CONSTITUTIONOF THE INTERNATIONAL CIVIL DEFENCE ORGANISATION ADOPTED ON 17 OCTOBER 1966 ENTERED INTO FORCE ON 1 MARCH 1972 ("Off. Herald of RS - Treaties", No. 3/2019) |
Preamble
With a view to intensifying and co-ordinating on a worldwide scale the development and improvement of organisations, means and techniques for preventing and reducing the consequences of natural disasters in peacetime or of the use of weapons in time of conflict, the contracting States have agreed to the following
ESTABLISHMENT
Art. 1
The International Civil Defence Organization (hereinafter called the "Organization") shall be established by the present Constitution.
FUNCTIONS
Art. 2
The functions of the Organization shall be:
(a) to develop and maintain close co-operation among the agencies entrusted with the protection and rescue of the populations and property;
(b) to encourage the establishment and development of a Civil Defence organisation in countries where such an organisation does not exist, in particular in developing countries, and to assist countries, upon their request, in establishing and developing organisations for protection and rescue of the populations and property;
(c) to establish and maintain effective collaboration with specialised agencies, Government services, professional groups and such other organizations as may be deemed appropriate;
(d) to foster and ensure the exchange of information, experience, personnel and experts among the various countries in the field of protection and rescue of the populations and property;
(e) to furnish, upon the request of Members appropriate technical assistance, including organisation plans, instructors, experts, equipment and material as may be necessary;
(f) to establish and maintain such technical services as may be required, including documentation, study, research, equipment and other Centres;
(g) to gather and provide information on organisation protection and operation principles with respect to the hazards threatening populations in case of floods, earthquakes, avalanches, major fires, hurricanes, dam bursts and other kinds of destruction as well as from air and water pollution or attacks with modern means of warfare;
(h) to gather and provide reports, studies, research work and specialized documents on the protection and rescue of the populations and property;
(i) to gather and provide information on the modern equipment and material to be used for operations in case of hazards such as listed under (g);
(j) to assist Members in developing an informed public opinion among all peoples on the vital necessity of prevention, protection and intervention in case of disaster;
(k) to study and to contribute to the exchange of knowledge and experience on appropriate preventive measures against damage through disasters;
(l) to intensify, in the event of large-scale disasters, the efforts of various rescue and relief organisations and groups;
(m) to undertake among Members initiatives and to contribute to relief actions in the event of large-scale disasters;
(n) to study and disseminate knowledge on teaching, training and equipping of personnel for protection and rescue agencies;
(o) to stimulate research on the protection and rescue of the populations and property by way of information, publication of studies and any other appropriate means.
MEMBERSHIP
Art. 3
Membership in the Organisation shall be open to all States.
Art. 4
The States may become Members of the Organisation by accepting this Constitution in accordance with the provisions of Part XV and in accordance with their constitutional processes.
Art. 5
If any Member fails to meet its financial obligations to the Organisation or otherwise fails in its obligations under the present Constitution, the General Assembly may by resolution suspend it from exercising its rights and enjoying privi1eges as a Member of the Organisation until it has met such financial or other obligations.
Art. 6
Any Member may withdraw from the Organisation on twelve months’ notice in writing given by it to the Secretary-General of the Organisation, who shall at once inform all the Members of the Organisation of such notice of withdrawal.
ORGANS
Art. 7
The work of the Organisation shall be carried out by:
(a) the General Assembly (hereinafter called the "Assembly")
(b) the Executive Council (hereinafter called the "Council")
(c) the Secretariat.
GENERAL ASSEMBLY
Art. 8
The Assembly is the supreme authority of the Organisation and shall be composed of delegates representing Member-States.
Art. 9
Each Member-State shall be represented by one delegate.
Art. 10
The Assembly shall meet in ordinary sessions in intervals not exceeding two years, and in such special sessions as may be necessary. Special sessions shall be convened at the request of the Council or of a majority of the Members.
Art. 11
The Assembly, at each ordinary session, shall select the country in which the next ordinary session shall be held, the Council subsequently fixing the place. The Council shall determine the place where a special session shall be held.
Art. 12
The Assembly shall elect a President and a Vice President as well as other officers at the beginning of each ordinary session. They shall hold office until their successors are elected.
Art. 13
The Assembly shall adopt its own rules of procedure.
Art. 14
In addition to functions set out in other Articles of the Constitution, the primary duties of the Assembly shall be:
(a) to determine general policies for the fulfilment of the functions of the Organisation as set forth in Art. 2;
(b) to name the Members entitled to designate a representative to the Executive Council;
(c) to appoint the Secretary-General;
(d) to review and approve reports and activities of the Council and of the Secretary-General;
(e) to instruct the Council where necessary and establish such commissions as may be considered necessary for the work of the Organisation;
(f) to supervise the financial policies of the Organisation and to review and approve the budget;
(g) to promote and conduct research in the field of protection and rescue work by the personnel of the Organisation, by the establishment of its own study and research institutions or by cooperation with official or non-official institutions of any Member-State with the consent of its Government;
(h) to establish such other institutions as may be considered desirable;
(i) to invite any organisation, international or national, governmental or non-governmental, which has responsibilities related to those of the Organisation, to appoint representatives to participate, without the right of vote, in its meetings or in those of the committees and conferences convened under its authority, on conditions prescribed by the General Assembly; invitations shall be issued only with the consent of the Government concerned;
(j) to establish regulations prescribing the procedures to be adopted by the various bodies of the Organisation, and in particular the general regulations, the regulations on finance, and the regulations on the staff of the Organisation;
(k) to establish technical commissions in conformity with the provisions of Part IX, to define their functions, co-ordinate their activities and consider their recommendations;
(l) to determine the location of the Secretariat of the Organisation;
(m) to take any other appropriate action to further the aims of the Organisation.
Art. 15
In a vote in Assembly each Member shall have one vote. Decisions shall be by a two-thirds majority of the votes cast for and against.
Art. 16
The presence of delegates of a majority of the Members shall be required to constitute a quorum for meetings of the Assembly.
EXECUTIVE COUNCIL
Art. 17
The Executive Council is the executive body of the Organisation.
Art. 18
The Assembly shall determine the number of the Members of the Executive Council and shall elect the Members entitled to designate a person to serve on the Council, taking into account an equitable geographical distribution.
Art. 19
The Members of the Council shall be elected for four years; one half shall be renewed every two years.
Art. 20
The Council shall meet at least once a year and shall determine the place of each meeting.
Art. 21
A special session of the Executive Council shall be convened according to the procedures contained in the Regulations, after receipt by the Secretary-General of requests from a majority of the Members of the Executive Council.
Art. 22
The Council shall elect its Chairman and its Vice-Chairman from among its members.
Art. 23
In addition to functions set out in other Articles of the Constitution, the primary functions of the Executive Council shall be:
(a) to implement the decisions taken by the Assembly an to conduct the activities of the Organisation in accordance with the intention of such decisions;
(b) to study all questions concerning the protection and rescue of populations and property on an international scale;
(c) to prepare the agenda for the Assembly and to give guidance to the technical commissions in the preparation of their agenda;
(d) to report on its activities to each session of the Assembly;
(e) to administer the finances of the Organisation in accordance with the provisions of Part X of the Constitution;
(f) to advise the Assembly on questions referred to it by that body and on matters assigned to the Organisation by conventions, agreements and regulations;
(g) to submit advice or proposals to the Assembly on its own initiative;
(h) to submit to the Assembly for consideration and approval a general programme of work covering a specific period;
(i) to study all questions within its competence;
(j) to take emergency measures within the functions and financial resources of the Organisation to deal with events requiring immediate action;
(k) to authorise the Secretary-General to take the necessary steps for rescue action in case of disaster;
(l) to undertake studies and research the urgency of which has been drawn to the attention of the Council by any Member or by the Secretary-General;
(m) to perform such other functions as may be conferred on it by the Assembly.
Art. 24
In a vote in Council each Member shall have one vote. Decisions shall be by simple majority of the votes cast.
Art. 25
The presence of two-thirds of the Members shall be required to constitute the quorum for meetings of the Council.
THE SECRETARIAT
Art. 26
The permanent Secretariat of the Organisation shall be composed of a Secretary-General and such technical and administrative staff as may be required for the work of the Organisation.
Art. 27
The Secretary-General shall be appointed by the Assembly on the nomination of the Council on such terms as the Assembly may determine. The Secretary-General shall be the chief technical and administrative officer of the Organisation.
Art. 28
The Secretary-General shall be ex-officio Secretary of the Assembly and of the Council, and shall attend ex officio all commissions of the Organisation. He may delegate these functions.
Art. 29
The Secretary-General shall prepare and submit annually to the Council the financial statements and budget estimates of the Organisation.
Art. 30
The Secretary-General shall appoint the staff of the Secretariat in accordance with staff regulations established by the Assembly. The paramount consideration in the employment of the staff shall be to assure that the efficiency, integrity and internationally representative character of the Secretariat shall be maintained at the highest level. Due regard shall be paid also to the importance of recruiting the staff on as wide a geographical basis as possible.
Art. 31
The conditions of service of the staff of the Organisation shall conform as far as possible with those of other international organisations.
Art. 32
In the performance of their duties, the Secretary-General and the staff shall not seek or receive instructions from any authority external to the Organisation. They shall refrain from any action, which might reflect on their position as international officers. Each Member of the Organisation on its part shall respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not seek to influence them in the discharge of their responsibilities to the Organisation.
CONFERENCES
Art. 33
The Organisation shall carry out the tasks listed in Art. 2 also by organising general and local conferences, symposia, seminars and other technical meetings. Representatives of non-member States may attend these meetings as observers, as well as delegates of international and national organisations, governmental or nongovernmental. The manner of such representation shall be determined by the Assembly or the Council.
Art. 34
The Council and the Secretary-General may provide for representation of the Organisation at conferences in which they consider that the Organisation has an interest.
COMMISSIONS
Art. 35
The Council shall establish such technical commissions as the Assembly may direct and, on its own initiative or on the proposal of the Secretary-General, may establish any other commissions considered desirable to serve any purpose within the competence of the Organisation.
Art. 36
The Council, from time to time and in any event annually shall review the necessity for continuing each technical Commission.
Art. 37
Members of the Organisation have the right to be represented on the Technical Commissions.
Art. 38
Each Technical Commission shall elect its President. He may participate, without the right of vote, in the meetings of the Assembly and of the Council.
Art. 39
The Council may provide for the creation of or the participation by the Organisation in joint or mixed commissions with other organisations and for the representation of the Organisation in commissions established by such other organisations.
FINANCES
Art. 40
The Secretary-General shall prepare and submit to the Council the annual budget estimates of the Organisation.
The Council shall consider and submit to the Assembly such budget estimates, together with any recommendations the Council may deem advisable.
Art. 41
The Assembly shall determine the maximum expenditure which may be incurred by the Organisation on the basis of the estimates submitted by the Executive Council.
Art. 42
The expenditures of the Organisation shall be apportioned among the Members of the Organisation in accordance with a scale to be fixed by the Assembly.
Art. 43
The Assembly shall delegate to the Executive Council such authority as may be required to approve the annual expenditures of the Organisation within the limitations determined by the Assembly.
Art. 44
The Assembly or the Council acting on behalf of the Assembly may accept and administer gifts and bequests made to the Organisation provided that the conditions attached to such gifts or bequests are acceptable to the Assembly or the Council and are consistent with the aims and policies of the Organisation.
DOCUMENTS SUBMITTED BY MEMBERS
Art. 45
Each Member shall communicate to the Organisation laws, regulations, official reports and statistical data pertaining to protection and rescue of the populations and property which have been published in the country concerned.
LEGAL STATUS
Art. 46
The Organisation shall enjoy in the country of its headquarters such legal capacity and facilities as may be necessary for the fulfilment of its purposes and for the exercise of its functions.
Art. 47
The Organisation shall enjoy in the country of its headquarters such privileges as may be necessary for the fulfilment of its purposes and for the exercise of its functions.
Art. 48
Officers and officials of the Organisation shall similarly enjoy in the country of its headquarters such facilities as are necessary for the independent exercise of their functions in connection with the Organisation.
AMENDMENTS
Art. 49
Texts of proposed amendments to this Constitution shall be communicated by the Secretary- General to Members at least six months in advance of their consideration by the Assembly. Amendments shall come into force for all Members when adopted by a two-thirds vote of the Assembly and accepted by two-thirds of the Members in accordance with their respective constitutional processes.
RELATIONS WITH OTHER ORGANIZATIONS
Art. 50
The Organisation shall establish effective relations and co-operate closely with such other intergovernmental and non-governmental organisations as may be desirable. Any formal agreement entered into with such organisations shall be approved by the Executive Council.
ENTRY INTO FORCE
Art. 51
Subject to the provisions of Part III, this Constitution shall remain open to all States for signature or acceptance.
Art. 52
This Constitution shall come into force when ten States have become parties to it.
Art. 53
The present Constitution shall come into force for each State ratifying or acceding after that date on the thirtieth day after the deposit of its instrument of ratification or accession.
IN WITNESS WHEREOF the undersigned being duly authorised by their respective governments, have signed the present Constitution.
DONE at MONACO, the seventeenth day of October, nineteen hundred and sixty-six, in a single copy in Chinese, English, French, Russian and Spanish languages, each text being equally authentic, the original of which shall be deposited in the archives of the Secretariat of the International Civil Defence Organization which shall transmit certified copies to all the signatory and acceding States.