The People's Republic of China, the Republic of Kazakhstan, the Kyrgyz
Republic, the Russian Federation, the Republic of Tajikistan and the Republic of
Uzbekistan being the founding states of the Shanghai Cooperation Organisation
(hereinafter SCO or the Organisation),
Based on historically established ties between their peoples;
Striving for further enhancement of comprehensive cooperation;
Desiring to jointly contribute to the strengthening of peace and ensuring of
security and stability in the region in the environment of developing political
multi-polarity and economic and information globalization;
Being convinced that the establishment of SCO will facilitate more efficient
common use of opening possibilities and counteracting new challenges and
threats;
Considering that interaction within SCO will promote the realisation of a
huge potential of goodneighborliness, unity and cooperation between States and
their peoples;
Proceeding from the spirit of mutual trust, mutual advantage, equality,
mutual consultations, respect for cultural variety and aspiration to joint
development that was clearly established at the meeting of heads of six States
in 2001 in Shanghai;
Noting that the compliance with the principles set out in the Agreement
between the People's Republic of China, the Republic of Kazakhstan, the Kyrgyz
Republic, the Russian Federation and the Republic of Tajikistan on Strengthening
Confidence in the Military Field in the Border Area of 26 April, 1996, and in
the Agreement between the People's Republic of China, the Republic of
Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of
Tajikistan on Mutual Reductions of Armed Forces in the Border Area of 24 April,
1997, as well as in the documents signed at summits of heads of the People's
Republic of China, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian
Federation, the Republic of Tajikistan and the Republic of Uzbekistan in the
period from 1998 to 2001, has made an important contribution to the maintenance
of peace, security and stability in the region and in the world;
Reaffirming our adherence to the goals and principles of the Charter of the
United Nations, other commonly acknowledged principles and rules of
international law related to the maintenance of international peace, security
and the development of goodneighborly and friendly relations, as well as the
cooperation between States;
Guided by the provisions of the Declaration on the Creation of the Shanghai
Cooperation Organisation of 15 June, 2001,
Have agreed as follows:
Article 1
Goals and Tasks
The main goals and tasks of SCO are:
to strengthen mutual trust, friendship and goodneighborliness between the
member States;
to consolidate multidisciplinary cooperation in the maintenance and
strengthening of peace, security and stability in the region and promotion of a
new democratic, fair and rational political and economic international order;
to jointly counteract terrorism, separatism and extremism in all their
manifestations, to fight against illicit narcotics and arms trafficking and
other types of criminal activity of a transnational character, and also illegal
migration;
to encourage the efficient regional cooperation in such spheres as politics,
trade and economy, defense, law enforcement, environment protection, culture,
science and technology, education, energy, transport, credit and finance, and
also other spheres of common interest;
to facilitate comprehensive and balanced economic growth, social and cultural
development in the region through joint action on the basis of equal partnership
for the purpose of a steady increase of living standards and improvement of
living conditions of the peoples of the member States;
to coordinate approaches to integration into the global economy;
to promote human rights and fundamental freedoms in accordance with the
international obligations of the member States and their national legislation;
to maintain and develop relations with other States and international
organisations;
to cooperate in the prevention of international conflicts and in their
peaceful settlement;
to jointly search for solutions to the problems that would arise in the 21st
century.
Article 2
Principles
The member States of SCO shall adhere to the following principles:
mutual respect of sovereignty, independence, territorial integrity of States
and inviolability of State borders, non-aggression, non-interference in internal
affairs, non-use of force or threat of its use in international relations,
seeking no unilateral military superiority in adjacent areas;
equality of all member States, search of common positions on the basis of
mutual understanding and respect for opinions of each of them;
gradual implementation of joint activities in the spheres of mutual interest;
peaceful settlement of disputes between the member States;
SCO being not directed against other States and international organisations;
prevention of any illegitimate acts directed against the SCO interests;
implementation of obligations arising out of the present Charter and other
documents adopted within the framework of SCO, in good faith.
Article 3
Areas of Cooperation
The main areas of cooperation within SCO shall be the following:
maintenance of peace and enhancing security and confidence in the region;
search of common positions on foreign policy issues of mutual interest,
including issues arising within international organisations and international
fora;
development and implementation of measures aimed at jointly counteracting
terrorism, separatism and extremism, illicit narcotics and arms trafficking and
other types of criminal activity of a transnational character, and also illegal
migration;
coordination of efforts in the field of disarmament and arms control;
support for, and promotion of regional economic cooperation in various forms,
fostering favorable environment for trade and investments with a view to
gradually achieving free flow of goods, capitals, services and technologies;
effective use of available transportation and communication infrastructure,
improvement of transit capabilities of member States and development of energy
systems;
sound environmental management, including water resources management in the
region, and implementation of particular joint environmental programs and
projects;
mutual assistance in preventing natural and man-made disasters and
elimination of their implications;
exchange of legal information in the interests of development of cooperation
within SCO;
development of interaction in such spheres as science and technology,
education, health care, culture, sports and tourism.
The SCO member States
may expand the spheres of cooperation by mutual agreement.
Article 4
Bodies
1. For the implementation of goals and objectives of the present Charter the
following bodies shall operate within the Organization:
The Council of Heads of State;
The Council of Heads of Government (Prime Ministers);
The Council of Ministers of Foreign Affairs;
Meetings of Heads of Ministries and/or Agencies;
The Council of National Coordinators;
The Regional Antiterrorist Structure;
Secretariat.
2. The functions and working procedures for the SCO bodies, other than the
Regional Antiterrorist Structure, shall be governed by appropriate provisions
adopted by the Council of Heads of State.
3. The Council of Heads of State may decide to establish other SCO bodies.
New bodies shall be established by the adoption of additional protocols to the
present Charter which enter into force in the procedure, set forth in Article 21
of this Charter.
Article 5
The Council of Heads of State
The Council of Heads of State shall be the supreme SCO body. It shall
determine priorities and define major areas of activities of the Organisation,
decide upon the fundamental issues of its internal arrangement and functioning
and its interaction with other States and international organizations, as well
as consider the most topical international issues.
The Council shall hold
its regular meetings once a year. A meeting of the Council of Heads of State
shall be chaired by the head of State organizing this regular meeting. The venue
of a regular meeting of the Council shall generally be determined in the Russian
alphabetic order of names of the SCO member States.
Article 6
The Council of Heads of Government (Prime
Ministers)
The Council of Heads of Government (Prime Ministers) shall approve the budget
of the Organisation, consider and decide upon major issues related to
particular, especially economic, spheres of interaction within the Organisation.
The Council shall hold its regular meetings once a year. A meeting of the
Council shall be chaired by the head of Government (Prime Minister) of the State
on whose territory the meeting takes place.
The venue of a regular meeting of the Council shall be determined by prior
agreement among heads of Government (Prime Ministers) of the member States.
Article 7
The Council of Ministers of Foreign Affairs
The Council of Ministers of Foreign Affairs shall consider issues related to
day-to-day activities of the Organisation, preparation of meetings of the
Council of Heads of State and holding of consultations on international problems
within the Organisation. The Council may, as appropriate, make statements on
behalf of SCO.
The Council shall generally meet one month prior to a meeting of the Council
of Heads of State. Extraordinary meetings of the Council of Ministers of Foreign
Affairs shall be convened on the initiative of at least two member States and
upon consent of ministers of foreign affairs of all other member States. The
venue of a regular or extraordinary meeting of the Council shall be determined
by mutual agreement.
The Council shall be chaired by the minister of foreign affairs of the member
State on whose territory the regular meeting of the Council of Heads of State
takes place, during the period starting from the date of the last ordinary
meeting of the Council of Heads of State to the date of the next ordinary
meeting of the Council of Heads of State.
The Chairman of the Council of Ministers of Foreign Affairs shall represent
the Organization in its external contacts, in accordance with the Rules of
Procedure of the Council.
Article 8
Meetings of Heads of Ministries and/or Agencies
According to decisions of the Council of Heads of State and the Council of
Heads of Government (Prime Ministers) heads of branch ministries and/or agencies
of the member States shall hold, on a regular basis, meetings for consideration
of particular issues of interaction in respective fields within SCO.
A meeting shall be chaired by the head of a respective ministry and/or agency
of the State organising the meeting. The venue and date of a meeting shall be
agreed upon in advance.
For the preparation and holding meetings the member States may, upon prior
agreement, establish permanent or ad hoc working groups of experts which carry
out their activities in accordance with the regulations adopted by the meetings
of heads of ministries and/or agencies. These groups shall consist of
representatives of ministries and/or agencies of the member States.
Article 9
The Council of National Coordinators
The Council of National Coordinators shall be a SCO body that coordinates and
directs day-to-day activities of the Organisation. It shall make the necessary
preparation for the meetings of the Council of Heads of State, the Council of
Heads of Government (Prime Ministers) and the Council of Ministers of Foreign
Affairs. National coordinators shall be appointed by each member State in
accordance with its internal rules and procedures.
The Council shall hold its meetings at least three times a year. A meeting of
the Council shall be chaired by the national coordinator of the member State on
whose territory the regular meeting of the Council of Heads of State takes
place, from the date of the last ordinary meeting of the Council of Heads of
State to the date of the next ordinary meeting of the Council of Heads of State.
The Chairman of the Council of National Coordinators may on the instruction
of the Chairman of the Council of Ministers of Foreign Affairs represent the
Organization in its external contacts, in accordance with the Rules of Procedure
of the Council of National Coordinators.
Article 10
Regional Antiterrorist Structure
The Regional Antiterrorist Structure established by the member States of the
Shanghai Convention to combat terrorism, separatism and extremism of 15 June,
2001, located in Bishkek, the Kyrgyz Republic, shall be a standing SCO body.
Its main objectives and functions, principles of its constitution and
financing, as well as its rules of procedure shall be governed by a separate
international treaty concluded by the member States, and other necessary
instruments adopted by them.
Article 11
Secretariat
Secretariat shall be a standing SCO administrative body. It shall provide
organisational and technical support to the activities carried out in the
framework of SCO and prepare proposals on the annual budget of the Organisation.
The Secretariat shall be headed by the Secretary-General to be appointed by
the Council of Heads of State on nomination by the Council of Ministers of
Foreign Affairs.
The Secretary-General shall be appointed from among the nationals of member
States on a rotational basis in the Russian alphabetic order of the member
States` names for a period of three years without a right to be reappointed for
another period.
The Secretary-General deputies shall be appointed by the Council of Ministers
of Foreign Affairs on nomination by the Council of National Coordinators. They
cannot be representatives of the State from which the Executive Secretary has
been appointed.
The Secretariat officials shall be recruited from among nationals of the
member States on a quota basis.
The Secretary-General, his deputies and other Secretariat officials in
fulfilling their official duties should not request or receive instructions from
any member State and/or government, organisation or physical persons. They
should refrain from any actions that might affect their status as international
officials reporting to SCO only.
The member States shall undertake to respect the international character of
the duties of the Secretary-General, his deputies and Secretariat staff and not
to exert any influence upon them as they perform their official functions.
The SCO Secretariat shall be located at Beijing (the People's Republic of
China).
Article 12
Financing
SCO shall have its own budget drawn up and executed in accordance with a
special agreement between member States. This agreement shall also determine the
amount of contributions paid annually by member States to the budget of the
Organisation on the basis of a cost-sharing principle.
Budgetary resources shall be used to finance standing SCO bodies in
accordance with the above agreement. The member States shall cover themselves
the expenses related to the participation of their representatives and experts
in the activities of the Organisation.
Article 13
Membership
The SCO membership shall be open for other States in the region that
undertake to respect the objectives and principles of this Charter and to comply
with the provisions of other international treaties and instruments adopted in
the framework of SCO.
The admission of new members to SCO shall be decided upon by the Council of
Heads of State on the basis of a representation made by the Council of Ministers
of Foreign Affairs in response to an official request from the State concerned
addressed to the acting Chairman of the Council of Ministers of Foreign Affairs.
SCO membership of a member State violating the provisions of this Charter
and/or systematically failing to meet its obligations under international
treaties and instruments, concluded in the framework of SCO, may be suspended by
a decision of the Council of Heads of State adopted on the basis of a
representation made by the Council of Ministers of Foreign Affairs. If this
State goes on violating its obligations, the Council of Heads of State may take
a decision to expel it from SCO as of the date fixed by the Council itself.
Any member State shall be entitled to withdraw from SCO by transmitting to
the Depositary an official notification of its withdrawal from this Charter no
later than twelve months before the date of withdrawal. The obligations arising
from participation in this Charter and other instruments adopted within the
framework of SCO shall be binding for the corresponding States until they are
completely fulfilled.
Article 14
Relationship with Other States and International
Organisations
SCO may interact and maintain dialogue, in particular in certain areas of
cooperation, with other States and international organisations.
SCO may grant to the State or international organisation concerned the status
of a dialogue partner or observer. The rules and procedures for granting such a
status shall be established by a special agreement of member States.
This Charter shall not affect the rights and obligations of the member States
under other international treaties in which they participate.
Article 15
Legal Capacity
As a subject of international law, SCO shall have international legal
capacity. It shall have such a legal capacity in the territory of each member
State, which is required to achieve its goals and objectives.
SCO shall enjoy the rights of a legal person and may in particular:
- conclude treaties;
- acquire movable and immovable property and dispose
of it;
- appear in court as litigant;
- open accounts and have monetary
transactions made.
Article 16
Decisions-Taking Procedure
The SCO bodies shall take decisions by agreement without vote and their
decisions shall be considered adopted if no member State has raised objections
during the vote (consensus), except for the decisions on suspension of
membership or expulsion from the Organisation that shall be taken by "consensus
minus one vote of the member State concerned".
Any member State may expose its opinion on particular aspects and/or concrete
issues of the decisions taken which shall not be an obstacle to taking the
decision as a whole. This opinion shall be placed on record.
Should one or several member States be not interested in implementing
particular cooperation projects of interest to other member States,
non-participation of the above said member States in these projects shall not
prevent the implementation of such cooperation projects by the member States
concerned and, at the same time, shall not prevent the said member States from
joining such projects at a later stage.
Article 17
Implementation of Decisions
The decisions taken by the SCO bodies shall be implemented by the member
States in accordance with the procedures set out in their national legislation.
Control of the compliance with obligations of the member States to implement
this Charter, other agreements and decisions adopted within SCO shall be
exercised by the SCO bodies within their competence.
Article 18
Permanent Representatives
In accordance with their domestic rules and procedures, the member States
shall appoint their permanent representatives to the SCO Secretariat, which will
be members of the diplomatic staff of the embassies of the member States in
Beijing.
Article 19
Privileges and Immunities
SCO and its officials shall enjoy in the territories of all member States the
privileges and immunities which are necessary for fulfilling functions and
achieving goals of the Organisation.
The volume of privileges and immunities of SCO and its officials shall be
determined by a separate international treaty.
Article 20
Languages
The official and working languages of SCO shall be Russian and Chinese.
Article 21
Duration and Entry into Force
This Charter shall be of indefinite duration.
This Charter shall be subject to ratification by signatory States and shall
enter into force on the thirtieth day following the date of the deposit of the
fourth instrument of ratification.
For a State which signed this Charter and ratified it thereafter it shall
enter into force on the date of the deposit of its instrument of ratification
with the Depositary.
Upon its entering into force this Charter shall be open for accession by any
State.
For each acceding State this Charter shall enter into force on the thirtieth
day following the date of receiving by the Depositary of appropriate instruments
of accession.
Article 22
Settlement of Disputes
In case of disputes or controversies arising out of interpretation or
application of this Charter member States shall settle them through
consultations and negotiations.
Article 23
Amendments and Additions
By mutual agreement of member States this Charter can be amended and
supplemented. Decisions by the Council of Heads of State concerning amendments
and additions shall be formalised by separate protocols which shall be its
integral part and enter into force in accordance with the procedure provided for
by Article 21 of this Charter.
Article 24
Reservations
No reservations can be made to this Charter which contradict the principles,
goals and objectives of the Organisation and could prevent any SCO body from
performing its functions. If at least two thirds of member States have
objections the reservations must be considered as contradicting the principles,
goals and objectives of the Organisation or preventing any body from performing
its functions and being null and void.
Article 25
Depositary
The People's Republic of China shall be the Depositary of this Charter.
Article 26
Registration
Pursuant to Article 102 of the Charter of the United Nations, this Charter is
subject to registration with the Secretariat of the United Nations.
Done at Saint-Petersburg the seventh day of June 2002 in a single original in
the Chinese and Russian languages, both texts being equally authoritative.
The original copy of this Charter shall be deposited with the Depositary who
will circulate its certified copies to all signatory States.