Agreement Establishing the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean
Done at: Madrid
Date enacted: 1992-07-24
In force: 1993-08-04
The High Contracting Parties:
Meeting in the City of Madrid, Spain, on the occasion of the Second Summit of the Ibero-American States on July 24, 1992;
Recalling the terms of the Universal Declaration of Human Rights, the International Agreement on Economic, Social and Cultural Rights and the International Agreement on Civil and Political Rights;
Considering the international rules set forth in the International Labour Organization's Convention on Indigenous and Tribal Peoples, adopted by the International Labour Organization in 1989;
Hereby adopt, in the presence of representatives of indigenous peoples of the region, the following Agreement Establishing the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean.
Article 1
Purpose and functions
1. |
Purpose. The purpose of the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean, hereinafter the "Indigenous Fund", is to establish a mechanism designed to support the self-development processes of the indigenous peoples, communities and organizations of Latin America and the Caribbean, hereinafter referred to as "Indigenous Peoples." The term "Indigenous Peoples" shall be understood to mean those indigenous peoples who descend from populations that inhabited the country, or the geographic region to which the country belongs, during the period of the conquest or colonization of the region, or of the establishment of the present state frontiers, and who, whatever their legal situation, retain all their own social, economic, cultural and political institutions, or part thereof. In addition, awareness of their indigenous identity shall be considered a fundamental criterion for determining the groups to whom the provisions of this Agreement shall apply. The use of the term "Peoples" in this Agreement shall not be interpreted as having any implications whatsoever in regard to rights which may be inferred from this term under International Law. |
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2. |
Functions. In order to attain the objective set forth in paragraph 1.1 of this article, the Indigenous Fund shall have the following basic functions:
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Article 2
Members and resources
1. |
Members. Members of the Indigenous Fund shall be such States as deposit the ratification instrument with the General Secretariat of the United Nations Organization, in accordance with their internal constitutional requirements and with the provisions of Article 14.1 of this Agreement. |
2. |
Resources. The resources of the Indigenous Fund shall consist of the Contributions of the Member States, donations and other assistance from other States, multilateral, bilateral and national agencies of a public or private nature and from institutional donors, and the net income generated by the activities and investments of the Indigenous Fund. |
3. |
Contribution Instruments. The Contribution Instruments shall be protocols signed by each Member State to establish its respective commitments to contribute resources to form the capital of the Indigenous Fund, in accordance with paragraph 2.4 below. Other donations or assistance shall be governed by the provisions of Article 5 of this Agreement. |
4. |
Nature of the Contributions. Contributions to the Indigenous Fund may be made in foreign exchange, local currency, technical assistance and in kind, in accordance with the rules established by the General Assembly. Contributions in local currency shall be subject to value maintenance and exchange rate conditions. |
Article 3
Organizational structure
1. |
Organs of the Indigenous Fund. The organs of the Indigenous Fund are the General Assembly and the Board of Directors. |
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2. |
General Assembly.
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3. |
Board of Directors
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Article 4
Administration
1. |
Technical and Administrative Structure.
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2. |
Administration Contracts. The General Assembly may authorize the signature of administration contracts with entities possessing the resources and experience required to perform the technical, financial and administrative management of the resources and activities of the Indigenous Fund. |
Article 5
Cooperating entities
1. |
Cooperation with Entities that are not Members of the Indigenous Fund. The Indigenous Fund may sign special agreements, approved by the General Assembly, to enable States that are not Members, as well as public and private, local, national and international organizations, to contribute to the capital of the Indigenous Fund, to participate in its activities, or both. |
Article 6
Operations and activities
1. |
Organization of Operations. The Indigenous Fund shall organize its operations on the basis of a classification of programs and projects by areas, in order to facilitate the concentration of administrative and financial efforts and programming by means of periodic resource allocations, to viabilize the accomplishment of the concrete objectives of the Indigenous Fund. |
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2. |
Beneficiaries. The programs and projects supported by the Indigenous Fund shall benefit directly and exclusively the Indigenous Peoples of the Latin American and Caribbean States that are Members of the Indigenous Fund or have signed special agreements with said Fund to enable the Indigenous Peoples of their countries to participate in the activities of the Fund, in accordance with article 5. |
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3. |
Eligibility Criteria and Priority. The General Assembly shall adopt specific criteria that will make it possible, in an interdependent manner and taking into account the diversity of the beneficiaries, to determine the eligibility of the prospective beneficiaries of the operations of the Indigenous Fund and to establish the priority of programs and projects. |
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4. |
Financing Conditions.
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Article 7
Evaluation and monitoring
1. |
Evaluation of the Indigenous Fund. The General Assembly shall periodically evaluate the functioning of the Indigenous Fund as a whole, on the basis of such criteria and using such means as it considers appropriate. |
2. |
Evaluation of Programs and Projects. The progress of the programs and projects shall be evaluated by the Board of Directors. Special consideration shall be given to the requests submitted in this regard by the beneficiaries of such programs and projects. |
Article 8
Withdrawal of Members
1. |
Right to Withdraw. Any Member State may withdraw from the Indigenous Fund by giving written notification of its intention to the Chairman of the Board of Directors, who shall notify the General Secretariat of the United Nations Organization. The withdrawal shall take effect one year after the date of receipt of said notification. |
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2. |
Settlement of Accounts.
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Article 9
Termination of operations
1. |
Termination of Operations. The Indigenous Fund may terminate its operations by decision to that effect by the General Assembly, which shall appoint liquidators, determine the payment of debts and arrange the distribution of assets on a proportional basis among its Members. |
Article 10
Juridical personality
1. |
Legal Status.
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Article 11
Immunities, exceptions and privileges
1. |
Grant of Immunities. The Member States shall adopt, in accordance with their own legal systems, such measures as are necessary to confer upon the Indigenous Fund the immunities, exemptions and privileges required for the accomplishment of its objectives and the performance of its functions. |
Article 12
Amendments
1. |
Amendment of the Agreement. This Agreement may only be amended with the unanimous consent of the General Assembly, subject, when required, to ratification by the Member States. |
Article 13
General provisions
1. |
Headquarters of the Fund. The Indigenous Fund shall have its headquarters in the city of La Paz, Bolivia. |
2. |
Depositaries. Each Member State shall designate its Central Bank as depositary so that the Indigenous Fund may keep its available resources in the currency of that Member State and other assets of the institution. In the event that a Member State does not have a Central Bank, it shall designate, in agreement with the Indigenous Fund, some other institution for this purpose. |
Article 14
Final provisions
1. |
Signature and Acceptance. This Agreement shall be deposited with the General Secretariat of the United Nations Organization, where it shall remain open to receive the signatures of the representatives of the Governments of the States of the region and of other States which wish to become Members of the Indigenous Fund. |
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2. |
Entry into Force. This Agreement shall enter into force when the ratification instrument has been deposited by at leaet three States of the region, in accordance with paragraph 14.1 of this article. |
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3. |
Denunciation. Any Member that has ratified this Agreement may denounce it by giving written notification to the Secretary-General of the United Nations Organization. Such denunciation shall not take effect until one year after the date of its registration. |
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4. |
Commencement of Operations.
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Article 15
Transitory provisions
1. |
Interim Committee. Once this Agreement has been signed by five States of the region, and without any obligations being generated for the States that have not ratified it, an Interim Committee with composition and functions similar to those described for the Board of Directors in paragraph 3.3 of article 3 of this Agreement shall be established. |
2. |
Under the direction of the Interim Committee, there shall be established a Technical Secretariat, having the characteristics set forth in paragraph 4.1 of article 4 of this Agreement. |
3. |
The activities of the Interim Committee and of the Technical Secretariat shall be financed with voluntary contributions from the States that have signed this Agreement, together with contributions from other States and entities, by means of technical cooperation and such other forms of assistance that the States or other entities can arrange with international organizations. |
Done in the City of Madrid, Spain, in one single original dated the 24th day of July, 1992, in Spanish, Portuguese and English texts of equally validity.