On the ratification of the Charter of the Organization of the Islamic Conference
Law of the Republic of Kazakhstan dated February 21, 2012 No. 570-IV
To ratify The Charter of the Organization of the Islamic Conference, signed in Dakar on March 14, 2008, with the following reservation: "The Republic of Kazakhstan undertakes to comply with the provisions of the Charter of the Organization of the Islamic Conference, which do not contradict the norms The Constitution of the Republic of Kazakhstan".
President of the Republic of Kazakhstan N. NAZARBAYEV
THE CHARTER of the Organization of the Islamic Conference
(Entered into force on April 16, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2013, No. 2, Article 17)
In the name of Allah, the All-merciful, the Merciful, We, the Member States of the Organization of the Islamic Conference, have made decisions: To take note of the decisions of the Conference of Kings, Heads of State and Governments of the Member States held in Rabat from the 9th to the 12th of the month of Rajab, 1389 AH, which corresponds to September 22-25, 1969, as well as the Conference of Foreign Ministers held in Jeddah from the 14th to the 18th of the month of Muharram, 1392 AH, which corresponds to February 29 - March 4 , 1972; to be guided by the noble Islamic values of unity and brotherhood, confirming the essential nature of promoting, as well as strengthening unity and solidarity among Member States in ensuring their common interests in the international arena; to reaffirm our commitment to the principles of the Charter of the United Nations, this Charter and international law; to preserve and promote the noble Islamic values of peace, compassion, tolerance, equality, justice and human dignity; To make efforts to restore the guiding role of Islam on a global scale, in ensuring sustainable development, progress and prosperity of the peoples of the Member States; to strengthen and strengthen the bonds of unity and solidarity among Muslim peoples and Member States; to respect, preserve and protect the national sovereignty, independence and territorial integrity of all Member States; to contribute to international peace and security, understanding and dialogue among civilizations, cultures and religions, to promote and encourage friendly relations and good-neighborliness, mutual respect and cooperation; to promote the development of human rights and fundamental freedoms, good governance, the rule of law, democracy and responsibility in the Member States in accordance with their constitutional and legislative systems; to strengthen trust and promote friendly relations, mutual respect and cooperation between Member States and other States; to strengthen the noble Islamic values of restraint, tolerance, respect for cultural differences, preservation of Islamic symbols and common heritage and to defend the universality of the Islamic religion; to improve the acquisition and popularization of knowledge in harmony with the noble ideals of Islam in order to achieve intellectual excellence; Promote cooperation between Member States to achieve sustainable socio-economic development in order to effectively integrate into the global economy in accordance with the principles of partnership and equality; promote the strengthening of all aspects related to the preservation of the environment for present and future generations; respect the right to self-determination and non-interference in internal affairs, as well as respect sovereignty, independence and territorial integrity. the integrity of each Member State; To support the struggle of the Palestinian people currently under foreign occupation, as well as to enable them to pursue their inalienable rights, including the right to self-determination and the establishment of a sovereign State with Al-Quds Al-Sharif as its capital, while preserving the historical and Islamic character of the city, as well as the holy sites located therein; to contribute to the protection and implementation of women's rights and their participation in all spheres of life in accordance with the legal norms and legislation of the Member States; to create favorable conditions for the full-fledged upbringing of Muslim children and youth and to educate them about Islamic values through education in order to strengthen their cultural, social, moral and ethical ideals; to help Muslim minorities and societies outside the Member States preserve their dignity, cultural and religious identity; To adhere to the purposes and principles of the present Charter, the Charter of the United Nations, international law, as well as international humanitarian law, while strictly following the principles of non-interference in matters essentially within the domestic jurisdiction of any State.; To make efforts to achieve good governance at the international level and the democratization of international relations based on the principles of equality and mutual respect between Member States, as well as non-interference in matters within their domestic jurisdiction, and also decided to cooperate in achieving these goals, agreeing with this amended Charter.
Chapter I
Goals and principles
Article 1
The objectives of the Organization of the Islamic Conference are: 1. Improving and strengthening the bonds of brotherhood and solidarity between the Member States; 2. Protection and protection of common interests and support for the legitimate rights of the Member States, as well as coordination and unification of efforts of the Member States, taking into account the challenges facing the Islamic world in particular and the international community as a whole; 3. Recognition of the right to self-determination, non-interference in internal affairs, as well as respect for sovereignty, independence and territorial integrity of each Member State; 4. Support for the restoration of the full sovereignty and territorial integrity of any Member State under occupation as a result of aggression, based on international law and cooperation with relevant international and regional organizations; 5. Ensuring the active participation of Member States in global decision-making processes on political, economic and social issues to protect their common interests; 6. Promoting the development of interstate relations based on justice, mutual respect and good neighborliness to ensure global peace, security and harmony; 7. Renewed support for the rights of peoples provided for in the UN Charter and international law; 8. Supporting and enabling the Palestinian people to exercise their right to self-determination and establish a sovereign State with Al-Quds as its capital Al-Sharif while preserving the historical and Islamic character of the city, as well as the holy places located in it; 9. Strengthening economic and trade cooperation between Islamic States in order to achieve economic integration leading to the creation of an Islamic common market; 10. The struggle to achieve sustainable and comprehensive human development and economic well-being in the Member States; 11. Dissemination, promotion and preservation of Islamic teachings and values based on moderation and tolerance, promotion of Islamic culture and preservation of Islamic heritage; 12. Protecting and defending the true image of Islam, combating defamation of Islam and encouraging dialogue between civilizations and religions; 13. Strengthening and developing science and technology, encouraging research and cooperation among Member States in these fields; 14. Promote the exercise and protection of human rights and fundamental freedoms, including the rights of women, children, youth, the elderly and people with disabilities, as well as the preservation of Islamic family values; 15. Emphasizing, protecting and promoting the role of the family as a natural and fundamental unit of society; 16. Protection of the rights, dignity, and religious and cultural identity of Muslim communities and minorities in non-Member countries; 17. Promoting and defending a common position on issues of common interest in international forums; 18. Cooperation in combating terrorism in all its forms and manifestations, organized crime, drug trafficking, corruption, money laundering and human trafficking; 19. Cooperation and coordination of humanitarian assistance in emergency situations, such as natural disasters; 20. To promote cooperation between the Member States in the social, cultural and information spheres.
Article 2
In order to achieve the objectives set out in Article 1, Member States shall be guided and inspired by the noble Islamic teachings and values, and act in accordance with the following principles: 1. All Member States are committed to the purposes and principles of the Charter of the United Nations; 2. Member States are sovereign, independent and have equal rights and responsibilities; 3. All Member States shall resolve disputes peacefully and refrain from the use of force or threat of use of force in their relations; 4. All Member States undertake to respect the national sovereignty, independence and territorial integrity of other Member States and to refrain from interfering in the internal affairs of other States; 5. All Member States undertake to contribute to the preservation of international peace and security and to refrain from interfering in each other's internal affairs, as stipulated in the present Charter, the Charter of the United Nations, international law and international humanitarian law; 6. As stated in the UN Charter, none of the provisions of this Charter gives the Organization and its organs the right to interfere in matters within the internal jurisdiction of any State or related to it; 7. Member States shall support and promote good governance, democracy, respect for human rights and fundamental freedoms, as well as the rule of law; 8. Member States shall take care of the protection and protection of the environment.
Chapter II
Membership
Article 3
1. The Organization consists of 57 Member States of the Organization of the Islamic Conference and other States that may accede to this Charter in accordance with paragraph 2 of Article 3. 2. Any State that is a Member of the United Nations, has a Muslim majority and complies with the terms of this Charter, which applies for membership, may join the Organization. only if a decision is made by the Council of Foreign Ministers by consensus, based on agreed criteria adopted by the Council of Foreign Ministers. 3. Nothing in this Charter may affect the rights or privileges of the current Member States regarding membership or any other matters.
Article 4
1. The decision to grant observer status to a State that is a Member of the United Nations is made by the Council of Foreign Ministers only by consensus, based on the accepted criteria of the Council of Foreign Ministers. 2. The decision to grant observer status to an international organization is made by the Council of Foreign Ministers only by consensus, based on the accepted criteria of the Council of Foreign Ministers.
Chapter III
Organs
Article 5
The organs of the Organization of the Islamic Conference are: 1. The Islamic Summit; 2. Council of Foreign Ministers; 3. Standing Committees; 4. Executive Committee; 5. International Islamic Court; 6. Independent Permanent Commission on Human Rights; 7. Committee of Permanent Representatives; 8. General Secretariat; 9. Subsidiary bodies; 10. Specialized agencies; 11. Affiliated organizations.
Chapter IV
The Islamic Summit
Article 6
The Islamic Summit consists of the Kings and Heads of State and Government of the Member States and is the highest governing body of the Organization.
Article 7
The Islamic Summit discusses and makes policy decisions, provides guidance on all matters related to the fulfillment of the goals set out in the Charter, and also considers other issues of interest to the Member States and the Ummah.
Article 8
1. The Islamic Summit is convened every three years in one of the Member States. 2. The preparation of the agenda and all necessary arrangements for the summit is carried out by the Council of Foreign Ministers with the assistance of the General Secretariat.
Article 9
Extraordinary meetings are held at any time when the interests of the Ummah so require, in order to consider issues vital to the Ummah and coordinate the Organization's policies accordingly. Extraordinary meetings may be held on the recommendation of the Council of Ministers of Foreign Affairs or on the initiative of one of the Member States or the Secretary General, provided that such an initiative receives the support of a simple majority of the Member States.
Chapter V
Council of Foreign Ministers
Article 10
1. The Council of Foreign Ministers is convened once a year in one of the Member States. 2. An extraordinary session of the Council of Foreign Ministers may be convened on the initiative of any Member State or the Secretary General, if such an initiative is approved by a simple majority of the Member States. 3. The Council of Foreign Ministers may recommend the convening of other sectoral ministerial meetings to address specific issues of interest to the Ummah. Such meetings should submit their reports to the Islamic Summit and the Council of Foreign Ministers. 4. The Council of Foreign Ministers develops ways to implement the general policy of the Organization by: a. Making decisions and resolutions on issues of common interest in the implementation of the goals and general policies of the Organization; b. Review of the implementation of decisions and resolutions adopted at previous summits and councils of Foreign Ministers; c. Review and approve the program, budget, and other financial and administrative reports of the General Secretariat and subsidiary bodies; d. To consider any matter affecting one or more Member States, whenever a relevant request has been made by the Member State concerned to take appropriate measures in this regard; e. Making a recommendation on the establishment of any new body or committee; f. Election of the Secretary-General and appointment of Assistant Secretaries-General in accordance with Articles 16 and 18 of the Charter, respectively; g. Consideration of any other matter as necessary.
Chapter VI
Standing Committees
Article 11
1. In order to promote issues of particular importance to the Organization and its Member States, the Organization has established the following Standing Committees: i. Al-Quds City Affairs Committee; ii. Standing Committee on Information and Culture (COMIAC); iii. Standing Committee on Trade and Economic Cooperation (COMCEC); iv. Standing Committee on Scientific and Technological Cooperation (COMSTECH). 2. The Standing Committees are headed by Kings and Heads of State and Government and are established in accordance with the decisions of the summit or on the recommendation of the Council of Foreign Ministers and the members of these Committees.
Chapter VII
The Executive Committee
Article 12
The Executive Committee consists of the Chairmen of the present, previous and future Islamic Summits and Councils of Foreign Ministers, the host country of the Headquarters of the General Secretariat, as well as the Secretary General, who is a member of the Committee by virtue of his position. Meetings of the Executive Committee will be held in accordance with its Rules of Procedure.
Chapter VIII
Committee of Permanent Representatives
Article 13
The prerogatives and working procedure of the Committee of Permanent Representatives are determined by the Council of Foreign Ministers.
Chapter IX
International Islamic Court
Article 14
The International Islamic Court, established in Kuwait in 1987, will be the main legal body of the Organization from the moment its Statute comes into force.
Chapter X
Independent Permanent Commission on Human Rights
Article 15
The Independent Permanent Commission on Human Rights is called upon to defend civil, political, social and economic rights enshrined in the Organization's treaties and declarations, as well as universally agreed human rights documents, in accordance with Islamic values.
Chapter XI
General Secretariat
Article 16
The General Secretariat consists of the Secretary General, who is the chief official of the Organization, as well as the staff necessary for the Organization. The Secretary General is elected by the Council of Foreign Ministers for a five-year term with the possibility of re-election only once. The Secretary-General is elected from among the citizens of the Member States in accordance with the principles of equitable geographical distribution, rotation and equal opportunities for all Member States, taking into account competence, integrity and experience.
Article 17
The Secretary General has the following responsibilities: but. To bring to the attention of the competent authorities of the Organization issues that, in his opinion, may serve or damage the objectives of the Organization; b. Monitor the implementation of decisions, resolutions and recommendations of Islamic Summits, Councils of Foreign Ministers and other ministerial meetings; c. To provide Member States with working documents and memoranda for the implementation of decisions, resolutions and recommendations of the Islamic Summits and Councils of Foreign Ministers; d. Coordinate and coordinate the work of the relevant bodies of the Organization; e. Prepare the work programme and budget of the General Secretariat; f. To develop relations between Member States, to facilitate consultations and exchange of views, as well as the dissemination of information that could be relevant to Member States; g. Perform other functions assigned to him by the Islamic Summit or the Council of Foreign Ministers; h. Provide annual reports to the Council of Foreign Ministers on the work of the Organization.
Article 18
1. The Secretary-General shall submit to the Council of Ministers of Foreign Affairs candidates for appointment to the posts of Assistant Secretaries-General for a period of five years in accordance with the principle of equitable geographical distribution and taking into account competence, integrity and dedication to the objectives of the Charter. One of the Assistant Secretaries General will deal with the issues of the city of Al-Quds Al-Sharif and Palestine, with the understanding that the State of Palestine will determine the candidate for this post. 2. The Secretary General may appoint special representatives to implement resolutions and decisions of Islamic Summits and Councils of Foreign Ministers. Such appointments, as well as the terms of reference of special representatives, are approved by the Council of Foreign Ministers. 3. The Secretary-General shall appoint the staff of the General Secretariat from among the nationals of the Member States, taking into account their competence, compliance with the requirements of the position, integrity and gender, in accordance with the principle and equitable geographical distribution. The Secretary-General may appoint experts and consultants on a temporary basis.
Article 19
In the performance of their duties, the Secretary-General, the Assistant Secretaries-General, and the staff of the General Secretariat should not seek or accept instructions from any Government or authority other than the Organization. They should refrain from any actions that could prejudice their status as international employees responsible only to the Organization. Member States should respect this special international character of their activities and should not attempt to exert any influence on them in the performance of their duties.
Article 20
The General Secretariat prepares meetings of Islamic Summits and Councils of Foreign Ministers in close cooperation with the host country within the framework of relevant administrative and organizational matters.
Article 21
The headquarters of the General Secretariat is located in the city of Jeddah until the liberation of the city of Al-Quds, which will become the permanent Headquarters of the Organization.
Chapter XII
Article 22
The Organization may establish subsidiary bodies, specialized agencies and grant the status of affiliated organizations after their approval by the Council of Ministers of Foreign Affairs in accordance with the Charter.
Subsidiary bodies
Article 23
Subsidiary bodies are established within the Organization in accordance with decisions taken by the Islamic Summit or the Council of Foreign Ministers, and their budgets are approved by the Council of Foreign Ministers.
Chapter XIII
Specialized institutions
Article 24
Specialized agencies of the Organization are established within the Organization in accordance with the decisions of the Islamic Summit or the Council of Foreign Ministers. Membership in specialized institutions is voluntary and open to Members of the Organization. Their budgets are independent and are approved by the relevant decision-making bodies specified in their Regulations.
Affiliated organizations
Article 25
Affiliated organizations are organizations or bodies whose objectives correspond to the objectives of this Charter and which are recognized as affiliated organizations by the Council of Ministers of Foreign Affairs. Membership in these organizations is voluntary and open to the bodies and organizations of the Member States. Their budgets are independent of the budget of the General Secretariat, subsidiary bodies and specialized agencies. Affiliated organizations may be granted observer status based on a resolution of the Council of Foreign Ministers. They may receive voluntary assistance from subsidiary bodies or specialized agencies, as well as from Member States.
Chapter XIV
Cooperation with Islamic and other organizations
Article 26
The Organization strengthens its cooperation with Islamic and other organizations in the name of the goals set forth in this Charter.
Chapter XV
Peaceful settlement of disputes
Article 27
Member States involved in any dispute, the continuation of which may harm the interests of the Islamic Ummah or endanger the maintenance of international peace and security, will seek to resolve the dispute through well-intentioned actions, negotiations, requests, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their choice. In this context, well-intentioned actions may include consultations with the Executive Committee and the Secretary-General.
Article 28
The Organization may cooperate with other international and regional organizations in order to preserve international peace and security, as well as settle disputes by peaceful means.
Chapter XVI
Budget and finance
Article 29
1. The budget of the General Secretariat and subsidiary bodies shall be financed by the Member States in proportion to their national incomes. 2. The Organization may, with the approval of the Islamic Summit or the Council of Foreign Ministers, establish special and religious charitable foundations (waqfs), contributions to which are made on a voluntary basis by Member States, individuals and organizations. These special and religious-charitable foundations are accountable to the financial system of the Organization and are annually reviewed by the financial control authority.
Article 30
The General Secretariat and its subsidiary bodies manage their financial affairs in accordance with the Financial Regulations approved by the Council of Foreign Ministers.
Article 31
1. The Standing Finance Committee shall be formed by the Council of Ministers of Foreign Affairs from among accredited representatives of participating Member States, who will meet at the Headquarters of the Organization to finalize the program and budget of the General Secretariat and its subsidiary bodies in accordance with the rules approved by the Council of Ministers of Foreign Affairs. 2. The Standing Finance Committee submits an annual report to the Council of Foreign Ministers, which reviews and approves the program and budget. 3. The Financial Control Body, consisting of financial experts (auditors) from the Member States, conducts audits of the General Secretariat and its subsidiary bodies in accordance with internal rules and instructions.
Chapter XVII
Working hours and voting
Article 32
1. The Council of Foreign Ministers adopts its own rules of procedure. 2. The Council of Foreign Ministers recommends the rules of procedure for the Islamic Summit. 3. The Standing Committees establish their own relevant rules.
Article 33
1. The quorum for meetings of the Organization of the Islamic Conference is two thirds of the Member States. 2. Decisions are made by consensus. If no consensus can be reached, the decision shall be taken by a two-thirds majority of the members present and voting, unless otherwise provided in these Articles of Association.
Chapter XVIII
Final provisions
Privileges and immunities
Article 34
1. The Organization shall enjoy in the Member States the immunities and privileges necessary for the exercise of its functions and the performance of its tasks. 2. Representatives of the Member States and officials of the Organization enjoy the privileges and immunities provided for in the Agreement on Privileges and Immunities of 1976. 3. The staff of the General Secretariat, subsidiary organs and specialized organizations shall enjoy the privileges and immunities necessary for the performance of their duties, as agreed between the Organization and the host countries. 4. A Member State that has not paid its outstanding financial contributions to the Organization shall not have the right to vote at the Council of Ministers of Foreign Affairs if the amount of its arrears equals or exceeds the amount of contributions due from it for the previous two full years. The Council may, however, allow such a Member State to participate in the vote if it recognizes that the non-payment of the debt occurred due to circumstances beyond the control of the Member State.
Exit from the Organization
Article 35
1. Any Member State may withdraw from the Organization by notifying the Secretary-General one year prior to its withdrawal. Such notification shall be communicated to all Member States. 2. The State that applied for withdrawal is bound by its obligations until the end of the fiscal year during which the withdrawal application was submitted. It also undertakes to pay off any other debts owed to the Organization.
Changes and additions
Article 36
Amendments and additions to these Articles of Association are made according to the following procedure: a. Any Member State may propose to the Council of Ministers of Foreign Affairs amendments and additions to this Statute; b. Amendments and additions come into force subject to their approval by two thirds of the votes in the Council of Foreign Ministers and ratification by two thirds of the Member States.
Interpretation
Article 37
1. Any disputes that may arise in the interpretation, application or implementation of any Article of this Charter shall be resolved amicably and in all cases through consultations, negotiations, conciliation or arbitration. 2. The provisions of this Charter shall be implemented by the Member States in accordance with their constitutional requirements.
Languages
Article 38
The languages of the Organization are Arabic, English and French.
Transitional provisions
RATIFICATION AND ENTRY INTO FORCE
Article 39
1. This Charter shall be adopted by a two-thirds majority vote at the Council of Ministers of Foreign Affairs and shall be open for signature and ratification by the Member States in accordance with the constitutional procedures of each Member State. 2. The instruments of ratification are kept by the Secretary General of the Organization. 3. This Charter replaces the Charter of the Organization of the Islamic Conference, registered in accordance with Article 102 of the Charter of the United Nations dated February 1, 1974. Done at Dakar, Republic of Senegal, on the seventh day of the month of Rabi Al-Awal, in the year one thousand four hundred and twenty-ninth AH, which corresponds to the fourteenth of March, two thousand and eight.
I confirm the authenticity of the certified copy of the Charter of the Organization of the Islamic Conference, signed in Dakar on March 14, 2008.
D.Yessentaev, Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan
RCPI's note! The following is the text of the Charter in English
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the 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