Charter of the The Developing-8 Organization for Economic Cooperation
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Charter of The Developing-8 Organization for Economic Cooperation
D-8
Preamble
We the Member States of the D-8 Organization for Economic Cooperation; comprising of the People’s Republic of Bangladesh, Arab Republic of Egypt, Republic of Indonesia, Islamic Republic of Iran, Malaysia, Federal Republic of Nigeria, Islamic Republic of Pakistan, and the Republic of Turkey:
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BEARING in mind the Istanbul Declaration, through which the Developing-8 Organization, hereinafter called D-8, was established on 15 June 1997; CONFIRMING their adherence to the principles and objectives stated in the Istanbul Declaration;
RESOLVING to further strengthen the deep-rooted historical affinities that exist among the Member States and their peoples for effective cooperation in all spheres for achieving their common economic goals of development;
DETERMINED to make collective endeavors for the welfare of their people for uplifting social and economic conditions, in particular, towards the elimination of poverty and to achieve higher standards of living;
DESIROUS to establish a strong framework of economic cooperation for development covering all areas of activities and geared to the improvement of the economic and social indicators that would bring qualitative change in the lives of the people in the Member States;
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COGNIZANT of the need to strive for a global international economic and financial system based on universal membership, consultation, accountability, and also the effective participation of the developing countries in the international decision-making organization and institutions that effect the entire international system, including in particular the concerns of the developing countries;
DEDICATED to develop and forge closer economic cooperation towards achieving benefit from regional economic groupings and utilizing the collective economic potential for gaining advantages from such cooperation for all Member States;
COMMITTED to forge a common approach on the part of the developing countries in their trading relations with the developed world, including, inter alia, through efforts towards the establishment of equitable trading mechanisms, inclusive of policies and measures ensuring market access such as elimination of tariff and non-tariff barriers;
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REAFFIRMING their adherence to the principles and purposes of the Charter of the United Nations, as a basis for fruitful cooperation, and to strive for the democratization of international decision-making apparatus and mechanisms towards the achievement of a just international order based on the rule of law and universally accepted principles of international law;
RECOGNIZING, with appreciation, of the achievements thus far by the Organization and its existing modalities, and further aspiring to work in an institutional manner towards the full realization of the vast potential of the Member Countries, individually as well as collectively, for further socioeconomic cooperation and sustainable advancement;
REITERATING their desire for the further expansion of fruitful cooperation in the widest possible range of fields within the D-8 community and elevating their respective level of development to a higher league also with the ultimate objective of playing a larger role in the global economy and the process of globalization;
RESOLVING to expand and strengthen South-South cooperation and enhance active participation in regional and global economic institutions;
EXPRESSING their resolve to ensure environmental sustainability in their pursuit of long-term development and global partnership in the efforts towards the realization of the internationally agreed development goals;
UNDERLINING the essential role of good governance and the rule of law, at both national and international levels, for sustained, inclusive and equitable growth and development;
RECOGNIZING the need to strengthen the legal and institutional framework of the Organization, as an inter-governmental institution, and to further codify requisite principles, rules and values;
HAVE AGREED on the following articles:
Chapter I
Objectives and Principles of Cooperation
Objectives
Article 1
The Objectives of D-8 are:
(a) To promote and enhance joint efforts towards achieving sustainable socioeconomic development through effective utilization of economic and social potentials of D-8 countries;
(b) To promote welfare, alleviate poverty, and to improve quality of life of the people of
D-8 countries,
(c) To further strengthen economic, social, technical and scientific ties within the D-8 community;
(d) To promote private sector activity, through, inter alia, encouraging cooperation between chambers of commerce and industry, joint investments between private companies and public-private partnership, towards achieving the long-term goal of balanced national development in the D-8 countries;
(e) To strengthen cooperation with other countries, regional and international organizations, as well as non-governmental organizations, with a view to promoting the concerns and interests of the developing countries;
(f) To work towards playing an effective role in the global economy commensurate with its collective potential and capacity.
Principles and Scope of Cooperation
Article 2
1. The Member States undertake to cooperate in conformity with the Istanbul Declaration and this Charter, as well as in line with the past and future decisions of the Organization.
2. Cooperation within the framework of the Organization shall be based on such principles as fraternity, peace, dialogue, justice, equality, rule of law, and democracy.
3. The provisions of this Charter shall not adversely affect the bilateral and multilateral prerogatives and commitments of the Member States emanating from their membership in other regional and international organizations and from other international agreements to which they are parties.
4. Member States shall settle all disputes arising from economic interaction between them and or between their private sectors through peaceful means and in a friendly manner in accordance with established principles.
5. Cooperation will comprise, inter alia, trade, industry, communication and
information, finance, banking, joint investments, customs, insurance and
privatization, agriculture, rural development, energy, mines and minerals,
transportation and logistics, migrant workers, micro finance and remittances,
science and technology, poverty alleviation and human resources development,
environment, health, tourism, and humanitarian assistance, and other possible
areas as decided by the Council of Ministers or Summits, and political
consultation and coordination at the regional and international fora.
Chapter II
Membership
Article 3
1. Members of the D-8 are the eight founding countries which are already
deemed to be Parties to the present Charter and other states which may accede in
the future to the Charter in accordance with Article 3(2).
2. The present Charter shall remain open for accesssion by any Member
State.
3. Any developing country Member of the United Nations sharing common
affinities and friendly relations with the founding members, and undertaking to
abide by the objectives and principles of the D-8, as set forth in the present
Charter, may apply through the Secretary-General to become a member of the
Organization. Subject to the recommendation of the Council of Ministers and the
approval, by consensus, of the Summit, the Organization may admit such
countries as members. Membership shall be effective upon accession by the
applying country to the present Charter through submission of instrument of
ratification to the Secretariat.
4. Under this Charter, Member States shall have equal rights and obligations.
5. Member States shall accept, respect, and take all necessary measures to
effectively implement the provisions of this Charter and to comply with all
obligations of membership.
Observers
Article 4
1. The Organization, based on the recommendation of the Commission and
subject to the consensus decision of the Council of Ministers, may admit and
grant as observer any state Member of the United Nations adhering to the
purposes and principles of the Organization, as set forth in the present Charter,
and willing to make a practical and valuable contribution to its work and goals.
2. The Organization, based on the recommendation of the Commission and
subject to the consensus of the Council of Ministers, may admit and grant
observer status to other regional or international organizations.
3. The Organization, based on the recommendation of the Commission and
the consensus of the Council of Ministers, may admit and grant observer status to
non-governmental organizations from Member States specializing in the priority
areas of the work of D-8.
4. Upon the recommendation of the Commission, observer Status may be
suspended or terminated by the Council of Ministers. The suspension or
termination shall take effect immediately after notification has been given to the
state.
5. The Council of Ministers shall decide upon the nature of interaction of the
observers during the sessions of the Organization and for their interaction with the
Organization and with the D-8 Secretariat in the rules on the observer status.
Chapter III
Principal Organs of D-8
Article 5
1. The Principal Organs of the D-8 Organization for Economic Cooperation
shall be:
a. Summit of Heads of State or Government
b. Council of Ministers
c. Commission
d. Secretariat
Summit of Heads of State or Government
Article 6
1. The Summit shall comprise the Heads of State or Government of Member
States and shall function as the supreme organ of the D-8 Organization.
2. The Summit will deliberate and decide upon the policy and guidelines on
all matters to achieve the objectives of the Organization and may deliberate any
issue considered important by the Member States.
3. The Summit is convened once every two years in the territory of one of
the Member States by rotation. The Summit decides, through consultations, upon
the date and venue of its next meeting.
4. The Agenda of the Summit will be prepared by the Council of Ministers with the assistance of the Commission and the Secretariat.
Council of Ministers
Article 7
1. The Council shall comprise the Ministers of Foreign Affairs of the
Member States. It functions in accordance with the guidelines and policy
directives of the Summit.
2. The Council acts as a forum for comprehensive deliberation and
consideration of all the issues before the Organization and is competent to take all
decisions as a body under the guidance of the Summit.
3. The Council shall review reports submitted by the Commission and adopt
recommendations and decisions to be submitted to the Summit. It may delegate to
the Commission any task it may deem necessary.
4. The Council shall be responsible for the preparation of all official
documents to be considered by the Summit.
5. The Council shall meet once a year or more if necessary in the territory of
Member State Chairman in office or any Member States or other places to be
agreed upon. There shall be a Council meeting before each Summit.
Commission
Article 8
1. The Commission is the executive organ of the Organization and functions under the guidance of the Council of Ministers.
2. The Commission shall comprise of senior officials from Ministries of Foreign Affairs, preferably at ambassadorial rank, appointed as Commissioners by their respective governments.
3. Each Commissioner functions as national focal point in his/her respective
country.
4. The Commission shall present the report of its activities to the Council and
shall also submit to the Council the draft Provisional Agenda, draft Work Program
for the Council and the Summit,, and draft decisions and declarations for the
Summit.
5. The Commission shall establish Standing Committees and Ad Hoc
Groups, as and when necessary, examine their reports and supervise their
activities.
6. The Commission shall meet at least twice a year; once immediately before
the Council. The Commission may convene special/extraordinary meetings, as
and when necessary, to consider the issues mandated by the Council or the
Summit.
7. The Commission shall adopt its own Agenda and Programme of Work on
the basis of the decisions and directives of the Council and the Summit.
Secretariat
Article 9
1. The Secretariat shall initiate, coordinate, and monitor the implementation
of all D-8 activities and meetings related to the principal organs and technical
meetings. Overall responsibilities, functions and other issues governing the daily
activities of the Secretariat are covered by Staff Regulations.
2. The Secretariat shall comprise a Secretary-General who shall be the Chief
Administrative Officer of the Organization and such staff as established in the
Statutory Document and also determined by the Organization.
3. The Secretary-General shall be appointed on recommendation by the
Council of Ministers by consensus from among the nationals of Member States
and approval by the Summit for a non-renewable four-year term in accordance
with the principle of rotation in alphabetic order with due consideration for
competence, integrity and experience. The Secretary-General will be of the rank
of Ambassador in the diplomatic service of the Member State.
Article 10
1. The Secretary-General shall perform the following responsibilities:
a. Coordinate and harmonize the work of the Organization, including, inter
alia, effective follow-up of the implementation of recommendations and decisions
of D-8 principal organs;
b. Initiate, propose and report to the principal organs matters that may serve
or impair the objectives of the Organization;
c. Shall assist the host country in the preparations for the meetings of the
Summit, Council of Ministers, and the Commission to the extent of preparation of
the agenda and programme of work in coordination with the Member State
holding chair of the Organization;
d. Shall assist the host country in the preparation of D-8 meetings to the
extent of provision of such services as preparation of draft agenda, programme of
work, decisions, recommendations and declarations. Reports of all meetings shall
be prepared by the host country, in consultation with the representatives of the
Secretariat attending the meeting, and officially transmitted to the Secretariat
immediately after adoption for circulation among Member States;
e. Prepare the working papers and memoranda to implement decisions taken
by the Summit, Council of Ministers and other sectoral ministerial meetings;
f. Organize with the assistance of Member States technical and sectoral
meetings and activities;
g. Prepare the programme of work and the annual budget of the Secretariat;
h. Facilitate and coordinate communication, consultations and exchange of
information among Member States on all matters falling within the purview of the
work of the Organization and of importance to Member States;
i. Perform any responsibility entrusted to him by the Summit or the Council
of Ministers;
j Submit annual report to the Council of Ministers and a biennial report to
the Summit on the work of the Organization;
k. Propose the establishment of subsidiary and or ad hoc bodies for
advancing the goals of the Organization.
Article 11
In the performance of their duties, the Secretary-General, and the staff of the
Secretariat, shall not seek or accept instructions from any government or authority
other than the Organization. They shall refrain from taking any action that may be
detrimental to their position as international civil servants responsible only to the
Organization. Member States shall respect this exclusively international character,
and shall not seek to influence them in any way in the discharge of their duties.
The terms of service of the staff members shall be governed by staff regulations.
Representation of the Secretariat
Article 12
1. The Secretary-General shall attend all the meetings of the principal organs
along with the necessary staff and shall make oral statements and submit written
statements/reports, and when required, offer clarification on issues under
deliberation.
2. In the absence of the Secretary-General in any meeting of the principal
organs, the designated representative shall represent him and may make oral
statements, and when required, offer clarification on issues under deliberation.
3. The Secretary-General shall represent the Organization in external
relations. He may also designate member(s) of the staff to represent the
Organization wherever appropriate.
3. The Secretary-General may dispatch one or more of the staff to attend technical meetings.
Chapter IV
Technical Meetings
Article 13
1. Member States shall host technical meetings such as sectoral ministerial
meetings, working groups, workshops, forums, high level technical officials,
roundtables, and task forcescomprising senior experts in order to exchange views,
discuss, negotiate, and make proposals on D-8 fields of activity and areas of
cooperation.
2. Terms of references of all technical meetings shall be defined by the host
country and agreed by Member States before holding such meetings.
3. The host country shall prepare, in consultation with the Secretariat, the
report of all technical meetings and submit same to the Commission without delay
for consideration, recommendation, and follow up.
Chapter V
Chair of D-8
Article 14
1. The Member State hosting the Summit shall assume the D-8 Chair and shall exert its utmost efforts to promote the objectives of the Organization until the next Summit.
2. The D-8 Chair shall preside over all meetings of the principal organs and technical meetings. For all D-8 meetings, the representative of the next chair may function as co-chair of the meeting.
Chapter VI
Rules of Procedure
Official Language
Article 15
English shall be the official language of the Organization in all meetings, documents and correspondence.
Agenda
Article 16
1. The Secretariat shall prepare, in consultation with the D-8 Chair and the
host country, the draft agenda for all meetings of the principal organs of the
Organization.
2. For all other D-8 meetings, except as mentioned in paragraph 1 above, the
hostcountry shall prepare the Agenda, Programme of Work, Terms of Reference
and Administrative Arrangements and provide them to the D-8 Secretariat for
circulation at least one month prior to the meeting concerned.
Conduct of Meetings
Article 17
1. The meetings of the principal organs shall be governed by the Rules of Procedure of the Organization.
2. The presence of a simple majority of Member States constitutes the quorum for D-8 meetings.
3. Extraordinary meetings of the Commission, Council and/or the Summit
can be held upon the request of Member States. One or more Member States may
propose the convening of an extraordinary meeting of the Commission, the
Council and/or the Summit. The proposal shall be forwarded to the Chairman in
Office at least 30 days before the proposed date of the meeting together with the
supporting documents explaining the rationale for such a meeting. The Chairman
in Office shall circulate the proposal to the Member States together with the
supporting documents. The extraordinary meeting shall be convened unless at
least one Member State raises an objection within 7 days after the receipt of
notification. The extraordinary meeting shall be convened in the territory of the
requesting Member State with the consent of the Chairman in Office.
4. Meetings of the principal organs of the Organization take place in the
territory of Member States by rotation. Therefore, any Member State shall be
eligible to host D-8 technical meetings. The modality of hosting such meetings
shall be decided by the Commission.
Decision Making
Article 18
1. All decisions in the Summit, Council, and the Commission shall be taken by consensus.
2. Decisions in technical D-8 meetings, may be taken by the simple majority
of members present and voting. In case of divergence of views, Member State(s)
concerned may record their positions or exercise the right of reservation.
Chapter VII
External Relations
Article 19
1. D-8 may establish mutually beneficial collaborative relationships with other states, regional or international organizations, institutions, and non-governmental organizations with a view to establishing partnerships and/or initiating joint projects. The nature and extent of such collaboration shall be determined by the Council of Ministers by consensus.
2. Representatives of states, international and regional organizations, institutions,
or non-governmental organizations may be invited to the inaugural and/or closing
ceremonies of the Summit upon the initiative of the host country subject to prior
notification of all Member States.
Chapter VIII
Settlement of Disputes
Article 20
1. In case of a dispute between two or more Member States concerning the
interpretation or application of this Charter, the Parties to the dispute shall consult
and, if necessary, shall bring the dispute to the attention of the Council for
consideration and appropriate decision. The Secretary-General may also be
consulted or requested to use his good offices.
2. In case of a serious breach of the Charter or non-compliance, the matter shall
be referred to the Summit for consideration and appropriate decision.
Chapter IX
Budget and Finance
Budget
Article 21
1. The budget of the Secretariat shall be financed through the contributions of the Member States based on the scale of assessment established by the Council of Ministers.
2. “The Financial Regulations of the D-8 Secretariat” shall govern all matters related to the budget and finance. Any amendment of these regulations shall require proper Council consideration and decision.
3. The Secretariat shall prepare the budget for each year before the end of March
of the previous year and shall submit it to the Commission for its consideration,
adoption and recommendation to the Council for final approval.
Voluntary Contributions
Article 22
Consistent with the Objectives and Principles of D-8, voluntary and/or projectbased contributions from D-8 Member States, other countries, international
organizations, institutions, private corporations, or non-governmental
organizations, are welcomed. The necessary modalities to govern the management
of such contributions shall be adopted by the Council upon recommendation of
the Commission. The funds shall be subject to audit and inspection in the same
manner as the regular budget of the Organization.
Chapter X
Legal Provisions
Legal Personality of D-8
Article 23
D-8, as an inter-governmental organization, shall enjoy a legal personality and capacity
Privileges and Immunities
Article 24
1. D-8 shall enjoy in the territories of Member States such legal personality and privileges and immunities as are necessary for the exercise of its functions and fulfillment of its purposes and objectives.
2. The privileges and immunities of the Secretariat staff in the host country shall be laid down in the Headquarters Agreement.
4. Representatives of the Member States and officials of the Organization shall enjoy such privileges and immunities as laid down in the Headquarters Agreement.
Withdrawal
Article 25
1. Any Member State may withdraw from the Organization through official notification of the D-8 Secretariat.
2. Withdrawal shall take effect at the end of the financial year of the notification date. All obligations shall remain valid until their complete fulfillment.
Chapter XI
Amendments
Article 26
1. Any Member State may propose amendments to the present Charter through the Secretariat. Amendments to the Charter shall be made by the Council upon recommendation of the Commission.
2. Amendments to the present Charter shall come into force for all members
when they have been adopted by consensus of the members of the Council and
ratified in accordance with their respective constitutional processes of all
Members of the Members of the Council.
Chapter XII
Final Provisions
Article 27
1. The Charter shall be ratified by the Member States in accordance with their respective constitutional practices and the Instrument of Ratification shall be deposited with the Secretariat. The Secretariat shall officially inform the Member States upon the receipt of each Instrument of Ratification.
2. The Charter shall enter into force on the first day of the month following the date the Secretariat receives Instruments of Ratification of five Member States.
3. For each Member State, which ratifies this Charter after the date of its entry into force, as provided in paragraph 2, it shall enter into force on the date of the deposit of the Instrument of Ratification by that State.
4. The present Charter is drawn up in one original copy in English.
IN WITNESS WHEROF, the undersigned, being duly authorized to that effect, have signed this Charter.
Done at Islamabad, Pakistan, on the 22nd day of November 2012 in English language in one original copy.
Sd/-
For the People’s Republic of Bangladesh
For the Arab Republic of Egypt
For the Republic of Indonesia
For the Islamic Republic of Iran
For Malaysia
For the Federal Republic of Nigeria
For the Islamic Republic of Pakistan
For the Republic of Turkey