"The World and Japan" Database (Project Leader: TANAKA Akihiko)
Database of Japanese Politics and International Relations
National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] REGULATION on the Status of Observer to the Shanghai Cooperation Organization

[Place] Tashkent
[Date] June 17, 2004
[Source] Shanghai Cooperation Organization Secretariat
[Notes]
[Full text]

Pursuant to Article 14 of the Charter of the Shanghai Cooperation Organization signed on June 7, 2002 (hereinafter referred to as the Charter), this Regulation on the Status of Observer to the Shanghai Cooperation Organization (hereinafter referred to as the SCO or the Organization) shall define the procedure for granting a status of observer to the SCO to an interested state or intergovernmental international organization (forum) (hereinafter referred to the State or organization, respectively).

1. A state or organization wishing to obtain a status of observer to the SCO (hereinafter referred to as observer status) based on the respect for sovereignty, territorial integrity and equality of the member states and recognition of the fundamental purposes, principles and actions of the Organization, shall forward through the Executive Secretary of the SCO to the Council of Heads of State (hereinafter referred to as the CHS) an application signed by the head of state or head of organization, respectively.

2. The SCO Executive Secretary shall notify the Council of National Coordinators of the states – members of the SCO (hereinafter referred to as the CNC) of the receipt of the application of the state or organization for an observer status. If necessary, the SCO Executive Secretary shall have the right to request additional information. The CNC shall submit the issue with appropriate proposals to the Council of Ministers of Foreign Affairs of the states – member of the SCO (hereinafter referred to as the CMFA).

3. In reviewing the application for observer status the meeting of the CMFA may invite representatives of the state or organization concerned.

4. The decision to grant (cancel) observer status shall be taken by the CHS on the proposal of the CMFA.

5. The CHS's decision to grant observer status shall be sent within a week by the SCO Executive Secretary to the respective state or organization that within a month shall notify the SCO Executive Secretary in writing of the receipt of this decision.

6. The state or organization that received the observer status may be invited to the public meetings of the CHS and/or the Council of Heads of Government (Prime Ministers) of the states – members of the SCO.

7. The state or organization that was granted the observer status shall be entitled to:

1) attend the public meetings of the CMFA and meetings of the heads of ministries and/or agencies of the states - members of the SCO;

2) participate, without the right to vote and with the prior consent of the presiding officer, in the review of matters that are within the competence of the SCO bodies, disseminate through the SCO Executive Secretary written statements in the SCO working languages on matters of their concern that are within the SCO competence SCO;

3) gain access to documents and decisions of the SCO bodies referred to in Article 4 of the Charter, unless their dissemination is restricted by the relevant SCO bodies.

8. The observer status shall give no right to take part in the preparation and signing of the documents of the Organization. Observers also do not participate in the preparation of the SCO bodies' decisions, nor are responsible for such decisions.

9. The state or organization that was granted the observer status shall notify the SCO Secretariat of its intention to attend, address the meetings of the SCO bodies and/or circulate written statements thereat, not later than 10 working days prior to the meeting.

The level of an observer's representation should match the level of the representatives of the states - members of the SCO.

The SCO Secretary-General shall inform meeting's participants in advance about observer attendance at such meetings. Observes in attendance at the meeting, as a rule, shall sit at a separate table with a sign beating the name of the state or organization.

10. If necessary and in consultation with the SCO Secretariat, observers shall themselves provide translation of documents and presentations from and to the SCO working languages.

11. Observers shall bear all costs of their participation in the meetings of the SCO bodies.

12. Shall a state or organization with observer status commit actions or make statements directed against the Organization, decisions of the SCO bodies, or the principles laid down in the Charter, such state or organization may be deprived of the observer status in the manner prescribed in paragraph 4 of this Regulation. The decision taken shall be forwarded, within a week, by the SCO Executive Secretary to the respective state or organization.

13. The state or organization that intends to renounce the observer status, shall send an appropriate notification to the SCO Executive Secretary, which through the CNC shall inform the CMFA and CHS. The observer status shall be considered null and void from the day of the said notification, unless indicated otherwise therein.

14. In case, the forms of (legal) relations of the SCO with states or organizations envisaged by the Charter are amended, their observer status shall automatically become null and void.

15. Diplomatic missions of the states enjoying observer status, as well as missions of international organizations with the same status accredited to the People's Republic of China, may maintain regular contacts with the SCO Secretariat on issues related to observer status.

16. By the decision of the CHS this Regulations may be amended and/or supplemented. Relevant decisions shall be issued as protocols and enter into force on the date of signing thereof.

17. This Regulation shall take effect on the day of its approval by the CHS.