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CHINA / Background
Shanghai Cooperation Organisation Charter
(Xinhua)
Updated: 2006-06-12 15:12
The People's Republic of China, the Republic of Kazakhstan, the Kyrgyz
Republic, the Russian Federation, the Republic of Tajikistan and the
Republic of Uzbekistan being the founding states of the Shanghai
Cooperation Organisation (hereinafter SCO or the Organisation),
Based on historically established ties between their peoples;
Striving for further enhancement of comprehensive cooperation;
Desiring to jointly contribute to the strengthening of peace and ensuring
of security and stability in the region in the environment of developing
political multi-polarity and economic and information globalization;
Being convinced that the establishment of SCO will facilitate more
efficient common use of opening possibilities and counteracting new
challenges and threats;
Considering that interaction within SCO will promote the realisation of a
huge potential of goodneighborliness, unity and cooperation between
States and their peoples;
Proceeding from the spirit of mutual trust, mutual advantage, equality,
mutual consultations, respect for cultural variety and aspiration to
joint development that was clearly established at the meeting of heads of
six States in 2001 in Shanghai;
Noting that the compliance with the principles set out in the Agreement
between the People's Republic of China, the Republic of Kazakhstan, the
Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan on
Strengthening Confidence in the Military Field in the Border Area of 26
April, 1996, and in the Agreement between the People's Republic of China,
the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation
and the Republic of Tajikistan on Mutual Reductions of Armed Forces in
the Border Area of 24 April, 1997, as well as in the documents signed at
summits of heads of the People's Republic of China, the Republic of
Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of
Tajikistan and the Republic of Uzbekistan in the period from 1998 to
2001, has made an important contribution to the maintenance of peace,
security and stability in the region and in the world;
Reaffirming our adherence to the goals and principles of the Charter of
the United Nations, other commonly acknowledged principles and rules of
international law related to the maintenance of international peace,
security and the development of goodneighborly and friendly relations, as
well as the cooperation between States;
Guided by the provisions of the Declaration on the Creation of the
Shanghai Cooperation Organisation of 15 June, 2001,
Have agreed as follows:
Article 1
Goals and Tasks
The main goals and tasks of SCO are:
to strengthen mutual trust, friendship and goodneighborliness between the
member States;
to consolidate multidisciplinary cooperation in the maintenance and
strengthening of peace, security and stability in the region and
promotion of a new democratic, fair and rational political and economic
international order;
to jointly counteract terrorism, separatism and extremism in all their
manifestations, to fight against illicit narcotics and arms trafficking
and other types of criminal activity of a transnational character, and
also illegal migration;
to encourage the efficient regional cooperation in such spheres as
politics, trade and economy, defense, law enforcement, environment
protection, culture, science and technology, education, energy,
transport, credit and finance, and also other spheres of common interest;
to facilitate comprehensive and balanced economic growth, social and
cultural development in the region through joint action on the basis of
equal partnership for the purpose of a steady increase of living
standards and improvement of living conditions of the peoples of the
member States;
to coordinate approaches to integration into the global economy;
to promote human rights and fundamental freedoms in accordance with the
international obligations of the member States and their national
legislation;
to maintain and develop relations with other States and international
organisations;
to cooperate in the prevention of international conflicts and in their
peaceful settlement;
to jointly search for solutions to the problems that would arise in the
21st century.
Article 2
Principles
The member States of SCO shall adhere to the following principles:
mutual respect of sovereignty, independence, territorial integrity of
States and inviolability of State borders, non-aggression,
non-interference in internal affairs, non-use of force or threat of its
use in international relations, seeking no unilateral military
superiority in adjacent areas;
equality of all member States, search of common positions on the basis of
mutual understanding and respect for opinions of each of them;
gradual implementation of joint activities in the spheres of mutual
interest;
peaceful settlement of disputes between the member States;
SCO being not directed against other States and international
organisations;
prevention of any illegitimate acts directed against the SCO interests;
implementation of obligations arising out of the present Charter and
other documents adopted within the framework of SCO, in good faith.
Article 3
Areas of Cooperation
The main areas of cooperation within SCO shall be the following:
maintenance of peace and enhancing security and confidence in the region;
search of common positions on foreign policy issues of mutual interest,
including issues arising within international organisations and
international fora;
development and implementation of measures aimed at jointly counteracting
terrorism, separatism and extremism, illicit narcotics and arms
trafficking and other types of criminal activity of a transnational
character, and also illegal migration;
coordination of efforts in the field of disarmament and arms control;
support for, and promotion of regional economic cooperation in various
forms, fostering favorable environment for trade and investments with a
view to gradually achieving free flow of goods, capitals, services and
technologies;
effective use of available transportation and communication
infrastructure, improvement of transit capabilities of member States and
development of energy systems;
sound environmental management, including water resources management in
the region, and implementation of particular joint environmental programs
and projects;
mutual assistance in preventing natural and man-made disasters and
elimination of their implications;
exchange of legal information in the interests of development of
cooperation within SCO;
development of interaction in such spheres as science and technology,
education, health care, culture, sports and tourism.
The SCO member States may expand the spheres of cooperation by mutual
agreement.
Article 4
Bodies
1. For the implementation of goals and objectives of the present Charter
the following bodies shall operate within the Organization:
The Council of Heads of State;
The Council of Heads of Government (Prime Ministers);
The Council of Ministers of Foreign Affairs;
Meetings of Heads of Ministries and/or Agencies;
The Council of National Coordinators;
The Regional Antiterrorist Structure;
Secretariat.
2. The functions and working procedures for the SCO bodies, other than
the Regional Antiterrorist Structure, shall be governed by appropriate
provisions adopted by the Council of Heads of State.
3. The Council of Heads of State may decide to establish other SCO
bodies. New bodies shall be established by the adoption of additional
protocols to the present Charter which enter into force in the procedure,
set forth in Article 21 of this Charter.
Article 5
The Council of Heads of State
The Council of Heads of State shall be the supreme SCO body. It shall
determine priorities and define major areas of activities of the
Organisation, decide upon the fundamental issues of its internal
arrangement and functioning and its interaction with other States and
international organizations, as well as consider the most topical
international issues.
The Council shall hold its regular meetings once a year. A meeting of the
Council of Heads of State shall be chaired by the head of State
organizing this regular meeting. The venue of a regular meeting of the
Council shall generally be determined in the Russian alphabetic order of
names of the SCO member States.
Article 6
The Council of Heads of Government (Prime Ministers)
The Council of Heads of Government (Prime Ministers) shall approve the
budget of the Organisation, consider and decide upon major issues related
to particular, especially economic, spheres of interaction within the
Organisation.
The Council shall hold its regular meetings once a year. A meeting of the
Council shall be chaired by the head of Government (Prime Minister) of
the State on whose territory the meeting takes place.
The venue of a regular meeting of the Council shall be determined by
prior agreement among heads of Government (Prime Ministers) of the member
States.
Article 7
The Council of Ministers of Foreign Affairs
The Council of Ministers of Foreign Affairs shall consider issues related
to day-to-day activities of the Organisation, preparation of meetings of
the Council of Heads of State and holding of consultations on
international problems within the Organisation. The Council may, as
appropriate, make statements on behalf of SCO.
The Council shall generally meet one month prior to a meeting of the
Council of Heads of State. Extraordinary meetings of the Council of
Ministers of Foreign Affairs shall be convened on the initiative of at
least two member States and upon consent of ministers of foreign affairs
of all other member States. The venue of a regular or extraordinary
meeting of the Council shall be determined by mutual agreement.
The Council shall be chaired by the minister of foreign affairs of the
member State on whose territory the regular meeting of the Council of
Heads of State takes place, during the period starting from the date of
the last ordinary meeting of the Council of Heads of State to the date of
the next ordinary meeting of the Council of Heads of State.
The Chairman of the Council of Ministers of Foreign Affairs shall
represent the Organization in its external contacts, in accordance with
the Rules of Procedure of the Council.
Article 8
Meetings of Heads of Ministries and/or Agencies
According to decisions of the Council of Heads of State and the Council
of Heads of Government (Prime Ministers) heads of branch ministries
and/or agencies of the member States shall hold, on a regular basis,
meetings for consideration of particular issues of interaction in
respective fields within SCO.
A meeting shall be chaired by the head of a respective ministry and/or
agency of the State organising the meeting. The venue and date of a
meeting shall be agreed upon in advance.
For the preparation and holding meetings the member States may, upon
prior agreement, establish permanent or ad hoc working groups of experts
which carry out their activities in accordance with the regulations
adopted by the meetings of heads of ministries and/or agencies. These
groups shall consist of representatives of ministries and/or agencies of
the member States.
Article 9
The Council of National Coordinators
The Council of National Coordinators shall be a SCO body that coordinates
and directs day-to-day activities of the Organisation. It shall make the
necessary preparation for the meetings of the Council of Heads of State,
the Council of Heads of Government (Prime Ministers) and the Council of
Ministers of Foreign Affairs. National coordinators shall be appointed by
each member State in accordance with its internal rules and procedures.
The Council shall hold its meetings at least three times a year. A
meeting of the Council shall be chaired by the national coordinator of
the member State on whose territory the regular meeting of the Council of
Heads of State takes place, from the date of the last ordinary meeting of
the Council of Heads of State to the date of the next ordinary meeting of
the Council of Heads of State.
The Chairman of the Council of National Coordinators may on the
instruction of the Chairman of the Council of Ministers of Foreign
Affairs represent the Organization in its external contacts, in
accordance with the Rules of Procedure of the Council of National
Coordinators.
Article 10
Regional Antiterrorist Structure
The Regional Antiterrorist Structure established by the member States of
the Shanghai Convention to combat terrorism, separatism and extremism of
15 June, 2001, located in Bishkek, the Kyrgyz Republic, shall be a
standing SCO body.
Its main objectives and functions, principles of its constitution and
financing, as well as its rules of procedure shall be governed by a
separate international treaty concluded by the member States, and other
necessary instruments adopted by them.
Article 11
Secretariat
Secretariat shall be a standing SCO administrative body. It shall provide
organisational and technical support to the activities carried out in the
framework of SCO and prepare proposals on the annual budget of the
Organisation.
The Secretariat shall be headed by the Secretary-General to be appointed
by the Council of Heads of State on nomination by the Council of
Ministers of Foreign Affairs.
The Secretary-General shall be appointed from among the nationals of
member States on a rotational basis in the Russian alphabetic order of
the member States` names for a period of three years without a right to
be reappointed for another period.
The Secretary-General deputies shall be appointed by the Council of
Ministers of Foreign Affairs on nomination by the Council of National
Coordinators. They cannot be representatives of the State from which the
Executive Secretary has been appointed.
The Secretariat officials shall be recruited from among nationals of the
member States on a quota basis.
The Secretary-General, his deputies and other Secretariat officials in
fulfilling their official duties should not request or receive
instructions from any member State and/or government, organisation or
physical persons. They should refrain from any actions that might affect
their status as international officials reporting to SCO only.
The member States shall undertake to respect the international character
of the duties of the Secretary-General, his deputies and Secretariat
staff and not to exert any influence upon them as they perform their
official functions.
The SCO Secretariat shall be located at Beijing (the People's Republic of
China).
Article 12
Financing
SCO shall have its own budget drawn up and executed in accordance with a
special agreement between member States. This agreement shall also
determine the amount of contributions paid annually by member States to
the budget of the Organisation on the basis of a cost-sharing principle.
Budgetary resources shall be used to finance standing SCO bodies in
accordance with the above agreement. The member States shall cover
themselves the expenses related to the participation of their
representatives and experts in the activities of the Organisation.
Article 13
Membership
The SCO membership shall be open for other States in the region that
undertake to respect the objectives and principles of this Charter and to
comply with the provisions of other international treaties and
instruments adopted in the framework of SCO.
The admission of new members to SCO shall be decided upon by the Council
of Heads of State on the basis of a representation made by the Council of
Ministers of Foreign Affairs in response to an official request from the
State concerned addressed to the acting Chairman of the Council of
Ministers of Foreign Affairs.
SCO membership of a member State violating the provisions of this Charter
and/or systematically failing to meet its obligations under international
treaties and instruments, concluded in the framework of SCO, may be
suspended by a decision of the Council of Heads of State adopted on the
basis of a representation made by the Council of Ministers of Foreign
Affairs. If this State goes on violating its obligations, the Council of
Heads of State may take a decision to expel it from SCO as of the date
fixed by the Council itself.
Any member State shall be entitled to withdraw from SCO by transmitting
to the Depositary an official notification of its withdrawal from this
Charter no later than twelve months before the date of withdrawal. The
obligations arising from participation in this Charter and other
instruments adopted within the framework of SCO shall be binding for the
corresponding States until they are completely fulfilled.
Article 14
Relationship with Other States and International Organisations
SCO may interact and maintain dialogue, in particular in certain areas of
cooperation, with other States and international organisations.
SCO may grant to the State or international organisation concerned the
status of a dialogue partner or observer. The rules and procedures for
granting such a status shall be established by a special agreement of
member States.
This Charter shall not affect the rights and obligations of the member
States under other international treaties in which they participate.
Article 15
Legal Capacity
As a subject of international law, SCO shall have international legal
capacity. It shall have such a legal capacity in the territory of each
member State, which is required to achieve its goals and objectives.
SCO shall enjoy the rights of a legal person and may in particular:
- conclude treaties;
- acquire movable and immovable property and dispose of it;
- appear in court as litigant;
- open accounts and have monetary transactions made.
Article 16
Decisions-Taking Procedure
The SCO bodies shall take decisions by agreement without vote and their
decisions shall be considered adopted if no member State has raised
objections during the vote (consensus), except for the decisions on
suspension of membership or expulsion from the Organisation that shall be
taken by "consensus minus one vote of the member State concerned".
Any member State may expose its opinion on particular aspects and/or
concrete issues of the decisions taken which shall not be an obstacle to
taking the decision as a whole. This opinion shall be placed on record.
Should one or several member States be not interested in implementing
particular cooperation projects of interest to other member States,
non-participation of the above said member States in these projects shall
not prevent the implementation of such cooperation projects by the member
States concerned and, at the same time, shall not prevent the said member
States from joining such projects at a later stage.
Article 17
Implementation of Decisions
The decisions taken by the SCO bodies shall be implemented by the member
States in accordance with the procedures set out in their national
legislation.
Control of the compliance with obligations of the member States to
implement this Charter, other agreements and decisions adopted within SCO
shall be exercised by the SCO bodies within their competence.
Article 18
Permanent Representatives
In accordance with their domestic rules and procedures, the member States
shall appoint their permanent representatives to the SCO Secretariat,
which will be members of the diplomatic staff of the embassies of the
member States in Beijing.
Article 19
Privileges and Immunities
SCO and its officials shall enjoy in the territories of all member States
the privileges and immunities which are necessary for fulfilling
functions and achieving goals of the Organisation.
The volume of privileges and immunities of SCO and its officials shall be
determined by a separate international treaty.
Article 20
Languages
The official and working languages of SCO shall be Russian and Chinese.
Article 21
Duration and Entry into Force
This Charter shall be of indefinite duration.
This Charter shall be subject to ratification by signatory States and
shall enter into force on the thirtieth day following the date of the
deposit of the fourth instrument of ratification.
For a State which signed this Charter and ratified it thereafter it shall
enter into force on the date of the deposit of its instrument of
ratification with the Depositary.
Upon its entering into force this Charter shall be open for accession by
any State.
For each acceding State this Charter shall enter into force on the
thirtieth day following the date of receiving by the Depositary of
appropriate instruments of accession.
Article 22
Settlement of Disputes
In case of disputes or controversies arising out of interpretation or
application of this Charter member States shall settle them through
consultations and negotiations.
Article 23
Amendments and Additions
By mutual agreement of member States this Charter can be amended and
supplemented. Decisions by the Council of Heads of State concerning
amendments and additions shall be formalised by separate protocols which
shall be its integral part and enter into force in accordance with the
procedure provided for by Article 21 of this Charter.
Article 24
Reservations
No reservations can be made to this Charter which contradict the
principles, goals and objectives of the Organisation and could prevent
any SCO body from performing its functions. If at least two thirds of
member States have objections the reservations must be considered as
contradicting the principles, goals and objectives of the Organisation or
preventing any body from performing its functions and being null and void.
Article 25
Depositary
The People's Republic of China shall be the Depositary of this Charter.
Article 26
Registration
Pursuant to Article 102 of the Charter of the United Nations, this
Charter is subject to registration with the Secretariat of the United
Nations.
Done at Saint-Petersburg the seventh day of June 2002 in a single
original in the Chinese and Russian languages, both texts being equally
authoritative.
The original copy of this Charter shall be deposited with the Depositary
who will circulate its certified copies to all signatory States.
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