Draft Charter
of the Non-aligned Movement Center
for Human Rights and Cultural Diversity

 

Reaffirming the provisions of "Tehran Declaration and Program of Action on Human Rights and Cultural Diversity", adopted by the Non – aligned Movement Ministerial Meeting, 3-4 September 2007, in which the Meeting decided interalia, to establish “the Non-aligned Movement Center for Human Rights and Cultural Diversity " (hereafter, the Center), the Member States of the Non-Aligned Movement (hereafter, the NAM) have agreed as follows:

ARTICLE I
Functions
To achieve its objectives, the Center shall:

Set up appropriate mechanisms to publicize the values of different cultures and their contribution to the enrichment of the concept of human rights;

Act as a forum for consultation on human rights and humanitarian law education and research among Member States;

Conduct studies and research on priority human rights and humanitarian law issues, including those issues referred by the NAM Meetings;

Program and plan research and training, with a view to achieving the aims and objectives of the Center and to ensuring the highest academic standards and universality of approach;

Conduct higher educational programs such as "LLM and PhD in Human Rights and Cultural Diversity", with the cooperation of prestigious universities in Member States;

Convene related conferences, meetings, symposia, seminars, training sessions and workshops;

Encourage the research, study and training needed for the development and upgrading of education in the field;

Enhance the exchange of views, experiences and information in the field within the world academic community, particularly in developing countries;

Promote educational and training exchange programs such as visits of scholars, academics, students, artists, and eminent personalities between academic centers;

Help universities and educational centers to establish chairs in "Human Rights and Cultural Diversity";

Organize literary, educational and cultural functions and exhibitions on folk, traditional and modern arts, reflecting the contribution of different cultures to the enrichment of human rights;

Publish a quarterly journal in English and to the extent possible in national languages of the NAM and Persian in the headquarter;

Publish the results of studies conducted studies in the Center in the form of books, monographs, periodicals and particularly in the "Yearbook of Human Rights and Cultural Diversity";

Publish selected works of eminent contemporary writers, painters, and photographers;

Establish a network of relevant research and educational centers;

Establish a library, database and documentation center;

Serve as a depository of information regarding the expertise available on subjects of relevance to the work of the Center;

Provide scholarships to academics, students, teachers, and other related staff in the field by establishing a scholarship pool, with contributions to be made by the Member States and international institutions;

Grant awards and prizes to eminent scholars in the field and to set up a related “NAM Award”;

Maintain an up-to-date roster of qualified scholars from all parts of the world who are experts in the present and prospective fields of research of the Center, and assist the research and training centers and programs in finding competent scholars as necessary;

Maintain close cooperation with international and regional organizations sharing similar objectives and activities;

Cooperate and establish links with other fora and organizations which have similar objectives;

Conduct and coordinate the programs for “NAM Week on Human Rights and Cultural Diversity”;

Perform other duties given to the Center on the basis of decisions taken at NAM Summits or Ministerial Meetings.
ARTICLE II
Structure, Status and Authority
1- The Center shall consist of:
a- Board of Trustees;
b- Academic Council;
c- Director, Deputy Director, academic and other staff of the Center.
2-The Center shall be an intergovernmental body, engaged in research, training and dissemination of knowledge in the field of human rights and cultural diversity.

3- Other Countries not Members of the NAM may be accepted as members of the Center upon the approval of Board of Trustees.

4-The Center shall act in accordance with the spirit of the provisions of the Charter of the United Nations and the Universal Declaration of Human Rights and with the fundamental principles of contemporary international law.

5-The Center shall enjoy complete academic freedom in order to achieve its objectives, with particular reference to the choice of subjects and methods of research and training, the selection of persons and institutions with which it cooperates, and freedom of expression.

6- The Center shall decide freely on the use of the financial resources allocated for the execution of its functions.

7-The Center shall have its headquarters in Tehran in the Islamic Republic of Iran (hereafter, the Host Country). A Headquarters Agreement will be concluded between the Center and the Government of the Host Country.

8- For purposes of advanced research and post-graduate training, the Board of Trustees may designate, on grounds of academic excellence, certain institutions and centers, or parts thereof, as associated institutions of the Center, on terms and conditions to be decided on by the Board.

9-The Center and its associated institutions shall enjoy in the territory of the Host Country such legal capacity and privileges and immunities as may be necessary for the exercise of its functions and the fulfillment of its objectives under conditions laid down in the related agreements.

10-The Center may enter into agreements, contracts or arrangements with Governments, organizations, institutions, firms or individuals for the purpose of carrying out its activities.

11- The Center shall formulate its own financial and staff regulations as well as the rules of procedures which shall be approved by the Board and within one year of its operation.

12- The official language of the Center is English. National languages of the NAM can also be used as working languages of the Center upon the decision of the Board.

ARTICLE III
Board of Trustees
1- There shall be a Board of Trustees (hereafter, the Board), composed of nine NAM Foreign Ministers, Education and Higher Education Ministers, Minister of Human Rights and other related officials. Three members are representative of Troika and six others are elected by the NAM Summit on a geographical basis for a period of three years

2- Upon their acceptance, the Secretary-General of the UN, the Director-General of UNESCO, the Executive Director of UNITAR, The Rector of the UN University, the UN High Commissioner for Human Rights, The General- Director of ICRC, along with heads of regional intergovernmental human rights bodies in the NAM region shall be ex officio Members of the Board.

3- The Board shall:
a- Formulate principles and policies which shall govern the activities and operations of the Center;
b- Make whatever recommendations to the Center it may deem either necessary or desirable for the effective functioning of the Center;
c- Examine and approve the reports of the Academic Council;
d- Consider and adopt the work program and the budget of the Center;
e- Establish subsidiary bodies upon the recommendation of the Academic Council;
f- Approve admission, as members, of other countries not Members of the NAM;
g- Adopt appropriate rules of procedure for its functioning, in accordance with the same procedure of decision-making as is applicable in the NAM Ministerial Meetings;
h- Elect members of the Academic Council;
i- Approve the appointment of the Director and the election of the Deputy Director of the Center under the conditions laid down in the provisions of Article V paragraphs 1-2 below.

4. The Board shall meet once a year along with the NAM annual Ministerial Meeting held in New York or any other appropriate Ministerial Meetings. By the request of one third of the Member States the Board shall hold a special meeting.

5- Official sessions of the Board are chaired by the Minister representing the Chairmanship of the NAM.

6- The Director of the Center shall act as Secretary of the Board.

ARTICLE IV
Academic Council
1- The Academic Council (hereafter, the Council) shall be composed of eminent scholars in the field of human rights on a broad geographical basis with due regard to various fields of study, and with appropriate representation of young scholars and women scholars.

2- The Council shall be responsible for approving, organizing, monitoring and evaluating the research, education and training projects and activities of the Center.

3-The Council shall have a maximum of 33 members, serving in their individual capacities, who shall be elected by the Board. The Director and the Deputy Director of the Center are also members of the Council.

4- The Council shall:
a. Adopt such decisions and resolutions as may be necessary for the implementation of the Charter;
b. Elect one of its members as the Deputy Director of the Center;
c. Make recommendations to the Board regarding the setting up or incorporation of the research and training centers and programs of the Center, establishing standards for their operation either on its own authority, in cases where they are being set up, or by agreement in cases where they are being incorporated;
d. Consider reports of the Director on the activities of the Center and on the execution of its plans of work;
e. Consider the methods of financing the Center with a view to ensuring the effectiveness and continuity of its operations, and the Center's autonomous character within the framework of the NAM;
f. Consider various arrangements under which institutions and individuals may be associated with the work of the Center and the criteria to be met by such institutions and individuals in order to ensure the maintenance of its highest academic standards;
g. Report annually to the Board on the work of the Center.
5-Members of the Council do not represent their own countries and need not be citizens of a NAM Member State. Therefore, more than one citizen of a single country may be elected to the Council.

6-Each Member State may nominate up to five candidates for the Council. Candidates should be announced to the NAM Coordination Bureau, two months before convening the meeting of the Board.

7-The Council shall normally meet once a year in regular session. Special sessions or informal consultations may also be held as may be deemed necessary. Official meetings of the Council require the presence of one third of its members.

8-Travel expenses of the members of the Council for attending the related sessions of the Center shall be paid by the member’s Nominating State.

9-Representatives of related United Nations organs and the NAM associated institutors shall be invited to attend meetings of the Council as observers. The Council may also invite representatives of non-governmental organizations and academic bodies to attend as observers as well.

10-The Director of the Center shall act as the chairperson of the Council.

11-The Director of the Center shall prepare the provisional agenda for each annual session on the basis of the work program of the Council and the discussions which take place at least fifteen days in advance of the commencement date of the session.

12-The Council members are persuaded to be seconded by the Candidate Nominating States as Academic Personnel of the Center or remain in close cooperation with its daily academic life.

13-There is no term of office for Members of the Council, but absence in two consecutive annual sessions of the Council results automatically into termination of membership of the Council.

14-If a Member of the Council is not able to perform his/her duties, upon the application of the Appointing State, a new person shall be nominated for the election by the Board.
ARTICLE V
Director and Deputy Director
1-The Director shall be appointed by the Member State holding the Chairmanship of the NAM for the period of its chairmanship. Upon the approval of appointment by the Board, the Director shall be seconded to the Center by the Appointing State.

2- One of the members of the Council should be elected by the Council as the Deputy Director for a period of three years. Upon the approval of the election by the Board, the elected Deputy Director is seconded to the Center by the Candidate Nominating State.

3- The Director, or in his absence the Deputy Director, serves as chairperson of the Council and as Secretary of the Board.

4-The Director, or in his absence the Deputy Director, shall be the chief academic and administrative officer of the Center and shall have overall responsibility for direction, organization, administration and programs of the Center, in accordance with the principles and policies formulated by the Board.

5- The Director shall, interalia:
a- Submit the work program and the budget estimates of the Center to the Council for its consideration and approval;
b- Direct the activities connected with the execution of the education and research programs and authorize the expenditures provided in the budget approved by the Council;
c- Appoint the academic staff and other personnel of the Center, following procedures approved by the Council, so as to ensure the highest standards of expertise, experience and integrity of that personnel;
d- Direct the staff of the Center;
e- Make arrangements with Governments and international as well as national public and private organizations with a view to offering and receiving services related to the activities of the Center;
f- After consultation with the Council, accept voluntary contributions and gifts to the Center for purposes related to the activities of the Center;
g- Report annually, or whenever so requested, to the Council in accordance with the rules of procedure on the activities of the Center and the implementation of its plans of work;
h- Provide necessary services to the Board and the Council;
i- Issue administrative decrees and internal instructions, sign contracts and agreements, on behalf of the Center, required for its functioning;
j- Request the support of the Member-States in providing professional personnel to assist in the work of the Center;
k- Represent the Center in its relations with the authorities of the Host Country;
l- Coordinate the research and training programs of the Center with the activities of the United Nations and its agencies and, so far as possible, with research programs of the world scholarly community;
m- Initiate and establish contacts with secretariats or appropriate bodies and institutions of international organizations and other fora, the work of which is related to the activities of the Center;

ARTICLE VI
Staff
1-Academic Staff are nominated and seconded to the center by their Nominating States. The Director, in consultation with the Council, shall approve the appointment of the Academic Staff in accordance with criteria adopted by the Board. All members of the Academic Staff shall enjoy in their research and training work the academic freedom guaranteed by the provisions of Article II paragraph 5 above.

2. If a member of the Academic Staff is not able to perform his/her duties, a new person may be nominated for appointment by the Nominating State to the unexpired term of office.

3- Students, trainees, interns and guest academicians, including visiting professors, visiting fellows and consultants shall be appointed by the Director.

4- Local Staff shall be provided with the Center by the Host Country.

5-Local Staff are appointed by the Director on a contractual basis from among the nationals of the Host Country and other nationals to perform the administrative, technical and service functions of the Center. Other nationals should be resident and locally recruited in the Host Country.

6. Terms of employment of the local Staff shall be governed by legislation of the Host Country. In employing local staff, equal opportunities shall be afforded to the nationals of all Member States without any discrimination on grounds such as sex, race, religion or nationality.

7- The personnel referred to in this article shall be solely responsible to the Director in the exercise of their functions.

ARTICLE VII
Finance and Budget
1-Capital costs and recurrent costs of the Center shall be met from voluntary contributions to the Center, or from the income derived there from.

2-The Host Country shall provide to the Center appropriate accommodation with necessary utilities and sufficient local staff, upon the conclusion of an agreement that will be signed between the Director of the Center and representative of the Host Country.

3-Contributions which may directly or indirectly involve an immediate or ultimate financial liability for the Center, or which involves a new activity not yet included in its programs, may be accepted only with the approval of the Council.

4-Member States that commit themselves to a regular financial contribution to the Center and Member States that commit themselves to secondment of the required Academic Staff shall be entitled to priority in decision making within the Board and the Council, and in receiving the services of the Center. The related procedures shall be approved by the Council or the Board accordingly.

5-The Director shall prepare the budget estimates for the Center. The estimates, along with the related comments and recommendations, shall be submitted to the Council for approval.