<СОГЛАШЕНИЕ О СОЗДАНИИ ФОНДА РАЗВИТИЯ КОРЕННОГО НАСЕЛЕНИЯ ЛАТИНСКОЙ АМЕРИКИ И КАРИБСКОГО БАССЕЙНА> [англ.](Заключено в г. Мадриде 24.07.1992)
ESTABLISHING THE FUND FOR THE DEVELOPMENT
INDIGENOUS PEOPLES OF LATIN AMERICA
AND THE CARIBBEAN
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.
Purpose and functions
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."
"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.
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
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.
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.
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.
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:
delegate from each of the Member State, duly accredited by the respective
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.
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
ii) In matters that affect the Indigenous Peoples of one or
more countries, the affirmative vote of their delegates shall also be
c) Regulations. The General Assembly shall issue its By-laws
and such other regulations as it deems necessary for the functioning of the
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
vi) the approval of the technical and administrative structure of
the Indigenous Fund and the appointment of its Technical Secretary;
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
termination of the operations of the Indigenous Fund and the appointment of
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
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
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.
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
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
iv) evaluate the technical and administrative needs of the
Indigenous Fund and propose the corresponding measures to the General
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;
consider and approve programs and projects that are eligible to receive
assistance from the Indigenous Fund, in accordance with its objectives and
viii) arrange and provide technical assistance and the necessary
support for the preparation of the projects and programs;
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
xii) exercise such other faculties as this
Agreement confers upon it and perform the functions assigned to it by the
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.
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.
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.
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.
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
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
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.
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
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 programs and projects.
8.1 Right to Withdraw. Any Member State may withdraw from the
Indigenous Fund by giving written notification of its intention to the Chairman
of the Board of Directors, who shall notify the General Secretariat of the
United Nations Organization. The withdrawal shall take effect one year after the
date of receipt of said notification.
8.2 Settlement or Accounts.
a) In the event of the withdrawal of a Member State, the Contributions made by
such Member State to the Indigenous Fund shall not be returnable.
Member State that withdraws from the Indigenous Fund shall remain liable in
respect of sums owed to the Indigenous Fund and obligations assumed vis-a-vis
the Fund prior to the date of termination of its membership.
Termination of operations
9.1 Termination of Operations. The Indigenous
Fund may terminate its operations by decision to that effect by the General
Assembly, which shall appoint liquidators, determine the payment of debts and
arrange the distribution of assets on a proportional basis among its Members.
10.1 Legal Status.
Indigenous Fund shall have juridical personality and full capacity to:
i) enter into contracts;
ii) purchase and dispose of personal and real
iii) accept and grant loans and grants, give guarantees,
purchase and sell securities, invest such funds as are not committed for its
operations and perform all financial transactions necessary for the
accomplishment of its purpose and functions;
iv) institute judicial or
administrative proceedings and appear in court;
v) perform all other
actions required for the performance of its functions and the accomplishment of
the objectives of this Agreement.
b) The Indigenous Fund shall exercise
these faculties in accordance with the legal requirements of the Member State in
whose territory it is carrying out any operations and activities.
Immunities, exemptions and privileges
11.1 Grant of Immunities. The
Member States shall adopt, in accordance with their own legal systems, such
measures as are necessary to confer upon the Indigenous Fund the immunities,
exemptions and privileges required for the accomplishment of its objectives and
the performance of its functions.
Amendment of the Agreement. This Agreement may only be amended with the
unanimous consent of the General Assembly, subject, when required, to
ratification by the Member States.
13.1 Headquarters of the Fund. The Indigenous Fund shall have its headquarters
in the city of La Paz, Bolivia.
13.2 Depositaries. Each Member State
shall designate its Central Bank as depositary so that the Indigenous Fund may
keep its available resources in the currency of that Member State and other
assets of the institution. In the event that a Member State does not have a
Central Bank, it shall designate, in agreement with the Indigenous Fund, some
other institution far this purpose.
14.1 Signature and Acceptance. This Agreement shall be deposited with the
General Secretariat of the United Nations Organization, where it shall remain
open to receive the signatures of the representatives of the Governments of the
States of the region and of other States which wish to become Members of the
14.2 Entry into Force. This Agreement shall enter into
force when the ratification instrument has been deposited by at least three
States of the region, in accordance with paragraph 14.1 of this article.
14.3 Denunciation. Any Member that has ratified this Agreement may denounce it
by giving written notification to the Secretary-General of the United Nations
Organization. Such denunciation shall not take effect until one year after the
date of its registration.
14.4 Commencement of Operations.
The Secretary-General of the United Nations Organization shall convene the first
session of the General Assembly of the Indigenous Fund as soon as this Agreement
has entered into force pursuant to paragraph 14.2 of this article.
its first session, the General Assembly shall take the necessary actions to
appoint the members of the Board of Directors, pursuant to paragraph 3.3 (a) of
article 3 of this Agreement, and to determine the date on which the Indigenous
Fund shall commence its operations.
15.1 Interim Committee. Once this Agreement has been signed by
five States of the region, and without any obligations being generated for the
States that have not ratified it, an Interim Committee with composition and
functions similar to those described for the Board of Directors in paragraph 3.3
of article 3 of this Agreement shall be established.
15.2 Under the
direction of the Interim Committee, there shall be established a Technical
Secretariat, having the characteristics set forth in paragraph 4.1 of article 4
of this Agreement.
15.3 The activities of the Interim Committee and of
the Technical Secretariat shall be financed with voluntary contributions from
the States that have signed this Agreement, together with contributions from
other States and entities, by means of technical cooperation and such other
forms of assistance that the States or other entities can arrange with
Done in the City of Madrid, Spain, in one
single original dated the 24th day of July, 1992, in Spanish, Portuguese and
English texts of equally validity.