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Charter of the The Developing-8 Organization

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:
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;
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;
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 socio-economic 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 socio-economic 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 project-based 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.

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






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