decisions retained by the conference, supporting, for this purpose, the permanent technical secretariat; 2. to rule: . on the state of the budget execution of the year ended; .. on all possible modification decisions; 3. to carry out or make it possible to carry out any study of a nature to continue and to develop the reflections and debates of the conference and to allow the orientation of the programming in terms of education and training of Francophonie; 4. to identify, for the activities of CONFEMEN, new means at the same time human, material and financial; 5. intensify the relations with the countries and bodies involved or interested in the conference, in particular with the Francophonie courts; 6. to initiate any action aimed at broadening it with other countries fulfilling the statutory conditions of accession; 7. enhance the audience, credibility and effectiveness of the conference; 8. to watch for the independence of the conference and its courts. The Bureau shall meet once a year on the basis of the convocation of its chairman. He treats any issue regarding the conference activities. When necessary, the office may be convened in extraordinary session, at the request of the President or two of its members. + Article 21 The President shall conduct the debates and ensure compliance with the statutory provisions. He makes known to the president of the conference, as soon as possible, the orientation and definition of the general parameters of the education and training programming, to be transmitted to the high-level conference. The President may entrust special missions to any member of the bureau. As soon as possible, he shall inform the office of such missions and of the actions he has taken personally. The President shall convene and conduct meetings of the Office It shall, for the performance of its mission, have the services of the Permanent Technical Secretariat Between conferences, he watches the execution of secretarial-led tasks, which regularly inform him of his work. The President may convene the Secretary-General of the Permanent Technical Secretariat when necessary. + Article 22 The first vice presidency is attributed to the country's minister who will host the session immediately after The second vice presidency is assumed by the country's minister who will host the subsequent session. The third vice presidency is assigned to the Minister of a member country, based on the decision of the Its mandate lasts from the time of election until the next session opens. The Vice-Presidents shall assist the President, in his or her positions, and shall, where appropriate, be able to supplement him. In this case, the vice president who provides the interim president has the same powers as the president. + Article 23 The President whose term of office has expired shall become a law member of the Office for a period of 2 years. + Article 24 The rapporteur-general, the minister of a non-member country of the bureau, is elected by the general session. Its mandate lasts from the time of election until the next session opens. The rapporteur-general shall be assisted in his work by the Permanent Technical Secretariat. + Article 25 Each Minister of Education shall designate a national correspondent among his senior officials and shall inform about this permanent technical secretariat as soon as possible. The number of national correspondents may vary depending on existing structures in the different countries. Close to the ministerial authorities, the national correspondent must have a centre position and access to different services, in order to be able to act quickly and effectively. It is desirable that the person invested with this responsibility can practice it for a sufficiently long period, so that he can ensure the continuity of his activity. + Article 26 The national correspondent is the privileged interlocutor of the permanent technical secretariat. In that capacity, he shall receive from the permanent technical secretariat the copy of any correspondence of an administrative and technical nature addressed to the authorities of his country. He studies resolutions, to make known to the minister or the possibilities to apply them in his country, and ensures the application of the decisions taken. It broadcasts the interested services any information and documentation useful to its operation. He is the depositary, in his country, of the information and documentation coming from the permanent technical secretariat, to which he addresses all the information relative to the educational system in his country, likely to interest the other member countries. He collaborates closely with the permanent technical secretariat for international meetings organized by CONFEMEN in his country. It may be requested by the President of the Office to participate in the activities of the restricted working groups and shall be instructed by the Office or the Conference to study all matters by taking the actions of CONFEMEN. + Article 27 National correspondents shall meet on the basis of convening the permanent technical secretariat on the eve of each conference. On the occasion of this meeting, they shall hear the Secretary-General's report on the stage of implementation of the current programme and of the administrative and financial committee They present the report of their activities and study the expected agenda for the ministerial conference, as well as the programme between the sessions and any improvements to the functioning of the conference. In case of need, the acting president can convene them at an extraordinary meeting. + Article 28 The presidency of the national correspondents ' meeting lies with the host country; it is normally practiced by its national correspondent. The President shall be assisted in his duties by a Vice-President, a Rapporteur and a Deputy Rapporteur, who shall be chosen according to the circumstances. + Title VII Technical committees + Article 29 The administrative and financial commission shall consist of national correspondents of the Member States of the Office. Convened, annually, by the President of the Office, the committee listens to the report of the censors, examines the draft budget of the following financial year, established by the permanent technical secretariat before being submitted to the office, and addresses recommendations Bureau. + Article 30 The conference and, between sessions, the CONFEMEN office can entrust some task groups with the task of studying some particular problems and reporting them in a fixed period. + Title VIII Permanent technical secretariat + Article 31 CONFEMEN shall have a secretariat, referred to as the Permanent Technical Secretariat (STP). The rules and procedures for the management of the permanent technical secretariat shall be set out in the administrative and financial rules. This Regulation may be amended in accordance with the provisions laid down for the revision of the statutory 49. + Article 32 The permanent technical secretariat consists of: a general secretary, staff assigned, service personnel, according to the organization scheme and the modalities provided by the administrative and financial regulation. + Article 33 The government of the country where the premises is located shall provide the premises to the permanent technical secretariat + Article 34 The staff of the permanent technical secretariat shall be appointed by the general session of the CONFEMEN, after the publication of the posts provided for, the definition of the profile of these posts and the determination of the In the event of an unforeseen holiday, the office shall be empowered to take the interim provisions indispensable to the proper functioning of the permanent technical secretariat. The general secretariat is appointed under the same conditions as the staff employed, but on the basis of the proposal of the country where the seat is located, for a duration of 4 years, which can be renewed only once. If the post is vacant or in the event of a difficulty placing the Secretary-General in impossibility to act, the government of the country where the seat is located shall be empowered to designate an interim Secretary-General. + Article 35 The remuneration of the staff employed, affected by the permanent technical secretariat, shall be the responsibility of the States which make this staff available to CONFEMEN, except as otherwise provided for in the Administrative and Financial Regulation. Service personnel recruited in the country of establishment by the Secretary-General shall be remunerated from the operating budget of the Permanent Technical Secretariat. + Article 36 Members of the Permanent Technical Secretariat shall exercise exclusively international functions. Consequently, they will not ask, nor will they receive instructions from a government, nor from another authority outside the conference. All its members undertake to respect the international character of the functions of the members of the secretariat and under no circumstances will they seek to influence them in the performance of their functions. In the exercise of their functions, the members of the permanent technical secretariat maintain, with the government of the country where its seat is located, relations defined by the convention or by any other way approved by the conference. Members of the Permanent Technical Secretariat undertake to avoid any activity of a political, national or international nature, incompatible with the independence and impartiality of their functions or likely to compromise neutrality. to one or another of the member countries. The Conference shall assess to what extent the external activities may be compatible with the functions which it entrusts to the members of the Permanent Technical Secretariat. + Article 37 Under the authority of the President-in-Office, the Secretary-General shall ensure the execution and He informs on his activity. Between conferences, he shall regularly inform the President and national correspondents of the stage of performance of the tasks entrusted to him and, where appropriate, of the major difficulties encountered. He prepares with them the conferences, under the conditions defined in art. 16, 17-21, 24-26 and 27. He maintains the links between the members, to ensure the implementation of the resolutions, receives and distributes the documents, reports and draft resolutions of the conference; he ensures the preservation of all acts and documents carried out within the framework CONFEMEN. He gathers the information transmitted by each member, capitalizes on them and addresses all members. + Title IX Budget of the Permanent Technical Secretariat + Article 38 To achieve its objectives, the conference has its own budget, fed through the contributions of the member countries. It consists of: -an operating budget; -a program budget. Each of the accounts is subject to a distinct and rigorously autonomous management. There are also: -a common fund; --a reserve fund. Each of these funds is deposited into a separate bank account. The management of these different budgets and funds is made according to the provisions set out in the document entitled Administrative and Financial Regulation. + Article 39 The operating budget is fed through the financial contributions of the member countries, according to a distribution grid, fixed by the conference. Non-member countries and aid and cooperation bodies may also contribute financially. The country where the seat is located is exempt from the contribution, given its direct participation in the permanent technical secretariat (the salary of a part of the staff and the free provision of the premises). + Article 40 The programme budget is fed through the special contributions of countries and bodies and is intended to carry out cooperation activities, decided by the conference. + Article 41 The common fund serves to fund projects corresponding to the conference priorities. These projects can be made up of multilateral operations, involving all countries, or actions of a regional or national nature, when they are organised in the extension of the multilateral actions previously carried out by CONFEMEN. The common fund is fed through voluntary contributions by member countries, by differences in the budget of the programmes, by grants, by donations of natural or legal persons, organisations and international institutions interested in developing education. The revenues obtained from the sale of documents made by CONFEMEN, from promotional activities, from collections and other events organized through its care are also paid. + Article 42 The reserve fund is fed through voluntary contributions from member countries, individuals, all institutions with concerns in education, science and culture, as well as the financial income generated through the placement of these funds. + Article 43 The Secretary-General is the credit manager and the budget and fund officer. + Article 44 The use of the proceeds of the reserve fund shall be subject to the express authorisation of the acting President of CONFEMEN + Article 45 The financial year is 2 years, distributed in annual instalments, starting on 1 January and ending on 31 December. The Administrative and Financial Commission shall examine, at the annual meeting, the state of implementation of the budget and propose to the Office, if necessary, any amendment to be submitted to the members of the Conference. When the office session is held at the same time as the ministerial conference, the bureau's decisions are approved by the conference. + Article 46 Operating budgets and programs are prepared by the Secretary-General and subject to conference approval. + Article 47 The verification of the accounts of the various budgets is carried out by 2 censors who do not come from the country of the CONFEMEN headquarters, They shall draw up the administrative and financial committee report. The report of the censors and the opinion of the administrative and financial committee shall, on a compulsory basis, form part of the agenda of the conference, which shall be called upon to rule on the balance sheet During the period between the sessions, the balance sheet is presented to the annual + Article 48 In case of delay in the approval of the operating budget, the so-called procedure of the twelve provisional months (budget of the expired year) is used. + Title X Amendment of statutory + Article 49 Statutes may be amended by unanimous agreement of the member countries present at the conference. Any request for amendment of the statutes shall be addressed to the President-in-Office, at least 6 months before the nearest conference. It shall submit it to the meeting of the bureau responsible for the preparation of the draft text to be submitted + Annex LIST CONFEMEN member countries French Community of Belgium Guinea-Conakry Benin Haiti Burkina Faso Luxembourg Burundi Mali Cameroon Mauritius Canada Mauritania Canada-New Brunswick Niger Canada-Quebec Central African Republic Cape Verde Rwanda Comore Senegal Ivory Coast Seychelles Djibouti Switzerland France Chad Gabon Togo Guinea-Bissau Zaire -------------------