The States that have voluntarily united in the Commonwealth of Independent States (hereinafter referred to as the Commonwealth),
based on the historical community of their peoples and the ties that have developed between them,
acting in accordance with the generally recognized principles and norms of international law, the provisions of the Charter of the United Nations, the Helsinki Final Act and other documents of the Conference on Security and Cooperation in Europe,
striving to ensure by common efforts the economic and social progress of their peoples,
full of determination to implement the provisions of the Agreement on the Establishment of the Commonwealth of Independent States, the protocol to this Agreement, as well as the provisions of the Alma-Ata Declaration,
developing cooperation among themselves in ensuring international peace and security, as well as for the purpose of maintaining civil peace and interethnic harmony,
desiring to create conditions for the preservation and development of the cultures of all the peoples of the Member States,
striving to improve the mechanisms of cooperation in the Commonwealth and increase their effectiveness,
have decided to adopt the Charter commonwealth and have agreed as follows:
Section I. OBJECTIVES AND PRINCIPLES
Article 1
The Commonwealth is based on the principles of sovereign equality of all its members. Member States are independent and equal subjects of international law.
The Commonwealth serves the further development and strengthening of relations of friendship, good-neighborliness, interethnic harmony, trust, mutual understanding and mutually beneficial cooperation between Member States.
The Commonwealth is not a state and does not have supranational powers.
Article 2
The objectives of the Commonwealth are:
implementation of cooperation in the political, economic, environmental, humanitarian, cultural and other fields;
comprehensive and balanced economic and social development of Member States within the framework of a common economic space, interstate cooperation and integration;
ensuring human rights and fundamental freedoms in accordance with the generally recognized principles and norms of international law and CSCE documents;
cooperation between member states in ensuring international peace and security, implementation of effective measures to reduce armaments and military spending, eliminate nuclear and other weapons of mass destruction, and achieve general and complete disarmament;
assistance to citizens of member states in free communication, contacts, and movement within the Commonwealth;
mutual legal assistance and cooperation in other areas of legal relations;
peaceful resolution of disputes and conflicts between the Commonwealth states.
Article 3
In order to achieve the goals of the Commonwealth, member states, based on the generally recognized norms of international law and the Helsinki Final Act, build their relations in accordance with the following interrelated and equivalent principles:
respect for the sovereignty of member states, the inalienable right of peoples to self-determination and the right to control their own destiny without outside interference;
inviolability of state borders, recognition of existing borders, and renunciation of unlawful territorial acquisitions;
territorial integrity of states and renunciation of any actions aimed at dismembering another's territory;
non-use of force or threat of force against the political independence of a member state;
settlement of disputes by peaceful means in such a way as not to threaten international peace, security and justice;
supremacy of international law in interstate relations;
non-interference in each other's internal and external affairs;
ensuring human rights and fundamental freedoms for all, without distinction as to race, ethnicity, language, religion, political or other beliefs;
fulfillment in good faith of the obligations assumed under the documents of the Commonwealth, including this Charter;
taking into account the interests of each other and the Commonwealth as a whole, providing assistance on the basis of mutual consent in all areas of their relations;
combining efforts and providing support to each other in order to create peaceful living conditions for the peoples of the member states of the Commonwealth, ensuring their political, economic and social progress;
development of mutually beneficial economic and scientific-technical cooperation, expansion of integration processes;
spiritual unity of their peoples, which is based on respect for their identity, close cooperation in preserving cultural values and cultural exchange.
Article 4
The areas of joint activity of the Member States, implemented on an equal basis through common coordinating institutions in accordance with the obligations assumed by the Member States within the Commonwealth, include:
ensuring human rights and fundamental freedoms;
coordination of foreign policy activities;
cooperation in the formation and development of a common economic space, pan-European and Eurasian markets, customs policy;
cooperation in the development of transport and communications systems;
protection of health and the environment;
issues of social and migration policy;
combating organized crime;
cooperation in the field of defense policy and protection of external borders.
This list may be supplemented by mutual consent of the Member States.
Article 5
The main legal basis for interstate relations within the Commonwealth are multilateral and bilateral agreements in various areas of relations between member states.
Agreements concluded within the Commonwealth must comply with the goals and principles of the Commonwealth and the obligations of member states under this Charter.
Article 6
Member states promote cooperation and development of relations between government agencies, public associations, and economic structures.
Section II. MEMBERSHIP
Article 7
The Founding States of the Commonwealth are the states that signed and ratified the Agreement on the Establishment of the Commonwealth of Independent States of December 8, 1991 and the Protocol to this Agreement of December 21, 1991 by the time of adoption of this Charter.
The Member States of the Commonwealth are those Founding States that assume obligations under this Charter within one year after its adoption by the Council of Heads of State.
A state that shares the goals and principles of the Commonwealth and assumes obligations contained in this Charter by joining it with the consent of all Member States may also become a member of the Commonwealth.
Article 8
Based on a decision of the Council of Heads of State, a state wishing to participate in certain types of its activities may join the Commonwealth as an associate member, under the conditions determined by the agreement on associate membership.
Based on a decision of the Council of Heads of State, representatives of other states may attend meetings of the Commonwealth bodies as observers.
Participation of associate members and observers in the work of the Commonwealth bodies shall be regulated by the rules of procedure of such bodies.
Article 9
A member state shall have the right to withdraw from the Commonwealth. The member state shall notify the depositary of this Charter of such intention in writing 12 months prior to withdrawal.
Obligations arising during the period of participation in this Charter shall bind the relevant states until they are fully fulfilled.
Article 10
Violations of this Charter by a member state, systematic failure by a state to fulfill its obligations under agreements concluded within the Commonwealth, or decisions of Commonwealth bodies shall be considered by the Council of Heads of State.
Measures permitted by international law may be applied to such a state.
Section III. COLLECTIVE SECURITY AND MILITARY-POLITICAL COOPERATION
Article 11
Member states shall pursue a coordinated policy in the field of international security, disarmament and arms control, development of the Armed Forces, and shall maintain security in the Commonwealth, including with the help of Military Observer Groups and Collective Peacekeeping Forces.
Article 12
In the event of a threat to the sovereignty, security and territorial integrity of one or more Member States or to international peace and security, Member States shall immediately put into effect a mechanism of mutual consultations in order to coordinate positions and take measures to eliminate the threat that has arisen, including peacekeeping operations and, if necessary, the use of the Armed Forces in the exercise of the right to individual or collective self-defense in accordance with Article 51 of the UN Charter.
The decision on the joint use of armed forces shall be taken by the Council of Heads of State of the Commonwealth or by interested Member States of the Commonwealth, taking into account their national legislation.
Article 13
Each Member State shall take appropriate measures to ensure a stable situation on the external borders of the Member States of the Commonwealth. Based on mutual consent, Member States shall coordinate the activities of border troops and other competent services that exercise control and are responsible for compliance with the established procedure for crossing the external borders of Member States.
Article 14
The supreme body of the Commonwealth on matters of defence and protection of the external borders of the member states is the Council of Heads of State. The coordination of the military-economic activities of the Commonwealth is carried out by the Council of Heads of Government.
Interaction of the member states in the implementation of international agreements and the resolution of other issues in the field of security and disarmament is organised through joint consultations.
Article 15
Specific issues of military-political cooperation of the member states are regulated by special agreements.
Section IV. PREVENTION OF CONFLICTS AND RESOLUTION OF DISPUTES
Article 16
The member states shall take all possible measures to prevent conflicts, primarily on an interethnic and interfaith basis, which may entail the violation of human rights.
They shall provide each other, on the basis of mutual consent, assistance in the settlement of such conflicts, including within the framework of international organisations.
Article 17
The Commonwealth member states shall refrain from actions that may cause harm to other member states and lead to the aggravation of possible disputes.
The member states shall make efforts in good faith and in a spirit of cooperation to achieve a fair and peaceful settlement of their disputes through negotiations or agreement on an appropriate alternative dispute settlement procedure.
If the member states fail to resolve the dispute by the means specified in Part Two of this Article, they may refer it to the Council of Heads of State.
Article 18
The Council of Heads of State shall have the authority, at any stage of a dispute, the continuation of which could threaten the maintenance of peace or security in the Commonwealth, to recommend to the parties an appropriate procedure or methods for its settlement.
Section V. COOPERATION IN THE ECONOMIC,
SOCIAL AND LEGAL SPHERES
Article 19
The Member States shall cooperate in the economic and social spheres in the following areas:
formation of a common economic space based on market relations and the free movement of goods, services, capital and labor;
coordination of social policy, development of joint social programs and measures to reduce social tensions in connection with the implementation of economic reforms;
development of transport and communication systems, as well as energy systems;
coordination of credit and financial policies;
facilitation of the development of trade and economic relations between the Member States;
encouragement and mutual protection of investments;
facilitation of standardization and certification of industrial products and goods;
legal protection of intellectual property;
facilitation of the development of a common information space;
implementation of joint environmental protection measures, provision of mutual assistance in eliminating the consequences of environmental disasters and other emergency situations;
implementation of joint projects and programs in the fields of science and technology, education, healthcare, culture and sports.
Article 20
Member States shall cooperate in the field of law, in particular by concluding multilateral and bilateral treaties on the provision of legal assistance and shall promote the approximation of national legislation.
In the event of contradictions between the norms of national legislation of Member States governing relations in areas of joint activity, Member States shall hold consultations and negotiations with the aim of developing proposals to eliminate these contradictions.
Section VI. COMMONWEALTH BODIES
Council of Heads of State and Council of Heads of Government
Article 21
The supreme body of the Commonwealth is the Council of Heads of State.
The Council of Heads of State, in which all Member States are represented at the highest level, discusses and resolves fundamental issues related to the activities of Member States in the sphere of their common interests.
The Council of Heads of State shall meet twice a year. Extraordinary meetings of the Council may be convened at the initiative of one of the Member States.
Article 22
The Council of Heads of Government coordinates cooperation between the executive bodies of the Member States in the economic, social and other areas of common interest.
The Council of Heads of Government meets four times a year. Extraordinary meetings of the Council may be convened at the initiative of the government of one of the Member States.
Article 23
Decisions of the Council of Heads of State and the Council of Heads of Government are taken by common consent - consensus. Any state may declare its disinterest in a particular issue, which should not be considered an obstacle to making a decision.
The Council of Heads of State and the Council of Heads of Government may hold joint meetings.
The procedure for the work of the Council of Heads of State and the Council of Heads of Government is regulated by the Rules of Procedure.
Article 24
The heads of state and heads of government preside over meetings of the Council of Heads of State and the Council of Heads of Government alternately in the Russian alphabetical order of the names of the member states of the Commonwealth.
Meetings of the Council of Heads of State and the Council of Heads of Government shall, as a rule, be held in the city of Minsk.
Article 25
The Council of Heads of State and the Council of Heads of Government shall establish working and auxiliary bodies on both a permanent and temporary basis.
These bodies shall be formed from representatives of the member states vested with the appropriate powers.
Experts and consultants may be invited to participate in their meetings.
Article 26
Meetings of the heads of the relevant state bodies shall be convened to resolve issues of cooperation in individual areas and to develop recommendations for the Council of Heads of State and the Council of Heads of Government.
The Council of Foreign Ministers
Article 27
The Council of Foreign Ministers, on the basis of decisions of the Council of Heads of State and the Council of Heads of Government, shall coordinate the foreign policy activities of the member states, including their activities in international organizations, and shall organize consultations on issues of world politics of mutual interest.
The Council of Foreign Ministers shall carry out its activities in accordance with the Regulation approved by the Council of Heads of State.
Coordinating and Consultative Committee
Article 28
The Coordinating and Consultative Committee is a permanent executive and coordinating body of the Commonwealth.
In pursuance of decisions of the Council of Heads of State and the Council of Heads of Government, the Committee:
develops and makes proposals on issues of cooperation within the Commonwealth, development of socio-economic ties;
facilitates the implementation of agreements on specific areas of economic relations;
organizes meetings of representatives and experts to prepare draft documents submitted to meetings of the Council of Heads of State and the Council of Heads of Government;
ensures the holding of meetings of the Council of Heads of State and the Council of Heads of Government;
facilitates the work of other bodies of the Commonwealth.
Article 29
The Coordinating and Consultative Committee shall consist of permanent plenipotentiary representatives, two from each member state of the Commonwealth, and the Coordinator of the Committee, appointed by the Council of Heads of State.
For the organizational and technical support of the work of the Council of Heads of State, the Council of Heads of Government and other bodies of the Commonwealth, the Coordinating and Consultative Committee shall have a Secretariat headed by the Coordinator of the Committee - Deputy Chairman of the Coordinating and Consultative Committee.
The Committee shall act in accordance with the Regulation approved by the Council of Heads of State.
The seat of the Committee shall be the city of Minsk.
The Council of Ministers of Defense
The Supreme Command of the Joint Armed Forces
Article 30
The Council of Ministers of Defense is the body of the Council of Heads of State on issues of military policy and military development of the member states.
The General Command of the Joint Armed Forces exercises leadership over the Joint Armed Forces, as well as military observer groups and collective peacekeeping forces in the Commonwealth.
The Council of Ministers of Defense and the General Command of the Joint Armed Forces carry out their activities on the basis of relevant regulations approved by the Council of Heads of State.
Council of Commanders of the Border Troops
Article 31
The Council of Commanders of the Border Troops is a body of the Council of Heads of State on issues of protecting the external borders of the member states and ensuring a stable situation on them.
The Council of Commanders of the Border Troops carries out its activities on the basis of the relevant Regulation approved by the Council of Heads of State.
Economic Court
Article 32
The Economic Court acts to ensure the fulfillment of economic obligations within the Commonwealth.
The jurisdiction of the Economic Court includes the resolution of disputes arising in the fulfillment of economic obligations. The Court may also resolve other disputes referred to its jurisdiction by agreements of the member states.
The Economic Court has the right to interpret the provisions of agreements and other acts of the Commonwealth on economic issues.
The Economic Court carries out its activities in accordance with the Agreement on the Status of the Economic Court and its Regulations approved by the Council of Heads of State.
The seat of the Economic Court is the city of Minsk.
Human Rights Commission
Article 33
The Human Rights Commission is an advisory body of the Commonwealth and monitors the implementation of human rights obligations assumed by member states within the Commonwealth.
The Commission consists of representatives of the Commonwealth member states and acts on the basis of the Regulations approved by the Council of Heads of State.
The seat of the Human Rights Commission is the city of Minsk.
Sectoral cooperation bodies
Article 34
On the basis of agreements of the Member States on cooperation in the economic, social and other fields, sectoral cooperation bodies may be established, which develop agreed principles and rules for such cooperation and facilitate their practical implementation.
Sectoral cooperation bodies (councils, committees) shall perform the functions stipulated in this Charter and in the provisions on them, ensuring the consideration and resolution of cooperation issues in the relevant fields on a multilateral basis.
The sectoral cooperation bodies shall include the heads of the relevant executive bodies of the Member States.
Sectoral cooperation bodies shall, within the limits of their competence, adopt recommendations and, where necessary, submit proposals for consideration by the Council of Heads of Government.
Working language of the Commonwealth
Article 35
The working language of the Commonwealth shall be Russian.
Section VII. INTERPARLIAMENTARY COOPERATION
Article 36
The Interparliamentary Assembly conducts interparliamentary consultations, discusses issues of cooperation within the Commonwealth, and develops joint proposals in the area of activity of national parliaments.
Article 37
The Interparliamentary Assembly consists of parliamentary delegations.
The activities of the Interparliamentary Assembly are organized by the Assembly Council, consisting of the heads of parliamentary delegations.
Procedural issues of the activities of the Interparliamentary Assembly are regulated by its Rules of Procedure.
The seat of the Interparliamentary Assembly is the city of St. Petersburg.
Section VIII. FINANCING
Article 38
Expenses for financing the activities of the Commonwealth bodies shall be distributed on the basis of share participation of the member states and shall be established in accordance with special agreements on the budgets of the Commonwealth bodies.
The budgets of the Commonwealth bodies shall be approved by the Council of Heads of State upon the submission of the Council of Heads of Government.
Article 39
The issues of financial and economic activities of the Commonwealth bodies shall be considered in the manner determined by the Council of Heads of Government.
Article 40
The member states shall independently bear the expenses associated with the participation of their representatives, as well as experts and consultants, in the work of the meetings and bodies of the Commonwealth.
Section IX. FINAL PROVISIONS
Article 41
This Charter shall be subject to ratification by the founding states in accordance with their constitutional procedures.
The instruments of ratification shall be deposited with the Government of the Republic of Belarus, which shall notify the other founding states of the deposit of each instrument.
This Charter shall enter into force for all founding states upon the deposit of instruments of ratification by all founding states or, for the founding states that have deposited their instruments of ratification, one year after the adoption of this Charter.
Article 42
Amendments to this Charter may be proposed by any member state. Proposed amendments shall be considered in accordance with the rules of procedure of the Council of Heads of State.
Amendments to this Charter shall be adopted by the Council of Heads of State. They shall enter into force after ratification by all member states in accordance with their constitutional procedures, from the date of receipt by the Government of the Republic of Belarus of the last instrument of ratification.
Article 43
The Founding States of the Commonwealth may, when ratifying this Charter, make reservations and declarations under Sections III, IV and VII and Articles 28, 30, 31, 32 and 33.
Article 44
This Charter shall be registered in accordance with Article 102 of the Charter of the United Nations.
Article 45
This Charter is drawn up in one copy in the official languages of the Founding States of the Commonwealth. The original copy shall be kept in the Archives of the Government of the Republic of Belarus, which shall send certified copies to all Founding States.
This Charter was adopted on January 22, 1993, at a meeting of the Council of Heads of State in Minsk.
I. The Republic of Azerbaijan has assumed obligations under this Decision and the CIS Charter by submitting a notification of its accession to the Council of Heads of State of the CIS at a meeting on September 24, 1993.
II. Notification of the accession of the Republic of Georgia to the Decision was received by the depositary on December 9, 1993.
III. The Republic of Moldova acceded to the Decision on April 15, 1994 with a reservation to the CIS Charter*.
RESERVATION
Republic of Moldova
In accordance with Article 43 of the Charter of the Commonwealth of Independent States, the Republic of Moldova, as a member of the Commonwealth, refrains from participating in matters of collective security and military-political cooperation (paragraph 9 of Article 4 and Articles 11, 12, 13, 14, 15, 30 and 31 of the CIS Charter)".
IV. When ratifying the Charter by the Republic of Belarus on January 18, 1994, the following reservations were formulated:
RESERVATIONS
Republic of Belarus:
1. Under Articles 11-15 of Section III "Collective Security and Military-Political Cooperation", the Republic of Belarus declares that the deployment and use of the Armed Forces of the Republic of Belarus on the territory of other states - members of the Commonwealth, as well as the deployment and use of the armed forces of other states - members of the Commonwealth on the territory of the republic, without the permission of the Supreme Council of the Republic of Belarus shall not be allowed.
2. In Article 16 of Section IV "Conflict Prevention and Dispute Resolution", the Republic of Belarus understands the expression "all possible measures" as all possible measures of a non-military nature. It proceeds from the fact that the disputes referred to in Articles 17 and 18 of the Charter of the Commonwealth of Independent States will be resolved in accordance with the generally accepted principles and norms of international law.
3. The Republic of Belarus believes that the provisions of Articles 28 and 29 on the Coordinating and Consultative Committee and the Secretariat, Article 30 on the General Command of the United Armed Forces do not fully correspond to the realities of today and require clarification. These clarifications must be implemented by introducing the necessary amendments to the Charter of the Commonwealth of Independent States in accordance with its Article 42.