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last updated Oct/12/00 |
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STATUTE
OF THE INTER-AMERICAN DRUG ABUSE |
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[As Amended by the Twentieth Regular Sesion of CICAD Held in Buenos Aires, Argentina, October 15-18, 1996 and Adopted on June 4, 1997 by Resolution AG/RES. 1457 (XXVII-O/97) of the Twenty-Seventh Regular Session of the Genenral Assembly of the OAS Held in Lima, Perú, June 1-5, 1997] | |
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Chapter 1 NATURE, PRINCIPLES AND OBJECTIVES Article 1 The Inter-American Drug Abuse Control Commission (hereinafter "CICAD" or "the Commission") is an entity of the Organization of American States (hereinafter "the Organization"), established by the General Assembly of the Organization (hereinafter "the General Assembly") in accordance with Article 53 of the Charter of the Organization. CICAD shall enjoy technical autonomy in the performance of its functions, within the limits of the Charter of the Organization, this Statute and the Regulations, and the mandates of the General Assembly. CICAD performs its functions in accordance with the framework of the Inter-American Program of Action of Rio de Janeiro against the Illicit Use and Production of Narcotic Drugs and Psychotropic Substances and Traffic Therein (hereinafter "the Program of Action of Rio de Janeiro"), the mandates of the General Assembly, and the decisions taken by the Commission. Article 2 The activities of the Commission are governed by the applicable rules of the Organization, this Statute and the Regulations, the decisions of the General Assembly, and of the Commission.
Chapter II MEMBERSHIP Article 3 The Commission shall be composed of all the member states of the Organization that, at their request, are elected by the General Assembly. Article 4 Each of the member states of the Organization elected to the Commission shall appoint a Principal Representative and such Alternate representatives and advisors as it deems necessary. Article 5 Each member state of the Commission shall inform the Secretary General of the Organization (hereinafter "the Secretary General") of any changes in the composition of its representation. Article 6 Those member states of the Organization that are not members of the Commission shall have the right to participate in the Commission´s meetings with voice but without vote and may participate in the activities of the Commission in accordance with its Regulations. Article 7 The participation of the Permanent Observers of the Organization in the activities of the Commission shall be determined in accordance with the Regulations. Article 8 Membership on the Commission shall be for an indefinite period. However, should a member state wish to resign its membership, it shall so inform the Secretary General in writing. The Secretary General shall so advise the General Assembly. The resignation shall take effect at the next regular session of the Commission. The Executive Secretary of the Commission (hereinafter "the Executive Secretary") shall advise the other member states of the Commission of the resignation.
Chapter III QUORUM AND VOTING Article 9 A majority of the member states of the Commission shall constitute a quorum. Article 10 Each member state shall have the right to one vote. The Commission shall adopt its decisions by an absolute majority of the member states present, when agreement cannot be reached by consensus.
Chapter IV ELECTION PROCEDURE Article 11 Every member state of the Organization having an interest in membership on the Commission shall so inform the Secretary General in writing no less than thirty days before the opening of the session of the General Assembly at which the election for membership will be held. In presenting its candidacy, a member state shall express its intention to participate actively and fully in the work of the Commission and to cooperate in carrying out its activities, in accordance with the Program of Action of Rio de Janeiro, this Statute and the Regulations, the mandates of the General Assembly, and the decisions of the Commission. The Secretary General shall promptly inform the member states of the Commission and the Executive Secretary of the receipt of such an expression of interest. Article 12 Once informed of the candidacies formalized by the interested member states, the General Assembly shall proceed to elect the members to the Commission in accordance with the Assembly's Rules of Procedure. Article 13 Once the member states of the Commission have been elected, the respective governments shall inform the Secretary General without delay of the names of their Principal and, if any, Alternate Representatives. Article 14 Membership on the Commission shall begin immediately following the member state's election.
Chapter V BUDGET AND FINANCE Article 15 The expenses of the Commission shall be borne by the Organization as provided by the Organization's approved program-budget. Each member state shall bear the costs of its own representatives to participate in the regular and special sessions of the Commission. Article 16 The activities approved by the Commission to be executed by the Executive Secretariat shall be financed by:
The Executive Secretary shall present a report to the Commission on the origin of private donations and the purposes to which they will be put.
Chapter VI DUTIES Article 17 The member states of the Organization shall cooperate with the Commission in accomplishing its objectives. Article 18 The Representatives of the member states that serve on the Commission shall attend and participate in the regular and special sessions held by the Commission and carry out the mandates entrusted to them.
Chapter VII FUNCTIONS Article 19 The functions of the Commission shall be the following:
Chapter VIII HEADQUARTERS AND MEETINGS Article 20 The headquarters of the Commission shall be the General Secretariat of the Organization. Any member state of the Organization may invite the Commission to hold a meeting in its territory. The Commission shall decide on invitations to meet away from its headquarters. Article 21 The Commission shall hold two regular sessions per year, one an ordinary session, the other to address specific technical topics determined by the Commission or such other matters that require its special attention. This latter meeting may take any form that the Commission decides. The Commission shall hold special sessions whenever it so decides or at the request of a majority of its member states. In the latter case, the convocation shall be issued by the Executive Secretariat at the earliest opportunity. The procedure for convening special sessions of the Commission shall be in accordance with the Regulations.
Chapter IX CHAIRMAN AND VICE CHAIRMAN Article 22 The Commission shall have a Chairman and a Vice Chairman elected from among its member states. The offices of Chairman and Vice Chairman shall be held by the Principal Representatives of those member states elected. Elections to these offices shall be held each year, on the first day of the Commission’s regular ordinary session. Article 23 The Chairman and Vice Chairman shall each be elected by an absolute majority of the member states of the Commission present. If more than one round of voting is required, the candidate who receives the least number of votes shall be eliminated until a winning candidate is selected. The voting shall be by secret ballot. Article 24 The duties of the Chairman shall be determined in accordance with the Regulations. Article 25 The Vice Chairman shall replace the Chairman in the event of the latter's absence, incapacity or resignation. If the respective national authorities decide, for any reason, to change their Principal Representative while he is serving as Chairman or Vice Chairman of the Commission, the official named to replace him shall complete the term of office. If a member state resigns from either the Chairmanship or the Vice Chairmanship, the Commission may hold a special election to fill the vacant office. Article 26 The Chairman may delegate to the Vice Chairman such functions as he determines appropriate, in accordance with the Regulations.
Chapter X THE SECRETARIAT Article 27 The Commission shall have the support of the General Secretariat. The Secretary General, in consultation with the Commission, shall designate an Executive Secretary, and an Assistant Executive Secretary of the Commission. These positions shall be positions of trust. The Executive Secretary and the Assistant Executive Secretary shall be persons highly versed in the subject matter. Article 28 The Executive Secretariat is the technical operating and coordinating arm of the Commission, with the responsibility for carrying out the Commission's decisions and executing its programs. The Executive Secretariat shall be staffed with the necessary professional and administrative personnel headed by the Executive Secretary, who, in discharging his functions, shall abide by the provisions of the applicable rules of the Organization, this Statute and the Regulations, the decisions of the General Assembly and of the Commission. Article 29 The Executive Secretary shall also:
Chapter XI STATUTE AND REGULATIONS Article 30 The present Statute, approved by the General Assembly, may be amended only by the General Assembly. Article 31 The Commission shall adopt and amend its Regulations in accordance with this Statute, and shall notify the General Assembly of such amendments in its corresponding annual report. Article 32 The present Statute shall take effect on the date of its approval by the General Assembly.
REGULATIONS OF THE INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION (CICAD)
[As Amended by the Twenty-Seventh Regular Session of tCICAD Held in Lima, Peru, November 4-7, 1997]
CHAPTER I GOVERNANCE Article 1 The activities of the Commission are governed by the applicable rules of the Organization, the Statute and these Regulations, as well as the decisions of the General Assembly of the Organization and of the Commission. These Regulations supplement the Statute, which was approved by the General Assembly in Resolution AG/RES.1457 (XXVII- O/97), and serve to provide specific rules for the operation, administration and procedures of CICAD, for the achievement of its purposes and objectives. In case of conflict between the Statute and these Regulations, the Statute shall take precedence.
CHAPTER II MEMBERS Article 2 The principal or alternate representative of the member states serving on the Commission shall attend and participate in its regular and special sessions and comply with the mandates the Commission may entrust to them. Article 3 The Representatives of the member states of the Commission shall enjoy the privileges and immunities established in Article 134 of the Charter of the Organization of American States. Article 4 Those member states of the Organization that are not members of the Commission shall have the right to participate with voice but without vote, in the meetings of the Commission except for closed sessions. Such meetings shall include, but not be limited to, those of any expert or working group of the Commission and such information or training seminars as the Commission may offer.
Chapter III REPRESENTATIVES OF THE ORGANS, AGENCIES AND ENTITIES OF THE OAS, PERMANENT OBSERVERS TO THE ORGANIZATION AND SPECIAL GUESTS Article 5 The Secretary General of the Organization, or his representative, may participate with voice, but without vote, in the Commission's meetings. Article 6 Representatives of those organs, agencies and entities of the Organization with competence in areas related to the subject matter being discussed may attend and address the meetings of the Commission, except closed sessions. Article 7 Representatives of international, regional and national organizations whose purpose is the control of the abuse and illicit traffic in drugs may be invited to the meetings of the Commission and may address the meetings at the invitation of the latter. Article 8 The Permanent Observers to the Organization may also attend the meetings of the Commission, except for closed sessions, and may address the meeting at the invitation of the Commission. Permanent Observer countries may be accompanied by representatives of agencies that perform functions similar to those of CICAD from their dependent territories situated in the Americas. At the request of the Permanent Observer representative, the Commission may invite the representative of the dependent territory to address the meeting. Notwithstanding the foregoing, the representatives of the abovementioned dependent territories may, at the invitation of the Commission and with the authorization of the Permanent Observer country, attend the other meetings of the Commission referred to in Article 4, in accordance with its terms. Article 9 The Commission may invite professionals and technical experts of recognized competence in the topics to be discussed at the Commission's meetings to attend as special guests. This may include making presentations to the meeting at the request of the Commission. In addition, the Commission may invite non-government organizations that have a particular interest in a topic that is discussed at the Commission’s meetings to attend as special guests and to make presentations at the request of the Commission.
Chapter IV CHAIRMAN AND VICE CHAIRMAN Article 10 The duties of the Chairman shall be:
Article 11 The following procedure shall be followed to address the resignation by a member state of the office of Chairman or Vice Chairman as contemplated by Article 25 of the Statute. In the event that the member state that holds the Chairmanship of the Commission resigns that office, the member state holding the Vice Chairmanship shall assume it. Special elections for a new Vice Chairman shall be held at the next session of the Commission. Likewise, in the event that the member state that holds the Vice Chairmanship of the Commission resigns that office, the same procedure set out in the preceding paragraph shall be followed. In the event that resignations in both offices occur at the same time, the Commission shall convene a special session at which special elections for both offices shall be held. Article 12 The Chairman may delegate the functions set forth in Article 10, paragraphs b), h) and i) to the Vice Chairman or, in the latter's absence, to any other member of the Commission.
Chapter V SECRETARIAT Article 13 The General Secretariat of the Organization, in accordance with the allocation of funds in the Organization’s program budget, shall provide secretariat services to the Commission. The Secretary General shall appoint the technical and administrative personnel to provide services to the Commission in accordance with the General Standards and such other rules or regulations governing the operations of the General Secretariat of the Organization. Article 14 In addition to the functions stipulated in the Commission's Statute, the Executive Secretary shall have the following duties:
Article 15 The Assistant Executive Secretary shall replace the Executive Secretary in case of the latter's absence or incapacity. Article 16 The Executive Secretary, the Assistant Executive Secretary, and the professional and administrative staff under him must observe the strictest confidence concerning the affairs of the Commission.
Chapter VI FUNCTIONING OF CICAD Article 17 Whenever the Commision decides, in view of the importance or the urgency of a matter, that a special session shall be convened, or at the written request of a majority of member states of the Commission to the Secretariat, the Secretariat shall forthwith convene the meeting to take place within thirty days. Article 18 When a session of the Commission is held away from Headquarters, the government of the country of venue shall provide the services and facilities specified in the agreement to host the meeting that will be signed for that purpose. Article 19 The sessions of the Commission shall be governed by its Statute, these Regulations and secondarily, by the pertinent provisions of the Rules of Procedure of the Permanent Council of the Organization of American States. Article 20 The Commission may establish such permanent or special subcommittees, expert groups and working groups as it considers necessary. Article 21 There shall be summary minutes of the regular and special sessions of the Commission which shall record the date and time, the names of the representatives of the member states and other participants present, the matters discussed, the decisions taken and any statement that the representatives may make for the record. For other meetings of the Commission such as those of its expert groups there shall be prepared a final report including a record of the participants present and decisions taken.
Chapter VII Expert Groups Article 22 The expert groups of CICAD referred to in these Regulations are advisory bodies of the Commission and their functions and mandates are established, amended and ended by the Commission. Such expert groups, however, shall determine their internal operation and manner of carrying on business provided these are consistent with the CICAD Statute, these Regulations and the Rules of Procedure of the Permanent Council of the Organization. The expert groups and their members shall be responsible for the expenses they incur for their meetings unless other funds are available for this purpose.
Chapter VIII EXPENSES Article 23 For the purpose of Article 112.c of the Charter, the Commission shall present to the Secretary General its work program for each fiscal period. The consultation to which that provision of the Charter refers shall be made of the Commission or, in the event the Commission is not in session, of its Chairman.
Chapter IX RELATIONS WITH OTHER ORGANIZATIONS Article 24 In conducting its activities and with a view to maximizing cooperation in and coordination of its work, the Commission shall collaborate, through such agreements and contacts as it deems pertinent, with technical, governmental, nongovernmental and intergovernmental agencies engaged in similar activities. Article 25 When the activities of the Commission are germane to the technical competence of an Inter-American specialized organization, the subsidiary organs, agencies and other entities of the Inter-American System, the Commission shall request their cooperation in carrying out said activities.
Chapter X AMENDMENT OF THE REGULATIONS Article 26 The present Regulations may be amended by a decision of the majority of the member states of the Commission. Such amendments shall be submitted to the General Assembly with the relevant annual report. Article 27 These Regulations shall take effect on the date they are approved by the Commission.
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