<СОГЛАШЕНИЕ О СОЗДАНИИ ФОНДА РАЗВИТИЯ КОРЕННОГО НАСЕЛЕНИЯ ЛАТИНСКОЙ АМЕРИКИ И КАРИБСКОГО БАССЕЙНА> [англ.](Заключено в г. Мадриде 24.07.1992)
AGREEMENT
ESTABLISHING THE FUND FOR THE DEVELOPMENT
OF THE
INDIGENOUS PEOPLES OF LATIN AMERICA
AND THE CARIBBEAN
(Madrid,
24.VII.1992)
The High Contracting Parties:
Meeting in the City of
Madrid, Spain, on the occasion of the Second Summit of the Ibero-American States
on July 24, 1992;
Recalling the terms of the Universal Declaration of
Human Rights, the International Agreement on Economic, Social and Cultural
Rights and the International Agreement on Civil and Political Rights;
Considering the international rules set forth in the International Labour
Organization"s Convention on Indigenous and Tribal Peoples, adopted by the
International Labour Organization in 1989;
Hereby adopt, in the presence
of representatives of indigenous peoples of the region, the following Agreement
establishing the fund for the development of the indigenous peoples of Latin
America and the Caribbean.
Article 1
Purpose and functions
1.1
Purpose. The purpose of the Fund for the Development of the Indigenous Peoples
of Latin America and the Caribbean, hereinafter the "Indigenous Fund", is to
establish a mechanism designed to support the self-development processes of the
indigenous peoples, communities and organizations of Latin America and the
Caribbean, hereinafter referred to as "Indigenous Peoples."
The term
"Indigenous Peoples" shall be understood to mean those indigenous peoples who
descend from populations that inhabited the country, or the geographic region to
which the country belongs, during the period of the conquest or colonization of
the region, or of the establishment of the present state frontiers, and who,
whatever their legal situation, retain all their own social, economic, cultural
and political institutions, or part thereof. In addition, awareness of their
indigenous identity shall be considered a fundamental criterion for determining
the groups to whom the provisions of this Agreement shall apply.
The use
of the term "Peoples" in this Agreement shall not be interpreted as having any
implications whatsoever in regard to rights which may be inferred from this term
under International Law.
1.2 Functions. In order to attain the objective
set forth in paragraph 1.1 of this article, the Indigenous Fund shall have the
following basic functions:
a) To provide a forum for dialogue for the
achievement of the concerted formulation of development policies, technical
assistance operations, and programs and projects of interest for the Indigenous
Peoples, with the participation of the Governments of the States of the region,
Governments of other States, financing institutions and the Indigenous Peoples
themselves.
b) To channel financial and technical resources for the
priority projects and programs agreed upon with the Indigenous Peoples, ensuring
that they will contribute to create conditions conducive to the self-development
of these Peoples.
c) To provide training and technical assistance
resources to support institutional strengthening, development of management
capacity, human resource formation, and information and research capabilities
for Indigenous Peoples and their organizations.
Article 2
Members and
resources
2.1 Members. Members of the Indigenous Fund shall be such States
as deposit the ratification instrument with the General Secretariat of the
United Nations Organization, in accordance with their internal constitutional
requirements and with the provisions of Article 14.1 of this Agreement.
2.2 Resources. The resources of the Indigenous Fund shall consist of the
Contributions of the Member States, donations and other assistance from other
States, multilateral, bilateral and national agencies of a public or private
nature and from institutional donors, and the net income generated by the
activities and investments of the Indigenous Fund.
2.3 Contribution
Instruments. The Contribution Instruments shall be protocols signed by each
Member State to establish its respective commitments to contribute resources to
form the capital of the Indigenous Fund, in accordance with paragraph 2.4 below.
Other donations or assistance shall be governed by the provisions of Article 5
of this Agreement.
2.4 Nature of the Contributions. Contributions to the
Indigenous Fund may be made in foreign exchange, local currency, technical
assistance and in kind, in accordance with the rules established by the General
Assembly. Contributions in local currency shall be subject to value maintenance
and exchange rate conditions.
Article 3
Organizational structure
3.1
Organs of the Indigenous Fund. The organs of the Indigenous Fund are the General
Assembly and the Board of Directors.
3.2 General Assembly.
a)
Composition. The General Assembly shall be composed of:
i) one delegate
from each of the Member State, duly accredited by the respective Government;
and
ii) one delegate of the Indigenous Peoples of each State of the
region that is a Member of the Indigenous Fund, duly accredited by his
respective Government, after consultations carried out with the Indigenous
Peoples" organizations of that State.
b) Decisions.
i) Decisions
shall be adopted by the unanimous affirmative vote of the delegates of the
States of the region that are Members of the Indigenous Fund, together with a
majority of affirmative votes of the representatives of the other Member States
and a majority of affirmative votes of the delegates of the Indigenous
Peoples.
ii) In matters that affect the Indigenous Peoples of one or more
countries, the affirmative vote of their delegates shall also be required.
c) Regulations. The General Assembly shall issue its By-laws and such other
regulations as it deems necessary for the functioning of the Indigenous
Fund.
d) Functions. The functions of the General Assembly shall include,
without being limited to:
i) the formulation of the general policy of the
Indigenous Fund and the adoption of such measures as are necessary for the
accomplishment of its objectives;
ii) the approval of the basic criteria
for preparation of the plans, projects and programs to be supported by the
Indigenous Fund;
iii) the approval of membership status in accordance
with the stipulations of this Agreement and with the rules established by the
General Assembly;
iv) the approval of the annual program and budget, and
of the periodic statements of account, of the resources of the Indigenous
Fund;
v) the election of the members of the Board of Directors to which
reference is made in paragraph 3.3, and the delegation to said Board of the
faculties necessary for the functioning of the Indigenous Fund;
vi) the
approval of the technical and administrative structure of the Indigenous Fund
and the appointment of its Technical Secretary;
vii) the approval of
special agreements to enable countries that are not Members, as well as those
public and private organizations that wish to do so, to cooperate with, or
participate in, the Indigenous Fund;
viii) the approval of any amendments
to the Agreement Establishing the Indigenous Fund, and their submission to the
Members for ratification, when applicable; and
ix) the termination of the
operations of the Indigenous Fund and the appointment of liquidators.
e)
The General Assembly shall meet in regular session once per year, and in
extraordinary session as often as may be necessary, on its own initiative or at
the request of the Board of Directors, in accordance with the procedures
established by the General Assembly.
3.3 Board of Directors
a)
Composition. The Board of Directors shall be composed of nine members elected by
the General Assembly, who shall represent, in equal parts, the Governments of
the States of the region that are Members of the Indigenous Fund, the Indigenous
Peoples of those same Member States and the Governments of the other Member
States. The term of office of the members of the Board of Directors shall be two
years, with appropriate arrangements for rotation.
b) Decisions.
i) Decisions shall be adopted by the unanimous affirmative vote in favor of the
delegates of the States of the Region that are Members of the Indigenous Fund,
together with a majority of affirmative votes of the representatives of the
other Member States and a majority of affirmative votes of the delegates of the
Indigenous Peoples.
ii) Decisions of the Board of Directors that affect a
particular country shall also require, for their validity, the approval of the
Government of the State concerned and of the beneficiary Indigenous People,
through the most appropriate mechanisms.
c) Functions. In accordance with
the rules, regulations and guidelines approved by the General Assembly, the
Board of Directors shall perform the following functions:
i) propose to
the General Assembly such complementary rules and regulations as are required
for the fulfillment of the objectives of the Indigenous Fund, including the
By-laws of the Board;
ii) appoint one of its members as Chairman, by
means of the voting mechanism set forth in paragraph 3.3 (b) above;
iii)
adopt the necessary measures for the implementation of this Agreement and of the
decisions of the General Assembly;
iv) evaluate the technical and
administrative needs of the Indigenous Fund and propose the corresponding
measures to the General Assembly;
v) administer the resources of the
Indigenous Fund and authorize the contracting of loans;
vi) submit to the
consideration of General Assembly for the proposed annual program and budget,
and the periodic statements of account of the resources of the Indigenous
Fund;
vii) consider and approve programs and projects that are eligible
to receive assistance from the Indigenous Fund, in accordance with its
objectives and rules;
viii) arrange and provide technical assistance and
the necessary support for the preparation of the projects and programs;
ix) promote and establish mechanisms for concerted action by Members of the
Indigenous Fund, cooperating entities and beneficiaries;
x) propose to
the General Assembly the appointment or the Technical Secretary of the
Indigenous Fund;
xi) temporarily suspend the operations of the Indigenous
Fund until the General Assembly has an opportunity to examine the situation and
take appropriate measures;
xii) exercise such other faculties as this
Agreement confers upon it and perform the functions assigned to it by the
General Assembly.
d) Meetings. The Board of Directors shall meet at least
three times per year, in April, August and December, and in extraordinary
session whenever it deems necessary.
Article 4
Administration
4.1
Technical and Administrative Structure.
a) The General Assembly and the
Board of Directors shall determine and establish the technical and
administrative structure of the Indigenous Fund, in accordance with Articles 3.2
(d) (vi) and 3.3 (c) (iv) and (x). This structure, hereinafter referred to as
the Technical Secretariat, shall consist of highly qualified staff in terms of
professional training and experience whose number shall not exceed ten: six
professional and four administrative staff. Additional personnel needs for
projects may be met through the hiring of temporary personnel.
b) The
General Assembly, if it considers necessary, may expand or adjust the
composition of the Technical Secretariat.
c) The Technical Secretariat
shall function under the direction of a Technical Secretary appointed in
accordance with the provisions referred to in subparagraph (a) above.
4.2
Administration Contracts. The General Assembly may authorize the signature of
administration contracts with entities possessing the resources and experience
required to perform the technical, financial and administrative management of
the resources and activities of the Indigenous Fund.
Article
5
Cooperating entities
5.1 Cooperation with Entities that are not
Members of the Indigenous Fund.
The Indigenous Fund may sign special
agreements, approved by the General Assembly, to enable States that are not
Members, as well as public and private, local, national and international
organizations, to contribute to the capital of the Indigenous Fund, to
participate in its activities, or both.
Article 6
Operations and
activities
6.1 Organization of Operations. The Indigenous Fund shall
organize its operations on the basis of a classification of programs and
projects by areas, in order to facilitate the concentration of administrative
and financial efforts and programming by means of periodic resource allocations,
to viabilize the accomplishment of the concrete objectives of the Indigenous
Fund.
6.2 Beneficiaries. The programs and projects supported by the
Indigenous Fund shall benefit directly and exclusively the Indigenous Peoples of
the Latin American and Caribbean States that are Members of the Indigenous Fund
or have signed special agreements with said Fund to enable the Indigenous
Peoples of their countries to participate in the activities of the Fund, in
accordance with article 5.
6.3 Eligibility Criteria and Priority. The
General Assembly shall adopt specific criteria that will make it possible, in an
interdependent manner and taking into account the diversity of the
beneficiaries, to determine the eligibility of the prospective beneficiaries of
the operations of the Indigenous Fund and to establish the priority of programs
and projects.
6.4 Financing Conditions.
a) Taking into account the
diverse and particular characteristics of the eventual beneficiaries of the
programs and projects, the General Assembly shall establish flexible guidelines
to be used by the Board of Directors to determine the financing terms and
establish the conditions for execution of each program and project, in
consultation with those concerned.
b) In accordance with the
above-mentioned criteria, the Indigenous Fund shall grant nonreimbursable
resources, loans, guarantees and utilize other appropriate financing mechanisms,
individually or in combinations.
Article 7
Evaluation and
monitoring
7.1 Evaluation of the Indigenous Fund. The General Assembly shall
periodically evaluate the functioning of the Indigenous Fund as a whole, on the
basis of such criteria and using such means as it considers appropriate.
7.2 Evaluation of Programs and Projects. The progress of the programs and
projects shall be evaluated by the Board of Directors. Special consideration
shall be given to the requests submitted in this regard by the beneficiaries of
such
