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OEA/Ser.G
CP/RES. 900 (1532/06)
1 March 2006
Original: English |
CP/RES. 900 (1532/06)
THE INTER-AMERICAN DEFENSE
BOARD AS AN ENTITY OF THE
ORGANIZATION OF AMERICAN STATES AND APPROVAL OF ITS STATUTES
(Adopted ad
referendum at its
session held on March 1, 2006)
THE PERMANENT COUNCIL OF THE ORGANIZATION
OF AMERICAN STATES,
HAVING SEEN the Report of the Committee
on Hemispheric Security on the juridical and institutional link between
the Organization of American States and the Inter-American Defense Board
(CP/CSH-746/06 rev. 1); and
CONSIDERING:
That the Inter-American Defense Board (“IADB”
or “the Board”) was created by resolution of the Third Meeting of
Consultation of Ministers of Foreign Affairs of the American Republics
in 1942, and subsequently strengthened by Resolutions VII and XXXIV of
the Ninth International Conference of American States, the same
Conference that gave birth to the OAS and its 1948 Charter, as well as
by resolution III of the Fourth Meeting of Consultation of Ministers of
Foreign Affairs adopted in 1951;
That the Board and the Organization of
American States (“OAS” or “the Organization”) share common objectives
under the OAS Charter and respect for the principle of civilian
oversight of the armed forces within the context of representative
democracy;
That by resolution AG/RES. 1240
(XXIII-O/93), the General Assembly reiterated “the need to define the
legal-institutional relationship between the Inter-American Defense
Board and the Organization of American States”;
That in resolution AG/RES. 1848
(XXXII-O/02) the General Assembly directed the Permanent Council “to
examine the relationship between the OAS and the IADB and make
recommendations to the General Assembly and the IADB for modifying the
IADB’s basic structure and instruments to the extent necessary to
clarify and obtain consensus on its status with respect to the OAS,
including the principle of civilian oversight and the democratic
formation of its authorities”;
That through its resolutions AG/RES. 1908
(XXXII-O/02) and AG/RES. 1940 (XXXIII-O/03) the General Assembly
established a working group to study and make recommendations related to
modernizing and changing the IADB and defining its juridical link with
the OAS;
That in resolution AG/RES. 1998
(XXXIV-O/04) the General Assembly instructed the Permanent Council “to
conclude its analysis and discussions on the juridical and institutional
link between the OAS and the Inter-American Defense Board”;
That in the resolution AG/RES. 2117
(XXXV-O/05), the General Assembly took note of “the analysis and
discussions on the juridical and institutional link between the OAS and
the IADB, especially in connection with the nature, purpose, and
functions of the IADB, as reflected in the report of the Chair of the
Committee on Hemispheric Security (CP/CSH-721/05)” and requested that
the Permanent Council conclude, through the Committee on Hemispheric
Security, “the analysis and its discussions on the topic, and to prepare
and approve, by no later than December 31, 2005, ad referendum of the
General Assembly, a statute for the IADB to replace its current
regulations and amend its basic structure and its relationship with the
OAS”;
That the “Declaration on Security in the
Americas”, adopted by the OAS Member States at the Special Conference on
Security held in Mexico City, October 2003, reiterates in paragraph 49
“the need to clarify the juridical and institutional relationship
between the Inter-American Defense Board (“IADB”) and the OAS” and
similarly urges the Permanent Council to make specific proposals to the
General Assembly for that purpose;
That the General Assembly is the supreme
organ of the Organization authorized under Article 54 of the Charter to
“decide the general action and policy of the Organization, determine the
structure and functions of its organs …” and “… to establish measures
for coordinating the activities of the organs, agencies, and entities of
the organization among themselves, and such activities with those of the
other institutions of the inter-American system;” and
That Article 53 of the OAS Charter
includes among the organs of the OAS “entities” that “may be established
in addition to those provided for in the Charter and in accordance with
the provisions thereof”,
RESOLVES:
1. To establish the Inter-American
Defense Board (IADB) as an “entity” of the Organization under Article 53
of the OAS Charter, and to approve its Statutes, attached to this
Resolution.
2. That the IADB Statutes shall enter
into force as of the date of the adoption of this resolution ad
referendum of the General Assembly.
3. That those IADB officials currently
occupying posts which are to be filled by election under the Statute may
remain in those posts until the period for which they were appointed
ends or their assignment from the sending state ends, whichever occurs
first.
4. To convene the thirty-second special
session of the General Assembly to adopt the Statutes of the
Inter-American Defense Board, on March 16, 2006, at the headquarters of
the Organization.
Annex
STATUTES OF THE INTER-AMERICAN DEFENSE
BOARD
CHAPTER I NATURE, PURPOSE, AND FUNCTIONS
Article 1. Nature
1.1 The Inter-American Defense Board (“IADB”)
is an entity of the Organization of American States (“OAS”) established
under the last paragraph of Article 53 of the OAS Charter.
1.2 The IADB enjoys technical autonomy in
carrying out the purpose and functions contained in these Statutes,
taking into account the mandates of the OAS General Assembly, the OAS
Meeting of Consultation of Ministers of Foreign Affairs (“Meeting of
Consultation”), and the OAS Permanent Council, within their respective
areas of competence.
1.3 The IADB embodies in its structure
and its operations the principles of civilian oversight and the
subordination of military institutions to civilian authority, in keeping
with Article 4 of the Inter-American Democratic Charter, as well as the
principle of democratic formation of its authorities, to assure
consistency with the democratic values of its member states and their
participation on an equal basis.
Article 2. Purpose
2.1 The purpose of the IADB is to provide
the OAS and its member states with technical and educational advice and
consultancy services on matters related to military and defense issues
in the Hemisphere in order to contribute to the fulfillment of the OAS
Charter.
2.2 In carrying out its purpose, the IADB
shall take into account the needs of the smaller states, whose level of
vulnerability is greater in the face of traditional threats and of new
threats, concerns, and other challenges.
Article 3. Functions
The IADB shall have the following
specific functions:
a. To provide technical and educational
advice and consultancy services on matters related to military and
defense issues to:
i. The OAS organs and the dependencies of
the General Secretariat, upon their request; and
ii. The OAS member states upon their
request, informing the OAS Permanent Council beforehand, through the
Committee on Hemispheric Security, of the content of the request and
reporting subsequently to the said Committee on the results of the
assistance provided by the IADB;
b. To offer to military officers and
civilian officials from the OAS member states, through its
Inter-American Defense College in Washington, D.C., advanced academic
courses on matters related to military and defense issues, the
inter-American system, and related disciplines;
c. To promote interaction and cooperation
between and among ranking civilian officials and military officers from
the OAS member states on matters related to military and defense issues;
d. To provide OAS member states with
technical advisory services on comprehensive mine action in the
Hemisphere, including cooperation with the OAS General Secretariat;
e. To provide OAS member states with
technical advisory services in the management, security, and destruction
of weapon stockpiles;
f. To provide OAS member states with
technical advisory services in developing national defense doctrine and
policy papers (“White Papers”);
g. To provide OAS member states with
technical advisory services in developing other studies and papers on
matters within the competence of the IADB;
h. To provide OAS member states with
technical advisory services in the development of transparency measures
and confidence- and security-building measures;
i. To maintain, for the OAS, updated
inventories of confidence- and security-building measures both in the
Hemisphere and in other regions, as well as an electronic database of
the information contained in those inventories; and to prepare, when
requested, studies on such measures and draft guidelines for the
standardized presentation of reports on the application of such measures
by member states;
j. To promote interaction and cooperation
with other regional and global organizations of a similar nature related
to technical aspects of military and defense issues; k. To provide OAS
member states with technical advice and consultancy services for relief
and humanitarian assistance in the case of disasters; and
l. To provide OAS member states with
technical advice and consultancy services for search and rescue.
CHAPTER II PARTICIPATION
Article 4. Members
4.1 Upon submission of a written request
for membership to the Chair of the IADB Council of Delegates (“the
Chair”), any OAS member state shall become a member state (“member”) of
the IADB.
4.2 The right to participate as a member
in the IADB may be suspended under the following circumstances:
a. Application by the OAS General
Assembly of Article 9 of the OAS Charter; and
b. Application by the OAS General
Assembly of Article 21 of the Inter-American Democratic Charter.
4.3 A suspended member shall not be taken
into account for purposes of determining quorum and necessary voting
majorities for the Council of Delegates; nor shall officials from
suspended members be eligible to serve as elected officers of the IADB.
4.4 A member may withdraw from the IADB
with one year’s advance written notice to the Chair and, upon the
effective date of withdrawal, membership in the IADB will cease.
Similarly, the membership in the IADB of any member state that withdraws
from the OAS shall cease upon the effective date of that withdrawal.
4.5 A member that has been suspended
under Article 4.2 shall be reinstated once the suspension by the OAS
General Assembly has been lifted, and a member that has voluntarily
withdrawn may request reinstatement as a new member under Article 4.1.
Article 5. Permanent Observers
5.1 Upon submission of a written request
to the Chair, any OAS member state which is not an IADB member and which
has not been suspended from the OAS or the IADB, as well as any
permanent observer to the OAS, shall become a permanent observer to the
IADB.
5.2 Any other member state of the United
Nations may request permanent observer status from the IADB, in
accordance with requirements and procedures established by the Council
of Delegates, and subject to the approval of the OAS Permanent Council.
5.3 Permanent observers may attend the
meetings of the Council of Delegates and may enjoy such other additional
privileges that the Council of Delegates may extend to them. They shall
not, however, speak at the meetings of the Council of Delegates without
the permission of the Chair.
Article 6. Other Observers
6.1 The Secretary General of the OAS or
his/her representative, and the representatives of the other OAS organs
may participate as observers in the meetings of the Council of
Delegates.
6.2 Member states of the United Nations
that are neither OAS member states nor permanent observers and other
regional and global public international organizations with interests
and functions similar to those of the IADB, including, but not limited
to, those in the United Nations system, may participate as observers in
particular IADB meetings and other activities sponsored by the IADB.
6.3 The following agencies, entities, and
organizations may also participate as observers in IADB meetings and
activities:
a. Other agencies and entities of member
states of the United Nations, except for those agencies and entities
whose headquarters or principal activity is in a territory over which
there exists a sovereignty dispute between an OAS member state and a
state outside the American Hemisphere.
b. Civil society organizations, except
for those organizations whose headquarters or principal activity is in a
territory over which there exists a sovereignty dispute between an OAS
member state and a state outside the American Hemisphere.
6.4 Those states, agencies, and other
entities wishing to participate as observers in a particular meeting or
activity shall request it in writing from the Chair of the Council of
Delegates within 30 days prior to the meeting or activity or within such
other lesser period as may be determined by the Council of Delegates in
its Rules of Procedure. In each case, the Chair will decide on the
request, upon consultation with the members of the Council of Delegates.
6.5 Observers may attend the meeting or
activity in which they wish to participate. However, they may speak only
at the invitation of the Chair or other presiding official, as the case
may be.
Article 7. Experts and Other Guests
7.1 The Chair, upon consultation with the
members, may invite experts and other guests to participate in the
meetings of the Council of Delegates and other activities of the IADB.
7.2 Experts and other guests shall
participate in accordance with the terms of their invitation in each
case; however, under no circumstances shall they be entitled to speak
without the permission of the Chair.
Article 8. Costs
The IADB may request permanent observers,
other observers, experts, and other guests to defray the costs
associated with their participation, including, but not limited to, the
costs of translating, reproducing, and distributing their documents to
other participants.
CHAPTER III STRUCTURE
Article 9. Organs
The IADB shall have the following organs:
a. The Council of Delegates;
b. The Secretariat; and
c. The Inter-American Defense College (“IADC”).
CHAPTER IV COUNCIL OF DELEGATES
Article 10. Purpose
The Council of Delegates (“the Council”)
is the highest representative body of the IADB established to:
a. Develop and adopt the policies,
activities, and directives of the IADB, within the directives
established by the OAS General Assembly, the OAS Meeting of
Consultation, and the OAS Permanent Council; and
b. Oversee the implementation of those
policies, activities, and directives by the IADB’s Secretariat and the
IADC.
Article 11. Functions
The Council shall have the following
functions:
a. Establish the policies and strategic
objectives of the IADB within the directives and limitations established
in these Statutes and the resolutions of the OAS General Assembly, the
OAS Meeting of Consultation, and the OAS Permanent Council;
b. Analyze and approve the annual budget
of the IADB; prepare, for submission to the OAS Secretary General, the
IADB’s annual proposal for an appropriation from the OAS program-budget;
and approve measures for financing the IADB’s activities;
c. Oversee, analyze, and evaluate the
implementation of the IADB’s projects and activities;
d. Issue directives and operational
guidelines to the Director General and to the IADC Director;
e. Approve the academic programs of the
IADC based on the recommendations of the IADC Director and academic
advisors consulted for that purpose;
f. Oversee the management of all
resources entrusted to the IADB;
g. Adopt Rules of Procedure of the
Council, as well as staff rules and financial rules of the IADB;
h. Reinstate members that so request, in
accordance with Article 4.5 of these Statutes;
i. Elect and remove its Chair and other
officers of the IADB, as provided in these Statutes and in the Rules of
Procedure of the Council;
j. Propose to the OAS Permanent Council,
for adoption by the OAS General Assembly, amendments to these Statutes;
k. Report to the OAS General Assembly
annually on the IADB’s activities in accordance with directives
established by the OAS General Assembly;
l. Establish committees, subcommittees,
working groups, and other subsidiary organs to assist it in carrying out
its functions;
m. Establish directives for cooperation
agreements between the IADB and other regional and global organizations
on matters related to military and defense issues; and
n. Perform such other tasks as specified
under these Statutes or as may be assigned by the OAS General Assembly,
the OAS Meeting of Consultation, or the OAS Permanent Council.
Article 12. Delegations
12.1 The Council shall be composed of
delegations from each member, led by a chief of delegation. Each member
shall have the right to one vote in the Council’s meetings.
12.2 Chiefs of delegation shall be
appointed by their respective governments.
12.3 Chiefs of delegation should
preferably be high-ranking officers or civilian officials having
knowledge of matters related to military and defense issues.
12.4 Chiefs of delegation represent their
respective governments in the IADB through their participation in
meetings of the Council and other IADB activities.
12.5 Chiefs of delegation are the
official liaisons between the IADB and their respective governments, and
between the IADB and their respective permanent representatives to the
OAS.
12.6 Each member may appoint to its
delegation alternate delegates, advisors, and other personnel. Alternate
delegates should have knowledge of matters related to military and
defense issues and, in the absence of the chief of delegation, shall be
authorized to represent that member at Council meetings and other IADB
meetings and activities.
12.7 Each member shall, through its
Ministry of Foreign Affairs, accredit its chief of delegation and other
members of its delegation by presenting credentials to the Chair.
12.8 Delegates and other members of
delegations may not hold staff positions in the organs of the IADB;
however, they may participate in committees, subcommittees, working
groups, and other subsidiary organs as may be constituted by the Council
or its Chair.
Article 13. Meetings
13.1 Regular and special meetings: The
Council shall hold regular and special meetings for the purpose of
taking decisions necessary for carrying out its functions. These
meetings shall be convened by the Chair or by the Vice-Chair in the
absence of the Chair. Minutes must be taken and distributed to the
members. Unless otherwise stated herein, voting and debate at these
meetings shall proceed in accordance with the Council’s Rules of
Procedure.
a. Regular meetings shall be convened at
intervals specified in the Council’s Rules of Procedure or as otherwise
established in a schedule of meetings approved by the Council. The
Council shall also hold a regular meeting once a year for the principal
purpose of commemorating the anniversary of the IADB.
b. Special meetings shall be convened
upon the request of at least five members to address urgent, sensitive,
or otherwise unanticipated matters.
13.2 Informal meetings: Informal meetings
are convened by the Chair or by the Vice-Chair in the absence of the
Chair for the purpose of exchanging views informally on matters of
mutual interest. No formal decisions are taken and minutes are not
required.
Article 14. Quorum and Voting
14.1 A quorum of a one-third of the
members is required to begin regular and special meetings. 14.2 A vote
of two-thirds of the members is necessary to adopt the annual budget and
to remove from office the Chair, the Vice-Chair, or any other elected
official of the IADB.
14.3 All other decisions, including those
to elect the Chair, the Vice-Chair, and other officers shall require a
vote in favor by the majority of the members. For purposes of these
Statutes, a majority is more than 50 percent.
14.4 No committee, subcommittee, or
working group shall meet without a quorum of at least one-third of its
members and each shall adopt decisions and recommendations by a majority
vote of its members present, without prejudice to the right to adopt
different voting rules after its first meeting.
Article 15. Elections
15.1 For the elected positions indicated
in these Statutes, the Council shall, to the extent feasible, follow the
criteria of rotation and equitable geographic representation.
15.2 In order to ensure transparency in
the electoral process, each country that puts forward a candidate for
elected office shall provide the members with the candidate's curriculum
vitae in a timely manner, along with all other information requested by
the Council in accordance with its Rules of Procedure.
Article 16. The Chair and the Vice-Chair
16.1 The Chair shall be elected by the
Council at a regular meeting for a term of one year beginning on July 1
and ending on June 30, with the possibility of being immediately
reelected once for the same period, in keeping with the principles and
values set out in Article 1.3. The Chair should meet the same criteria
as those established for a chief of delegation in Article 12.3.
16.2 The Chair shall be directly
responsible to the Council and shall:
a. Convene and preside over the meetings
of the Council;
b. Coordinate the work of the Council;
c. Represent the IADB at the meetings of
the OAS and in its external relations;
d. Provide the OAS General Assembly, the
OAS Meeting of Consultation, the OAS Permanent Council, and other OAS
organs, when necessary, with reports requested or required under
agreements with them;
e. Preside over the IADB’s ceremonial
activities; and
f. Perform such other duties as specified
in these Statutes or as assigned by the Council.
16.3 The Vice-Chair shall be elected by
the Council at a regular meeting for a term of one year beginning on
December 1 and ending on November 30, with the possibility of being
immediately reelected once for the same period. The Vice-Chair should
meet the same criteria as those established for a chief of delegation in
Article 12.3 and shall:
a. Serve as advisor to the Chair;
b. Replace the Chair in the performance
of the Chair’s duties when the Chair is unable to perform them or
otherwise delegates them to the Vice-Chair;
c. Coordinate the committees,
subcommittees, and working groups of the Council; and
d. Perform such other duties as may be
assigned by the Council or the Chair.
16.4 The Chair and the Vice-Chair shall
receive from the Secretariat such staff assistance as may be reasonable
and necessary for the performance of their duties.
CHAPTER V SECRETARIAT
Article 17. Structure and Functions
17.1 The Secretariat shall be comprised
of the General Directorate, the Sub-Secretariat for Advisory Services,
and the Sub-Secretariat for Administrative and Conference Services.
17.2 The Secretariat shall serve as the
permanent administrative organ of the IADB and shall carry out the
following functions:
a. Implement the resolutions, directives,
and other decisions of the Council;
b. Prepare the annual program-budget of
the IADB and submit it to the Council for approval;
c. Provide on a permanent basis
secretariat services for the Council, committees, subcommittees, working
groups, and other subsidiary organs, and for the Chair and the
Vice-Chair, and carry out their directives and assignments;
d. Provide technical advice to the
Council, committees, subcommittees, working groups, and other subsidiary
organs, and for the Chair and the Vice-Chair;
e. Serve as the custodian of the
documents and archives of the IADB;
f. Prepare reports for the Chair to
present to the OAS General Assembly, the OAS Meeting of Consultation,
the OAS Permanent Council, and other OAS organs, as requested or
required under agreements with them and subject to the approval of the
Council;
g. Develop, in accordance with directives
established by the Council, cooperative relations with global and other
international and regional organizations on matters related to military
and defense issues;
h. Administer the financial resources of
the IADB and duly account to the Council for same;
i. Maintain cooperative relations with
the OAS General Secretariat;
j. Carry out such other functions as are
specified in these Statutes or as the Council may assign; and
k. Provide administrative support to the
IADC.
Article 18. General Directorate
18.1 The Director General, under the
supervision of the Council, is in charge of the General Directorate,
shall be the legal representative of the IADB and chief executive
officer of the IADB, and shall have the authority to direct and
administer the Secretariat to carry out its functions, obligations, and
responsibilities. The Director General is directly responsible to the
Council and accountable to it for his/her actions.
18.2 The Director General shall be a
high-ranking officer or a civilian official of an IADB member having
knowledge of matters related to military and defense issues. He/she
shall be elected by the Council by a majority vote of its members for a
term of two years, with the possibility of being immediately reelected
once for the same period. The corresponding member state must assign
him/her to the IADB.
18.3 In addition to being responsible for
the functions set out in Article 18.1 above, the Director General shall,
under the Council’s oversight:
a. Determine the number of Secretariat
staff members; regulate their powers rights, and duties; fix their
remuneration; and appoint and remove them, in accordance with the annual
program-budget and other resolutions of the Council;
b. Participate in the meetings of the
Council with voice but without vote;
c. Provide the Council with:
i. Reports on the IADB’s activities, its
financial situation, and its relations with other organizations; and
ii. Other information requested by the
Council; d. Bring to the Council's attention information on matters
related to the IADB's purpose;
e. Sign and execute cooperative
agreements with other organizations in accordance with directives
established by the Council, and inform the Council of those agreements;
f. Administer and ensure compliance with
the IADB’s rules, regulations, and other Council directives;
g. Reorganize the Secretariat to maximize
efficiencies, in keeping with the Council's directives;
h. Contract goods and services for the
Secretariat within the limitations of the program-budget and other
Council directives;
i. Supervise and take responsibility for
the technical advisory and consultancy services provided by the
Secretariat;
j. Promulgate administrative issuances
for the purpose of carrying out the functions established in these
Statutes; and
k. Carry out all other mandates assigned
by the Council.
18.4 The Director General may delegate
functions and grant powers to other staff members of the Secretariat but
shall remain responsible to the Council for all actions taken pursuant
to such delegations.
Article 19. Sub-Secretariat for Advisory
Services
19.1 The Sub-Secretariat for Advisory
Services (“SAS”) shall provide technical advice to the Council and other
areas of the Secretariat on matters related to military and defense
issues.
19.2 The SAS shall have a Director, who
shall be a high-ranking officer or a civilian official of an IADB member
having knowledge of matters related to military and defense issues. The
SAS Director shall be elected by the Council by a majority vote of its
members for a term of two years, with the possibility of being
immediately reelected once for the same period.
19.3 The SAS Director is responsible to
the Director General, in accordance with the directives and policies
established by the Council. At the invitation of the Director General,
the SAS Director may report on its work to the Council.
19.4 In addition to the Director, the SAS
shall include personnel assigned by the members to the IADB for the
purpose of providing technical advice to the Council and other IADB
organs.
19.5 The SAS Director may appoint a
Vice-Director from the SAS staff to assist him/her in the performance of
the SAS Director’s functions. The Vice-Director shall be a commissioned
officer or a civilian official of a member having knowledge of matters
related to military and defense issues.
Article 20. Sub-Secretariat for
Administrative and Conference Services
20.1 The Sub-Secretariat for
Administrative and Conference Services (“SACS”) shall be responsible for
providing the Director General with all the support for performing all
the functions assigned to the Secretariat under these Statutes, other
than the technical advisory functions assigned to the SAS.
20.2 The SACS shall have a Director, who
shall be a high-ranking officer or a civilian official of an IADB member
having knowledge of matters within the competence of the IADB. The SACS
Director shall be elected by the Council by a majority vote of its
members for a term of two years, with the possibility of being
immediately reelected once for the same period. The SACS Director may be
removed by the Council by a two-thirds majority vote of its members.
20.3 The SACS Director is responsible to
the Director General, in accordance with the directives and policies
established by the Council.
20.4 In addition to the Director, the SAS
shall include professional and other support personnel with the skills
necessary for the performance of its functions.
20.5 The SACS Director may appoint a
Vice-Director from among the personnel assigned by the members to the
IADB to assist him/her in the performance of his/her functions. The
Vice-Director shall be a commissioned officer or a civilian official of
a member having knowledge of matters within the competence of the IADB.
Article 21. Human Resources
21.1 The Secretariat may obtain human
resources by retaining the services of either staff members or
independent contractors. a. Staff members of the Secretariat shall
include only those persons designated as staff members in their
documents of appointment with the IADB. They shall either be contracted
directly as staff members or be military officers and civilian officials
provided by the members to the IADB under secondment arrangements.
b. Independent contractors are persons,
legal and natural, contracted to provide work products or services to
the Secretariat, normally on a short and temporary basis, under a
performance contract. They are not personnel or employees of the
Secretariat, and a performance contract does not create an employment
relationship between the Secretariat and a person.
21.2 In selecting the staff of the IADB,
first consideration shall be given to efficiency, competence, and
integrity, and at the same time, in the recruitment of personnel of all
ranks, importance shall be given to the necessity of obtaining as wide a
geographic representation as possible.
21.3 In the performance of their duties,
the staff members of the Secretariat shall not seek or receive
instructions from any government or any authority outside the IADB, and
shall refrain from any action incompatible with their position as
officers of an international organization responsible only to the IADB.
21.4 All Secretariat staff members are
accountable to their immediate supervisors for their actions.
21.5 Staff members of the IADB are not
staff members of the OAS General Secretariat (“GS/OAS’) and are not
entitled to the benefits conferred upon GS/OAS staff members under the
General Standards to Govern the Operations of the General Secretariat
(“OAS General Standards”), the OAS Staff Rules, and resolutions of the
OAS General Assembly; however, staff members of the IADB may be
temporarily designated associate staff members of the General
Secretariat under the applicable OAS General Standards and staff rules
governing associate staff members, and staff members of either organ may
be seconded to the other in accordance with their respective rules.
CHAPTER VI INTER-AMERICAN DEFENSE COLLEGE
Article 22. Function
The function of the Inter-American
Defense College (“IADC”) is to develop and provide opportunities to
military officers and civilian officials from OAS member states for
advanced academic courses related to military and defense issues, the
inter-American system, and related disciplines.
Article 23. IADC Director
23.1 The IADC shall have a Director, who
shall be a high-ranking officer or a civilian official having knowledge
of matters related to military and defense issues. The Director shall be
elected by the Council, bearing in mind the OAS Charter, the OAS
Permanent Council's decision, and the established practice of the IADB,
for a term of two years, with the possibility of being immediately
reelected once for the same period.
23.2 The IADC Director is responsible to
the Council for the management of the IADC, in accordance with
directives and policies established by the Council.
Article 24. Other IADC Officials
24.1 The Council shall elect a
Vice-Director and a Chief of Studies, having different nationalities
from that of the Director, each for a term of two years, with the
possibility of being immediately re-elected once for the same period.
The duties of those officials shall be proposed by the Director and
approved by the Council. Both officers shall be directly responsible to
the Director.
24.2 The Vice-Director shall be a
high-ranking officer or civilian official of an IADB member having
knowledge of matters related to military and defense issues and must be
assigned by that member to the IADC.
24.3 The Chief of Studies shall be a
high-ranking officer or civilian official of an IADB member having
knowledge of matters within the functions of the IADC, and must be
assigned by that member to the IADC.
Article 25. Human Resources and
Facilities
25.1 The provisions set out in Article 21
governing the human resources of the IADB Secretariat shall apply
equally to the staff of the IADC.
25.2 Arrangements for the occupancy of
facilities and use of equipment and supplies provided by the host
country to the IADC shall be concluded by the IADC Director, in
consultation with the Director General and the Council, and shall be
revised and updated periodically as required.
CHAPTER VII FINANCIAL RESOURCES AND OTHER
CONTRIBUTIONS
Article 26. Contribution from the OAS
Regular Fund
The IADB shall receive an annual
contribution under the annual program-budget approved by the OAS General
Assembly.
Article 27. Voluntary Contributions
The IADB may receive voluntary
contributions from members and other donors. The Secretariat shall
deposit such contributions in specific funds or trust funds, in
accordance with the requirements of the donor and with directives
established by the Council, and shall maintain an account of the
non-financial contributions received.
Article 28. Financial Rules and/or
Directives
To assure transparency and orderly
conduct in the business of the IADB and the management of its resources,
the Council shall adopt and amend, as necessary, financial rules,
directives, and other necessary regulations for the management and
proper control of the IADB’s resources in accordance with commonly
accepted standards.
CHAPTER VIII RELATIONS WITH OTHER OAS
ORGANS
Article 29. Reports to Other OAS Organs
29.1 The IADB shall send its Annual
Report on its activities and budget to the OAS General Assembly, through
the GS/OAS, in accordance with such requirements as established by the
OAS General Assembly and the OAS Permanent Council.
29.2 The IADB shall prepare and send to
the other organs of the OAS any other reports they may request on its
activities.
Article 30. Official Correspondence
between the IADB and Other OAS Organs
30.1 All official correspondence from the
IADB to the OAS General Assembly, the OAS Meeting of Consultation, the
OAS Permanent Council, and the GS/OAS shall be addressed to the OAS
Secretary General. Correspondence from the IADB to all other OAS organs
shall be addressed to the chief executive officers of those organs.
30.2 All official correspondence from the
OAS and its other organs to the IADB shall be addressed to the Director
General.
Article 31. Coordination
31.1 The programs and activities of the
IADB shall avoid duplication of effort and expenditures and shall be
complementary to the activities carried out by other OAS organs.
31.2 The IADB shall participate as a
member of the Committee to Coordinate Cooperation Programs of the
Inter-American System and shall take its recommendations into
consideration, in order to promote coordination with the other OAS
organs.
31.3 The IADB shall regularly exchange
information with the GS/OAS, the OAS Permanent Council, the
corresponding subsidiary organs of the OAS Permanent Council, and other
OAS organs and GS/OAS dependencies engaged in matters of mutual
interest. Similarly, those OAS organs shall regularly exchange
information of mutual interest with the IADB. Information exchanged
shall include, for example, notice of upcoming meetings with their
agendas, technical materials of mutual interest, copies of draft
resolutions, tentative meeting agendas, and final meeting reports.
31.4 The Chair and the Vice-Chair of the
Council, the Director General, and the IADC Director may attend sessions
of the OAS General Assembly and meetings of other OAS organs with the
right to speak, in accordance with the applicable rules of procedure.
Similarly, the Secretary General, and other ranking officials of other
OAS organs, the Chair of the OAS Permanent Council, and permanent and
alternate representatives to the OAS may attend meetings of the Council
with the right to speak, in accordance with the applicable rules of
procedure.
31.5 The OAS General Assembly and OAS
Councils, and the IADB may formulate recommendations to each other
concerning the inclusion of items on the agendas of their respective
meetings and conferences, to the extent permitted under the applicable
rules of procedure.
31.6 The IADB and other OAS organs shall
exchange publications of mutual interest.
31.7 The IADB Secretariat and the GS/OAS
shall exchange administrative information.
CHAPTER IX MISCELLANEOUS PROVISIONS
Article 32. Headquarters and Privileges
and Immunities
32.1 The IADB has its headquarters in the
city of Washington, D.C., United States of America. The OAS General
Secretariat shall allow the IADB to occupy and operate as its
headquarters the property known as “Casa del Soldado,” located at 2600
16th St., N.W., Washington, D.C. The IADB has the status of a public
international organization and its own legal personality under the laws
of the host country.
32.2 The IADB and its staff members enjoy
in the OAS member states privileges and immunities determined in
accordance with the corresponding provisions of the OAS Charter, the
laws of those states, and the agreements concluded between them and the
OAS or the IADB.
32.3 As provided under the laws of its
members and the agreements referenced above, the IADB, under its own
legal personality, may enter into and carry out contracts or agreements;
hold funds, real property, and movable property; and purchase, sell,
lease, improve, or operate any goods or property.
32.4 Privileges and immunities of the
delegations of the members to the Council at headquarters shall be those
as provided in the applicable legislation of the headquarters country
and the corresponding agreements between that country and the OAS.
Article 33. Prohibition against
Discrimination
The IADB shall not allow any restriction
based on race, creed, or gender with respect to eligibility to
participate in the activities of the IADB or to hold positions therein.
Article 34. Internal Law and Amendments
to Statutes
34.1 The hierarchy of norms within the
IADB shall be as follows: The highest authority is the OAS Charter,
followed in descending order by the resolutions of the OAS General
Assembly, the resolutions of the OAS Meeting of Consultation, the
resolutions of the OAS Permanent Council within its area of competence
with respect to the IADB, the resolutions (including Rules of Procedure,
staff rules, and financial rules) and other decisions of the meetings of
the Council, and finally the administrative issuances of the Director
General and of the IADC Director, each within its respective areas of
competence.
34.2 These Statutes require the approval
of the OAS General Assembly to enter into force and therefore have the
status of a resolution of the OAS General Assembly within the internal
law of the IADB.
34.3 These Statutes may be amended only
by the OAS General Assembly upon its initiative or upon the
recommendation of the OAS Permanent Council. The OAS Permanent Council,
upon its own initiative or upon the recommendation of the Council, may
propose amendments to these Statutes for consideration by the OAS
General Assembly.
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