Charter of Organization for democracy and economic development – GUAM

01/01/1990 18:47
Europe/Kiev

The GUAM Group Participating States – the Republic of Azerbaijan, Georgia, the Republic of Moldova and Ukraine, hereinafter referred to as the "Parties", 

Guided by generally recognized norms and principles of international law concerning the maintenance of peace, security, the development of good neighbourly and friendly relations among the states, in particular the provisions of the Charter of the United Nations, the Helsinki Final Act, the Paris Charter for New Europe and the Charter for European Security of the Organization for Security and Cooperation in Europe, 

Reaffirming adherence to the purposes and principles of cooperation defined in the GUUAM Yalta Charter of 7 June 2001 and other fundamental documents adopted within the Group, 

Aimed at implementing the provisions of the Chisinau Declaration "In the Name of Democracy, Stability and Development" of 22 April 2005, 

Reiterating adherence to the democratic norms and values and determination to further proceed on the path of European integration, 

Expressing deep concern with regard to the unsettled protracted conflicts and increasing security threats, including those originating from conflict zones, in particular, threats of international terrorism, aggressive separatism and extremism and other dangerous phenomena related to them, 

Emphasizing the increasing role of regional cooperation based on mutual respect of sovereign rights of states in the pan-European processes, and underlining that such cooperation promotes the development of democracy with the purpose of strengthening security and stability, economic development, cultural and social prosperity, 

Expressing desire to promote democratic values in all spheres of activities of the state and society, respect fully human rights, strengthen the spirit of confidence and tolerance, ensure supremacy of the rule of law both in internal and international affairs, 

Based on historically developed relations of their peoples, 

Aspiring to further deepening of comprehensive cooperation, 

Believing that their cooperation is entering a qualitatively new stage, 

Have agreed to transform GUAM Group into an international regional organization – "Organization for Democracy and Economic Development – GUAM," hereinafter referred to as "GUAM", and, to this end, adopted the present Charter. 

CHAPTER I PURPOSES AND PRINCIPLES OF COOPERATION 

Article 1 

The main purposes of GUAM are: 

- promoting democratic values, ensuring rule of law and respect of human rights; 

- ensuring sustainable development; 

- strengthening international and regional security and stability; 

- deepening European integration for the establishment of common security space, and expansion of cooperation in economic and humanitarian spheres; 

- development of social and economic, transport, energy, scientific and technical, and humanitarian potential of the Parties; 

- intensification of political interaction and practical cooperation in the fields of mutual interest. 

Article 2 

In order to achieve these purposes, the Parties shall develop mutually beneficial cooperation, guided by the principles of respect for sovereignty and territorial integrity of the states, inviolability of their internationally-recognized borders and non-interference in their internal affairs and other universally recognized principles and norms of international law. 

CHAPTER II STRUCTURE OF ORGANIZATION 

Article 3 

1. Structure of GUAM includes: 

a) Council; 

b) Secretariat. 

2. The Council is the main body of Organization which carries out its work on the level of the Heads of State (summit), the Ministers for Foreign Affairs, National Coordinators and Permanent Representatives. 

3. The functions, competences and working order of the Council are defined by the present Charter and the GUAM Rules of Procedure. 

4. The functions and working order of the Secretariat are defined by the present Charter, Financial Regulations, Rules of Procedure and the Provision on Secretariat. 

5. By decision of the Council of Ministers for Foreign Affairs (CMFA), working and ad hoc bodies may be established on a permanent or temporary basis, as well as meetings of representatives of corresponding ministries and/or agencies of the Parties may be conducted. 

Article 4 

1. The Council of the Heads of State (CHS): 

a) defines priorities and works out main directions of the GUAM activities; 

b) decides on principal issues of its internal structure and functioning and its interaction with other states and international organizations; 

c) decides on membership in GUAM and granting observer or partner status; 

d) addresses the most pressing international issues and takes corresponding decisions and recommendations. 

2. Совет глав государств проводит свои заседания, как правило, один раз в год. 

Article 5 

1. The CMFA: 

a) ensures the implementation of decisions and recommendations adopted by the CHS; 

b) holds consultations in the field of foreign policy on the issues of mutual interest; 

c) establishes and defines functions and order of work of GUAM working and ad hoc bodies for implementation of concrete task; 

d) considers and takes decisions on current issues of GUAM activities; 

e) adopts GUAM budget for the next year; 

f) considers a draft of the CHS agenda; 

g) considers and takes decisions on other issues envisaged by the present Charter. 

2. The CMFA conducts its sessions, as a rule, twice a year. 

Article 6 

1. The Council of National Coordinators (CNC) ensures interaction within GUAM, preparation of the CHS and CMFA sessions. National coordinators are designated by the Ministers for Foreign Affaires of the Parties. 

2. The CNC conducts its sessions, as a rule, four times a year. 

Article 7 

1. The Council of Permanent Representatives (CPR) carries out its work on a permanent basis, in order to facilitate GUAM activities and, in particular: 

а) reviews progress in implementation of the Councils' decisions adopted at higher level; 

b) considers and agrees upon draft agenda, decisions and other documents to be adopted during the sessions of the Council of higher level; 

с) takes part in preparing and conducting sessions of the Council of higher level; 

d) adopts decisions within its competence on the issues of GUAM activities. 

2. The CPR consists of permanent representatives of the Parties with permanent accreditation to GUAM in accordance with location of the Secretariat. 

Article 8 

1) The Secretariat provides organizational and technical support for GUAM activities, guided by the provisions of present Charter and Council’s decisions. 

2) The Secretariat functions under supervision of the Secretary General. 

3) The Secretariat staff act as international officials. 

4) The Secretary General and staff of the Secretariat represent GUAM while executing his/her duties. They are not entitled to request or receive instructions from a Party or a body beyond the framework of GUAM, which may prevent them from fulfilment of their international mission. 

5) The Secretariat prepares and presents to the Council annual reports on its and GUAM activities for approval by the CMFA. 

6) The city of Kyiv is the seat of GUAM Secretariat. 

CHAPTER III GENERAL PROVISIONS 

Article 9 

GUAM is a subject of international law. 

Article 10 

1. The Chairmanship in GUAM is held by one of the Parties, as a rule, for one year term, based on the principle of rotation in accordance with the names of the Member States in the order of English alphabet. 

2. The Party holding Chairmanship ensures proper functioning of GUAM in accordance with the present Charter and decisions of the Council, coordinates all activities carried out within GUAM as well as ensures implementation of adopted decisions. 

Article 11 

1. GUAM has its own budget which is formed and implemented in accordance with the Financial Provisions of GUAM. The budget is adopted by the CMFA decision. 

2. Expenses related to organizational and technical support of events within GUAM are covered by the receiving Party. 

Article 12 

1. Decisions in GUAM bodies shall be adopted with participation of all Parties on the basis of consensus by achieving agreement without voting. 

2. Decisions enter into force from the date of their adoption, unless other procedures are envisaged therein. 

Article 13 

1. GUAM is open for accession of other states, which commit to respect the provisions of the present Charter as well as the 2001 Yalta Charter of GUUAM and the 2005 Chisinau Declaration of GUAM Heads of State "In the Name of Democracy, Stability and Development". 

2. The decision on adoption of a new member to GUAM shall be taken by consensus at the GUAM CHS upon recommendation by the CMFA following an official request of an interested state addressed to the Party holding the Chairmanship. 

3. Membership in GUAM of a state, which violates the provisions of the present Charter and/or systematically fails to fulfil obligations taken under the international treaties and documents concluded within GUAM, may be suspended by the decision of the CHS, upon recommendation of the CMFA, to be adopted by "consensus minus one" principle. If this state continues to violate its obligations, the CHS may adopt decision on termination of its membership in GUAM as of the date, which shall be defined by the CHS. Membership in GUAM may be restored by decision of the CHS upon recommendation by the CMFA. 

4. Each Party shall have the right to withdraw its membership in GUAM by sending the Party holding the Chairmanship an official notification in writing not later than twelve months prior to the date of withdrawal. 

Article 14 

1. Based on agreement of all the Parties, GUAM may enter into dialogue and interact with other states and international organizations. 

2. GUAM may establish and develop partner relations and grant a status of observer to the states and international organizations which express an interest in cooperation with GUAM and share the purposes and principles of the present Charter. The order and procedure for establishing such relations and granting such a status are defined by decisions of the CHS and the Rules of Procedure. 

Article 15 

The Parties designate their Permanent Representatives to GUAM in accordance with their national legislation. The Permanent Representatives of the Parties have a status of diplomatic staff in accordance with the 1961 Vienna Convention on Diplomatic Relations. 

Article 16 

1. GUAM enjoys such privileges and immunities on the territory of all Parties which are necessary for exercising its functions and achieving the GUAM purposes. 

2. The scope of such privileges and immunities is to be defined in a separate international treaty. 

Article 17 

English and Russian are official and working languages of GUAM. 

Article 18 

Ukraine is the depositary of the present Charter. 

CHAPTER IV FINAL PROVISIONS 

Article 19
 

1. The present Charter is concluded for an indefinite term. 

2. The present Charter is to be applied provisionally as of the date of its signature and shall enter into force as of the date of receipt by the depositary of the last written notification on fulfilment by the Parties of all internal procedures, necessary for its entry into force. 

Article 20 

1. After its entry into force, the present Charter shall be open for accession of the states on membership of which in GUAM the decision of the CHS is taken. 

2. For the acceding state, the present Charter shall enter into force as of the date of receipt, by the depositary, of official written notification on fulfilment by the acceding state of all internal procedures, necessary for its entry into force. 

Article 21 

Amendments and additions may be introduced into the present Charter by mutual consent of the Parties by means of separate protocols, being an integral part of the present Charter and shall enter into force according to the order envisaged by Article 19 of the present Charter. 

Article 22 

In case of disputes over interpretation or application of the present Charter, the Parties shall settle them through consultations and negotiations. 

Article 23 

No reservations may be made to the present Charter. 

Article 24 

The present Charter shall be subject to registration in the UN Secretariat in accordance with Article 102 of the Charter of the United Nations. 

Done at Kyiv on 23 May 2006 in one copy in English and Russian languages, both texts being equally authentic. 

In case of divergences in the interpretation of provisions of the present Charter, the English text shall prevail.