(WD-515) Request to modify the first Clause of CATIE’ s constitutional contract, with a view to acquiring the legal capacity to grant professional and academic degrees

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The Tropical Agricultural Research and Higher Education Center (CATIE), founded in 1973 through a Contract between IICA (Inter-American Institute for Cooperation on Agriculture) and the Government of Costa Rica, is an institution dedicated to research in the agricultural sciences and natural resources and related subjects, as well as to higher education and other educational activities in the agricultural sciences and renewable natural resources and related subjects.

This Contract is a Law of the Republic of Costa Rica (No. 5201 dated June 1, 1973). Through this law, and later through an amendment (No. 6251 dated October 20, 1980), it was established that the participation of the Center in graduate education programs should be made through agreements with the University of Costa Rica or with other universities which would coordinate study programs and assume responsibility for awarding degrees.

Later, Law No. 6873 dated July 5, 1983 extended the validity of CATIE’s Contract for a period of twenty years, and established that the educational programs should be executed according to the agreements and programs signed with the University of Costa Rica and other public or private, national or international universities.

CATIE’s present Law (No. 8028 dated October 12, 2000), in Article One, states that: CATIE is a “scientific and educational civil association… whose objectives shall be research…” and “post-graduate education and other training activities in the agricultural sciences and renewable natural resources and related subjects, to benefit the Member States of the Inter-American Institute for Cooperation on Agriculture (IICA), under the agreements and programs that for those purposes could be established”.

It is clear that CATIE, through its different laws, has not been legally empowered to award academic degrees on its own. This limitation has made it necessary for the Center to enter into agreements or contracts with other national or international educational centers, to grant professional degrees. Agreements have been signed to award joint diplomas with different universities. However, since CATIE’s Graduate School (formerly IICA) is the oldest in Latin America, and one of the most prestigious, this situation fails to recognize the history of the Center and the quality of its education.

Recently, CATIE’s Internal Auditor made CATIE’s Board of Directors aware of the provisions of Law 7357of the Republic of Costa Rica, dated 1993, amending Law 7044 that created the Agricultural School of the Humid Tropical Region (EARTH) and giving it the right “to award academic degrees and professional diplomas, that authorize graduates to practice their respective professions.”

By virtue of the above, CATIE’s Board of Directors requested that CATIE’s Director General -through Resolution 14-07/XXVIII ROCEF- ask CATIE’s Governing Council of Ministers to authorize, through an electronic vote, a proposed amendment of CATIE’s Law 8028, in order to allow the Center to award academic degrees and professional credentials, and later negotiate the approval by the Inter-American Board of Agriculture (IABA), as well as its ratification by the Costa Rican Legislative Assembly, according to the approved procedure for these cases established in clause thirty-four of CATIE’s present Law 8028.

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IICA/CE/PR-12(XXVII-O/07) 15-17 May 2007 Original: Spanish '5$)75(62/87,211R

PROPOSED AMENDMENT OF THE FIRST CLAUSE OF THE LAW ESTABLISHIHG CATIE

THE EXECUTIVE COMMITTEE, at its Twenty-seventh Regular Meeting, HAVING SEEN:

Resolution No. 14-07/XXVIII ROCEF of the Board of Directors of the Tropical Agricultural Research and Higher Education Center (CATIE) and the presentation made before the Executive Committee by the Director General of CATIE, Dr. Pedro Ferreira,

CONSIDERING: 

That CATIE, created in 1973 by means of a contract between IICA and the Government of Costa Rica, is an entity dedicated to research in the fields of agricultural sciences and natural resources and related subjects and also to post-graduate research and other forms of education in agricultural and renewable resources and related subjects, for the benefit of the Member States of IICA;

That Law No. 6251 of the Republic of Costa Rica, of October 20, 1980, establishes that CATIE’ s participation in post-graduate programs must be based on agreements with the University of Costa Rica or with other universities which will have responsibility for coordinating studies and granting degrees;

That under such law, CATIE does not have the legal authority to grant on its own academic degrees or professional credentials, a situation that is not consistent with its caliber as the oldest post-graduate school that is one of the most prestigious in Latin America and that does not recognize the track record of this Center as an institution of learning;

That, by virtue of the above, the Board of Directors of CATIE, through ratification of resolution 14-07/XXVIII ROCEF, requested the Director General to negotiate with CATIE’ s Governing Council authorization, as a matter of duress, to propose an amendment of Law No. 8028 of CATIE in order to give the Center authority to grant academic degrees and professional credentials;

That the Board of Directors of CATIE has requested that the Director General of IICA take the necessary steps to amend the Contract establishing CATIE to enable it to grant professional credentials and academic degrees;

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That the Board of Directors of CATIE has also asked the Director General of IICA to approach the Inter-American Board of Agriculture (IABA) regarding ratification of that amendment by the Legislative Assembly of Costa Rica, following, to that effect, the procedure for approval established for such cases in clause 34 of Law No. 8028 of CATIE now in effect; and

That, as a precedent, by means of an amendment to Law No. 7044 creating EARTH University ((VFXHOD GH $JULFXOWXUD GH OD 5HJLyQ GHO 7UySLFR +~PLGR ($57+(Law No. 7357 of 1993) of the Republic of Costa Rica, that institution was granted the right to offer academic degrees and professional credentials which give authority to exercise the respective professions,

RESOLVES:

1. To recommend to the Inter-American Board of Agriculture that it give favorable consideration to the proposed amendment of the Contract between IICA and the Government of Costa Rica establishing the Center so as to give that Center the power to grant professional credentials and academic degrees.

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