On the ratification of the Charter of the Islamic Organization for Food Security

Home / RLA / On the ratification of the Charter of the Islamic Organization for Food Security

The Law of the Republic of Kazakhstan dated November 21, 2014 No. 256-V SAM

RCPI's note! For the procedure for the enactment of this Law, see art.

Article 1. To ratify The Charter of the Islamic Organization for Food Security, adopted in Conakry on December 10, 2013.  Article 2. This Law shall enter into force on January 1, 2015.

President of the Republic of Kazakhstan N. NAZARBAYEV

THE CHARTER OF THE ISLAMIC ORGANIZATION FOR FOOD SECURITY

THE PREAMBLE

The Governments of the Member States of the Organization of Islamic Cooperation, which are parties to this Charter, Guided by the provisions of the Charter of the OIC on Strengthening Unity, cooperation and Solidarity among the peoples of the OIC Member States, with the aim of improving their well-being, prosperity and socio-economic development,  In accordance with Resolution No. 3/39-E on the Establishment of the OIC Institute for Food Security in Kazakhstan, adopted by the Thirty-ninth Session of the Council of Foreign Ministers of the Organization of Islamic Cooperation, held in Djibouti, Republic of Djibouti November 15-17, 2012,  Recognizing the need to find ways to address the major food security challenges faced by their Member States, in particular outbreaks of hunger, malnutrition, starvation, widespread poverty, growing populations, food shortages, desertification, reduced forest area, soil salinity and inefficient use of existing capacities,  Striving to create a collective platform for the promotion and development of food security, rural and agricultural development on a long-term basis through the mobilization of all available resources within their country, the exchange of experience and best practices, the development of investments and the transfer of appropriate technologies, Hereby establish this statute.:

CHAPTER I GENERAL PROVISIONS

Article 1 Definitions

In this charter, the following terms should have the meanings given opposite each of them: 1. The Organization means the Islamic Organization for Food Security. 2. General Assembly means the General Assembly of the Islamic Organization for Food Security. 3. The Executive Council means the Executive Council of the Islamic Organization for Food Security. 4. The Secretariat means the Secretariat of the Islamic Organization for Food Security. 5. Chairman means the Chairman of the Islamic Organization for Food Security. 6. Director General means the Director General of the Islamic Organization for Food Security. 7. The OIC means the Organization of Islamic Cooperation. 8. Member States are OIC Member States that have joined the Islamic Organization for Food Security in accordance with Article 5 of this Charter. 9. CFM means the Council of Ministers of Foreign Affairs of the OIC. 10. The Islamic Summit at the Highest Level means the Summit of Kings and Heads of State and Government of the OIC Member States. 11 Accredited representative means any person authorized by the relevant authority of the State to sign the charter. 12. Food means any product, whether processed, semi-processed, or raw, that is intended for human consumption. 13. Food security means conditions where all people, at all times, have physical, social, economic and financial access to sufficient, safe and nutritious food products in order to meet their needs and eating habits in order to ensure an active and healthy life.

Article 2 Headquarters

1. The headquarters of the organization will be located in Astana, Republic of Kazakhstan. The host country must provide all conditions for its smooth functioning, including diplomatic immunities and privileges. 2. The Organization may, in accordance with a resolution of the General Assembly and on the proposal of the Executive Board, establish centers, offices or institutes in any country as its branches under its control.

Article 3 Legal status

1. The Organization will be a specialized agency of the Organization of Islamic Cooperation in accordance with Article 24 of the OIC Charter. 2. The Organization will enjoy the status of a full-fledged legal entity as an international organization, and, using its full legal and legal capacity, carry out its functions and carry out its tasks, as defined in this charter. 3. The immunities and privileges, including legal immunity and exemption from taxation, granted to a branch in accordance with paragraph 2 of Article 2 must be determined by a bilateral Agreement between the Organization and the relevant host country.

Article 4 Goals and objectives of the Organization

1. The aims and objectives of the Organizations will be: (a) to provide expertise and technical know-how to Member States on various aspects of effective agricultural development, rural areas, food security, and biotechnology development, as well as to address problems caused by desertification, forest loss, erosion, and soil salinization, and to ensure sustainable social connections; (b) to assess and monitor, in coordination with the Member States, the industrial safety situation in the Member States in order to identify and provide the necessary emergency and humanitarian assistance, including through the creation of food security reserves; (c) to mobilize and manage financial and agricultural resources in order to develop agriculture and improve food security; security in the Member States; and (d) coordinate, formulate and implement common agricultural principles, including through the exchange and transfer of relevant technologies. 2. In order to achieve the above-mentioned objectives, the Organization strives to perform the following functions: (a) collect, study, interpret and disseminate information related to nutrition, products and agriculture; (b) conduct and supervise scientific, technological, social and economic research in the field of nutrition, products and agriculture; (c) to share information, data, studies and research related to the sustainable development of agriculture, biotechnology and production practice models, including irrigation, seed production, pesticides and agronomic management; (d) to promote the modernization of agricultural processes and institutional capacity building; (e) to facilitate the mobilization and management of resources for sustainable development of agriculture and food security of the Member States; (f) to stimulate investments within the OIC in agriculture and food security through micro-financial projects, capacity expansion, international projects and improved access to Islamic Financial products; (g) to develop and implement relevant regional and national projects, international programs, legal and other norms, as well as provisions in the field of food security for (h) to develop and implement general principles in the field of agriculture;; (i) to participate in humanitarian programmes on the basis of relevant requests from the OIC General Secretariat; (j) to establish the necessary regional mechanisms to provide the necessary assistance in the event of an emergency food need in the Member States as a result of food shortages, natural and man-made disasters, catastrophes, droughts and similar circumstances, taking into account the specifics of (k) cooperate with other international and regional organizations in accordance with Article 7.; (l) to implement the resolutions and recommendations of the OIC in this regard, issued by the Islamic Summits, the Council of Ministers of Foreign Affairs and the Ministerial Meetings of the OIC Ministers on Food Security and Agricultural Development; and (m) to take all necessary and appropriate measures to fulfill the objectives of the Organization.

Article 5 Membership in the Organization

1. Each OIC Member State may become a Member of the Organization upon signing this charter, after completing all legal formalities for registration of membership, in accordance with its domestic legislation, and informing the Organization's Secretariat in writing. A State that is not a member of the OIC or is an observer at the OIC cannot become a Member of the Organization. 2. A Member State or observer at the OIC that is not a Member of the Organization may apply for observer status at the Organization. Regional and international organizations may exercise observer rights after submitting a request and its approval by the General Assembly. 3. Only the Member States of the Organization have the right to vote in the General Assembly. Decisions should be made by consensus. If consensus cannot be reached, the decision shall be taken by a two-thirds majority of the Member States present and voting. 4. The nature and boundaries of the rights and responsibilities of the Member States are determined by this Charter, as well as the rules and regulations of the Organization.

Article 6 Reports of Member States

1. All Member States should periodically send to the Executive Council and the Secretariat the texts of laws and regulations on matters within the competence of the Organization, including statistical, technical and other information published or otherwise published or provided by public authorities, with the exception of information protected by national legislation. 2. The General Assembly, the Executive Council and the Secretariat may also request other information, reports or documents from Member States relating to matters within the competence of the Organization.

Article 7 Interaction of the Organization with other organizations

1. The Organization will maintain close cooperation with all OIC bodies in order to strengthen interaction and cooperation between them, as well as improve the quality of relations and synergy in the implementation of the principles of the OIC policies and programs. 2. The Organization should be guided in its activities by the general objectives of the OIC in accordance with the provisions of the decisions adopted by the Islamic Summits at the highest level, as well as the Ministerial Council. 3. The Organization should, upon receiving the approval of the General Assembly and in accordance with the aims and objectives of the OIC, develop close cooperation with regional and international organizations with the same membership in the OIC in order to help achieve its goals and objectives. In the same way, it should also establish close cooperation with any other governmental or non-governmental regional and international organizations involved in the field of agriculture, rural development and food security.

Article 8 Conventions and Agreements

1. The General Assembly shall, subject to a two-thirds majority decision, adopt and submit to the Member States conventions and agreements in the field of food and agriculture for their approval. 2. For the purposes of part 1 above, conventions and agreements should: (a) contain provisions on their entry into force, as well as on the number of positive decisions rendered by Member States; (b) not cause any financial obligations to Member States that have not signed this charter. 3. The General Assembly has the right to develop rules for consultations with the Governments of the Member States, as well as providing technical support for the development of conventions and agreements.

CHAPTER II ORGANS OF THE ORGANIZATION

Article 9 Bodies of the Organization

The organs of the Organization are: (a) The General Assembly; (b) the Executive Board; and (c) the Secretariat.

Article 10 The General Assembly

1. The General Assembly shall include the Ministers responsible for matters within the framework of the Organization's mandate or their representatives, nominated by the Member States concerned. The General Assembly convenes scheduled sessions once a year. Extraordinary sessions may be held, if necessary, at the request of five participants, provided that two thirds of the Organization's participants give their consent. Each member is given the right to one vote. 2. Powers and duties of the General Assembly: (a) to elect the Chairman and Vice-Chairman for a one-year term with the right to be re-elected once, taking into account the principle of equitable geographical distribution; (b) to elect the Chairman and members of the Executive Board based on the principle of equitable geographical representation; (c) to develop the general course and policy of the Organization; (d) adopt a budget, establish and to control the financial policy and the general work program of the Organization, as well as the methods of implementing this program; (e) to elect the Director-General of the Organization in accordance with Article 15 (2) of this statute; and (f) to adopt resolutions, recommendations and records of sessions of the General Assembly, as well as Rules of its Conduct.

Article 11 The President of the General Assembly assumes the following responsibilities:

1. The Chairman convenes, conducts and presides over the sessions of the Organization. 2. The Chairman represents the Organization between its sessions. 3. The Chairman may be assisted by representatives of the Member States in carrying out the tasks assigned to him. 4. The Chairman may delegate any powers at his discretion to his Vice-Chairman. 5. If the position of the Chairman becomes vacant for any reason, the Vice-Chairman assumes his functions during the absence of the Chairman.

Article 12 The Executive Council

1. The Executive Board should consist of 8 members, including the Chairman. The members are elected by the General Assembly on the basis of equitable geographical distribution. The country in which the organization's headquarters is located must be a permanent member, while one non-voting position is given to the Director General. The members of the Executive Board are elected for a three-year term, with a one-time re-election. A Member State may decide to change its representative on the Executive Board at its discretion. 2. The quorum of the Executive Board should be two-thirds of the number of members, and resolutions should be adopted by a two-thirds majority of the members.

Article 13 Meetings of the Executive Council

The Executive Board must meet at least twice a year at the headquarters of the Organization or at any other meeting place as agreed. Extraordinary meetings of the Executive Board may be convened, if necessary, at the request of the Chairman or a simple majority of its members.

Article 14 Duties and powers of the Executive Council

The Executive Council reports to the General Assembly. His duties and powers are as follows: (a) to ensure the effective functioning of the various organs of the organization in accordance with the general policy of the General Assembly; (b) to approve a common calendar of meetings (sessions, working groups and expert groups); (c) to prepare a preliminary program and a list of issues for scheduled and extraordinary sessions, in consultation with Member States and the Director General; (d) to resolve issues related to the expediency of inviting any person or organization to participate in the Organization's session as an expert or observer; (e) to review the Organization's budget and accounting statements, as well as send them to the General Assembly; (f) to form Specialized Committees as necessary and prepare a program for their actions, to appoint their members and set the time limits for their work; (g) to provide the General Assembly with detailed reports related to the activities of the organs of the Organization; (h) to oversee the activities of the Organization and ensure that it performs all its functions in accordance with General Assembly resolutions, Executive Board decisions and internal rules and regulations; (i) to conduct and monitor scientific, technological, social and economic research in the field of nutrition, food and agriculture; (j) to share information, data, studies and research related to sustainable agriculture, biotechnology and production practice models, including irrigation, seed production, pesticides and agricultural management; (k) to promote the modernization of agricultural processes and institutional capacity-building; (l) to strive for the modernization and management of financial and agricultural resources to ensure sustainable agricultural development and food security in the Member States; (m) to stimulate investments within the OIC in agriculture and food security through micro-financial projects, capacity-building, international projects and easier access to financial products of the OIC; and (n) to develop and implement relevant national and regional programs, international programs, legal and other norms and rules in the field of food security in order to completing the Organization's tasks.

Article 15 The Secretariat

1. The Secretariat includes the Director General and the official staff working at the permanent headquarters and other established offices. The CEO determines the official list of employees of the Organization. 2. The Director General is appointed by the General Assembly for a four-year period, with a one-time extension. The Director General is appointed from among the candidates nominated by the Member States in accordance with the principle of equal opportunities for all Member States, with due regard to competence, integrity and experience. 3. The Director General is accountable to the Executive Board and the General Assembly, and has direct authority to direct all members of the Secretariat. 4. In the event that the position of Director General becomes vacant for a period of more than ninety (90) days prior to the expiration of his/her term of office, the General Assembly must appoint his/her successor for the remainder of the term.

Article 16 Official duties of the Director General

In addition to any other duties approved by the Executive Board and the General Assembly, the Director General is required to: (a) appoint the staff of the Secretariat and monitor the implementation of the provisions of the job descriptions for staff; (b) oversee the activities of the Secretariat; (c) prepare the annual budget report and the consolidated final account; (d) provide the Executive Board with an annual report on the activities of the Secretariat; (e) be responsible for the Organization's funds and their expenditure in accordance with the provisions of the Organization's Financial Rules; (f) collect, study, interpret, and disseminate information on nutrition, products, and agriculture; (g) provide necessary humanitarian assistance, as well as participate in humanitarian programs based on relevant requests and requirements from the OIC; and (h) establish the necessary regional mechanisms to address the food problems of Member States resulting from food shortages, natural and man-made disasters, disasters, droughts and other similar circumstances.

CHAPTER III BUDGET AND FINANCIAL RESOURCES

Article 17 Budget

1. The budget of the Organization is planned for three years and begins to operate from January 1 of each year until the end of December of the same year. It must be executed after its adoption by the General Assembly in accordance with the provisions of the Financial Regulations of the Organization. 2. The Director General is required to prepare an annual report on the implementation of the budget and a consolidated final account, which he must submit to the Executive Board at its next session after the end of the financial year under review. The financial year report should contain his proposals for the implementation of the budget, as well as his comments on the consolidated final account.

Article 18 Financial resources

1. The financial resources of the Organization should include: (a) annual contributions of fixed amounts received by the organization from Member States and approved by the General Assembly; (b) donations and voluntary contributions from Member States, non-Member States, institutions and partners, provided that contributions from all external sources do not conflict with the objectives and rules of the Organization; (c) Fundraising from Member States and international organizations for special projects of the Organization; (d) income from the sale of publications, products, and services related to the Organization's area of expertise; and (e) Member States are expected to contribute to the budget in accordance with the assessment scale used by the OIC or some other formula approved by the General Assembly.

Article 19 Expenditure of funds

1. The expenditure items of the Organization's funds are provided for the following purposes: (a) the work of the Secretariat and other established offices of the Organization, including obligations towards staff and employees; (b) obligations arising from joint projects with governmental and non-governmental organizations; (c) grants and assistance to institutions and organizations under its control; and (d) obligations arising from previous contracts, resolutions, or programs that are binding on the Organization.

Article 20 Reporting

1. The Director General shall prepare an annual budget report and submit it to the Executive Board at the end of the financial year. The Executive Board prepares the final annual budget report and submits it to the General Assembly during its scheduled session. The Executive Board appoints a Financial Control Committee composed of representatives from five Member States for a period of three years on an alternating basis to audit the Organization's accounting documents, as well as to ensure the quality management of the Organization's permanent headquarters and offices. The Committee may involve experts to provide assistance in relevant areas, as appropriate. 2. The Financial Control Committee should have the right to examine all relevant accounting books and records, as well as require the Executive Board, CEO or employees of the Organization to provide any information necessary, in its opinion, to perform its functions. Accounting documents must be audited by the Financial Control Committee on an annual basis in order to confirm the correctness of the budget and the correctness of the financial statements. 3. The Financial Control Committee must submit its report to the CEO, who will forward it to the Executive Board along with his comments. The Executive Board shall forward the report to the General Assembly by its next session.

Chapter IV Final provisions

Article 21 Entry into force

1. The Charter should be open for signature by the OIC Member States after its adoption by the Islamic Summit at the Highest Level or the Council of Ministers of Foreign Affairs. It must be applied in advance after it has been signed by at least ten (10) OIC Member States through their accredited representatives, and finally enter into force after 30 days from the date of submission of the 10th instrument of ratification or approval. For each Member State that has signed, ratified or approved this statute after its entry into force, this statute becomes effective on the 30th day after the date of submission of the instrument of ratification or approval. 2. The instruments of ratification or approval of this Statute must be kept in the OIC General Secretariat. 3. The OIC Secretary General must inform all Member States of the receipt of the required number of instruments of ratification or approval. 4. The original charter in a single copy in Arabic, English and French should be kept at the OIC General Secretariat. The OIC General Secretariat must send certified copies of the Charter to all signatories.

Article 22 Additions and amendments to the Charter

1. The Charter may be amended and amended by the General Assembly after their approval by the Member States by a two-thirds majority vote. However, changes approved by the General Assembly that lead to fundamental changes in the goals and objectives of the Organization or to new obligations towards Member States may enter into force only after their ratification by two thirds of the Member States. 2. Amendments and additions that do not result in new obligations for Member States should enter into force immediately, unless otherwise provided by the resolution approving the amendment. Amendments establishing new obligations shall enter into force for each Member State approving them after approval by two thirds of the Member States, and for the remaining Member States they shall enter into force after their approval. 3. Proposals for amendments to the charter are initiated by the Member State and sent to the Chairman. The Chairman shall immediately notify the Member States of all proposals for amendments to the charter. 4. No proposals to amend the charter should be included in the list of issues and the program of a session of the General Assembly if the relevant notification is sent by the President to the Member States less than 120 days before the session.

Article 23 Interpretation

Any question or dispute relating to the interpretation of this charter should be referred to the General Assembly of the Organization for a ruling. The General Assembly decides on such controversial issues by a two-thirds majority vote of the Member States.

Article 24 Withdrawal from membership

1. Any Member State has the right to withdraw from the Organization by sending a notification to the Chairman one year prior to withdrawal and sending it to all Member States. 2. A State intending to withdraw from membership must fulfill its financial obligations by the end of the financial year in which it submits its request for withdrawal, as well as pay off to the Organization for all obligations owed. 3. In the event of a Member State's inability to fulfill its obligations under this charter, the General Assembly reserves the right to suspend its membership or to reinstate it within one year from the date of suspension. 4. A State whose membership has been suspended loses all its rights defined by the Charter, but retains all its obligations.

Article 25 Disbandment

1. The Organization may not be disbanded and merge with another organization, except on the basis of a decision taken by a four-fifths majority of the General Assembly at an extraordinary session held in accordance with article 10 of this charter. 2. The assets and financial obligations of the Organization, after dissolution, must be transferred to the General Secretariat of the Organization of Islamic Cooperation.

Article 26 Text of the Charter

The versions of this charter in Arabic, English and French should be considered to have equal legal force.

Article 27 Official languages

The official languages of the Organization are Arabic, English and French.

I hereby confirm that the translation of the Charter of the Islamic Organization for Food Security dated December 10, 2013 into Russian corresponds to the content of the Charter in English.

Director of the Department of Economic Integration and Agri-food Markets of the Ministry of Agriculture of the Republic of Kazakhstan A. Kusainova

RCPI's note! The text of the Charter is attached in Arabic, English and French.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases

Commentary to article 78. The authorized capital of a limited liability company The Civil Code of the Republic of Kazakhstan

Commentary to article 78. The authorized capital of a limited liability company The Civil Code of the Republic of Kazakhstan The financial basis of the LLP's activities is its...