Legal status

The Organization of Islamic Cooperation (OIC), in accordance with Article 22 of its Charter, has the authority to establish Specialized Institutions and confer affiliated status, subject to approval by the Council of Foreign Ministers (CFM).

Following the resolution No. 3/39-E during the 39th CFM session in Djibouti on November 15-17, 2012, the decision to establish an OIC Food Security Institution in Kazakhstan was formalized.

Subsequently, at the 40th CFM session in Conakry on December 9-11, 2013, the Statute of the Islamic Organization for Food Security (IOFS) was adopted, solidifying its legal framework.

The IOFS was officially instituted as an entity during the 7th session of the Ministerial Conference of the OIC on Food Security and Agricultural Development, along with the constituent session of the IOFS General Assembly on April 28, 2016, in Astana, Kazakhstan.

MEMBERSHIP

  1. Membership in the Islamic Organization for Food Security (IOFS) is open to all OIC member states upon signing the Statute and completing the necessary legal formalities in accordance with national legislation. Formal notification to the Organization's Secretariat is required for membership. Non-member or observer states within the OIC are ineligible for IOFS membership.
  2. OIC member states or observers, that are not IOFS members, may seek observer status within the Organization. Additionally, regional and international organizations can attain observer status by submitting a request to the General Assembly and obtaining its approval.

 

LEGAL CAPACITY OF IOFS

The IOFS is a specialized institution of the Organization of Islamic Cooperation, as defined by Article 24 of the OIC Charter and enjoys the status of a fully-fledged legal entity as an international organization, using its full legal capacity to exercise its functions and fulfill its objectives as defined in the Statute.

ORGANS OF IOFS

The governance structure of the Islamic Organization for Food Security (IOFS) consists of three levels:

  1. General Assembly: Comprising Ministers or their representatives nominated by member states, the General Assembly convenes annually to address matters within the organization's mandate.
  2. Executive Board: Composed of eight members elected by the General Assembly with equitable geographical distribution, including a permanent member from the hosting state and the Director General of the IOFS as a non-voting member. Board members serve a three-year term, renewable once.
  3. Secretariat: Based in the permanent Headquarters in Astana, Kazakhstan, the Secretariat consists of the Director General and official staff.

IN THE JURISDICTION OF KAZAKHSTAN:

  1. Constitutional Recognition: According to clause 3, Article 4 of the Republic of Kazakhstan's Constitution, international treaties ratified by the country take precedence over national laws.
  2. Legal Priority: Clause 2, Article 6 of Law No. 480-V emphasizes that ratified international treaties in Kazakhstan supersede national laws and are immediately applicable, unless the treaty specifies the need for legislative enactment.
  3. International Treaty Definition: Clause 6, Article 1 of Law No. 54-III defines an international treaty of Kazakhstan as a written agreement with a foreign state or international organization governed by international law.

RATIFICATION OF IOFS STATUTE:

The IOFS Statute was ratified by the Republic of Kazakhstan through Law No. 256-V on November 21, 2014. Additionally, the agreement on the IOFS headquarters, ratified by Law No. 110-VI on November 20, 2017.