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The Latin American States duly represented at the meeting convened to establish the Latin American Organization for Fisheries Development; Considering that, the Action Committee of Sea and Freshwater Products was set up for the purpose of exercising the sovereign rights of each of the Latin American States in order to exploit and properly use their fishery resources, and that establishment is based on the principles of equality, sovereignty, independence of States, non-intervention in domestic affairs and mutual respect among Member States given the importance of Fisheries in the economies of these countries and the nourishing of their people; That, it is necessary to encourage the correct use and protection of fishery resources within its maritime jurisdiction zones of each State whilst preserving the marine and freshwater environment and applying rational conservation policies for the same which entails mutual cooperation and the development of joint programs; That, such an organization harmonizes with the principles stated in the Charter Economic Rights and Duties of States and the Declaration for the Establishment a New International Economic Order as well as in other declarations adopted at Conferences held at the initiative of the developing countries; That the Panama Constitutional Convention of SELA maintains as one of its principles to support multilateral efforts of regional cooperation, and sets up the Action Committee as temporary operational instruments; That, SELA Latin American Council through its Resolution No. 13 established the Action Committee of Sea and Freshwater Products and because of the endeavours of member States significant progress has been made in the field of regional cooperation in Fisheries; and taking into account the success of the Action Committee which made possible the holding of an Annual Ministers' Meeting on Fisheries and that the Action Committee's Meetings and the I and II Ministers' Conference have adopted important agreements convinced of the need to strengthen regional cooperation through the creation of a Permanent Mechanism of Regional Cooperation in view of the proximity of expiration of the Committee, whose incorporation Agreement was subscribed on October 17, 1977; That Resolutions 7, 65 and 92, the SELA Latin American Council, after evaluating the results obtained by the Action Committee, recommends the prompt creation of a Permanent Organism of Regional Cooperation on Fisheries; That, the Resolution approved at the Second Ministers' Meeting held in Guayaquil, Ecuador, on October, 1981, agreed to constitute the Latin American Organization for Fisheries Development as a permanent organism of regional cooperation; That, a closer cooperation and coordination among Latin American countries should contribute to the attainment of greater economic and social benefits and a better use of the fishery resources by its peoples; Taking note of the recent adoption of the United Nations Convention on the Law of the Sea and acknowledging the important contribution of Latin American States to the progressive development of the international law of the Sea and notwithstanding the different position of Latin American States on the adoption of that Convention; Recognizing the urgent need to create a permanent mechanism of regional cooperation within the Latin American Fisheries Sector; Decide to subscribe to the following Constitutional Agreement of the
Latin American Organization for Fisheries Development. CHAPTER ONE. NAME, PRINCIPLES, OBJECTIVES AND AREAS OF ACTION Article 1 NAME The Latin American States represented at the third Annual Meeting of Ministers responsible for matters concerning fisheries create the Latin American Organization for Fishery Development, the abbreviation of which is OLDEPESCA. OLDEPESCA shall have international legal personality, and shall be governed by the provisions of this Agreement and Regulations made hereunder. Article 2 HEADQUARTERS The headquarters of OLDEPESCA will be located in the city of Lima, Peru. Article 3 PRINCIPLES The actions of OLDEPESCA shall be based on the principles of equality, sovereignty, independence of the States, solidarity, non-intervention in domestic affairs and respect for the different political, economic and social systems, in accordance with the Declaration of Principles of International Law and with reference to relations of friendship and cooperation between States in accordance with the Charter of the United Nations unanimously approved at the General Assembly of the U.N. during its XXV Session, and respect for the sovereignty of States over their fishery resources. Article 4 OBJECTIVES The main purpose of the Organization is to meet Latin American food requirements adequately, making use of Latin American fishery resource potential for the benefit of Latin American peoples, by concerted action in promoting the constant development of the countries and the permanent strengthening of regional cooperation in this sector. To this end, the objectives of OLDEPESCA are as follows:
Article 5 AREAS OF ACTION Regional cooperation shall concentrate mainly on the following areas:
CHAPTER TWO. MEMBERS AND THEIR OBLIGATIONS Article 6 MEMBERSHIP The members of OLDEPESCA shall be those States belonging to the Latin American Economic System which sign and ratify [or] which accede to the present Agreement. Article 7 SUPPORT OF OLDEPESCA The member countries undertake to carry out the decisions expressed in resolutions issuing from the competent organs of OLDEPESCA. Similarly, they undertake to create and strengthen the necessary mechanisms to put into practice the objectives set out in this instrument. They also undertake to prepare and furnish statistical data and information required by OLDEPESCA to achieve its goals and to appoint the competent national agency to coordinate its activities. Article 8 INTERNATIONAL STATUS The contracting parties undertake to acknowledge and respect the
international status of the officers of the Executive Management Board. CHAPTER THREE. STRUCTURE Article 9 ORGANS OLDEPESCA consists of the following organs:
First Section. Conference of Ministers Article 10 COMPOSITION The Conference of Ministers is the supreme authority of the Organization. It consists of Ministers or Secretaries of State who are responsible for matters related to the fishery sector, who may attend the Conference with such experts and advisors as they may deem necessary. In the event a Minister is unable to attend a meeting, he may be represented by a delegate appointed expressly for this purpose. Article 11 POWERS The Conference of Ministers, as the Organizations supreme Authority, has the following powers:
Article 12 MEETINGS The Conference of Ministers shall hold a regular meeting once a year. It may also hold extraordinary meetings at the request of at least one half plus one of the Member States. The meetings shall be convened by the Executive Director and shall be held at OLDEPESCA Headquarters, except when otherwise agreed upon by the Conference of Ministers. The Conference of Ministers shall elect a Chairman and a Vice-Chairman. The Executive Director shall act as Secretary of the said Conference. At the first ordinary meeting of the Conference of Ministers, the first Chairman and Vice-Chairman shall be elected by consensus. Should there be no consensus those officers shall be elected by a vote of no less than two thirds of the Member States present. The Chairman and Vice-Chairman of the Conference of Ministers shall act in those capacities until the following Regular Meeting and shall preside over the extraordinary meetings to be held during this period. Afterwards, the offices of Chairman and the Vice-Chairman shall be held successively by the Minister of each country in alphabetical order according to the Spanish language. During the exercise of his functions, the Chairman or whoever is acting as such, shall be replaced as a representative of his Government by the delegate appointed to this end. During the meetings of the Conference of Ministers, the Permanent Secretariat of SELA shall act as observer, as may all those countries or international organizations the Conference may invite. The Conference may also hold meetings that may be attended only by its members. Article 13 QUORUM The Conference of Ministers may hold meetings only with the attendance of at least one half plus one of its members. Article 14 THE RESOLUTIONS The Conference shall express its will through Resolutions. Each country shall have one vote. The Resolutions shall be adopted by a majority of no less than two thirds of the Member Countries present in the cases set out in subparagraphs (a), (c), (f), (j), (m) of Article 11. In other cases Resolutions shall be adopted by a majority of no less than one half plus one of the Member Countries present. Second Section. Governing Board Article 15 COMPOSITION The Governing Board is the technical agency of OLDEPESCA. It consists of an Official Representative and a substitute appointed by each Member Country. Article 16 POWERS The Governing Board shall formulate, analyze, revise, propose and recommend to the Conference all those provisions necessary for the application of this Agreement and achievement of its objectives. To this end, the Governing Board has the following powers:
Article 17 MEETINGS The Governing Board shall hold an Ordinary Meeting once a year prior to the Annual Meeting of the Conference of Ministers. It may hold extraordinary meetings at the request of at least one half plus one of the Member Countries or of the Conference of Ministers. The Meeting of the Governing Board shall be convened by the Executive Director and shall be held at OLDEPESCA headquarters except when otherwise agreed upon by the Conference of Ministers. The Governing Board shall elect a Chairman and a Vice-Chairman from among its Members. The Executive Director shall act as Secretary. At the first ordinary meeting of the Board the first Chairman and Vice-Chairman shall be elected in the same manner as that set out in Article 12. The Chairman and Vice-Chairman of the Governing Board shall act in those capacities until the following Regular Meeting and shall preside over the special meetings to be held during this period. Afterwards, the office of Chairman and Vice-Chairman shall be held successively by the representative of each country in alphabetical order according to the Spanish language. During the exercise of his functions, the Chairman or whoever is acting as such, shall be replaced as a representative of his Government by the respective alternate representative. Article 18 QUORUM The Governing Board may hold meetings only with the attendance of at least plus one of its members. Article 19 RESOLUTIONS The Board shall express its will through Resolutions. Each country shall have one vote. The Resolutions shall be adopted by a majority of no less than one half plus one of the Members present. Third Section. Executive Management Board Article 20 EXECUTIVE DIRECTOR An Executive Director shall be in charge of the Executive Management Board. The officer shall be a highly qualified individual in every respect with such experience as to ensure the proper performance of his duties. As Executive Director he shall neither seek nor receive instructions from any member country except through the Conference of Ministers, or from any countries or authorities external to OLDEPESCA. He shall refrain from any action incompatible with his position as an international officer and shall not hold any other position, whether remunerated or not. The Executive Director is responsible only to the Conference of Ministers. The Executive Director shall be a national of a Member Country of OLDEPESCA and shall after his appointment, reside in the host country of the Organization. He shall be appointed by the Conference of Ministers for a term of three years, and may be reappointed for one additional term, only. In the event of his resignation or removal from office, the Conference shall immediately proceed to appoint a new Executive Director who shall exercise his functions for the same term. Article 21 FUNCTIONS The Executive Director is the highest executive officer of OLDEPESCA. His functions are as follows:
Article 22 ASSISTANT EXECUTIVE DIRECTOR The Assistant Executive Director shall perform the duties that the Executive Director assigns to him and shall represent him during his absence. To be appointed to this position, the same requirements which are established in Article 20 in respect of the appointment of Executive Director shall be met. Article 23 APPOINTMENT OF PERSONNEL The Executive Director shall appoint personnel for the Executive Management Board. To this end, he shall consider above all the efficiency, competence and honesty of the candidates. If possible and in so far as this is not incompatible with the previous criterion, consideration shall be given to the desirability of obtaining as wide a Latin American geographical representation as possible. During the exercise of their functions, personnel shall not receive or seek instructions from any Government or from any other authority external to OLDEPESCA. Fourth Section. Technical Committees Article 24 CREATION AND OPERATION The Conference of Ministers may on its own initiative or at the
proposal of the Governing Board set up such technical committees and systems of operation
as may be thought necessary for the formulation and execution of specific projects. The
Technical Committees shall be composed of representatives of the Countries participating
in the respective projects. The periods of operation of such shall not continue longer
than the life of the project being carried out. The Committees shall report their
activities to the Executive Director and he, in turn to the Governing Board. The Executive
Management Board shall actin in the execution of the different projects. CHAPTER FOUR. LEGAL CAPACITY, ASSETS AND FINANCIAL RESOURCE Article 25 LEGAL CAPACITY OLDEPESCA shall have international legal personality and capacity to hire, purchase and transfer personal property or real estate as well as to institute judicial proceedings for the achievement of its objectives, according to the domestic laws of the States where such capacity is exercised. Article 26 ASSETS The financial assets of OLDEPESCA consist of the initial contribution and annual dues of its Members and all the property and rights it may acquire whether by purchase or by gift. The contribution of its Members shall be in accordance with the scheme of the Latin American Economic System as determined by the Conference of Ministers and may be changed in accordance with its needs. Article 27 BUDGET The operations of OLDEPESCA shall be financed through annual contributions made by the Member Countries. The Executive Management Board shall propose to the Governing Board a draft budget and a quota of annual contributions due from Member Countries in keeping with the system established by the Conference of Ministers. The fiscal year begins January 1st, and ends December 31st. OLDEPESCA seek additional sources of funds to finance its operation. The Conference of Ministers shall determine the means to achieve this objective. Article 28 EXTERNAL AUDITING At the end of each fiscal year, an external auditor shall examine the
accounting books and registers of OLDEPESCA and shall submit to the Governing Board the
corresponding financial reports which the Board in turn shall submit for consideration to
the Conference. This external auditor shall have access to OLDEPESCAs accounting and
shall submit the reports he may deem pertinent or which may be requested. CHAPTER FIVE. PRIVILEGES AND IMMUNITIES Article 29 PRIVILEGES AND IMMUNITIES OLDEPESCA as an International Organization shall enter into a headquarters Agreement with the Government of the Member Country in whose territory its headquarters is located, which Agreement shall be signed by the Government concerned and by the Executive Director with the prior approval of the Conference of Ministers. In case the Organization would establish offices or agencies in any
other Member State, the corresponding agreements on privileges and immunities shall be
agreed upon. CHAPTER SIX Article 30 SIGNATURE This Agreement will be open for signature by any Member State of the Latin American Economic System at the Ministry of Foreign Affairs of Peru from October 29, 1982 until January 29, 1983. Article 31 RATIFICATION This Agreement shall be subject to ratification. The instruments of ratification shall be deposited at the Ministry of Foreign Affairs of Peru. Article 32 ACCESSION After 29 January, 1983 this Agreement shall be open to accession by any member of the Latin American Economic System. The instrument of accession shall be deposited at the Ministry of Foreign Affairs of Peru. Article 33 ENTRY INTO FORCE This Agreement shall enter into force 30 days after the deposit of the fourth instrument of ratification. For each country that ratifies or accedes to the Agreement after the fourth instrument of ratification has been deposited, the Agreement shall enter into force on the date of deposit of such instrument of ratification or accession. Article 34 DEPOSITARY The depositary shall inform the countries party to the Agreement of:
Article 35 AMENDMENTS Any State party to this Agreement may, through the Executive Management Board propose the amendment or alteration of this Agreement and the Executive Management Board shall report the proposal to other States party to this Agreement. The Conference of Ministers shall examine the proposals during its next ordinary meeting or it may under Article 12 call for an Extraordinary meeting. Proposals for amendment shall be voted on in accordance with Article 14 and shall, if approved, enter into force (thirty days after the fourth notification) in the same manner as set out in Article 33. Article 36 DENUNCIATION This Agreement shall remain in force indefinitely but each State party to the Agreement may denounce it at any time by written notification to the host country. The denunciation shall have effect 180 days after the date on which the notice was received by the depositary. The Government of the host country shall notify the States party or signatories to this Agreement of the notification of the denunciation and the date on which the denunciation comes into effect. The State making the denunciation shall comply with any obligation by which it was bound before its denunciation, notwithstanding that such obligation may continue after the effective date of withdrawal. Notwithstanding the denunciation of this Agreement by a State, that State may continue to be linked to specific programmes until they are completed. This matter shall be decided by the Conference of Ministers. Article 37 RESERVATION No reservation may be made to this Agreement at the time of signature, ratification or accession. Article 38 DISPUTES Disputes relating to the application and interpretation of this Agreement which are not settled by the Members concerned shall at the request of any party to the conflict be referred to the Conciliation Commission appointed for this purpose and comprising delegates of the member countries chosen by the parties to the dispute. In the event that the dispute is not settled via the proceedings of the Conciliation Commission, the provisions of international law for the peaceful settlement of disputes shall be applied until a solution acceptable to the parties is found. Article 39 OFFICIAL LANGUAGES The official languages of this Agreement are those recognised by the Latin American Economic System. TRANSITORY PROVISION. SUBSTITUTION OF THE ACTION COMMITTEE ON SEA AND FRESHWATER PRODUCTS OLDEPESCA replaces the Action Committee on Sea and Freshwater Products set up in Lima, Peru, and consequently, the activities and projects which have not been completed by the Action Committee shall become part of OLDEPESCAs activities. Similarly, all the financial assets of the aforementioned Committee, as well as the financial commitments of the Member Countries, shall be transferred to OLDEPESCA. IN FAITH WHEREOF the plenipotentiaries duly accredited signed the present Agreement. DONE in the city of Mexico the twenty-ninth day of October one thousand nine hundred and eight-two, in one original of each one of the official languages of SELA, these texts being equally valid.
AMENDMENT 1 TO THE LATIN-AMERICAN FISHING DEVELOPMENT ORGANIZATION (OLDEPESCA) AGREEMENT The member states of the Latin-American Fishing Development Organization, duly represented in its 1st Ministerial Conference, In view of Articles 11 (c), 14 and 35 of the OLDEPESCA Agreement and Articles 7 and 8 of the Declaration by the Ministers of Fishing of SELA's Action Committee on Seafood and Freshwater Products issued in its 4th Meeting, held in October 1983, and Considering that it is of interest to the Latin-American and Caribbean countries to incorporate in the OLDEPESCA Agreement those provisions that improve it and contribute to the ratification of or adherence to that Agreement by all those countries; That, in this regard, it is necessary to specify in the Agreement that the countries which have signed agreements on the preservation, conservation and exploitation of marine and freshwater resources will, in the programs which they sign within the framework of the agreement, honor the commitments assumed in those agreements; and That it is also necessary to consider, in the Agreement, the principle of consensus on all those substantive aspects of regional cooperation that are in OLDEPESCA's sphere of competence, Resolve to amend the OLDEPESCA Agreement as follows: First. To include the following additional paragraph in Article 37 of the OLDEPESCA Agreement: "The signatory member states that have already entered into agreements for the preservation, conservation and exploitation of marine and freshwater resources will honor the commitments made by virtue of the aforementioned agreements when participating in programs arising from the Incorporation Agreement"; and Second. To modify Article 14 of the OLDEPESCA Agreement to read as follows: The Conference shall express its will through Resolutions. Each State has the right to one vote. Resolutions shall be adopted by consensus of attending Member States in those cases stipulated in paragraphs (c), (i) and (m) of Article 11, and by two thirds majority of attending Member States in those cases stipulated in paragraphs (a), (f), (h) and (j) of said Article. In all other cases, Resolutions shall be adopted by a majority not less than half plus one of attending Member States." IN WITNESS WHEREOF, the members of the Ministerial Conference, duly authorized, sign this amendment in Managua, Nicaragua, on November 2, 1984, with the one original in each of the languages of the Latin-American Economic System (SELA), all of which are equally valid.
AMENDMENT 2 TO THE LATIN-AMERICAN FISHING DEVELOPMENT ORGANIZATION (OLDEPESCA) AGREEMENT The member states of the Latin-American Fishing Development Organization, duly represented in its 1st Ministerial Conference, In view of Articles 11 (c), 14 and 35 of OLDEPESCA's Agreement and the Agreement of the 4th Meeting of Ministers of Fishing of SELA's Action Committee on Seafood and Freshwater Products and Considering that it is necessary to ensure the continuity of the cooperation actions undertaken by SELA's Action Committee on Seafood and Freshwater Products, contributing to OLDEPESCA's operation with broad participation by the countries which had been members of SELA's Action Committee; That, while adhesions to and ratifications of OLDEPESCA's Agreement occur, it is advisable to allow all the member countries of the Action Committee and other Latin-American and Caribbean countries that are members of SELA to participate in the Organization's activities so as not to interrupt the activities and projects undertaken by the said Committee; and That it is, therefore, advisable to include a Temporary Provision in OLDEPESCA's Agreement in order to make the fulfilment of the said objective feasible, Resolve to amend the OLDEPESCA Agreement as follows: First. To include the following Temporary Provision in the OLDEPESCA Agreement: "Participation of SELA member countries in OLDEPESCA "Until they complete their arrangements for ratification of or adhesion to OLDEPESCA's Agreement, all countries that have been members of SELA's Action Committee on Seafood and Freshwater Products may participate in its programs of activities, paying the annual fee to be established once they have concluded all the legal and technical procedures for this purpose. These countries will participate as full members in the meetings of the Ministerial Conference and of the Board of Directors, with the right to vote on the Program of Activities and the Budget, and in the meetings of the Technical Committees, with the right to formulate and implement specific projects and participate in the management of those projects. "All the other SELA member countries may adhere to the above-mentioned paragraph. "The present Temporary Provision will be valid for one year after the OLDEPESCA Agreement goes into effect but may be extended by the Ministerial Conference." IN WITNESS WHEREOF, the members of the Ministerial Conference, duly authorized, sign this amendment in Managua, Nicaragua, on November 2, 1984, with the one original in each of the languages of the Latin-American Economic System (SELA), all of which are equally valid. |
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