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Constitution of the International Centre for South-South Cooperation in Science, Technology and Innovation in Kuala Lumpur, Malaysia, under the auspices of UNESCO
An agreement hereinafter called “the Agreement” was signed between the Government of Malaysia hereinafter called “the Government” and the United Nations Educational, Scientific and Cultural Organisation, hereinafter called “UNESCO” in UNESCO Head Office in Paris on 21 January 2008, e stablishing an International Centre for South-South Cooperation in Science, Technology and Innovation under the auspices of UNESCO in Kuala Lumpur, Malaysia, hereinafter called “the Centre”.
This Constitution is subject to the terms and conditions of the Agreement.
1.0 Legal Status
1.1 The Government will grant to the Centre, under Malaysian legislation, the autonomous legal capacity necessary to exercise its functions and to receive subventions, obtain payments for services rendered and carry out the acquisition of all means required.
2.1 The Objectives of the Centre shall be:
(a) To provide scientists, technologists and innovators hereinafter called “STI” and STI policy-makers from countries in the South with training, both short and long-term, in specified areas with the aim of improving their capacity in managing STI systems. This would include fellowships, training courses and workshops incorporating both specialized and project-oriented training;
(b) To establish links between academia and industry in order to facilitate information transfer between the public and private sectors, and the development of well-planned and relevant knowledge-based industries in participating countries;
(c) To address both common and specific problems faced by developing countries to set up knowledge-based enterprises in advanced technologies, such as information technology, biotechnology, nanotechnology etc.
(d) To develop networking and collaborative R&D and training programmes at regional and international levels including linking of designated nodal centres in participating countries; and
(e) To facilitate information exchange and dissemination.
3.1 Governing Board
3.1.1 The Centre shall be guided and supervised by a Governing Board.
3.1.2 The Governing Board shall comprise of:
(a) A Chairperson nominated by the Minister of Science, Technology and Innovation, Malaysia on behalf of the Government of Malaysia.
(b) Members representing UNESCO Member States which have notified the Director-General of UNESCO in writing that they wish to participate in the Centre's activities; and a representative of the Director-General of UNESCO.
The tenure of members of the Governing Board is subject to renewal every two years.
The Director of the Centre shall act as Secretary of the Governing Board.
3.1.3. The Governing Board shall:
(a) Approve the long-term and medium-term programmes of the Centre;
(b) Approve the annual work plan and budget of the Centre, including the staffing structure;
(c) Examine the annual reports submitted by the Director of Centre;
(d) Issue the rules and regulations and determine the financial, administrative and personnel management procedures of the Centre;
(e) Decide on the participation of regional intergovernmental organizations, international organizations, and international and regional private sector and non-governmental organizations in the work of the Centre.
3.1.4 The Governing Board shall meet at regular intervals, at least once every calendar year in regular face-to-face meeting or through video/audio conference. It shall meet in extraordinary face-to-face meeting or through video/audio conference if summoned by the Chairperson, either on his/her own initiative or at the request of the Director-General of UNESCO or of half of its members. At least 25% of the members present or by written proxy at a regular or an extraordinary meeting shall constitute a quorum. Resolutions shall be adopted by at least half of members present or by proxy voting in favour.
3.1.5 The Governing Board shall adopt its own rules of procedure.
3.2 Executive Committee
3.2.1 The Executive Committee shall be constituted by the Governing Board for the effective day-to-day management of the Centre. The members of the Executive Committee shall be appointed by the Government in consultation with UNESCO.
3.2.2 The Executive Committee shall comprise of:
(a) The Chairperson of the Governing Board as Chairperson;
(b) The Under Secretary of International Division, Ministry of Science, Technology and Innovation, Malaysia (MOSTI) representing MOSTI Secretary General;
(c) The Vice President of the Academy of Sciences Malaysia;
(d) A Representative of UNESCO;
(e) The Director of the Centre as Secretary and non-voting member.
3.2.3 The Executive Committee shall be responsible for the appointment and termination of the staff of the Centre.
3.2.4 The Executive Committee shall be responsible for the appointment of working subcommittees and task forces that are established from time to time.
3.2.5 The Executive Committee shall meet at regular intervals, at least four times every calendar year in face-to-face meetings or through video/audio conference.
4.0 Scientific, Technological and Innovation Advisory Council
4.1 The Governing Board shall establish t he STI Advisory Council which will provide the Governing Board with technical advice for planning, execution, review and monitoring of the programmes of the Centre.
4.2 The STI Advisory Council shall be composed of at least 10 members appointed by the Governing Board from among scientific, technical and legal experts as well as representatives of the business community. It may include representatives from the Government and UNESCO.
4.3 Members of the STI Advisory Council may be invited to the meetings of the Governing Board and Executive Board as and when considered necessary.
4.4 The tenure of the members of the STI Advisory Council shall be subject to renewal every two years.
5.1 The Secretariat of the Centre shall consist of a Director and such staff as is necessary for the proper functioning of the Centre.
5.2 The Director shall be appointed by the Chairperson of the Governing Board in consultation with the Director-General of UNESCO.
5.3 Subject to the approval of the Executive Committee, the other members of the Secretariat may comprise:
(a) Members of UNESCO's staff who may be temporarily detached and made available to the Centre, as provided for by UNESCO's regulations and by the decisions of its governing bodies;
(b) Any person appointed by the Director, in accordance with the procedures laid down by the Governing Board;
(c) Officials of the Government who would be made available to the Centre, as provided for under the Agreement.
(d) Any persons seconded by the Member States of UNESCO, international or regional private sector and non-governmental organizations.
6.0 Duties of the Director
6.1 The Director of the Centre shall discharge the following duties:
(a) Direct the work and the staff of the Centre in conformity with the programmes and directives established by the Executive Committee and the Governing Board;
(b) Propose the draft work plan and budget to be submitted through the Executive Committee to the Governing Board for approval;
(d) Opening of bank accounts necessary for the day to day operations of the Centre.
(e) Prepare the provisional agenda for the meetings of the Executive Committee and Governing Board and submit any proposals deemed useful for the administration of the Centre;
(f) Prepare reports on the Centre's activities to be submitted through the
Executive Committee to the Governing Board;
(g) Submit the annual financial account for auditing by an auditing company in Malaysia.
(h) Represent the Centre in law and in all civil acts.
7 .0 Amendments to the Constitution
7.1 The Constitution of the Centre shall be amended in accordance to amendments to the Agreement.
7.2 Amendments to the Constitution not inconsistent with the Agreement can be made by the Governing Board at a regular meeting and with the consent of two-thirds (2/3) of the members present or by proxy.
8.1 In the event of any question or matter pertaining to day-to-day administration of the Centre which is not expressly provided for in this Constitution, the Executive Committee shall have power to use their own discretion.
9 .0 Disputes
9.1 In the event of any dispute that cannot be amicably resolved, settlement procedure shall be in accordance with the provision of the Agreement.
10.1 The Centre shall be dissolved upon the denunciation of the Agreement.