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Treaty Establishing the Caribbean Community and Common Market - CARICOM

CHAPTER II

ORGANS OF THE COMMUNITY

ARTICLE 6

PRINCIPAL ORGANS

      (a) The principal organs of the Community shall be--the Conference of Heads of Government (hereinafter referred to as "the Conference");

      (b) The Common Market Council established under the Annex (hereinafter referred to as "the Council").

ARTICLE 7

THE CONFERENCE

COMPOSITION

The Conference shall consist of the Heads of Government of Member States.

Any member of the Conference may, as appropriate, designate an alternate to represent him at any meeting of the Conference.

ARTICLE 8

FUNCTIONS AND POWERS

    1. The primary responsibility of the Conference shall be to determine the policy of the Community.

    2. The Conference may establish, and designate as such, institutions of the Community in addition to those specified in paragraphs (a) to (g) of Article 10 of this Treaty, as it deems fit for the achievement of the objectives of the Community.

    3. The Conference may issue directions of a general or special character as to the policy to be pursued by the Council and the Institutions of the Community for the achievement of the objectives of the Community, and effect shall be given to any such directions.

    4. Subject to the relevant provisions of this Treaty, the Conference shall be the final authority for the conclusion of treaties on behalf of the Community and for entering into relationships between the Community and International Organisations and States.

    5. The Conference shall take decisions for the purpose of establishing the financial arrangements necessary for meeting the expenses of the Community and shall be the final authority on questions arising in relation to the financial affairs of the Community.

    6. The Conference may regulate its own procedure and may decide to admit at its deliberations observers, representatives of non-Member States or other entities.

    7. The Conference may consult with entities and other organisations within the region and for this purpose may establish such machinery as it deems necessary.

ARTICLE 9

VOTING IN THE CONFERENCE

    1. Each member of the Conference shall have one vote.

    2. The Conference shall make decisions and recommendations by the affirmative vote of all its members.

    3. A decision shall be binding upon each Member State to which it is directed. A recommendation shall have no binding force. Where, however, a Member State fails to observe a recommendation of the Conference, it shall submit a report to the Conference as early as practicable and in any event not later than six months thereafter, giving reasons for its non-compliance.

    4. For the purposes of this Article, abstentions shall not be construed as impairing the validity of decisions or recommendation of the Conference provided that not less than three-quarters of its members including at least two of the More Developed Countries vote in favour of any decision or recommendation.

ARTICLE 10

INSTITUTIONS OF THE COMMUNITY

Institutions of the Community shall be--

      (a) the Conference of Ministers responsible for Health

      (b) the Standing Committee of Ministers responsible for Education

      (c)the Standing Committee of Ministers responsible for Labour

      (d) the Standing Committee of Ministers responsible for Foreign Affairs

      (e) the Standing Committee of Ministers responsible for Finance

      (f) the Standing Committee of Ministers responsible for Agriculture

      (g) the Standing Committee of Ministers responsible for Mines

      (h) any other institution that may be established and designated as such by the Conference in accordance with Article 8.

ARTICLE 11

COMPOSITION OF INSTITUTIONS OF THE COMMUNITY

    1. Each Institution of the Community as set out in paragraphs (a) to (h) of Article 10 of this Treaty shall consist of representatives of Member States. Each Member State shall designate a Minister of Government as its representative on each such institution.

    2. Where the Minister designated under paragraph l of this Article is unable to attend a meeting of the institution the Member State may designate any other person as an alternate to attend such meeting in his stead.

    3. Where the Conference establishes any other institutions in the exercise of the power conferred on it by paragraph 2 of Article 8 of this Treaty, the composition of such institution shall be determined by the Conference.

ARTICLE 12

FUNCTIONS AND POWERS

    1. Subject to the relevant provisions of Article 8 of this Treaty, the institutions of the Community shall formulate such policies and perform such functions as are necessary for the achievement of the objectives of the Community within their respective spheres of competence.

    2. The institutions of the Community may regulate their own procedure and--

      (a) may establish such subsidiary committees, agencies and other bodies as they consider necessary for the efficient performance of their functions; and

      (b) may decide to admit at their deliberations observers, representatives of non-Member States or other entities.

ARTICLE 13

VOTING IN INSTITUTIONS

    1. Each Member State represented on an Institution shall have one vote.

    2. Unless otherwise provided for, decisions of an Institution shall be made by an affirmative vote of all its members. For the purposes of this paragraph, abstentions shall not be construed as impairing the validity of decisions of an Institution provided that not less than three-quarters of its members including at least two of the More Developed Countries vote in favour of such decisions.

    3. Recommendation shall be made by a two-thirds majority vote of all its members including at least two of the More Developed Countries and shall have nobinding force. Where a Member State fails to observe a recommendation of an Institution in whole or in part, it shall submit a report to the Institution making the recommendation as early as practicable and in any event not later than six months after receiving notice of such recommendation giving reasons for its non-compliance.

    4. Observers at meetings of Institutions shall not have the right to vote.

ARTICLE 14

ASSOCIATES INSTITUTIONS

    1. The following institutions shall be recognised as Associate Institutions of the Community--

      (a) the Caribbean Development Bank;

      (b) the Caribbean Investment Corporation;

      (c) the West Indies Associated States Council of Ministers;

      (d) the East Caribbean Common Market Council of Ministers;

      (e) the Caribbean Examinations Council

      (f) the Council of Legal Education;

      (g) the University of Guyana;

      (h) the University of the West Indies;

      (i) the Caribbean Meteorological Council;

      (j) the Regional Shipping Council;

      (k) any other institution designated as such by the Conference.

    2. The Community shall seek to establish such relationships with its Associate Institutions as will promote the achievement of its objectives.

ARTICLE 15

THE COMMUNITY SECRETARIAT

    1. The Commonwealth Caribbean Regional Secretariat shall be recognised as the Community Secretariat. The Community Secretariat (hereinafter referred to as "the Secretariat") shall be the principal administrative organ of the Community. The headquarters of the Secretariat shall be located in Georgetown, Guyana.

    2. The Secretariat shall comprise a Secretary-General and such staff as the Community may require. The Secretary-General shall be appointed by the Conference (on the recommendation of the Council) for a term not exceeding 5 years and may be re-appointed by the Conference. He shall be the chief administrative officer of the Community.

    3. The Secretary-General shall act in that capacity in all meetings of the Conference, the Council and of the institutions of the Community. Then Secretary-General shall make an annual report to the Conference on the work of the Community.

    4. In the performance of their duties the Secretary-General and his staff shall neither seek nor receive instructions from any government whether of Member States or otherwise or from any other authority. They shall refrain from any action which might reflect on their position as officials of the Community, and shall be responsible only to the Community.

    5. Each Member State undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and his staff and shall not seek to influence them in the discharge of their responsibilities.

    6. The Conference shall approve the staff Regulations governing the operation of the Secretariat.

    7. The Secretary-General shall approve Staff Rules far the operation of the Secretariat.

ARTICLE 16

FUNCTIONS OF THE SECRETARIAT

    1. The functions of the Secretariat shall be as follows:--

      (a) to service meetings of the Community and any of its Institutions or Committees as may from time to time be determined by the Conference;

      (b) to take appropriate follow-up action on decisions made at such meetings;

      (c) to initiate, arrange and carry out studies on questions of economic and functional co-operation relating to the region as a whole;

      (d) to provide services to Member States at their request in respect of matters relating to the achievement of the objectives of the Community;

      (e) to undertake any other duties which may be assigned to it by the Conference or any of the Institutions of the Community.

Continue on to Chapter III