ASSOCIATION OF CARIBBEAN STATES

THIRD ORDINARY MEETING OF THE MINISTERIAL COUNCIL

Cartagena de Indias, Colombia, November 28, 1997

 

Agreement No. 12 / 97

 

REGULATIONS FOR THE RECOGNITION AND ADMISSION OF SOCIAL ACTORS

The Ministerial Council,

Pursuant to:

  1. Article IX of the Convention Establishing the Association of Caribbean States;
  2. Agreement No. 5/95 adopted by the Ministerial Council at its First Ordinary Meeting in Guatemala in December 1995;

Whereas:

It is necessary to determine the criteria and the procedure for the recognition and acceptance of Social Actors in the work and meetings of the Ministerial Council and the Special Committees of the Association.

Hereby Agrees:

To approve the Regulations for the recognition and admission of Social Actors in accordance with Annex 1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX 1

REGULATIONS FOR THE RECOGNITION AND ADMISSION OF SOCIAL ACTORS

 

I. GENERAL PROVISIONS

ARTICLE 1: Definitions. For the purpose of these Regulations, the definitions identified in Article 1 of the Convention Establishing the Association of Caribbean States, hereinafter referred to as the Convention, shall apply, as well as those in Agreement No. 5/95 approved by the Ministerial Council in Guatemala City on December 1, 1995.

ARTICLE 2: Scope of these Regulations. These Regulations shall determine the criteria and the procedure for the recognition and acceptance of Social Actors in the work and meetings of the Ministerial Council, and the Special Committees of the Association, in accordance with the provisions of Article IX of the Convention and Agreement No. 5/95.

 

ARTICLE 3: Additional Provisions. Those circumstances that are not provided for in the Convention, Agreement No. 5/95 or in these Regulations, shall be resolved by the Ministerial Council.

ARTICLE 4: Authority. In the case of conflict arising out of the interpretation of any of the provisions in these Regulations, the Convention and Agreement No. 5/95, the latter two shall prevail.

II. PROCEDURAL NORMS

ARTICLE 5: Criteria for the recognition and acceptance of Social Actors. To be recognised as such, Social Actors, as defined in the Convention Establishing the Association and in Agreement No. 5/95, must submit, together with their request for admission, documents that have legal value for one or more of the Member States of the Association and attest to the following:

    1. Aims: The objectives of their normal activities should coincide with one or more of the objectives stipulated in Article 3, Item 1 of the Convention Establishing the Association of Caribbean States.

    1. Their participation should contribute effectively to the accomplishment of the goals set forth in the Plan of Action adopted at the Summit of Heads of State and Government in Port of Spain, as well as those contained in the Work Programme of the Association, pertinent decisions of the Ministerial Council, and the activities outlined in the Work Programmes of the Special Committees.

    1. Their capacity to participate through technical, scientific, economic or financial co-operation, in development programmes and projects agreed on by the Association. Their request should specify how the said co-operation would help to accomplish one or more specific programmes of the Association.

    1. Objectives: The Social Actor should satisfy at least one of the following objectives:

a. Collaboration in the enhancement and strengthening of co-operation for sustainable development in the cultural, economic, social, scientific and technological spheres at the regional level.

b. The conducting of economic, social, technical and/or scientific studies, analysis and research in those areas of regional interest that may have been identified in the programmes of the Association.

c. The provision of financial support for the development of projects that coincide with the aims and objectives of the Association.

d. The prevention and repair of damage caused by accidents, disasters, calamities, etc. that occur in the region.

e. Any other objectives that are compatible with the priority areas of the Association.

    1. Operational Capacity: The Social Actor must be an efficient and competent organisation, both in terms of its administration and accounting procedures. In addition, it must demonstrate the use of modern technologies for the design, management and execution of projects.

The Social Actor must include among its activities a sub-regional or regional project, involving at least two of the three official languages of the Association and five (5) or more Members.

    1. Funding: The Social Actor must indicate, in a clear and accurate manner, the sources and types of funding received in the three years prior to the date of its request for recognition and acceptance.

 

ARTICLE 6: Participation. In accordance with the provisions outlined in Articles 7 and 8 of Annex I of Agreement No. 5/95, the Social Actors may be expressly invited, by consensus and for specific topics, to participate, in a consultative capacity, on those matters included in the agenda and requiring their participation, only during open sessions of the Ministerial Council and the Special Committees. Invitations will be issued by the Chairman of the respective Executive Board of the Ministerial Council or of the Special Committees.

The Intersessional Preparatory Meeting will review every two (2) years the list of Social Actors which have been recognised and accepted by the Ministerial Council, and will identify, in accordance with the report submitted by the Secretariat for that purpose, those Social Actors that have ceased to exist or no longer satisfy the criteria for recognition and acceptance, as established in the Convention and the Agreements in force, so that the Ministerial Council might decide to terminate or suspend the status of Social Actor in the Association of Caribbean States.

Should the Ministerial Council decide to terminate or suspend the status of Social Actor, the Secretariat shall inform the respective legal representatives of its decision.

The participation and activities of Social Actors in the territory of Member States other than that of their domicile will be subject to the legislation of the Member States.

ARTICLE 7: Follow-up of activities of Social Actors. The Secretariat shall prepare an annual report for the Ministerial Council regarding the activities undertaken by the Social Actors in the work and meetings of the Ministerial Council and the Special Committees, demonstrating the compliance of the Social Actors with the criteria set out in the Convention and the Agreements in force.

ARTICLE 8: Contributions. In accordance with the provisions of Article 9 of Annex I of Agreement No. 5/95, Social Actors may contribute to the Special Fund and other funds and programmes established for the development of projects that coincide with the objectives of the Association of Caribbean States, in keeping with the requirements and procedures laid down in pertinent decisions of the Ministerial Council.

III. FINAL PROVISIONS

ARTICLE 10: Entry into Force. These Regulations will enter into force on the date of their approval by the Ministerial Council of the Association.

ARTICLE 11: Amendments. These regulations may be amended in accordance with the terms of Article XI, item 4 of the Convention.