Statutes

21 paises forman parte de CLARCIEV

LATIN AMERICAN AND CARIBBEAN COUNCIL FOR CIVIL REGISTRATION, IDENTITY AND VITAL STATISTICS

C L A R C I E V

The representatives of the government institutions and agencies of the States, meeting in the city of Guayaquil, Ecuador, on October 26, 2012:

BY-LAWS

ARTICLE 1.- The Latin American and Caribbean Council for Civil Registration, Identity, and Vital Statistics, hereinafter “CLARCIEV,” is hereby created as an inter-agency organization that links the institutions of each one of the countries. Its purpose is to promote and facilitate coordination, support, and cooperation of the member states’ government institutions and agencies, modernization, and incorporation of technologies whose compatibility enables interoperability among institutions in order to provide reliable, timely, secure, and credible services that are vested with public trust, in full collaboration with the rest of the public and private agencies of our countries, supporting the democratic system, human and transaction security, but above all individuals’ access to their rights through the recognition of their identity, in keeping with the legislation in effect in each country.

OBJECTIVES

ARTICLE 2.- CLARCIEV shall have the following objectives:

  1. Promote among the agencies and institutions of the countries bilateral, multilateral, and sub-regional cooperation mechanisms aimed at recording the acts and facts regarding individuals’ civil status, and the registration and full identification of all their inhabitants.
  2. II) Foster and encourage support of international organizations for projects between two or more countries or sub-regions of Latin America, the objective of which is the full recognition and development of individuals’ identity and rights.

III)        Promote the exchange of human, information, technological, statistical, documentary, and bibliographic resources regarding population, identity, and civil registration, respecting the legislation and regulations of each country and institution.

  1. IV) Foster support and cooperation among its members to develop the right to identity and the modernization of identification and civil registry systems.
  2. V) Strive for harmonization in use of technologies in registries and security measures for identity and travel documents.
  3. VI) Bolster collaboration with relevant institutions, such as the United Nations (UN), the Organization of American States (OAS), the Inter-American Development Bank (IDB), the World Bank (WB), the agencies of the European Union, and any other agency involved in international cooperation, as well as those linked to personal data protection.

VII)       Promote ongoing exchange of information and experiences of each country regarding modernization of their structures, legal provisions, and administrative organization, as a way to stimulate mutual enrichment.

VIII)      Promote meetings, seminars and conferences at the highest level of the bodies and institutions in the field, which enable ongoing exchanges of experiences, awareness of public management best practices, incorporation of new technologies, outcomes of projects executed with the support of international organizations, such that the highest authorities of institutions and ministries have the most current and valid information, ensuring the best use of available resources..

  1. IX) Promote in the respective governments national policies that further and facilitate access of all its inhabitants to essential and vital registrations, obtaining compulsory identity documents, and the corresponding investment that enables the greatest possible certainty with regard to individuals’ identity and security in handling said information by agencies established by the State, such that it contributes to national economic, political, and social development strategies.
  2. X) Form working groups (administrative, political, technical, etc.) on functional mechanisms for the exchange of documents, information, and statistics pursuant to bilateral or multilateral agreements that allow for an ever greater rapprochement and integration among the countries and the safe movement of their citizens.
  3. XI) Develop criteria, common mechanisms, and practical measures to provide for and ensure procurement of technologies and selection of providers whose ethics, reliability, quality, and efficiency in the technologies and products offered enable the best use of resources invested.

XII)       Advance the creation of a training center for personnel specialized in registrations, identity, and use of exclusive technologies for the development of agencies and institutions, ensuring instruction at the highest level and specialization in last-generation technological developments, facilitating the support and participation of multinational organizations.

The agencies and institutions mentioned in the paragraphs of this Article refer to countries that may have federal or unitary structures, recognizing the inherent autonomies that each one of them has.

LANGUAGE

ARTICLE 3.- The official languages of CLARCIEV are Spanish, English, French, and Portuguese.

Communications between countries shall be translated into the language of the recipient country.

MEMBERS

ARTICLE 4.- CLARCIEV members shall be the government agencies and institutions of Latin American and Caribbean countries that have inherent or delegated political responsibility for Individual Identification or Civil or Population Registration. Membership is upon request.

 

ARTICLE 5.- The bodies of the CLARCIEV are:

  1. I) The General Assembly;
  2. II) Chairperson;

III)        Five permanent Vice-chairpersons, ranked vis-à-vis the Chair according to a preferential order of precedence in keeping with how they placed in the election;

  1. IV) Executive Committee;
  2. V) Executive Secretary;
  3. VI) Working Committees.

GENERAL ASSEMBLY

ARTICLE 6.- The General Assembly is CLARCIEV’s highest authority, and shall be comprised of all of its members. The delegations of CLARCIEV members to the Generally Assembly shall consist of three delegates per COUNTRY at most, but each country shall be entitled to only one vote.

ARTICLE 7°.- The General Assembly shall have the power to:

  1. I) Elect the Chair and Vice-chairs;
  2. II) Adopt resolutions and recommendations, and be apprised of compliance therewith;

III)        Approve the strategic plan;

  1. IV) Approve the annual management plan;
  2. V) Approve and amend the “Latin American Charter of Civil Registration, Identity, and Vital Statistics”;
  3. VI) Approve rules of procedure;

VII)       Approve amendments made to these by-laws.

ARTICLE 8°.- The General Assembly shall hold a regular session once a year at a place and time it determines.

Special meetings may be convened by agreement of the Executive Committee or at the request of the majority of its members.

Decisions shall be adopted by a simple majority vote of the members attending the General Assembly, save the exceptions provided for under these By-laws. [A quorum of] at least half the members of CLARCIEV shall be required to hold a session.

If the registration and identification functions in any country fall under the purview of different institutions, each country shall internally decide which of these shall exercise its vote at CLARCIEV.

ARTICLE 9.- The General Assembly shall elect the Chair and permanent Vice-chairs of CLARCIEV. The election shall be from among the representatives of the government agencies and institutions of the respective countries that have been nominated for that purpose, with one vote per country.

The Chair may be re-elected for one additional term; Vice-chairs may be re-elected without term limits.

Election as Chair or Vice-Chair of CLARCIEV shall require the vote of at least two thirds of the members present at the General Assembly.

The Chair shall appoint a Technical Secretary to assist him in his duties.

ARTICLE 10.- The Chair and Vice-Chair shall hold office for two years, in keeping with the conditions provided for under Article 9(3), and their terms shall begin at the Regular General Assembly at which they were elected.

The office of CLARCIEV Chair or Vice-Chair is inherent to the post of head of the government agency or institution for civil or population registration, and/or identification, as the case may be in the country that holds the office, and shall be relinquished by voluntary resignation of the country concerned.

Were the Chair or Vice-chair to leave that post in his country, his successor, who legally replaces him in such post, would fill the office of Chair or Vice-chair. If there is a vacancy, the Vice-Chairs shall become Chair in keeping with the order of precedence established under the rules of procedure until completing the term for which they were elected.

ARTICLE 11.- The Executive Secretariat of CLARCIEV shall be under the charge of an international organization selected by the General Assembly.

The Executive Secretariat shall have the following duties:

  1. I) Support the Chair in organizing and conducting meetings of the General Assembly;
  2. II) Safeguard CLARCIEV’s documentation;

III)        Administer the CLARCIEV website;

  1. IV) Maintain executive contact and communication with government agencies of the member states and other related organizations;
  2. V) Support the work conducted by the CLARCIEV working committees;
  3. VI) Support the development and execution of projects that incentivize cooperation among member states;

VII)       Publish and disseminate the different communiqués and newsletters of CLARCIEV member states, at their request or that of their bodies;

VIII)      Develop projects in the member states that promote the right to identity, their population’s free and timely universal registration, and their identification;

  1. IX) Support the Chair and the host country in organizing and conducting any kind of meeting among CLARCIEV member states;
  2. X) Whenever necessary, translate the documents CLARCIEV prepares into the four official languages of the same.
  3. XI) Support the efforts of all Working Committees;

XII)       Receive denunciations, interpretative declarations, and reservations;

XIII)      Any others expressly entrusted to it by the General Assembly or Chair.

 

EXECUTIVE COMMITTEE

ARTICLE 12.- The Executive Committee of CLARCIEV shall be comprised of the Chair and Permanent Vice-Chairs. The Executive Secretariat shall only have a voice.

The duties of the Executive Committee, in addition to those provided for in the internal rules of procedure approved, shall be:

  1. I) Prepare and propose to the Assembly a two-year strategic plan and an annual management plan;
  2. II) Ensure implementation of the CLARCIEV strategic plan;

III)        Monitor compliance with the agreements and resolutions of the General Assembly;

  1. IV) Determine the date and order of business of the regular and special assemblies, taking care to notify all members of the Council;
  2. V) Present, through the Chair, an annual management results report;
  3. VI) Designate delegates from among the members to other international organizations;

VII)       Accept as guests individuals from other government or international organizations;

VIII)      Design and create the working committees;

  1. IX) Design and approve through the Executive Secretariat the agenda and methodology of the meetings of the member states;

The full members of the Executive Committee may delegate to an official from their institution their representation at any Committee meetings held, in which case it shall formally notify all members in writing through the Executive Secretariat. If the Chair is absent, he shall be replaced by the First Vice-Chair, and thus successively. In the case of the Chair’s absence, the relevant Vice-Chair, in keeping with the order of precedence established, shall hold the office of the Chair at that event.

WORKING COMMITTEES

ARTICLE 13.- CLARCIEV shall have as many standing and temporary committees as the organization requires.

The Committees shall be created by the Executive Committee, which shall also approve their duties and schedules.

The permanent Vice-chairs shall be charged with coordinating the working committees on matters related to institutional management (legislation, policies, organization, etc.), as well as information and technology development.

FINANCING

ARTICLE 14.- Financing for CLARCIEV shall come from:

  1. I) Donations made to it from other natural and legal persons, whether public or private;
  2. II) Income that it may obtain through its activity;

III)        Any other income that may come from international organizations, be that in the form of donations, grants, aid, or of any other kind.

The formal aspects regarding CLARCIEV financing shall be governed by its internal operating rules of procedure.

COMMUNCATIONS

ARTICLE 15.- Communications shall be addressed to the Chair of CLARCIEV and forwarded to the Executive Secretariat for their safekeeping.

BY-LAW AMENDMENTS AND VALIDITY

ARTICLE 16.- The General Assembly may make and approve amendments to these By-laws by a two-thirds majority of the members present at the respective meeting.

Amendments to the By-laws shall enter into force as of their approval by the General Assembly.

ARTICLE 17.- By-laws approved shall be deposited with the Executive Secretariat. All member states shall be apprised thereof in a period not to exceed 30 calendar days.

WITHDRAWAL FROM CLARCIEV

ARTICLE 18.- Any member State may withdraw from CLARCIEV after notifying the Chair in writing of its decision.

MEMBERSHIP IN CLARCIEV

ARTICLE 19.- Any Latin American or Caribbean nation may sign, adhere to, and ratify the CLARCIEV By-laws, notifying the Chair in writing.

OBSERVERS