ORGANIZATION OF AMERICAN STATES

GENERAL ASSEMBLY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THIRTY-FIRST REGULAR SESSION

SAN JOSÉ, COSTA RICA

June 3-5, 2001

 

 

 

 

 

PROCEEDINGS

VOLUME I

 

 

AG/DEC. 25 - AG/DEC. 26 (XXXI-O/01)

AG/RES. 1765 - AG/RES. 1839 (XXXI-O/01)

 

CERTIFIED TEXTS OF THE DECLARATIONS AND RESOLUTIONS

 

 

 

 

 

 

 

 

 

 

GENERAL SECRETARIAT

ORGANIZATION OF AMERICAN STATES

WASHINGTON, D.C. 20006

 

     AG

ORGANIZATION OF AMERICAN STATES

GENERAL ASSEMBLY

 

 

 

 

 

 

 

 

                                                                                                                        OEA/Ser.P/XXXI-O.2

                                                                                                                        28 September 2001

                                                                                                                        Volume 1

 

 

 

 

THIRTY-FIRST REGULAR SESSION

SAN JOSÉ, COSTA RICA

June 3-5, 2001

 

 

 

 

 

PROCEEDINGS

VOLUME I

 

 

AG/DEC. 25 - AG/DEC. 26 (XXXI-O/01)

AG/RES. 1765 - AG/RES. 1839 (XXXI-O/01)

 

CERTIFIED TEXTS OF THE DECLARATIONS AND RESOLUTIONS

 

 

 

 

 

 

 

 

GENERAL SECRETARIAT

ORGANIZATION OF AMERICAN STATES

WASHINGTON, D.C. 20006

2001

     AG

 


 

OEA/Ser.P/XXXI-O.2                     PROCEEDINGS                 VOLUME I                AG/DEC. 25 – 26 (XXXI-O/01)                AG/RES. 1765 – 1839 (XXXI-O/01)                    AG

 

 


 

 

 

 

 

 

            I hereby certify that this volume contains the official texts of the resolutions adopted by the General Assembly of the Organization of American States at its thirty-first regular session, held in San José, Costa Rica, from June 3 to 5, 2001.

 

 

 

                                                                                                              César Gaviria

                                                                                                           Secretary General

                                                                                                Organization of American States

 

 

 

 

 


CONTENTS

 

 

Page

 

 

AG/DEC. 25 (XXXI-O/01)        Special Declaration on the Colombian Peace Process. 1

AG/DEC. 26 (XXXI-O/01)        Declaration on the Question of the Malvinas Islands. 2

AG/RES. 1765 (XXXI-O/01)     Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI) 3

AG/RES. 1766 (XXXI-O/01)     Inter-American Program for the Development of International Law.. 5

AG/RES. 1767 (XXXI-O/01)     Compliance with the Mandate from the Summit of the Americans to the Inter-American Telecommunication Commission and Preparation for Its Third Assembly  8

AG/RES. 1768 (XXXI-O/01)     Second Biennial Report on Compliance with Resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará’”. 10

AG/RES. 1769 (XXXI-O/01)     Amendments to the Statutes of the Permanent Council 12

AG/RES. 1770 (XXXI-O/01)     International Criminal Court 23

AG/RES. 1771 (XXXI-O/01)     Promotion of and Respect for International Humanitarian Law.. 25

AG/RES. 1772 (XXXI-O/01)     Annual Report of the Inter-American Juridical Committee. 29

AG/RES. 1773 (XXXI-O/01)     Centennial of the Inter-American Juridical Committee. 32

AG/RES. 1774 (XXXI-O/01)     Preparation of a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance. 33

AG/RES. 1775 (XXXI-O/01)     The Human Rights of All Migrant Workers and Their Families. 35

AG/RES. 1776 (XXXI-O/01)     Support for the United Nations Convention against Transnational Organized Crime  38

AG/RES. 1777 (XXXI-O/01)     Implementation of the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality. 40

AG/RES. 1778 (XXXI-O/01)     Annual Report of the Inter-American Drug Abuse Control Commission 42

AG/RES. 1779 (XXXI-O/01)     Evaluation of Progress in Drug Control:  First Round of the Multilateral Evaluation Mechanism (MEM) of the Inter-American Drug Abuse Control Commission  45

AG/RES. 1780 (XXXI-O/01)     American Declaration on the Rights of Indigenous Peoples. 47

AG/RES. 1781 (XXXI-O/01)     Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas. 49

AG/RES. 1782 (XXXI-O/01)     Promotion of Democracy. 51

AG/RES. 1783 (XXXI-O/01)     Observations and Recommendations on the Annual Report of the Inter-American Commission on Human Rights. 54

AG/RES. 1784 (XXXI-O/01)     Mechanism for Follow-up on Implementation of the Inter-American Convention against Corruption. 56

AG/RES. 1785 (XXXI-O/01)     Enhancement of Probity in the Hemisphere and Follow-up on the Inter-American Program for Cooperation in the Fight against Corruption. 65

AG/RES. 1786 (XXXI-O/01)     Promotion of Corporate Social Responsibility in the Hemisphere. 69

AG/RES. 1787 (XXXI-O/01)     Observations and Recommendations on the Annual Reports of the Organs, Agencies, and Entities of the Organization. 71

AG/RES. 1788 (XXXI-O/01)     Promotion of the Model OAS General Assembly Program for High School and Young University Students. 73

AG/RES. 1789 (XXXI-O/01)     Support for the Work of the Inter-American Committee against Terrorism   75

AG/RES. 1790 (XXXI-O/01)     Appointment of Women to Senior Management Positions at the OAS. 77

AG/RES. 1791 (XXXI-O/01)     Inter-American Support for the Comprehensive Nuclear-Test-Ban Treaty  80

AG/RES. 1792 (XXXI-O/01)     Support for Action against Antipersonnel Mines in Peru and Ecuador 82

AG/RES. 1793 (XXXI-O/01)     Support for the Program of Integral Action against Antipersonnel Mines in Central America. 84

AG/RES. 1794 (XXXI-O/01)     The Western Hemisphere as an Antipersonnel-Land-Mine-Free Zone. 87

AG/RES. 1795 (XXXI-O/01)     Preparations for the Summit-Mandated Special Conference on Security  90

AG/RES. 1796 (XXXI-O/01)     Support for the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects. 92

AG/RES. 1797 (XXXI-O/01)     Proliferation of and Illicit Trafficking in Small Arms and Light Weapons  94

AG/RES. 1798 (XXXI-O/01)     Consolidation of the Regime Established in the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco) 97

AG/RES. 1799 (XXXI-O/01)     Inter-American Convention on Transparency in Conventional Weapons Acquisitions. 99

AG/RES. 1800 (XXXI-O/01)     Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials. 101

AG/RES. 1801 (XXXI-O/01)     Confidence- and Security-Building in the Americas. 103

AG/RES. 1802 (XXXI-O/01)     Special Security Concerns of Small Island States. 106

AG/RES. 1803 (XXXI-O/01)     OAS Natural Disaster Reduction and Response Mechanisms. 109

AG/RES. 1804 (XXXI-O/01)     Interparliamentary Forum of the Americas. 112

AG/RES. 1805 (XXXI-O/01)     Annual Report of the Inter-American Council for Integral Development to the General Assembly. 114

AG/RES. 1806 (XXXI-O/01)     Strategic Plan for Partnership for Development 2002-2005. 115

AG/RES. 1807 (XXXI-O/01)     First Meeting of Ministers and High Authorities on Science and Technology within the Framework of CIDI 118

AG/RES. 1808 (XXXI-O/01)     Ministerial Meeting on Sustainable Development 120

AG/RES. 1809 (XXXI-O/01)     Twelfth Inter-American Conference of Ministers of Labor 122

AG/RES. 1810 (XXXI-O/01)     Second Meeting of Ministers of Education. 124

AG/RES. 1811 (XXXI-O/01)     Sustainable Development of Tourism.. 126

AG/RES. 1812 (XXXI-O/01)     Follow-up and Implementation of the Mandates of the Third Summit of the Americas within the Framework of the Inter-American Council for Integral Development and the Inter-American Agency for Cooperation and Development 128

AG/RES. 1813 (XXXI-O/01)     Trade and Integration in the Americas. 130

AG/RES. 1814 (XXXI-O/01)     Responsibilities of the Inter-American Agency for Cooperation and Development in accordance with Resolution AG/RES. 1727 (XXX-O/00) 134

AG/RES. 1815 (XXXI-O/01)     Continuing Participation in the Inter-American Council for Integral Development by Member States That Have Not Ratified the Protocol of Managua. 136

AG/RES. 1816 (XXXI-O/01)     Study of the Rights and the Care of Persons under Any Form of Detention or Imprisonment 137

AG/RES. 1817 (XXXI-O/01)     Cooperation between the Organization of American States and the United Nations System, the General Secretariat of the Central American Integration System, and the General Secretariat of the Caribbean Community. 139

AG/RES. 1818 (XXXI-O/01)     Human Rights Defenders in the Americas:  Support for the Individuals, Groups, and Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas. 140

AG/RES. 1819 (XXXI-O/01)     Human Rights and the Environment 142

AG/RES. 1820 (XXXI-O/01)     OAS Special Program of Support for Strengthening Democratic Institutions in Guatemala. 144

AG/RES. 1821 (XXXI-O/01)     The Socioeconomic and Environmental Impacts of Climate Change on the Countries of the Hemisphere. 146

AG/RES. 1822 (XXXI-O/01)     Support of the Inter-American Development Bank for the Summit of the Americas Plan of Action. 148

AG/RES. 1823 (XXXI-O/01)     Support for the Work of the Inter-American Institute of Human Rights  149

AG/RES. 1824 (XXXI-O/01)     Support for and Follow-up to the Summits of the Americas Process. 151

AG/RES. 1825 (XXXI-O/01)     Support for the Mandates of the Summit of the Americas on Strengthening Municipal and Regional Administrations and on Civil Society. 154

AG/RES. 1826 (XXXI-O/01)     Free Trade and Investment in the Hemisphere. 156

AG/RES. 1827 (XXXI-O/01)     Observations and Recommendations on the Annual Report of the Inter-American Court of Human Rights. 157

AG/RES. 1828 (XXXI-O/01)     Evaluation of the Workings of the Inter-American System for the Protection and Promotion of Human Rights with a View to Its Improvement and Strengthening  159

AG/RES. 1829 (XXXI-O/01)     Support for Inter-American Human Rights Instruments. 165

AG/RES. 1830 (XXXI-O/01)     Place and Date of the Thirty-fifth Regular Session of the General Assembly  167

AG/RES. 1831 (XXXI-O/01)     Support for Democracy in Haiti 168

AG/RES. 1832 (XXXI-O/01)     Protection of Refugees, Returnees, and Internally Displaced Persons in the Americas. 171

AG/RES. 1833 (XXXI-O/01)     Study on the Access of Persons to the Inter-American Court of Human Rights  173

AG/RES. 1834 (XXXI-O/01)     The Organization of American States and Civil Society. 175

AG/RES. 1835 (XXXI-O/01)     Inter-American Program of Cooperation to Prevent and Remedy Cases of International Abduction of Minors by One of Their Parents. 177

AG/RES. 1836 (XXXI-O/01)     Modernization of the OAS and Renewal of the Inter-American System   180

AG/RES. 1837 (XXXI-O/01)     Tribute to the People and Government of Peru on the Conclusion of the Electoral Process. 182

AG/RES. 1838 (XXXI-O/01)     Resolution of San José Costa Rica – Inter-American Democratic Charter 183

AG/RES. 1839 (XXXI-O/01)     Program-Budget of the Organization for 2002, Quotas and Contributions to the Voluntary Fund for 2002. 191

 

 


AG/DEC. 25 (XXXI-O/01)

 

SPECIAL DECLARATION ON THE

COLOMBIAN PEACE PROCESS

 

(Declaration adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            The Ministers of Foreign Affairs and Heads of Delegation, gathered in San José, Costa Rica, on the occasion of the thirty-first regular session of the General Assembly of the Organization of American States, express their satisfaction with the humanitarian agreement signed on June 2, 2001, as it represents a significant step forward in the peace process and in the negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia People’s Army (FARC-EP).  They underscore the importance of this agreement as a decisive step forward in complying with and observing the principles and rules of international humanitarian law.

 

They call upon the armed groups to continue responding with gestures of peace to the firm policy of the state headed by President Andrés Pastrana, and trust that the process will lead to national reconciliation and a stable peace for all Colombians.

 

 

 


AG/DEC. 26 (XXXI-O/01)

 

DECLARATION[EB1]  ON THE QUESTION OF THE MALVINAS ISLANDS [KFC2] 

 

(Declaration adopted at the fourth plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

CONSIDERING its repeated statements that the question of the Malvinas Islands is a matter of enduring hemispheric concern;[KFC3] 

 

RECALLING its resolution AG/RES. 928 (XVIII-O/88), adopted by consensus on November 19, 1988, which requests the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find, as soon as possible, a peaceful solution to the sovereignty dispute;[KFC4] 

 

BEARING IN MIND that, in its resolution AG/RES. 1049 (XX-O/90), it expressed its satisfaction with the resumption of diplomatic relations between the two countries, and that, in its declaration AG/DEC. 5 (XXIII-O/93), it emphasized the excellent state achieved in their bilateral relations; [KFC5] 

 

RECOGNIZING that accreditation of the United Kingdom of Great Britain and Northern Ireland, under resolution CP/RES. 655 (1041/95), as a permanent observer to the OAS, reflects principles and values shared by that country and OAS member states, which facilitate greater mutual understanding;[KFC6] 

 

NOTING with satisfaction that the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland continue to reinforce political, trade, and cultural ties, and are also engaging in close cooperation both bilaterally and in international forums; and

 

HAVING HEARD the presentation by the head of the delegation of the Argentine Republic,

 

WELCOMES the reaffirmation of the will of the Argentine Government to continue exploring all possible avenues for peaceful settlement of the controversy and its constructive approach towards the inhabitants of the Malvinas Islands;

 

REAFFIRMS the need for the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to begin, as soon as possible, negotiations on the sovereignty dispute, in order to find a peaceful solution to this protracted controversy; and

 

DECIDES to continue to examine the question of the Malvinas Islands at its subsequent sessions until a definitive settlement is reached thereon[KFC7] .


AG/RES. 1765 (XXXI-O/01)

 

SIXTH INTER-AMERICAN SPECIALIZED CONFERENCE ON
PRIVATE INTERNATIONAL LAW (CIDIP-VI)
[EB8] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the Report of the Permanent Council on the Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI) [EB9] (CP/doc.3447/01);

 

TAKING INTO ACCOUNT that, through resolution AG/RES. 1393 (XXVI-O/96), it convened CIDIP-VI;[EB10] 

 

TAKING INTO ACCOUNT ALSO that, through resolution CP/RES. 744 (1185/99), the Permanent Council approved the agenda for CIDIP-VI and resolved to convene two meetings of experts prior to the specialized conference;[EB11] 

 

CONSIDERING:

 

            That the two Meetings of Government Experts to prepare for CIDIP-VI were held at OAS headquarters on December 3 and 4, 1998, and from February 14 to 18, 2000, respectively; and

 

            That, through resolution AG/RES. 1699 (XXX-O/00), it instructed the Permanent Council to set a date in 2001 for CIDIP-VI, in accordance with the resources allocated in the program-budget and other resources, bearing in mind the status of preparations for the Conference and the Government of Guatemala’s offer to host the meeting; [EB12] and

 

BEARING IN MIND:

 

That, through resolution CP/RES. 705 (1132/97), [EB13] the Permanent Council accepted the offer of the Government of Guatemala to host CIDIP-VI;

 

That, through resolution CP/RES. 744 (1185/99), [EB14] the Permanent Council approved the agenda for CIDIP-VI; and

 

That the Government of Guatemala proposed that CIDIP-VI be held in Guatemala from November 12 to 16, 2001 (CP/doc.3420/01 corr. 1),

 

RESOLVES:

 

            1.         To express its satisfaction with the progress being made in preparing for the Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI).

 

            2.         To convene CIDIP-VI, in accordance with the resources allocated in the program-budget and other resources, for November 12 to 16, 2001, in Guatemala, with the following agenda, approved by the Permanent Council:

 

a.                   Standardized commercial documentation for international transportation, with special reference to the 1989 Inter-American Convention on Contracts for the International Carriage of Goods by Road, with the possible incorporation of an additional protocol on bills of lading.

 

b.                   International loan contracts of a private nature, in particular, the uniformity and harmonization of secured transactions law[EB15] .

 

c.                   Conflict of laws on extracontractual liability, with an emphasis on competency of jurisdiction and applicable law with respect to civil international liability for transboundary pollution.[EB16] 

 

3.         To instruct the Permanent Council to take into account the conclusions and recommendations of the preparatory Meetings of Government Experts and to continue carrying out the tasks it considers necessary to prepare for CIDIP-VI, pursuant to the agenda approved by the Permanent Council.

 

4.         To request the Permanent Council to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 

 


AG/RES. 1766 (XXXI-O/01)

 

INTER-AMERICAN PROGRAM FOR THE DEVELOPMENT
OF INTERNATIONAL LAW
[EB17] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the report of the Permanent Council on the implementation of resolution AG/RES. 1705 (XXX-O/00), “Inter-American Program for the Development of International Law”[ejy18]  (CP/doc.3448/01);

 

CONSIDERING:

 

            That the General Assembly, meeting in Panama in 1996, adopted the “Declaration of Panama on the Inter-American Contribution to the Development and Codification of International Law,”[ejy19] [JC20]  in which it affirmed, inter alia, its “commitment to continue promoting the progressive development and codification of inter-American international law in the framework of the Organization of American States,”[ejy21]  and urged its organs to disseminate the rich legal heritage developed in that framework;

 

That the General Assembly, in resolution AG/RES. 1471 (XXVII-O/97),[EB22]  adopted the Inter-American Program for the Development of International Law, which calls for various activities by the Organization to promote continued progress in the areas of training, dissemination, application, and strengthening of international law developed in the context of the inter-American system;

 

            That at its most recent regular session the General Assembly reaffirmed the importance of said Program, in resolution AG/RES. 1705 (XXX-O/00);[EB23] 

 

            That the Permanent Council, at its meeting of August 13, 2000, referred to the Committee on Juridical and Political Affairs the study of and follow-up on activities carried out by the General Secretariat in fulfillment of the Inter-American Program for the Development of International Law; and

 

            That the international legal norms developed in the context of the Organization of American States are a valuable legal heritage that must be preserved and given broad dissemination with a view to promoting the study, discussion, negotiation, and development of new legal instruments and studies in the framework of the inter-American system;

 

            REAFFIRMING the importance of strengthening the legal publications program and continuing to organize subregional courses on different aspects of the inter-American legal system, such as those held in Panama and Colombia and the course for the Caribbean region to be held in the second half of 2001 in Barbados; and

 

NOTING the conclusions and recommendations of the Workshops on International Law held in Montevideo, Uruguay, in October 1999 and in Córdoba, Argentina, in December 2000, at which eminent jurists from the Hemisphere asserted the need for periodic meetings of a similar nature in order to continue to achieve their valuable results,

 

RESOLVES:

 

1.         To reaffirm the importance of the Inter-American Program for the Development of International Law for the dissemination, awareness, application, and strengthening of international law developed[EB24]  in the inter-American framework; and to support the activities of the Permanent Council of the Organization and the General Secretariat in pursuance of the Program.

 

            2.         To instruct the General Secretariat to continue, through the Secretariat for Legal Affairs, to implement the aforesaid Program, according priority to the projects and activities relating to the teaching of inter-American international law, promotion of [EB25] the inter-American legal system, and the legal publications program, and to report thereon periodically to the Permanent Council[EB26] .

 

            3.         To promote, pursuant to paragraphs (a) and (c) of the Inter-American Program for the Development of International Law, the Inter-American System of Legal Information [EB27] through the OAS Web page, by incorporating legal information on the work and activities of the Secretariat for Legal Affairs and consolidating electronic networks for exchanging information on different legal disciplines.

 

            4.         To request the General Secretariat, acting through the Secretariat for Legal Affairs and in compliance with paragraphs (l), (m), and (n) of the Inter-American Program for the Development of International Law, to publish the Inter-American Juridical Yearbook and a systematic, up-to-date work on the institutional framework and legal aspects of the inter-American system and, in particular, to arrange for all necessary budgetary measures to be taken for this purpose.

 

5.                   To request the General Secretariat to continue to conduct Workshops on International Law[EB28] , pursuant to paragraph (i) of the Inter-American Program for the Development of International Law and, in keeping with the conclusions and recommendations of previous Workshops, to promote the establishment of an association of professors of international law to facilitate exchanges among lecturers and professors and to analyze the application of inter-American legal standards.

 

6.         Also to request the General Secretariat, insofar as possible, to establish an information network through the legal departments or areas specializing in international law at universities or academic centers.

 

CPSC00982S01.doc

 
7.          To request the General Secretariat to continue, through the Secretariat for Legal Affairs, the regional refresher courses on international law, pursuant to paragraphs (f), (g), and (j) of the Inter-American Program for the Development of International Law, and, in particular, to organize a course next year for the region made up of the Southern Cone Common Market (MERCOSUR) member states.

 

            8.         To request the Permanent Council to monitor the implementation of this resolution, which shall be carried out within resources allocated in the program-budget and other resources, and to request the Council to report thereon to the General Assembly at its thirty-second regular session.

 

 

 


AG/RES. 1767 (XXXI-O/01)

 

COMPLIANCE WITH THE MANDATE FROM THE SUMMIT OF THE AMERICAS

TO THE INTER-AMERICAN TELECOMMUNICATION COMMISSION

AND PREPARATION FOR ITS THIRD ASSEMBLY

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the Annual Report of the Inter-American Telecommunication Commission (CITEL) to the General Assembly (CP/doc.3410/01);

 

CONSIDERING:

 

That the Inter-American Telecommunication Commission (CITEL) is the agency of the Organization that deals with telecommunications in the Americas; and

 

That CITEL is performing an exceedingly important task in following up on the telecommunications initiatives of the Summits of the Americas, in which the following activities are especially noteworthy:

 

a.                   Initiation of the implementation of the Inter-American Mutual Recognition Agreement for Conformity Assessment of Telecommunications Equipment (IMRA);

 

b.                   Progress in developing and promoting the use of coordinated standards documents in the member states so as to promote the interconnectivity and interoperability of telecommunications networks and services;

 

c.                   Publication of the book, Universal Service in the Americas[EB29] , which analyzes the strategies and programs developed by the member states to promote universal telecommunications service in the Hemisphere for all segments of the population;

 

d.                   Publication of the Blue Book on Telecommunication Policies for the Americas, which serves as a guide to the countries of the region in managing and reforming the communications and information sector;

 

e.                   Organization of seminars for the benefit of member states on topics such as third-generation wireless services and telecommunications networks that use Internet Protocol;

 

f.                    Coordination of positions for the presentation of common proposals to the International Telecommunication Union (ITU) World Radiocommunication Conference [EB30] and the World Telecommunication Standardization Assembly;[EB31] 

 

g.                   Various activities to ensure coordinated use of the spectrum in the region, in particular the establishment of a frequency allocation database and a database on policies, guidelines, administrative procedures, standards, and tariffs in effect in the member states; and

 

h.                   Development of the draft telecommunications section of the Plan of Action of the Third Summit of the Americas; and

 

BEARING IN MIND:

 

That, at the second regular meeting of the CITEL Assembly, held in Quito, Ecuador, in March 1998, the Argentine Republic was selected as the venue for the third regular meeting; and

 

            That the CITEL Assembly, comprising the highest telecommunications authorities of the CITEL member states, is the appropriate forum for the exchange of views and expertise to guide decision-making on activities to fulfill the objectives and mandates assigned, in particular with respect to the Summit of the Americas mandate,

 

RESOLVES:

 

1.         To take note of and commend the significant progress made by the Inter-American Telecommunication Commission (CITEL) in fulfilling the telecommunications mandates of the Summits of the Americas.

 

2.         To request the Secretary General to use his good offices with the member state governments to ensure that the highest governmental authorities in telecommunications participate in the third regular meeting of the CITEL Assembly, which is to be held in Buenos Aires, Argentina, in 2002.

 

CP08211E01

 
3.         To urge the OAS member states and permanent observers to participate in the third regular meeting of the CITEL Assembly, sponsored by the Government of Argentina.

 

 


AG/RES. 1768 (XXXI-O/01)

 

SECOND BIENNIAL REPORT ON COMPLIANCE WITH RESOLUTION AG/RES. 1456 (XXVII-O/97), “PROMOTION OF THE INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT, AND ERADICATION OF VIOLENCE
AGAINST WOMEN, ‘CONVENTION OF BELÉM DO PARÁ’”

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            RECALLING resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará,’” which, to ensure follow-up of the said Convention, instructed the Permanent Secretariat of the Inter-American Commission of Women (CIM) to present biennial reports to the General Assembly on progress made in the Convention's [EB32] implementation and on experiences and results achieved through the initiatives and programs pursued in the member states to combat violence against women;[EB33] 

 

            RECALLING ALSO resolution AG/RES. 1626 (XXIX-O/99), “First Biennial Report on Compliance with Resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará’”[EB34] ;

 

            CONSIDERING that the number of countries that have ratified the Convention of Belém do Pará has recently risen to 30, thereby demonstrating their support for and interest in combating violence against women;

 

            RECOGNIZING that the project carried out by the CIM and the CIM report show that efforts are being made throughout the Hemisphere to attain the objectives of the Convention of Belém do Pará and that, although significant progress has been made, violence persists and is of such a magnitude that strategies must continue to be implemented to free women from that scourge; and

 

            RECALLING that, in the plans of action adopted at the First and the Second Summit of the Americas, the Heads of State and Government pledged, with regard to the subject of women, to take steps to eliminate all forms of discrimination and violence against women, as was done in the CIM Strategic Plan of Action, which assigned priority to this topic, and in the Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality, adopted by the General Assembly,

 

RESOLVES:

 

1.                   To note with satisfaction the Second Biennial Report to the General Assembly on Compliance with Resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará.’”

 

2.                   To express its satisfaction with the progress made by the Inter-American Commission of Women (CIM) and the member states in promoting the Convention and in attaining its objectives, in accordance with the priorities established in the plans of action of the Summits of the Americas, the Strategic Plan of Action of the CIM, and the Inter-American Program for the Promotion of Women's Human Rights and Gender Equity and Equality.

 

3.                  

CP08134S01

 
To encourage governments that have not yet done so to ratify the Convention of Belém do Pará, and to urge all member states to continue to promote measures to prevent, punish, and eradicate violence against women in the Hemisphere, especially by adjusting their legislation in pursuance of this objective.

 

4.                   To urge the CIM and member states to continue to develop strategies to attain the objectives of this Convention, and to publish the results in the next CIM follow-up report.

 

 

 


AG/RES. 1769 (XXXI-O/01)

 

AMENDMENTS TO THE STATUTES OF THE PERMANENT COUNCIL

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the report of the Permanent Council on the proposed amendments to the Statutes of the Permanent Council (CP/doc.3450/01[EB35] );

 

CPSC01079E01

 
RECALLING that resolution AG/RES. 1603 (XXVIII-O/98)[EB36]  authorized the Permanent Council to adopt such organizational and structural measures as it considered suitable in pursuit of the aims set forth in that resolution, including the adoption ad referendum of decisions requiring authorization from the General Assembly[KFC37] ;

 

CONSIDERING:

 

That the General Assembly, at its thirtieth regular session, instructed the Permanent Council to begin to review the Statutes of the Permanent Council, bearing in mind the agreements adopted ad referendum by the Special Joint Working Group of the Permanent Council and the Inter-American Council for Integral Development on the Strengthening and Modernization of the General Secretariat, regarding implementation of procedures to improve the organization and working methods of the Permanent Council; and

 

That the General Assembly, at its thirtieth regular session, adopted amendments to its Rules of Procedure [AG/RES. 1737 (XXX-O/00)]; and

 

            TAKING INTO ACCOUNT that Article 65 of the Statutes of the Permanent Council stipulates that the Council may propose to the Assembly such amendments as it considers desirable[KFC38] ,

 

RESOLVES:

 

To approve the amendment of Articles 14, 16, 17, 18, 19, 20, 23, 37, 39, 50, 58, 60, 62, and 63 and the deletion of Article 57 and the Single Transitory Provision of the Statutes of the Permanent Council, the amended text of which is attached hereto.

 

 


STATUTES OF THE PERMANENT COUNCIL

 

 

I.  NATURE

 

Article 1.  The Permanent Council is one of the organs of the Organization of American States. It is directly responsible to the General Assembly.  All member states have the right to be represented on this Council.

 

 

II.  MEMBERSHIP

 

Article 2.  The Permanent Council is composed of one representative of each member state, especially accredited by the government thereof, with the rank of ambassador.  Each government may appoint such alternate representatives and advisers as it considers advisable and may if necessary accredit an interim representative.

 

Article 3.  The government of each member state shall advise the Secretary General of the appointment of its representative, and of the appointment of its alternate representative and advisers, and, when called for, of its interim representatives.  The Secretary General shall, in turn, inform the Permanent Council whenever a member state accredits a new permanent representative to the Organization.

 

Article 4.  The order of precedence of the permanent representatives and of interim representatives shall be determined according to the dates on which their accreditation is formalized with the Secretary General.  The General Secretariat of the Organization shall maintain a roster of the missions in which the aforementioned order of precedence shall be set forth.

 

 

III.  CHAIR AND VICE CHAIR

 

Article 5.  The office of Chair of the Permanent Council shall be held by each of the principal representatives in turn, following the alphabetical order in Spanish of the names of their respective countries.  The office of the Vice Chair shall be filled in the same way, following the reverse alphabetical order.

 

Article 6.  The Chair and Vice Chair shall hold office for a term of three months.  These terms shall begin automatically on the first day of each quarter of the calendar year.

 

Article 7.  In the event of the temporary absence or disability of the Chair, the Vice Chair shall replace him/her and, in the event of the absence or disability of both of them, the principal representative of greatest seniority shall preside.

 

If for any reason the country to which the Chair corresponds does not have a principal representative, the Vice Chair shall serve as Chair until a principal representative of that country joins the Council.

 

If during a term or part thereof a country to which the Chair or Vice Chair corresponds does not have a principal representative, that term shall not be interrupted.  Once it has ended, the Chair or Vice Chair shall go to the following country, in accordance with the order established in Article 5.

 

 

IV.  SECRETARIAT

 

Article 8.  The Assistant Secretary General shall be the Secretary of the Permanent Council and of its subsidiary organs, agencies, and committees.

 

Article 9.  In the event that the office of the Assistant Secretary General becomes vacant, the Permanent Council shall elect a substitute to hold that office until the General Assembly elects a new Assistant Secretary General for a full term.

 

Article 10.  The Secretary General, or his representative, and the Secretary of the Permanent Council may participate with voice but without vote in all meetings of the Permanent Council and in those of its subsidiary organs, agencies, and committees.

 

Article 11.  The General Secretariat, the central and permanent organ of the Organization, is the Secretariat of the Permanent Council and of its subsidiary organs, agencies, and committees.  For this purpose, the General Secretariat shall provide them with secretariat services and shall carry out their directives and assignments.

 

 

V.  MEETINGS

 

Article 12.  The Permanent Council shall hold its meetings at its seat, in the manner determined by its Rules of Procedure.

 

Article 13.  The Permanent Council may also hold meetings in any member state, when it finds it advisable and with the prior consent of the government concerned.

 

Article 14.  The Permanent Council shall hold its meetings on the dates indicated by its Rules of Procedure and when convoked by the Chair either on his/her own initiative or at the request of any representative.

 

Likewise, the Chair shall convoke the Permanent Council when the Secretary General, in exercise of the authority provided for in Article 110, paragraph 2, of the Charter, expressly requests it.

 

The Permanent Council shall take decisions on matters that are within its competence.  This shall be governed by Article 18 of these Statutes.

 

 

VI.  COMMITTEES

 

Article 15.  The Permanent Council shall establish such committees and working groups as it deems necessary to facilitate its work, in accordance with the provisions of its Rules of Procedure.

VII.  QUORUM

 

Article 16.  The quorum for meetings of the Permanent Council shall be one third of the representatives of the member states.

 

In the case of the committees, subcommittees, and working groups, the quorum for meetings shall be one third of the representatives of the member states on the respective bodies.

 

The quorum for taking decisions in the Permanent Council shall be the majority of the representatives of the member states.

 

The quorum for taking decisions in the committees, subcommittees, and working groups shall be the majority of the representatives of the member states on the respective bodies.

 

 

VIII.  DECISION-MAKING

 

Article 17.  Each member state has the right to one vote.

 

Decisions of the Permanent Council shall be taken by the affirmative vote of the majority of the members of the Council, except when otherwise expressly provided for in the Charter of the Organization, in other inter-American instruments, or in these Statutes.

 

In budgetary matters the approval of two thirds of the member states shall be required.

 

Without prejudice to the preceding provisions, the Permanent Council may also take decisions by consensus.

 

 

IX.  COMPETENCE

 

Article 18.  The Permanent Council has the authority granted to it as set forth in the relevant provisions of the Charter and other inter-American instruments.  Within said limits it will discharge the functions assigned to it by the General Assembly and the Meeting of Consultation of Ministers of Foreign Affairs, and it shall take cognizance of any matter referred to it by the aforementioned organs.  It shall likewise take cognizance of any matter that, pursuant to Article 110 of the Charter, the Secretary General of the Organization may bring to its attention.

 

A.        General Powers and Functions

 

Article 19.  The Permanent Council shall:

 

a.                   Make recommendations on matters under its authority, within the limits of the Charter and other inter-American instruments;

 

b.                   Render to the governments such specialized services as they may request, to the extent of its ability and with the cooperation of the General Secretariat;

c.                   Prepare, at the request of the member states and with the cooperation of the appropriate organs of the Organization, draft agreements to promote and facilitate cooperation between the Organization of American States and the United Nations or between the Organization and other American agencies of recognized international standing; and submit these draft agreements to the General Assembly for approval;

 

d.                   With the prior approval of the General Assembly, establish the subsidiary organs and the agencies that it considers advisable for the best performance of its duties.  When the General Assembly is not in session the Council may provisionally establish the aforesaid organs and agencies.  In constituting the membership of these bodies, the Council, insofar as possible, shall follow the criteria of rotation and equitable geographic representation;

 

e.                   Require the Inter-American Council for Integral Development, as well as the subsidiary organs and agencies responsible to it, to provide it with information and advisory services on matters within their respective spheres of competence; and request the same services from the other agencies of the inter-American system;

 

f.                    Answer the inquiries that the Inter-American Council for Integral Development addresses to it within its sphere of competence;

 

g.                   Adopt the programs that, in the sphere of competence of the Council, shall serve the General Secretariat as a basis for preparing the proposed program-budget of the Organization in accordance with the provisions of Article 112.c of the Charter;

 

h.                   Carry out those decisions of the General Assembly or of the Meeting of Consultation of Ministers of Foreign Affairs, the implementation of which has not been assigned to any other body;

 

i.                     Make such observations as it may deem pertinent, in its sphere of competence, with regard to the proposed program-budget of the Organization prepared by the General Secretariat and which the latter transmits to it for consultation, for the purposes indicated in Article 112.c of the Charter; and

 

j.                     Approve its own Rules of Procedure and those of its subsidiary organs, agencies, and committees.

 

B.         Specific Powers and Functions

 

Admission of New Members

 

Article 20.  The Permanent Council shall receive, through the General Secretariat, a communication addressed to it by any new political entity that arises from the union of several member states and that, as such, indicates its intention to sign and ratify the Charter in order to formally join the Organization.

 

Once the provisions of Article 7 of the Charter have been complied with, the Council shall authorize the Secretary General to accept the corresponding instrument of ratification.

 

Article 21.  The Permanent Council shall consider only those applications to join the Organization of American States that are presented by independent American states that were members of the United Nations as of December 10, 1985, and by the nonautonomous territories mentioned in document OEA/Ser.P/AG/doc.1939/85, of November 5, 1985, when they become independent.  The applications shall be addressed to the Secretary General in accordance with the provisions of Articles 6 and 7 of the Charter.  The Council, by the affirmative vote of two thirds of the member states, shall make the pertinent recommendation to the General Assembly, so that the General Assembly may determine whether it is appropriate to authorize the Secretary General to permit the applicant state to sign the Charter and to accept deposit of the corresponding instrument of ratification.

 

Peaceful Settlement of Disputes

 

Article 22.  The Permanent Council shall keep vigilance over the maintenance of friendly relations among the member states, and for that purpose shall effectively assist them in the peaceful settlement of their disputes, in accordance with the following provisions:

 

a.         In accordance with the Charter

 

Article 23.  In keeping with the provisions of the Charter, the Permanent Council shall, in accordance with the terms of the preceding article, assist the parties and recommend the procedures it deems appropriate for peaceful settlement of the dispute when any party to a dispute in which none of the peaceful procedures provided for in Article 25 of the Charter is under way resorts to the Council to obtain its good offices.

 

Article 24.  In the exercise of its functions, the Permanent Council may establish ad hoc committees, with the consent of the parties to the dispute.

 

Article 25.  The ad hoc committees shall have the membership and mandate that the Permanent Council agrees upon in each case, with the consent of the parties to the dispute.

 

Article 26.  The Permanent Council may also, by such means as it deems advisable, investigate the facts of the dispute, and may do so in the territory of any of the parties, with the consent of the government concerned.

 

Article 27.  The Permanent Council shall present a report to the General Assembly, if the procedure for peaceful settlement of disputes recommended by the Council or suggested by the pertinent ad hoc committee under the terms of its mandate is not accepted by one of the parties or if one of the parties declares that the procedure has not settled the dispute, without prejudice to taking steps to secure agreement between the parties or to restore relations between them.

 

Article 28.  The Permanent Council, in the exercise of these functions, shall take its decisions by an affirmative vote of two thirds of its members, except for those decisions for which the Rules of Procedure authorize a simple majority.

 

The parties to the dispute shall be excluded both from voting and in calculating majorities.

 

Article 29.  In performing its functions with respect to the peaceful settlement of disputes, the Council shall observe the provisions of the Charter and the principles and standards of international law, as well as take into account the existence of treaties in force between the parties.

 

b.         In accordance with the American Treaty on Pacific Settlement

 

Article 30.  When a state that is a party to the American Treaty on Pacific Settlement (Pact of Bogotá) initiates, in relation to one or more other states parties, the procedure of investigation and conciliation provided for in that Treaty and, in accordance with Article XVI of the Treaty, requests the Permanent Council to convoke the Commission of Investigation and Conciliation, the Council shall determine the place where the Commission shall meet and shall take other immediate steps necessary to convoke it.

 

At the request of one of the parties the Council may, pending the convocation of the Commission, make recommendations to the parties so that they will refrain from any act that might make conciliation more difficult.

 

Article 31.  The Permanent Council shall determine the financial remuneration to be received by each member of the Commission of Investigation and Conciliation, if the parties do not agree on the amount.

 

Article 32.  When in the cases contemplated in Articles XXXV and XXXVIII of the American Treaty on Pacific Settlement two or more states parties to the Treaty submit a dispute or difference of any kind existing between them to arbitration and transmit to the Permanent Council the designation of their respective arbiters and the lists of candidates for membership on the Arbitral Tribunal, the Council shall proceed to establish the tribunal within the month following the presentation of the lists, in the manner set forth in paragraph (2) of Article XL of the Treaty.

 

Article 33.  When one of the parties requests the Permanent Council to establish the Arbitral Tribunal because the other party has failed to designate its arbiter and present its list of candidates within the period of two months set in Article XL, the Council shall immediately urge the delinquent party to fulfill these obligations within an additional period of fifteen days, after which time the Council itself shall establish the tribunal in the manner set forth in Article XLV of the Treaty.

 

Article 34.  The Permanent Council shall determine the financial remuneration to be received by each member of the Arbitral Tribunal, if the parties do not agree on the amount.

 

Article 35.  When the Permanent Council receives from the parties interested in the solution of a controversy a communication in which they, by mutual agreement, request the General Assembly or the Security Council of the United Nations to ask the International Court of Justice for an advisory opinion on any juridical question, the Council shall transmit that request of the parties to the body to which it is addressed, in compliance with the provisions of Article LI of the American Treaty on Pacific Settlement.

 

General Assembly

 

Article 36.  The Permanent Council may submit recommendations to the General Assembly with regard to the functioning of the Organization and the coordination of its subsidiary organs, agencies, and committees.

 

On matters within is competence, the Council may also present to the General Assembly studies, proposals, and drafts of international instruments.

 

Article 37.  When acting as the Preparatory Committee of the General Assembly in accordance with Article 91.c of the Charter, the Permanent Council shall have the following duties:

 

a.                   To prepare the draft agenda for each session of the General Assembly;

 

b.                   To review the proposed program-budget submitted to it by the General Secretariat in accordance with the procedure provided for in Article 112.c of the Charter and the draft resolution on quota contributions, and to present to the General Assembly a report thereon, containing the recommendations it considers appropriate;

 

c.                   To transmit the draft agenda and the report, in due course, to the governments of the member states; and

 

d.         To carry out such other functions as the General Assembly may assign to it.

 

Article 38.  If for any reason the General Assembly cannot be held at the place chosen during the previous regular session, and if one of the member states should make a timely offer of a site in its territory, the Permanent Council may agree that the General Assembly will meet in that place.

 

Decisions of the Permanent Council pursuant to this article shall be taken by the affirmative vote of two thirds of the member states.

 

Article 39.  In special circumstances, the Permanent Council shall convoke a special session of the General Assembly, and shall determine the date and place for it.  This decision shall require the approval of two thirds of the member states.

 

Article 40.  The Permanent Council shall present to the General Assembly an annual report and such special reports as it may deem advisable.

 

Meeting of Consultation of Ministers of Foreign Affairs

 

Article 41.  When, in accordance with Article 62 of the Charter, one or more member states request the Permanent Council to call a Meeting of Consultation of Ministers of Foreign Affairs to consider problems of an urgent nature and of common interest to the American states, the Council shall decide by an absolute majority of votes whether the Meeting should be held.  If the decision is affirmative, the Council shall set the place and date for holding the Meeting.

 

Article 42.  The Permanent Council shall prepare the draft agenda of the meeting referred to in the preceding article, taking into account the topic or topics the requesting government or governments propose, and shall submit it to the member states for consideration, which may suggest other topics or make observations on those already presented, within a period fixed by the Council.  Once the agenda has been approved by the Council, the latter may not change it.

 

Article 43.  When one or more member states that are parties to the Inter-American Treaty of Reciprocal Assistance request the Permanent Council, in accordance with Article 13 of that Treaty and with Article 62 of the Charter, to convoke a Meeting of Consultation of Ministers of Foreign Affairs to serve as the Organ of Consultation, the Council shall decide by the affirmative vote of an absolute majority of the members who have a right to vote whether a Meeting should be held.  If the decision is affirmative, the Council shall set the place and date for holding the Meeting.

 

Article 44.  The state or states requesting the convocation of a meeting in accordance with the preceding article shall state the purpose of such convocation in the request they make to the Permanent Council.  The topic to be considered shall be mentioned specifically in the notice of convocation.

 

Article 45.  In case of an armed attack on the territory of an American state or within the region of security established by the Inter-American Treaty of Reciprocal Assistance, the Chair of the Permanent Council shall without delay call a meeting of the Council to decide on the convocation of the Meeting of Consultation, without prejudice to the provisions of the Inter-American Treaty of Reciprocal Assistance with regard to the states parties to that Treaty.

 

Article 46.  The Permanent Council shall prepare the Regulations of the Meeting of Consultation and submit them to the member states for consideration.  Before each Meeting, the Council shall consider whether modifications in the Regulations are required or whether it is necessary to adopt temporary regulatory provisions to take into account particular aspects of the Meeting.  These modifications or temporary provisions shall be submitted to the member states for consideration.

 

Article 47.  The Permanent Council shall serve provisionally as the Organ of Consultation, as provided in Article 83 of the Charter, and in the Inter-American Treaty of Reciprocal Assistance.

 

Inter-American Juridical Committee

 

Article 48.  The Permanent Council shall consider the reports of the Inter-American Juridical Committee and present to the General Assembly any observations and recommendations it deems necessary with respect thereto.

 

Article 49.  The Permanent Council may request the advisory services of the Inter-American Juridical Committee serving as an advisory body of the Organization.  It may also assign to that Committee such studies and preparatory work as it may deem necessary.

 

Article 50.  When a vacancy occurs on the Inter-American Juridical Committee for reasons other than normal expiration of the term of office of a member of the Committee, the Permanent Council shall proceed to fill the vacancy on the basis of the criteria set forth in Article 101 of the Charter and the electoral standards contained in the Rules of Procedure of the General Assembly.

 

Inter-American Commission on Human Rights

 

Article 51.  The Permanent Council shall perform the functions entrusted to it by the pertinent provisions of the Statute of the Inter-American Commission on Human Rights.

 

Article 52.  The Permanent Council shall consider the reports of the Inter-American Commission on Human Rights and present to the General Assembly any observations and recommendations it deems necessary with respect thereto.

 

General Secretariat

 

Article 53.  The General Secretariat shall advise the Permanent Council and its subsidiary organs, agencies, and committees in the preparation of agendas and rules of procedure.

 

Article 54.  In matters within its competence, the Permanent Council may entrust the General Secretariat with establishing cooperative relations with the specialized organizations and other national and international organizations.

 

Article 55. In considering proposals that would require expenditures by the Organization, the Permanent Council shall take into account the financial estimates that the General Secretariat is to prepare.

 

Article 56.  The Permanent Council shall watch over the observance of the General Standards to Govern the Operations of the General Secretariat and, when the General Assembly is not in session, adopt provisions of a regulatory nature that enable the General Secretariat to carry out its administration functions.

 

Specialized Conferences

 

Article 57.  The Permanent Council, in matters within its competence, may propose to the General Assembly or to the Meeting of Consultation of Ministers of Foreign Affairs the holding of specialized conferences and, in urgent cases, the Council may convoke them after consulting with the member states and without the approval of the General Assembly or of the Meeting of Consultation being required.

 

Article 58.  The Permanent Council shall prepare the agenda and rules of procedure of the specialized conferences referred to in Article 57 and those of any others whose preparation is entrusted to it by the General Assembly or the Meeting of Consultation.

 

The Council shall prepare the agendas and rules of procedure for other specialized conferences when the General Assembly or the Meeting of Consultation has not otherwise decided and no other entity is responsible for doing so by reason of the nature of the conference.

The Council shall submit the agendas and rules of procedure that it prepares to the member states for consideration.

 

Article 59.  The Permanent Council, in matters within its competence, may present studies, proposals, and drafts of international instruments to the specialized conferences.

 

Reports of the Organs, Agencies, and Entities of the Organization

 

Article 60.  The Permanent Council shall consider the reports of the Inter-American Council for Integral Development (CIDI), of the General Secretariat, of the Inter-American Specialized Organizations, of the Inter-American Specialized Conferences, as well as those of other bodies and agencies, and present to the General Assembly any observations and recommendations it deems necessary with respect thereto.

 

Specialized Organizations and other Inter-American Bodies

 

Article 61.  The Permanent Council, in matters within its competence, may make recommendations to the specialized organizations and may present to the General Assembly proposals on the creation, modification, or elimination of specialized organizations and other inter-American bodies, as well as on the coordination of their activities.

 

Article 62.  The Permanent Council shall report to the General Assembly on the intergovernmental organizations that, within their sphere of competence, fulfill the conditions set forth in Article 124 of the Charter for consideration as Inter-American Specialized Organizations.

 

Collaboration of Countries Not Members of the Organization in the Area of Cooperation for Development

 

Article 63.  In accordance with the provisions of Article 138 of the Charter and within the other provisions of the Charter, the Permanent Council shall endeavor to obtain greater collaboration from countries not members of the Organization in the area of cooperation for development.

 

 

X.  AMENDMENTS TO THE STATUTES

 

Article 64.  Any amendment to these Statutes shall be approved by the General Assembly.  The Permanent Council may propose to the Assembly such amendments as it considers desirable.


AG/RES. 1770 (XXXI-O/01)

 

INTERNATIONAL CRIMINAL COURT[KFC39] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

RECALLING its resolutions AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00)[EB40] , and AG/RES. 1709 (XXX-O/00); the recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102, Doc. 6 rev., April 16, 1999, Chap. VII, 21.3.B); and the document “Framework for OAS Action on the International Criminal Court”[EB41]  (AG/INF.248/00);

 

HAVING CONSIDERED the report of the Secretary General on the implementation of resolution AG/RES. 1706 (XXX-O/00) (CP/doc.3482/01[EB42] ) and bearing in mind the recommendations contained therein;

 

CONCERNED over the persistent violations of international humanitarian law and international human rights law throughout the world and the fact that the perpetrators of those acts go unpunished;

 

AFFIRMING that the states have the primary duty to prosecute those crimes so as to prevent their recurrence, and that complementary international agencies are needed to ensure the exercise of justice;

 

ACKNOWLEDGING IN THIS CONTEXT the historic adoption of the Statute of the International Criminal Court [KFC43] on July 17, 1998, in Rome;

 

RECALLING that “it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes”; and

 

RECOGNIZING that 139 states, including 26 member states of the Organization of American States, have signed the Rome Statute and that 32 states, including seven member states of the Organization of American States, have ratified it,

 

RESOLVES:

 

1.         To urge those member states of the Organization that have not already done so to consider the possibility of ratifying or acceding to, as applicable, the Rome Statute of the International Criminal Court.

 

2.         To urge the member states of the Organization to participate in the meetings of the Preparatory Committee of the International Criminal Court, with a view to ensuring optimal operating conditions for the Court once it is established, in the context of unwavering protection of the integrity of the Rome Statute.

 

 

 
3.         To request the Inter-American Juridical Committee to ensure that the agenda for the next joint meeting with legal advisers of the foreign ministries of OAS member states includes a discussion of mechanisms to address and prevent the recurrence of serious violations of international humanitarian law and international human rights law, as well as of the role of the International Criminal Court in that process.

 

4.                   To request the Permanent Council to report to the General Assembly at its thirty-second regular session on the implementation of this resolution[KFC44] .

 

 


AG/RES. 1771 (XXXI-O/01)

 

PromoTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW[KFC45] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            recalling its resolutions ag/res. 1270 (XXIV-O/94), ag/res. 1335 (XXV-O/95), ag/res. 1408 (XXVI-O/96), ag/res. 1503 (XXVII-O/97), ag/res. 1565 (XXVIII-O/98), AG/RES. 1619 (XXIX-O/99)[KFC46], and AG/RES. 1706 (XXX-O/00); 

 

            HAVING HEARD the report by the Chair of the Committee on Juridical and Political Affairs on the promotion of and respect for international humanitarian law (CP/ACTA 1276/01);

 

            DEEPLY CONCERNED over persistent violations of international humanitarian law throughout the world and, in particular, over attacks on the civilian population, which is at times forced into displacement;

 

            RECALLING that it is the obligation of all states to observe and enforce, in all circumstances, the standards established in the 1949 Geneva Conventions and, where applicable, for those states that are parties thereto, those contained in the 1977 Additional Protocols to those conventions;

 

            UNDERSCORING the need to strengthen the standards of international humanitarian law by achieving its universal acceptance, its widest possible dissemination[KFC47] , and its application[EB48] ;

 

            AWARE of the need to punish those responsible for war crimes[KFC49] , crimes against humanity, and other grave breaches [KRL50] of international humanitarian law[KFC51] ;

 

            TAKING INTO ACCOUNT in this context the historic significance of the adoption in Rome [KRL52] of the Statute of the International Criminal Court[KFC53] , which has already been ratified by 32 countries throughout the world;

 

            CONSIDERING the importance of the Convention on the Safety of United Nations and Associated Personnel[EB54] , whose objective is to protect both military and civilian members of United Nations operations[EB55] ;

 

            CONVINCED that women and children deserve particular protection, and welcoming the adoption in May 2000 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts;[EB56] 

 

            DISMAYED by the negative impact of the illicit production of and trafficking in firearms, ammunition, explosives, and other related materials on personal safety and on the stability of our societies;

 

            EMPHASIZING ONCE MORE the ongoing efforts of the International Committee of the Red Cross (ICRC[EB57] ) to promote and disseminate knowledge of international humanitarian law and the activities it carries out as an organization that is impartial, neutral, and independent under any and all circumstances;[EB58] [KFC59] 

 

            RECOGNIZING the important part played by the national committees or commissions established in numerous countries for the dissemination and application of international humanitarian law in ensuring that the Geneva Conventions and the Additional Protocols thereto, as well as the other instruments of international humanitarian law, are incorporated into the domestic law of the member states that are parties to those instruments, so that compliance with those instruments and the dissemination thereof are ensured; and

 

            ExpresSING its satisfaction with the increasing cooperation between the General Secretariat of the Organization and the ICRC, resulting from the agreement signed on May 10, 1996, and illustrated by common achievements such as the Governmental Experts’ Meeting on "The Implementation of International Humanitarian Law and Related Inter-American Conventions," held in March 2001, in San José, Costa Rica,

 

RESOLVES:

 

            1.         To welcome the increase in the number of member states that, in the past year, have ratified or acceded to various instruments of international humanitarian law, particularly the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction[KFC60]  (Ottawa Convention) and the Rome Statute of the International Criminal Court.

 

            2.         To urge the member states that have not yet done so to consider ratification of, or, if applicable, accession to the [KFC62]1977 Additional Protocols I and II to the 1949 Geneva Conventions[KFC61], and to consider making the declaration contained in Article 90 of Protocol I  .

 

            3.         Also to urge the member states that have not yet done so to consider ratification of or, as appropriate, accession to the Statute of the International Criminal Court[KRL63] .

 

            4.         Further, to urge member states that have not yet done so to consider ratification of, or, if applicable, accession to the following instruments relating to weapons which may be excessively injurious or have indiscriminate effects:

 

a.                   The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (and the Protocols thereto)[EB64] ; and

 

b.                   The 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction[EB65] .

            5.         To invite those member states that have not yet done so to consider becoming parties to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict[EB66] , and to its 1954 Protocol, as well as to its 1999 Second Protocol on enhanced protection[EB67] .

 

            6.         To urge member states that have not yet done so to consider becoming parties to the 1989 Convention on the Rights of the Child[EB68] , and to its Optional Protocol on the involvement of children in armed conflicts, which includes the participation of children in hostilities, as well as their recruitment into the armed forces and armed groups.

 

            7.         To underscore how important it is for states, in accordance with the international legal obligations they have undertaken, in times of peace as well as in times of armed conflict, to pay special attention to the following provisions:

 

a.                   The widest possible dissemination of international humanitarian law [KRL69]  throughout the population, particularly among the armed forces and security forces, by including it in official instruction programs and in the training of permanent armed forces staff (Articles 47, 48, 127, and 144, respectively, of the four Geneva Conventions, and Articles 83 and 11, respectively, of the two Additional Protocols);

 

b.                   The enactment of criminal legislation required to punish those responsible for war crimes and other grave breaches [KRL70] of international humanitarian law (Articles 49, 50, 129, and 146, respectively, of the four Geneva Conventions, and Article 85 of Additional Protocol I);

 

c.                   The enactment of legislation to regulate the use of emblems[KRL71]  protected[KRL72]  under international humanitarian law and to punish the improper use [KRL73] thereof (Articles 54 and 45, respectively, of the first and second Geneva Conventions, and Article 38 of Additional Protocol I and its annex containing the regulations thereto); and

 

d.                   The obligation, in the study, development, acquisition, or adoption of a new weapon, means, or method of warfare, to determine whether its employment would violate [KRL74] international humanitarian law, and, if it would, not to adopt it for use within the armed forces or security forces or to manufacture it for other purposes (Article 36 of Additional Protocol I to the Geneva Conventions).

 

            8.         To urge member states that have not yet done so to study, with the support of the International Committee of the Red Cross (ICRC), the advisability of establishing national committees or commissions to implement and disseminate international humanitarian law.

 

            9.         To urge member states and all parties to an armed conflict to respect the impartiality, independence, and neutrality of humanitarian action in accordance with the guiding principles adopted by the United Nations General Assembly in its resolution 46/182, dated December 19, 1991[KFC75] , and to ensure that the staff of humanitarian organizations are protected.

            10.        To invite the member states and the parties in a conflict to continue to cooperate with the ICRC in its various spheres of responsibility and to facilitate its work[KFC76] , in particular, by using its advisory services to support states’ efforts to implement international humanitarian law.

 

            11.        To request the General Secretariat to continue, through the Secretariat for Legal Affairs and in coordination with the ICRC, its work in the area of legal cooperation designed to promote the dissemination, ratification, and implementation of treaties on international humanitarian law and of related inter-American conventions, taking into account the progress achieved at the conference of government experts, held in San José, Costa Rica, in March 2001.

 

CP08355E09

 
12.        To request the Secretary General to report to the Permanent Council before the thirty-second regular session[KFC77]  of the General Assembly on the implementation of this resolution.

CPSC01042E04

 

 

 


AG/RES. 1772 (XXXI-O/01)

 

ANNUAL REPORT OF THE INTER-AMERICAN JURIDICAL COMMITTEE

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Juridical Committee (AG/doc.3463/01) and the presentation of the report by the Chair of the Juridical Committee, Dr. João Grandino Rodas; and

 

CONSIDERING:

 

That Article 54.f of the Charter of the Organization of American States establishes that one of the powers of the General Assembly is to consider the observations and recommendations presented by the Permanent Council, in accordance with Article 91.f of the Charter, on the reports of the organs, agencies, and entities of the Organization;

 

That Article 53 of the OAS Charter establishes the Inter-American Juridical Committee as one of the organs of the Organization; and

 

That the Inter-American Juridical Committee presented its annual report to the Permanent Council, which has submitted its observations and recommendations thereon to the General Assembly,

 

RESOLVES:

 

1.         To welcome the Annual Report of the Inter-American Juridical Committee (CJI) and to forward to said Committee the observations and recommendations made thereon by the Permanent Council.

 

2.         To express its satisfaction with the work of the CJI in dealing with the priority concerns of the Organization in the area of law and, especially, to recognize the support the CJI provides to the General Assembly, the Permanent Council, and that Council’s Committee on Juridical and Political Affairs (CAJP) in preparing the studies requested of it.

 

3.         To thank the CJI for presenting the document “Draft Legislative Guide on Medical-Assisted Fertility” (CJI/RES. 18), and to request it to study in greater depth all aspects of the question of human rights and biomedicine, with a view to presenting a report on the status of international law governing the matter.

 

4.         To thank the CJI for presenting the document “Review of the Rights and Duties of the States under the 1982 Law of the Sea Convention:  An informal guide” (CJI/doc.48/99 rev. 3).

 

5.         To take note of the decision by the CJI to make democracy in the inter-American system one of its priorities and, in particular, its decision to verify the existence of international legal provisions in the Americas that stipulate that democracy is a right and an obligation and, in this context, to request the Committee to prepare a report on the matter.

 

6.         To request the CJI to initiate studies for the design of the agenda and topics of the next Inter-American Specialized Conferences on Private International Law (CIDIP) in order to promote the development of private international law in the inter-American system and to present its proposal during the next Specialized Conference (CIDIP-VI), to be held in Guatemala in November 2001 .[KFC78]

 

7.         To request the CJI to continue studying the different aspects of the enhancement of the administration of justice in the Americas , focusing its efforts at this time on the subject of the access of individuals to justice, maintaining the necessary coordination and the highest possible degree of cooperation with other organs, agencies, and entities of the Organization that work in this area, especially with the Justice Studies Center of the Americas, based in Santiago, Chile.[KFC79]

 

8.         To take note of the studies conducted by the Inter-American Juridical Committee on legal aspects of hemispheric security and to request it to continue to contribute to the work of the Permanent Council’s Committee on Hemispheric Security, when the latter so requests.

 

9.         To request the CJI to pursue its studies on the subject of the legal dimension of integration and of international trade, to limit that study for now to the subject of competition law  and the different forms of protectionism in the Americas, and to conduct a preliminary comparative analysis of existing laws and regulations on competition or protectionism in member states, in such a way as to include a document on the subject in its next annual report, bearing in mind the efforts already under way in the Organization and in other international institutions. [KFC80]

 

10.        To welcome the decision of the CJI to hold its 58th regular session in Ottawa, Canada, from March 12 to 23, 2001, and to recommend that future regular sessions be held in other member states, in accordance with Article 105 of the Charter, so as to publicize more widely and bring about a greater awareness of the work of the Committee, bearing in mind that any regular sessions that the CJI decides to hold away from its headquarters must be funded by its regular budget.

 

11.        To reiterate that it is necessary for the CJI to have a closer relationship with the political bodies of the Organization, especially with the Permanent Council’s Committee on Juridical and Political Affairs and, in this regard, to call upon the Chair of the CJI and the rapporteurs for the various topics that have been included on its agenda to meet with the CAJP whenever the latter so requests.

 

12.        To encourage the CJI to continue to promote regularly the holding of joint meetings with the legal advisers to the ministries of foreign affairs of OAS member states, especially on the occasion of their sessions at the Organization’s headquarters .[KFC81]

 

 
13.        To underscore once again the importance of holding the Course on International Law, organized each year by the CJI and the OAS General Secretariat, as a contribution to better understanding and dissemination of legal topics of concern to the inter-American system, and to support every effort to enable more professors from every subregion to participate in the Course and to increase the number of fellowship-holders attending from the different subregions, and to urge member states to consider the possibility of defraying directly the participation costs of students and professors from their own countries.

 

14.        To support an information system through which the Organization may disseminate to the region’s universities its expertise in the area of international law.

 

 

 
15.        To take note of the agenda adopted by the CJI for its next regular session, and to recommend that it focus its efforts on the topics indicated to be of priority interest to the Organization, bearing in mind the observations made by member states during the presentation of its report and including the agreements and decisions adopted by the General Assembly that are related to its area of competence.

 

16.        To underscore the need to provide the CJI with the administrative and budgetary support required to address adequately the current inter-American legal agenda and to make appropriate recommendations.

CP08488E04

 

 

 


AG/RES. 1773 (XXXI-O/01)

 

CENTENNIAL OF THE INTER-AMERICAN JURIDICAL COMMITTEE

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

BEARING IN MIND that Article 53 [EB82] of the OAS Charter establishes the Inter-American Juridical Committee (CJI) as one of the organs of the Organization and that the Committee is the Organization’s advisory body on juridical matters;

 

BEARING IN MIND ALSO that the purpose of the CJI is to promote the progressive development and codification of international law;

 

RECALLING that the Third International Conference of American States[EB83] [ejy84] , meeting in 1906, established the Permanent Committee of the Inter-American Council of Jurists of Rio de Janeiro[ejy85] , which later came to be called the Inter-American Juridical Committee, and that the Committee will therefore celebrate its centennial in 2006; and

 

NOTING the report presented by the Chair of the CJI at the March 29, 2001, meeting of the Committee on Juridical and Political Affairs of the Permanent Council, which mentioned that the CJI had begun to prepare for the centennial celebration,

 

RESOLVES:

 

1.         To request the Inter-American Juridical Committee (CJI) to prepare a program of activities, publications, and other events for its centennial celebration, for inclusion in its next annual report to the General Assembly, covering the year 2001.

 

2.         To instruct the CJI to ensure that the aforementioned program takes account of the possibility of preparing a draft declaration on the role of the Juridical Committee in the development of inter-American law, for consideration in due course by the General Assembly.

 

3.         To request the CJI to focus the 2006 session of the Course on International Law, held in August each year in Rio de Janeiro, on the topic “The contribution of the Inter-American Juridical Committee to the development of inter-American law.”

 

4.         To request the Permanent Council, through its Committee on Juridical and Political Affairs, and the General Secretariat, through its Secretariat for Legal Affairs, to extend the greatest possible degree of support to the activities of the centennial celebration.

 

5.         To instruct the Permanent Council to transmit this resolution to the CJI.


AG/RES. 1774 (XXXI-O/01)

 

PREPARATION OF A DRAFT INTER-AMERICAN CONVENTION

AGAINST RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE[EB86] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            CONSIDERING that Article II of the American Declaration of the Rights and Duties of Man,[EB87]  signed in Bogotá in 1948, states that all persons are equal before the law and have the rights and duties established therein, without distinction as to race, sex, language, creed, or any other factor;

 

            HAVING SEEN the American Convention on Human Rights[EB88] , signed in San José, Costa Rica, in 1969, Articles 1 and 2 of which prohibit discrimination for reasons of race, color, sex, language, religion, social origin, or any other condition;

 

            TAKING INTO ACCOUNT that operative paragraph 3 of resolution AG/RES. 1271 (XXIV-O/94)[EB89]  calls on the various organs, agencies, and entities of the OAS to adopt timely and effective measures to foster tolerance and eliminate racist and discriminatory behavior;

 

            RECALLING that the International Convention on the Elimination of All Forms of Racial Discrimination[EB90]  was adopted by the United Nations in 1965, and that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will be held in South Africa[EB91]  in 2001 and will be preceded by regional and subregional meetings in preparation for that Conference;

 

            TAKING INTO ACCOUNT that racist and discriminatory practices are incompatible with the effective exercise of representative democracy;

 

            HAVING SEEN resolution AG/RES. 1712 (XXX-O/00), which entrusts the Permanent Council with “studying the need to prepare a draft inter-American convention to prevent, punish, and eradicate racism and all forms of discrimination and intolerance” ;[ejy92]

 

            BEARING IN MIND that consultations with the member states on this subject have been initiated in the Committee on Juridical and Political Affairs and that a number of those states have replied to the questionnaire prepared for that purpose (CP/CAJP-1687/01 rev. 2);

 

            CONSIDERING that it is imperative that the international legal framework be expanded and that national law be strengthened with a view to eliminating all forms of discrimination still existing in the Hemisphere;

 

            BEARING IN MIND the diversity of ethnic groups and cultures that enhance societies in the Hemisphere, as well as the advisability of promoting harmonious relations among them;

 

            CONSIDERING that the Organization should send a clear political signal in favor of eliminating all forms of discrimination; and

 

            TAKING INTO ACCOUNT that the Heads of State and Government, at the Third Summit of the Americas, held in Quebec City, Canada, in April 2001, reaffirmed their commitment to protecting human rights and fundamental freedoms and pledged to eradicate all forms of discrimination, including racism, racial discrimination, xenophobia, and other related intolerance in our societies, [ejy93]

 

RESOLVES:

 

            1.         To instruct the Permanent Council to continue its consideration of the need for a draft inter-American convention to prevent, punish, and eradicate racism and all forms of discrimination and intolerance.

 

            2.         To urge those member states that have not yet done so to reply as soon as possible to the questionnaire on the preparation of a draft inter-American convention against racism and all forms of discrimination and intolerance (CP/CAJP-1687/00 rev. 2).

 

            3.         To request the Inter-American Juridical Committee to facilitate the work of the Permanent Council by preparing a study, taking into account the provisions of international legal instruments on the subject; the replies of member states to the questionnaire on the preparation of a draft inter-American convention against racism and all forms of discrimination and intolerance; the declarations and recommendations of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in South Africa in 2001; those of the Regional Conference of the Americas[JC94]  in preparation for the aforementioned World Conference, held in Chile in 2000; and any contributions made by other bodies of the inter-American system and civil society.

 

            4.         To recommend to the Inter-American Commission on Human Rights that it continue to give special attention to this topic within the framework of inter-American legal instruments now in force.

 

            5.         To request the Permanent Council to present a report on the implementation of this resolution to the General Assembly at its thirty-second regular session.

CP08340E06

 

 

 

 


AG/RES. 1775 (XXXI-O/01)

 

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS

AND THEIR FAMILIES[1]/

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING HEARD the report by the Chair of the Committee on Juridical and Political Affairs concerning the human rights of all migrant workers and their families (CP/ACTA 1276/01);

 

            HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights (IACHR), especially the chapter on the situation of migrant workers and their families (CP/doc.3443/01);[EB95] 

 

CONSIDERING:

 

That the Heads of State and Government gathered at the Third Summit of the Americas in Quebec City, Canada, in April 2001, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and pledged to ensure dignified, humane treatment with appropriate legal protections and to strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants;[EB96] 

 

            That the American Declaration of the Rights and Duties of Man [EB97] proclaims that all persons are equal before the law and have the rights and duties enshrined in that declaration, without distinction as to race, sex, language, creed, or any other factor;

 

            That the American Convention on Human Rights[EB98]  recognizes that essential human rights do not derive from one’s being a national of a particular state, but are based upon attributes of the human person and therefore justify international protection;

 

            That the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families [EB99] establishes the duty of states to ensure for all migrant workers and members of their families, within their territory or subject to their jurisdiction, the rights provided for in the Convention, without distinction as to sex, race, color, language, religion, or conviction; political opinion; national, ethnic, or social origin; nationality; age; economic position; property; marital status; birth; or other status;

 

            That many migrant workers and their families are compelled to leave their places of origin in search of better opportunities;

 

            Advisory Opinion OC-16, issued by the Inter-American Court of Human Rights, on the right to information on consular assistance, within the framework of due process, in cases of foreign nationals detained by authorities of a receiving state[EB100] ; and

 

            The exchange of views conducted, in the context of the Committee on Juridical and Political Affairs, with the International Organization for Migration, [EB101] the Inter-American Commission on Human Rights, and the Inter-American Agency for Cooperation and Development, in which, given the multiple dimensions of the issues affecting migrant workers and members of their families and of the activities of each of those bodies, participants concluded that an interagency approach was needed and that it would be advisable to undertake joint cooperation programs in this field; and

 

            AWARE of the vulnerable situation in which migrant workers and their families find themselves because, inter alia, they move between countries; they do not live in their states of origin; they face difficulties arising from cultural differences, especially with respect to language and customs; and their circumstances often lead to the breakdown of the family,

 

RESOLVES:

 

            1.         To reaffirm that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights take on special importance with respect to protection of the rights of migrant workers and their families.

 

            2.         To urge the member states, in keeping with the Plan of Action of the Third Summit of the Americas, to focus their efforts on universalization of the inter-American human rights system by increasing the number of accessions to its basic instruments, and, in that connection, to consider, as soon as possible, and as appropriate, signing and ratifying, ratifying, or acceding to the American Convention on Human Rights and the other instruments of the system, as well as the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families.

 

            3.         To urge the member states to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.

 

            4.         To reaffirm the duty of States Parties to the 1963 Vienna Convention on Consular Relations[EB102]  to comply with that Convention, including the right to communication between consular officers and their nationals, regardless of immigration status, in case of detention, and the obligation of the States Parties in whose territory the detention occurs to inform the foreign national of that right; and, in this context, to call to the attention of the states Advisory Opinion OC-16 on this matter, issued by the Inter-American Court of Human Rights.

 

            5.         To instruct the Permanent Council to continue supporting the work of the Inter-American Commission on Human Rights in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Intergovernmental Working Group of Experts on the Human Rights of Migrants of the United Nations Commission on Human Rights[ejy103] , those of the International Organization for Migration (IOM), and those of the Inter-American Agency for Cooperation and Development (IACD).

 

            6.         To request the Permanent Council, in accordance with the provisions of the section on migration in the Plan of Action of the Third Summit of the Americas, to:

 

a.                   Study the adoption of measures designed to strengthen cooperation among states to address, with a comprehensive, objective, long-term focus, the manifestations, origins, and effects of migration in the region, as well as promote close cooperation among countries of origin, transit, and destination so as to ensure protection of the human rights of migrants; and

 

b.                   Prepare an inter-American program for the promotion of the human rights of migrants, with the assistance of the appropriate organs and agencies of the inter-American system and of the United Nations.

 

            7.         To invite the Inter-American Commission on Human Rights (IACHR) and the IACD to consider the advisability of adopting joint cooperation programs in this area, taking into account the work done by other organs, agencies, and entities, such as the IOM and the International Labour Organization (ILO).

 

            8.         To request the IACHR to provide the Special Rapporteur for the rights of all migrant workers and members of their families with the necessary and appropriate means to perform his or her duties.

 

9.                To request the IACHR to present–in light of the considerable progress made so far–a report on the status of the rights of all migrant workers and their families prior to the thirty-second regular session of the General Assembly, and, to that end, to invite member states to continue to work with the IACHR.

 

10.        To invite the member states, the permanent observers, the organs, agencies, and entities of the inter-American system, and other sources to contribute to the Voluntary Fund of the Office of the Special Rapporteur for the rights of all migrant workers and members of their families.

 

            11.        To recommend to the Inter-American Council for Integral Development that it support projects and activities on behalf of migrant workers and their families in the spirit of inter-American solidarity, which is a key factor in the integral development of member states.

 

            12.        To request the councils of the Organization to report to the General Assembly at its thirty-second regular session on the implementation of this resolution in their respective areas.

 

 


AG/RES. 1776 (XXXI-O/01)

 

SUPPORT FOR THE UNITED NATIONS CONVENTION
AGAINST TRANSNATIONAL ORGANIZED CRIME
[ejy104] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the Annual Report of the Permanent Council (AG/doc.3790/01) and the Annual Report of the Inter-American Drug Abuse Control Commission (CICAD) (CP/doc.3427/01);

 

            RECALLING its resolution AG/RES. 1731 (XXX-O/00), “Support for the United Nations Convention on Transnational Organized Crime”[ejy105] ;

 

            RECALLING FURTHER that the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials; the Inter-American Convention against Corruption; and the Multilateral Evaluation Mechanism (MEM) of CICAD[ejy106]  represent significant contributions to the fight against transnational organized crime in the Hemisphere;

 

            BEARING IN MIND the need to reinforce further the fight against transnational organized crime in accordance with the commitments undertaken by the Heads of State and Government at the Second and the Third Summit of the Americas;

 

cp08401e01

 
            BEARING IN MIND ALSO that the Heads of State and Government at the Third Summit of the Americas recognized the important contribution that the United Nations Convention against Transnational Organized Crime[ejy107]  and its three protocols would make to the fight against organized crime in the Hemisphere; and

 

            REAFFIRMING that the member states of the OAS can play a fundamental role in the strengthening of international cooperation against transnational organized crime,

 

RESOLVES:

 

            1.         To urge all OAS member states to consider signing and ratifying, ratifying, or acceding to, as soon as possible and as the case may be, the United Nations Convention against Transnational Organized Crime; its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; and its Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components, and Ammunition,[ejy108]  once the latter Protocol is open for signature.

 

 

 
            2.         To request the General Secretariat to transmit this resolution to the United Nations Secretariat.


AG/RES. 1777 (XXXI-O/01)

 

IMPLEMENTATION OF THE INTER-AMERICAN PROGRAM ON THE PROMOTION OF WOMEN’S HUMAN RIGHTS AND GENDER EQUITY AND EQUALITY[EB109] [KFC110] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN resolution AG/RES. 1625 (XXIX-O/99), “Status of Women in the Americas and Strengthening and Modernization of the Inter-American Commission of Women,[ejy111] ” which called a meeting of ministers or of the highest-ranking authorities responsible for the advancement of women in the member states and requested the Inter-American Commission of Women (CIM), acting as coordinator for the aforementioned meeting, to prepare a draft agenda that was to include approval of the [KFC112] "Draft Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality[KL113] ";

 

            BEARING IN MIND the mandates contained in resolution AG/RES. 1732 (XXX-O/00), “Adoption and Implementation of the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality”[ejy114] ;

 

CONSIDERING that the objective of the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality is to integrate a gender perspective as a decisive strategy in implementing the Program and in attaining its ultimate purpose, which is the promotion and protection of women’s human rights and gender equity and equality;

 

REAFFIRMING the commitment undertaken at the highest level to protect the human rights and fundamental freedoms of all, to eradicate all forms of discrimination, and to promote equality, as expressed in the Declaration of Quebec City of the Third Summit of the Americas; and

 

EMPHASIZING that the adoption of the Inter-American Program reaffirmed the states’ commitment to combat all forms of discrimination and to promote equal rights and opportunities for women and men, with a gender perspective, which will require the ongoing participation of the OAS and, in particular, of the CIM, as the principal forum for generating hemispheric policy on gender equity and equality, as well as cooperation between the OAS and the different regional and subregional agencies and entities,

 

RESOLVES:

 

1.                   To receive with satisfaction the first report on the implementation and promotion of the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality, in fulfillment of resolution AG/RES. 1732 (XXX-O/00[EB115] ).

 

2.                   To reaffirm the governments’ commitment to integrate a gender perspective into their national programs and policies.

 

3.                   To welcome the work of the Secretary General and urge him to continue his efforts to implement the objectives of the Inter-American Program and promote the integration of a gender perspective in the Organization’s activities, policies, programs, projects, and agendas.

 

4.                   To instruct the Secretary General and the Permanent Council to assign to the Inter-American Commission of Women, in the program-budget for 2002, the human and financial resources it needs to act as an organ for follow-up, coordination, and evaluation of the Inter-American Program and of actions taken to implement that Program, bearing in mind the other priorities of the Organization.

 

5.                  

CP08135E01

 
To request voluntary contributions to accelerate the implementation of the Inter-American Program.

 

6.                   To request the Secretary General to report to the General Assembly, at its thirty-second regular session, on activities undertaken by all organs, agencies, and entities of the OAS to implement the Inter-American Program and to present recommendations to the General Assembly for its further implementation.

 


AG/RES. 1778 (XXXI-O/01)

 

ANNUAL REPORT OF THE INTER-AMERICAN DRUG ABUSE

CONTROL COMMISSION

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the Annual Report of the Inter-American Drug Abuse Control Commission (CICAD) (CP/doc.3427/01) and the observations and recommendations of the Permanent Council thereon (AG/doc.3940/01);

 

            REAFFIRMING its commitment to the principles and purposes set forth in the Inter-American Program of Action of Rio de Janeiro against the Illicit Use and Production of Narcotic Drugs and Psychotropic Substances and Traffic Therein, of 1986, and in the Anti-Drug Strategy in the Hemisphere[EB116] ;

 

            RECOGNIZING the important contribution the establishment and implementation of the Multilateral Evaluation Mechanism (MEM) has made toward strengthening hemispheric cooperation to fight the drug problem; and

 

            CONSIDERING the progress that the member states have made in combating drug trafficking and abuse at all levels and the important role that CICAD plays in supporting their efforts,

 

RESOLVES:

 

1.                   To take note with appreciation of the programs and projects of the Inter-American Drug Abuse Control Commission (CICAD) to implement the drug-control mandates in the plans of action of the Second and the Third Summit of the Americas.

 

2.                   To request CICAD to examine the advisability of updating the Anti-Drug Strategy in the Hemisphere, of 1996, to reflect member states’ renewed determination to combat all aspects of the changing problem of drugs in the Hemisphere, taking into consideration the results of implementation of the Multilateral Evaluation Mechanism (MEM).

 

3.                   To welcome the successful implementation of the first round of the MEM and to request CICAD to continue to support the development and strengthening of the Mechanism, in particular the execution of the second round, in keeping with the changes made in the evaluation process.

 

4.                   To urge CICAD to continue to offer technical cooperation for developing national demand-reduction strategies and to seek to strengthen training programs for health professionals, teachers, and social workers on drug-use prevention and treatment.

 

5.                   To recommend to member states that they seek to expand and improve their infrastructure for the delivery of prevention, treatment, and rehabilitation services and to request CICAD to assist countries, when required, in developing proposals to raise the necessary international cooperation funding.

 

6.                   To recommend to member states that they broaden cooperation to improve the application of the pre-export notification mechanism for controlled chemical substances, to prevent their diversion for illicit use, and to request CICAD to continue to provide the technical assistance needed to facilitate cooperation in this area.

 

7.                   To instruct CICAD to continue to implement cooperation projects aimed at preventing and reducing illicit crops in member states by establishing viable, sustainable economic and social development alternatives.

 

8.                   To urge member states, permanent observers, and international trade institutions to seek to maintain and strengthen trade preference systems that support regional alternative development programs aimed at reducing illicit crops in the region, such as the Andean Trade Preference Act, the Caribbean Basin Initiative, the special provisions of the Generalized System of Preferences of the European Union (EU) for the Andean and Central American countries, and the agreement between the EU and the African, Caribbean, and Pacific countries (Lomé Convention).

 

9.                   To urge member states to implement, in their respective laws, the recommendations in the Commission’s Model Regulations concerning Laundering Offenses Connected to Illicit Drug Trafficking and Other Serious Offenses; Model Regulations to Control Chemical Substances Used in the Illicit Production of Narcotic Drugs and Psychotropic Substances; and Model Regulations for the Control of the International Movement of Firearms, Their Parts and Components and Ammunition[KFC117] .

 

10.               To request CICAD to continue to support member states that so request in establishing units with financial intelligence functions and to expand training activities conducted jointly by CICAD and the Inter-American Development Bank for law enforcement and court officials who deal with money laundering.

 

11.               To recognize CICAD’s contribution, through its institution-building program, to preparing and modernizing national anti-drug plans and strengthening national drug-control commissions, particularly in the countries of Central America and the Caribbean.

 

12.               To request CICAD’s Inter-American Observatory on Drugs to continue to support the member states in developing national systems for gathering statistical data and documentary information on all aspects of the drug problem.

 

13.               To urge member states, permanent observers, and international financial institutions to continue to help finance the programs and projects implemented by CICAD in fulfillment of its work plan, in particular its demand reduction and illicit crop prevention and reduction programs.

 

14.               To recommend that member states adopt and strengthen information exchange and international cooperation mechanisms on money laundering, control of chemicals, and legal assistance, including the signature of international agreements.

 

15.               To underscore the importance of collaboration and coordination between the Executive Secretariat of CICAD and the United Nations International Drug Control Programme (UNDCP), the International Narcotics Control Board (INCB), the Financial Action Task Force (FATF[KFC118] ) of the Organization for Economic Cooperation and Development (OECD), and other competent international organizations.

 

16.               To thank CICAD for its annual report for 2000 (CP/doc.3427/01).[KFC119] 

 

17.               To endorse the observations and recommendations of the Permanent Council on CICAD's annual report and transmit them to the Commission.

CP08358E01

 

 

 

 


AG/RES. 1779 (XXXI-O/01)

 

EVALUATION OF PROGRESS IN DRUG CONTROL:  FIRST ROUND OF

THE MULTILATERAL EVALUATION MECHANISM OF THE
INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION

 

(Resolution adopted at the fourth plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            RECOGNIZING once again that the fight against drugs is a joint responsibility and that, given its transnational nature, it must be addressed by means of a comprehensive and balanced approach within the framework of international cooperation;

 

            CONSIDERING that the establishment and application of the Multilateral Evaluation Mechanism (MEM) as an ongoing governmental process within the Inter-American Drug Abuse Control Commission (CICAD) is a step forward in the direction of strengthening mutual trust and cooperation as the only means to cope with the drug problem in the Hemisphere;

 

            HAVING SEEN the reports of the first round of the MEM conducted by CICAD in 1999-2000 pursuant to the mandate from the Second Summit of the Americas (Santiago, 1998), which were approved by CICAD at its first special session, held in December 2000;

 

            CONSIDERING that the MEM reports were transmitted to the Third Summit of the Americas, which took place in Quebec City, Canada, in April 2001, and that the Heads of State and Government reiterated their commitment to strengthen that instrument to make it the central pillar of hemispheric cooperation and the design of effective policies to combat the drug problem in all its manifestations; and

 

            TAKING INTO ACCOUNT the important role that CICAD plays in the inter-American effort to fight the drug problem in all its aspects and the great importance of the mandates of the Summits of the Americas,

 

RESOLVES:

 

1.                   To note with satisfaction the 34 national reports and the hemispheric report of the Multilateral Evaluation Mechanism (MEM), approved at the first special session of the Inter-American Drug Abuse Control Commission (CICAD) in December 2000 and presented to the Third Summit of the Americas in fulfillment of the mandate from the Second Summit of the Americas.

 

2.                   To recognize the importance of the MEM as a tool for the objective measurement of the efforts made by member states and the Hemisphere as a whole to combat the drug problem and strengthen international cooperation.

 

3.                   To endorse the recommendations contained in the national and hemispheric MEM reports and to urge member states to make every possible effort to implement these recommendations.

 

4.                   To instruct CICAD to offer the necessary technical assistance for the effective implementation of all recommendations by member states.

 

5.                   To congratulate the governments of the member states for their support and active participation during the first round of the evaluation process in 1999-2000 and to urge them to continue lending firm political backing to and support the funding of the MEM through voluntary contributions with a view to making it permanent.

 

6.                   In the context of future sessions of the General Assembly, to strengthen political dialogue at the highest possible level on the region’s achievements in the fight against drugs, taking into account the results obtained in the implementation of the MEM and the experiences of the member states.

 

7.                   To instruct the Executive Secretariat of CICAD to continue supporting the work of the MEM, in particular with regard to all matters related to conducting the second round of evaluations.

 

8.                   To instruct CICAD to report, through the Permanent Council, to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 

 

 


AG/RES. 1780 (XXXI-O/01)

 

AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES. 1549 (XXVIII-O/98), and AG/RES. 1708 (XXX-O/00)[EB120] ;

 

            CONSIDERING the priority attached to the indigenous issue at the hemispheric level and the importance of the discussions on the Draft American Declaration on the Rights of Indigenous Peoples conducted in the course of the Organization’s work;

 

            CONVINCED of the need to continue supporting efforts to reach a prompt and successful conclusion to negotiations on the aforementioned Draft Declaration;

 

            RECOGNIZING the legal progress made on indigenous matters in the Hemisphere as various states have incorporated the multiethnic, pluricultural, and multilingual nature of the respective societies into their constitutional and legislative systems;

 

            BEARING IN MIND the commitments made on this subject by the Heads of State and Government in the Declaration of Quebec City and the Plan of Action of the Third Summit of the Americas;

 

            NOTING WITH SATISFACTION that, pursuant to resolution AG/RES. 1708 (XXX-O/00), the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples met in Washington D.C., from April 2 to 6, 2001, with ample participation by indigenous representatives from the Hemisphere, and made considerable progress;

 

            FURTHER NOTING the conclusions and recommendations of the Hemispheric Conclave of Representatives of Indigenous Peoples of the Americas[EB121] , held in Guatemala, and the Indigenous Peoples Summit of the Americas[EB122] , held in Ottawa, Canada, both in 2001; and

 

            NOTING WITH SATISFACTION the report of the Chair of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples (GT/DADIN/doc.23/01 rev. 1),

 

RESOLVES:

 

1.                   To request the Permanent Council to continue considering the Draft American Declaration on the Rights of Indigenous Peoples.

 

            2.         To request the Permanent Council to study the possibility of establishing a specific body under the aegis of the Permanent Council to serve as the appropriate setting for a high-level discussion of the Draft American Declaration on the Rights of Indigenous Peoples as it relates to the mandate contained in the Declaration of Quebec City and the Plan of Action of Third Summit of the Americas.  The mandate of that body will be to continue consideration of the above-mentioned Draft Declaration until it is adopted and for that purpose to hold at least one special working meeting no later than the second week of March 2002 and before the thirty-second regular session of the General Assembly, in accordance with the resources allocated in the program-budget and other resources.

 

            3.         To recommend to the Permanent Council that it continue pursuing mechanisms for the accreditation and the appropriate means of participation in its deliberations of representatives of indigenous peoples so that their observations and suggestions may be taken into account.

 

CP08441E04

 

CPSC01085S01

 
            4.         To recommend to the Permanent Council the establishment of a specific fund consisting of voluntary contributions to support the participation of representatives of indigenous peoples in meetings related to the Draft Declaration.  Mechanisms should also be sought to ensure indigenous participation

CPSC01085E04

 
in the utilization of the fund.

 

CPSC01085S01

 
            5.         To request the Inter-American Commission on Human Rights, the Inter-American Juridical Committee, the Inter-American Indian Institute, and other international agencies and entities to provide the support and advice required for the work of the Permanent Council.

 

            6.         To request the Permanent Council to present a report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 

 


AG/RES. 1781 (XXXI-O/01)

 

MEETING OF MINISTERS OF JUSTICE OR OF

MINISTERS OR ATTORNEYS GENERAL OF THE AMERICAS

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on the conclusions and recommendations of the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (CP/doc.3478/01);

 

            BEARING IN MIND that, in the Plan of Action of the Third Summit of the Americas, the Heads of State and Government decided to “continue to support the work done in the context of the Meetings of Ministers of Justice and Attorneys General of the Americas, whose Fourth Meeting will take place in Trinidad and Tobago, as well as subsequent meetings, and the implementation of their conclusions and recommendations”[EB123] ;

 

            BEARING IN MIND ALSO that, through its resolution AG/RES. 1615 (XXIX-O/99[EB124] ), the General Assembly resolved to thank the Government of Trinidad and Tobago for its generous offer to host the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas and to accept that offer;

 

            HAVING SEEN the relevance of the results of the pilot stage of the project for  the information-exchange network  on mutual legal assistance and its importance vis-à-vis the objectives of the fight against crime, facilitation of access to justice and connectivity, and strengthening of cooperation in these areas; and

 

CONSIDERING:

 

That, pursuant to resolution AG/RES. 1698 (XXX-O/00), [EB125] the General Assembly transmitted the conclusions and recommendations of the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-III/doc.14/00 rev. 2)[EB126] , as applicable, to the organs, agencies, and entities of the inter-American system, for implementation as appropriate;

 

That, pursuant to the said resolution, AG/RES. 1698 (XXX-O/00), the General Assembly instructed the Permanent Council to follow up on the implementation of said conclusions and recommendations, giving special emphasis to those that are to be implemented within the framework of the OAS[EB127] ; and

 

That, pursuant to resolution AG/RES. 1763 (XXX-O/00[EB128]) , the General Assembly instructed the Permanent Council to carry out the activities mentioned in that resolution within the resources allocated in the program-budget and other resources[EB129] ,

 

RESOLVES:

 

1.                   To convene the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, to be held in Trinidad and Tobago in 2001, and to instruct the Permanent Council to prepare, with the assistance of the General Secretariat, the agenda and the preliminary documents for the meeting and to set a date for it.

 

2.                   To instruct the Permanent Council to continue following up on the implementation of the conclusions and recommendations adopted by the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-III/doc.14/00 rev. 2), pursuant to the provisions of resolutions AG/RES. 1698 (XXX-O/00) and AG/RES. 1763 (XXX-O/00), and also to request the ministers of justice or ministers or attorneys general to consider continuing the project for the information-exchange network on mutual legal assistance and to seek to implement it throughout the Hemisphere.

 

3.         To instruct the Permanent Council to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 

 

 


AG/RES. 1782 (XXXI-O/01)

 

PROMOTION OF DEMOCRACY

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the report of the Permanent Council (CP/doc.3479/01) and the report of the Chair of the Working Group on Representative Democracy on the special meetings on “The issue of representation:  electoral systems, political parties, and citizen participation” and “Institutional weaknesses and governance” (CP/CAJP-1786 /01);

 

BEARING IN MIND that the stability and strengthening of democracy and the enhancement of the quality thereof through efficient government administration are priority objectives, as indicated by the Heads of State and Government in the Plan of Action of the Third Summit of the Americas;

 

MINDFUL of the marked interdependence of democracy, economic and social development, and human rights noted in the Plan of Action of the Third Summit of the Americas and the mandates assigned to the Organization contained in Chapter 1 of said Plan of Action, “Making Democracy Work Better[EB130] ”;

 

BEARING IN MIND that the Charter of the Organization of American States establishes, in its preamble, "that representative democracy is an indispensable condition for the stability, peace and development of the region" and that one of its essential purposes is "to promote and consolidate representative democracy[EB131] ";

 

RECALLING the 1991 Santiago Commitment to Democracy and the Renewal of the Inter-American System[EB132] , the 1992 Declaration of Nassau, and the 1993 Declaration of Managua for the Promotion of Democracy and Development[EB133] ;

 

MINDFUL of its resolutions on the defense, promotion, strengthening, and consolidation of representative democracy, cited in resolution AG/RES. 1721 (XXX-O/00); [EB134] and

 

CONSIDERING the advisability of strengthening ties of cooperation and coordination among the policy-making bodies of the Organization and the areas of the General Secretariat, as well as with the various organs, agencies, and entities of the inter-American system, such as the Inter-American Juridical Committee, with a view to studying in greater depth the topics on the hemispheric agenda in the area of the promotion and consolidation of representative democracy,

 

RESOLVES:

 

1.                   To take note of the report of the Permanent Council on its activities relating to the promotion of democracy.

 

2.                   To note with satisfaction the report of the Chair of the Working Group on Representative Democracy and the special meetings of the Group, with the participation of government and academic experts, on "electoral systems, political parties, representation, and citizen participation,[EB135] " held on December 6, 2000; and on "institutional weaknesses and democratic governance,[EB136] " held on April 12, 2001 (CP/CAJP-1800/01 rev. 1)[EB137] , in keeping with resolution AG/RES. 1721 (XXX-O/00); and to instruct the General Secretariat to publish the report during the 2001-2002 period.

 

3.                   To note with satisfaction the work of the Unit for the Promotion of Democracy (UPD), and to urge it to continue to support the member states in their efforts to strengthen democratic institutions, particularly legislatures, civil and electoral registries, and bodies responsible for policies on decentralization and citizen participation, and to consolidate the values and practices of a democratic political culture, emphasizing dialogue, the involvement of youth and of sectors that shape public opinion, and the strengthening of political parties.

 

4.                   To instruct the Permanent Council, in the context of the dialogue on the modernization of the OAS and the renewal of the inter-American system, to study ways of bringing its political bodies into line with the priority attached to democracy by the Heads of State and Government at the Third Summit of the Americas.

 

5.           To instruct the Permanent Council, through its respective body, to:[ejy138] 

 

a.                   Pursue its comprehensive consideration of the topics identified as priorities in the Summits of the Americas process and on the inter-American agenda in terms of the promotion and consolidation of democracy and, for purposes of studying such topics, invite the organs, agencies, and entities of the system, such as the Inter-American Juridical Committee, as well as government and academic experts, and organize special meetings for that purpose, when it deems it necessary.

 

b.                   Continue providing any guidance necessary to the General Secretariat with respect to the activities it may carry out in the area of democracy and, in particular, to the UPD, on the basis of the priorities established by the Heads of State and Government in the Summits process and in the inter-American agenda.

 

c.                   Study and approve, by the end of 2001, the UPD Work Plan for 2002, ensuring that said plan includes programs and activities in pursuit of the mandates related to the promotion and consolidation of democracy assigned to the OAS at the Third Summit of the Americas.

 

d.                   Examine the progress reports on the activities carried out by the UPD in pursuit of the objectives contained in its respective Work Plan, including information on the level of budget execution, which will be presented to the pertinent body by the General Secretariat, through appropriate channels, within 45 days following the end of each quarter, and include its comments and observations in its annual report.

 

e.                   Continue studying the updated annual inventory of activities relating to the promotion of democracy in each area of the OAS General Secretariat, and receive detailed oral reports thereon from the person in charge of the area, unit, or office concerned.

 

f.                    Continue studying the implementation of resolution AG/RES. 1637 (XXIX-O/99), "Permanent Specific Fund to Finance Activities Related to OAS Electoral Observation Missions[EB139], " seeking possible alternatives for the fund’s operation.

 

6.         To request the General Secretariat to:

 

a.                  

 

 
Consolidate ties and coordination among the various areas, units, and offices for the execution of programs and activities relating to the promotion of representative democracy, and to do so with the collaboration of the various organs, agencies, and entities of the system, so as to give due attention to and fulfill the mandates of the Summits of the Americas and of the General Assembly.

 

b.                  

CPSC01105E04

 
Propose, through the UPD and in coordination with other units and the organs, agencies, and entities of the system, the inclusion of the specific programs and activities for adequately addressing and complying with the mandates contained in Chapter 1 of the Plan of Action of the Third Summit of the Americas, “Making Democracy Work Better[KFC140]. .

 

c.                   Incorporate the topics addressed and the concerns raised during the aforementioned special meetings of the Working Group on Representative Democracy, through the UPD, when preparing its work plans and programs.

 

d.                   Regularly update, through the UPD, the annual inventory of activities relating to the promotion of representative democracy.

 

7.         To instruct the Permanent Council to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 


AG/RES. 1783 (XXXI-O/01)

 

OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT

OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS[2]/

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

HAVING SEEN the annual report of the Inter-American Commission on Human Rights (IACHR), the presentation thereof by the President of the Commission (CP/CAJP-1808/01), and the observations and recommendations of the Permanent Council on the annual report of the IACHR (CP/doc.3480/01);

 

CONSIDERING:

 

That in their Charter the member states of the Organization of American States have proclaimed as one of their principles respect for the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;

 

That, under the OAS Charter and the American Convention on Human Rights, the principal function of the IACHR is to promote the observance and protection of human rights;

 

That the Heads of State and Government expressed in the Declaration of Santiago of the Second Summit of the Americas (Santiago, 1998) that “respect for and promotion of human rights and the fundamental freedoms of all individuals is a primary concern of our governments”;

 

That, in the Declaration of Quebec City of the Third Summit of the Americas (Quebec City, 2001), the Heads of State and Government stated that their “commitment to full respect for human rights and fundamental freedoms is based on shared principles and convictions” and that they supported “strengthening and enhancing the effectiveness of the inter American human rights system, which includes the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights”; and

 

That the member states have reaffirmed the inextricable link between human rights, democracy, and development;

 

RECOGNIZING that the universal protection and promotion of human rights are fundamental if democratic societies are to function properly, and underscoring the importance of respect for the rule of law, equitable and effective access to justice, and participation by all sectors of society in public decision-making; and

 

RECALLING that unfailing respect for the provisions of international human rights law is the basis for the legitimate action of the organs for the promotion and protection of human rights and of those states that have undertaken, through international instruments, to respect such provisions,

 

RESOLVES:

 

1.         To take note of the annual report of the Inter-American Commission on Human Rights (IACHR) and to thank the Commission for presenting it.

 

2.         To receive with satisfaction the report of the Permanent Council on the observations and recommendations of the member states on the annual report of the IACHR and to transmit that report to the Commission.

 

3.         To recommend to the IACHR that it take account of the concerns and observations of some member states on the form and content of its annual report, in particular, those pertaining to the report of the Special Rapporteur for freedom of expression.

 

4.         To urge the IACHR to continue to promote the observance and protection of human rights, in keeping with the provisions governing its competence and operations, in particular, the OAS Charter, the American Convention on Human Rights, and the Commission’s Statute and Rules of Procedure.

 

5.         To recognize the work of the Commission in this area, and to urge the member states to continue their collaboration with the Commission and their support for those efforts.

 

CPSC01121E03

 

CPSC01121S01.doc

 
6.         To urge those member states of the OAS that have not yet done so to focus, pursuant to the Plan of Action of the Third Summit of the Americas, on the universalization of the inter-American human rights system by increasing the number of accessions to its basic instruments and, in that regard, to consider as early as possible the signature and ratification of, ratification of, or accession to, as appropriate, the American Convention on Human Rights and other instruments of the system.

 

7.         To instruct the Permanent Council to promote, in the coming fiscal periods, an adequate increase in the resources allocated to the IACHR, given that the protection of human rights is a fundamental priority of the Organization.

 

8.          To request the Permanent Council to present a report on the implementation of this resolution to the General Assembly at its thirty-second regular session.

 

 


AG/RES. 1784 (XXXI-O/01)

 

MECHANISM FOR FOLLOW-UP OF IMPLEMENTATION OF

THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on the Mechanism for Follow-up of Implementation of the Inter-American Convention against Corruption (CP/doc.3481/01);

 

            BEARING IN MIND that the purposes of the Inter-American Convention against Corruption are to promote and strengthen the development, by each of its States Parties, of the mechanisms needed to prevent, detect, punish, and eradicate corruption, and to promote, facilitate, and regulate cooperation among the States Parties to ensure the effectiveness of measures and actions to combat acts of corruption in the performance of public functions and those specifically related to such performance;

 

            RECALLING that, through resolution AG/RES. 1723 (XXX-O/00), “Enhancement of Probity in the Hemisphere and Follow-up on the Inter-American Program for Cooperation in the Fight against Corruption,”[141]  the Permanent Council was requested to analyze existing regional and [142] international follow-up mechanisms with a view to recommending, by the end of the year 2000, the most appropriate model that States Parties could use, if they should think fit, to monitor implementation of the Inter-American Convention against Corruption; and that said[143] [144]  recommendation would be transmitted to the States Parties to the Convention for them to choose the course of action they deemed most appropriate;

 

            ACKNOWLEDGING WITH SATISFACTION the efforts of the Working Group on Probity and Public Ethics, which laid the foundation for the Recommendation of the Permanent Council to States Parties on the Mechanism for Follow-up of Implementation of the Inter-American Convention against Corruption, in a process that fostered broad participation by all member states of the Organization;

 

            HAVING TAKEN NOTE of the Recommendation of the Permanent Council to States Parties on the Mechanism for Follow-up of Implementation of the Inter-American Convention against Corruption  [CP/RES. 783 (1260/01)];[ejy145]

 

            CONSIDERING that the Working Group on Probity and Public Ethics convened the Meeting of Government Experts to Prepare for the Conference of States Parties to the Inter-American Convention against Corruption, held in Washington, D.C., from March 21 to 23, 2001, which resulted in a set of recommendations to be considered at the First Conference of States Parties to the Inter-American Convention against Corruption, as recommended by the Permanent Council;

 

            EXPRESSING APPRECIATION to the Argentine Republic for having hosted the First Conference of States Parties to the Inter-American Convention against Corruption on the Mechanism for Follow-up on Implementation of the Convention;

 

            CONSIDERING ALSO that the Inter-American Convention against Corruption has been signed by 26 member states and ratified by 22, which means that four additional states ratified the Convention in the past year;

 

            BEARING IN MIND that the Plan of Action of the Third Summit of the Americas affirms the decision of the Heads of State and Government to “support the establishment as soon as possible, taking into consideration the recommendation of the OAS of a follow-up mechanism for the implementation of the Inter-American Convention against Corruption by States Parties to this instrument”; and

 

            AWARE that the First Conference of States Parties to the Inter-American Convention against Corruption was held in Buenos Aires, Argentina, from May 2 to 4, 2001, to establish a mechanism for follow-up on implementation of the Convention and that a consensus was reached during that conference and recorded in the “Report of Buenos Aires on the Mechanism for Follow-up on Implementation of the Inter-American Convention against Corruption,” which is attached hereto,

 

RESOLVES:

 

            1.         To express its appreciation to the Permanent Council for its timely adoption of the Recommendation to States Parties on the Mechanism for Follow-up of Implementation of the Inter-American Convention against Corruption.

 

            2.         To thank the Government of the Argentine Republic for having hosted the First Conference of States Parties to the Inter-American Convention against Corruption on the Mechanism for Follow-up on Implementation of the Convention.

 

            3.         To welcome the adoption of the Report of Buenos Aires on the Mechanism for Follow-up on Implementation of the Inter-American Convention against Corruption, which reflects the consensus reached by the States Parties to the Inter-American Convention against Corruption in relation to the mechanism for follow-up on implementation of that inter-American instrument.

 

            4.         To urge those member states of the OAS that have not yet done so to sign or ratify, as appropriate, the Inter-American Convention against Corruption, and to participate actively in the mechanism for follow-up on its implementation.

 

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            5.         To invite states that are not members of the Organization, in particular the OAS permanent observers, to accede[ejy146]  to the Inter-American Convention against Corruption, in accordance with Article XXIII [ejy147] thereof.

 

            6.         To request the General Secretariat to take the necessary measures, within the resources allocated in the program-budget and other resources, to provide secretariat services to the Mechanism for Follow-up of Implementation of the Inter-American Convention against Corruption and to carry out the tasks entrusted to it in that area.


APPENDIX I

 

 

MINUTES OF THE BUENOS AIRES MEETING

 

 

On May 2 to 4, 2001, the States Parties to the Inter-American Convention against Corruption met to establish a mechanism for follow-up on implementation of the Convention.

 

The meeting was held with the participation of delegations from the following States Parties:  Argentina, The Bahamas, Bolivia, Canada, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Mexico, Nicaragua, Panama, Paraguay, Peru, United States, Republic of Uruguay, and Venezuela, and with the participation of representatives from the following states not party to the Convention:  Brazil, Guatemala, and Haiti.  Representatives of the Inter-American Development Bank and the Organisation for Economic Cooperation and Development also participated.

 

The General Secretariat of the OAS provided secretariat services for this First Conference.

 

The First Conference is the result of work carried out in the framework of the OAS Working Group on Probity and Public Ethics pursuant to OAS General Assembly resolution AG/RES. 1723 (XXX-O/00).  In addition, the recommendations of the meeting of the Group of Experts held in Washington, D.C., March 21 to 23, 2001, pursuant to OAS Permanent Council resolution CP/RES. 783 (1260/01), were the terms of reference considered at the Conference.

 

As a result of the discussion that took place in Buenos Aires, the First Conference of States Parties reached consensus, details of which are given in the report attached hereto, the “Report of Buenos Aires on the Mechanism for Follow-up on Implementation of the Inter-American Convention against Corruption,” which will be submitted to the Conference of the States Parties to the Inter-American Convention for its consideration and possible adoption at the meeting thereof to be held during the thirty-first regular session of the General Assembly of the OAS, in San José, Costa Rica, from June 3 to 5, 2001.

 

Done in Buenos Aires, on the fourth day of May, 2001.

 

 


REPORT OF BUENOS AIRES ON THE MECHANISM FOR FOLLOW-UP

ON IMPLEMENTATION OF THE INTER-AMERICAN CONVENTION

AGAINST CORRUPTION

 

PREAMBLE

 

 

The purpose of the Inter-American convention against Corruption is to promote and strengthen cooperation among the States Parties and to develop the mechanisms needed to prevent, detect, punish, and eradicate corruption.

 

Considerable progress has already been made in implementing the provisions of the Inter-American Convention against Corruption at the national level, and significant developments have also taken place at subregional and international levels, especially through the Inter-American Program for Cooperation in the Fight against Corruption.

 

A mechanism to follow-up on and review how such developments are being implemented and to facilitate cooperation among States Parties and among all member states of the OAS will assist in attaining the objectives of the Convention.  This mechanism must take account of the need for gradual progress in attaining those objectives and must support programs for implementation of the Convention pursued by the States Parties.

 

            This mechanism is established in fulfillment of the Plan of Action signed at the Third Summit of the Americas, in Quebec City, Canada, in whose chapter on corruption the Heads of State and Government undertook to support the establishment, as soon as possible, taking into consideration of the recommendation of the OAS, of a follow-up mechanism for the implementation of the Inter-American Convention against Corruption by the States Parties to this instrument[KL148] .

 

 

1.         Purposes

 

            The purposes of the mechanism shall be:

 

a.                  To promote the implementation of the Convention and contribute to attaining the purposes set forth in Article II thereof;

 

b.                  To follow up on the commitments made by the States Parties to the Convention and to study how they are being implemented; and

 

c.                  To facilitate technical cooperation activities; the exchange of information, experience, and best practices; and the harmonization of the legislation of the States Parties.

 

 

2.         Basic principles

 

            Development of the mechanism for follow-up of the commitments of the States Parties to the Convention shall be guided by the purposes and principles established in the Charter of the Organization of American States.  Therefore, the powers accorded to it and the procedures it follows shall take account of the principles of sovereignty, nonintervention, and the juridical[KL149]  equality of the states, as well as the need to respect the Constitution and the fundamental principles of the legal system of each State Party.

 

 

3.         Characteristics

 

            The mechanism for follow-up of implementation of the Convention shall be intergovernmental in nature and shall have the following characteristics:

 

a.         It shall be impartial and objective in its operations and in the conclusions it reaches.

 

b.         It shall ensure equitable application and equal treatment among States Parties.

 

c.         It shall not entail the adoption of sanctions.

 

d.         It shall establish an appropriate balance between the confidentiality and the transparency of its activities.

 

e.         It shall be conducted on the basis of consensus and cooperation among States Parties.

 

 

4.         Members of the follow-up mechanism

 

            Only States Parties to the Convention shall participate in the follow-up mechanism.

 

 

5.         Structure and responsibilities

 

            The follow-up mechanism shall be comprised of two bodies:  the Conference of the States Parties and the committee of experts.

 

            All States Parties shall be represented in the Conference.  It shall have general authority to implement and responsibility for implementation of the mechanism and shall meet at least once each year.

 

            The committee shall be comprised of the experts appointed by each of the States Parties.  It shall be responsible for technical analysis of the implementation of the Convention by the States Parties, among other tasks related to this main function.  The Committee may request assistance and guidance from the Conference, which shall meet to consider such requests.

 

            Secretariat services for the mechanism shall be provided by the General Secretariat of the Organization of American States.

 

 

6.         Headquarters

 

            The headquarters for the follow-up mechanism shall be at the headquarters of the Organization of American States.

 

 

7.                   Activities

 

a.         The Committee shall adopt and disseminate its rules of procedure and other provisions.

 

            b.         Country reports

 

                        i.          Selection of provisions and methodology

 

                        The committee of experts shall select, from among the provisions of the Convention, those whose application by the States Parties may be reviewed, seeking to maintain general balance among the various types of provision contained in the Convention, and shall determine the length of time it will devote to this task, which shall be known as a “round.”  The committee shall devise a method for the review of each provision, designed to ensure that sufficient reliable information will be obtained.  The Committee shall publish the information referred to in this paragraph.

 

                        At each round, the Committee shall prepare a questionnaire on the provisions selected, based on OAS document CP/GT/PEC-68/00 rev. 3, “Questionnaire on Ratification and Implementation of the Inter-American Convention against Corruption,” and shall forward it to those States Parties to be reviewed.  The States Parties shall undertake to reply to the questionnaire by the deadline established by the committee.  The replies to the questionnaire shall be distributed to all committee members.

 

ii.                         Selection of countries

 

                        The Committee shall use an impartial method for setting the dates for review of the information on each State Party, such as their presentation on a voluntary basis, chronological order of ratification of the Convention, or lot.  The Committee shall give adequate advance notice of the dates for the review of each State Party during each round.

 

                        iii.         Review of information and preliminary report

 

                        To expedite its work, the committee shall establish a subgroup in each case, comprised of experts from two States Parties, which shall review, with support from the Secretariat, the information on each State Party.

 

On the basis of that review, each subgroup shall prepare, with support from the Secretariat, a confidential preliminary report, which shall be made available to the State Party concerned for its observations.

 

Each subgroup shall prepare a revised version of the preliminary report, taking into account the observations presented by the State Party concerned, and present it to a plenary meeting of the Committee for its consideration.

 

The plenary meeting of the Committee shall prepare the conclusions and, if deemed appropriate, make the recommendations it considers pertinent.

 

                        iv.         Final report

 

                        After completing, at each round, its review of the reports for all States Parties, the Committee shall issue a final report for each State Party, containing the observations of the State Party reviewed, which shall be forwarded first to the Conference and then published.

 

            c.         Cooperation

 

            Mindful of the purposes of the follow-up mechanism and in the framework of the Inter-American Program for Cooperation in the Fight against Corruption, the Committee shall strive to cooperate with all OAS member states, taking account of the activities already under way within the Organization, and shall report to the Conference thereon.

 

            The Committee shall undertake systematic consideration of the issues involved in cooperation and assistance among States Parties in order to identify the areas where technical cooperation is needed and the most appropriate methods for collection of useful data to review such cooperation and assistance.  This work shall take account of the provisions of Articles XIII through XVI and Article XVIII of the Convention.

 

            d.         Observers

 

            States that are not parties to the Inter-American Convention against Corruption may be invited to observe the plenary meetings of the committee of experts if they so request.

 

 

8.         Civil society participation

 

            In order to obtain better input for its review, the Committee shall include in the provisions governing its operation an appropriate role for civil society organizations, taking into account the “Guidelines for the Participation of Civil Society Organizations in OAS Activities” [CP/RES. 759 (1217/99)] and the definition of civil society contained in AG/RES. 1661 (XXIX-O/99), in keeping with the domestic legislation of the State Party under review.  The Committee may request information from civil society organizations, for which purpose it shall develop the method it considers most appropriate.

 

9.         Resources

 

            The activities of the follow-up mechanism shall be funded by contributions from States Parties to the Convention, from states that are not parties to the Convention, and from international financial organizations, and by any other contribution that may be received in accordance with the General Standards to Govern the Operations of the General Secretariat, including a specific fund that may be established.  Such contributions may include offers by State Parties to organize and host meetings of the bodies of the mechanism.  The Conference of States Parties may establish criteria for determining the amounts of regular contributions.

 

 

10.        Periodic review of the mechanism

 

            The Conference shall periodically review the operation of the mechanism, taking account of observations made by the committee of experts, and may introduce such changes as it deems appropriate.

 

 

11.        Transitory provision

 

            To facilitate the work of the first meeting of the committee, the Conference considers that topics that the committee might analyze at its first round are, inter alia:

 

            a.         Article III, selecting as many measures as the Committee considers appropriate;

            b.         Article XIV; and

CP08440E04

 
            c.         Article XVIII.

 

            In the event that the committee of experts encounters difficulties in conducting a review of all topics indicated, it shall report such difficulties to the Conference so that that body may take such decisions as it deems appropriate at its next Conference.

 

            The Conference also suggests that, during its first year of operation, the committee of experts hold at least two meetings.

 

 


AG/RES. 1785 (XXXI-O/01)

 

ENHANCEMENT OF PROBITY IN THE HEMISPHERE AND FOLLOW-UP
ON THE INTER-AMERICAN PROGRAM FOR COOPERATION
IN THE FIGHT AGAINST CORRUPTION

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on enhancement of probity in the Hemisphere and follow-up on the Inter-American Program for Cooperation in the Fight against Corruption (CP/GT/PEC-121/01);

 

            UNDERSCORING that, in its preamble, the Charter of the Organization of American States affirms that “representative democracy is an indispensable condition for the stability, peace and development of the region” and that “juridical organization is a necessary condition for security and peace founded on moral order and on justice”;

 

            TAKING INTO ACCOUNT that the purposes of the Inter-American Convention against Corruption are to promote and strengthen the development, by each of the States Parties, of the mechanisms needed to prevent, detect, punish, and eradicate corruption, and to promote, facilitate, and regulate cooperation among the States Parties to ensure the effectiveness of measures and actions to combat acts of corruption in the performance of public functions and those specifically related to such performance;

 

            RECALLING that, through resolution AG/RES. 1723 (XXX-O/00), "Enhancement of Probity in the Hemisphere and Follow-up on the Inter-American Program for Cooperation in the Fight against Corruption,"[EB150]  the Permanent Council was requested to analyze existing regional and [JC151] international follow-up mechanisms with a view to recommending, by the end of the year 2000, the most appropriate model that States Parties could use, if they should think fit, to monitor implementation of the Inter-American Convention against Corruption; and that said[JC152] [EB153]  recommendation would be transmitted to the States Parties to the Convention for them to choose the course of action they deemed most appropriate;

 

            ACKNOWLEDGING the efforts of the Working Group on Probity and Public Ethics, which laid the foundation for the documents on the mechanism for follow-up on implementation of the Inter-American Convention against Corruption, in a process that fostered broad participation by all member states of the Organization;

 

            HAVING TAKEN NOTE of the Recommendation of the Permanent Council to States Parties on the Mechanism for Follow-up of Implementation of the Inter-American Convention against Corruption [CP/RES. 783 (1260/01)];

 

            CONSIDERING that the Working Group on Probity and Public Ethics convened the Meeting of Government Experts to Prepare for the Conference of States Parties to the Inter-American Convention against Corruption, held in Washington, D.C., from March 21 to 23, 2001, which resulted in a set of recommendations to be considered at the Conference of States Parties to the Inter-American Convention against Corruption, as recommended by the Permanent Council;

 

            EXPRESSING APPRECIATION to the Argentine Republic for having hosted the First Conference of States Parties to the Inter-American Convention against Corruption on the Follow-up Mechanism on Implementation of that Convention, held in Buenos Aires from May 2 to 4, 2001;

 

            CONSIDERING that the Inter-American Convention against Corruption has been signed by 26 member states and ratified by 22, which means that four additional states ratified the Convention in the past year;

 

            RECOGNIZING that, pursuant to operative paragraph 7 of resolution AG/RES. 1723 (XXX-O/00), the important topic of “corporate social responsibility” has begun to be studied in the Organization of American States, as well as in other multilateral forums, within the framework of their respective mandates and addressing such aspects as the role of the private sector in the prevention of and fight against corruption;

 

            AWARE of the exchange of views among several delegations regarding the possibility of establishing a specific voluntary fund to finance activities aimed at providing the necessary institutional support to the States Parties for implementing the Inter-American Convention against Corruption[JC154] , pursuant to operative paragraph 6 of resolution AG/RES. 1723 (XXX-O/00), in the course of which various considerations were brought up regarding the advisability of creating a new fund or using existing OAS General Secretariat mechanisms, without a consensus being reached on establishing the fund;

 

            BEARING IN MIND the legal cooperation programs and activities carried out by the General Secretariat in developing the Inter-American Program for Cooperation in the Fight against Corruption[JC155] , with a view to promoting ratification and implementation of the Inter-American Convention against Corruption, as well as the dissemination and exchange of information through the Inter-American Network for Cooperation against Corruption;

 

            RECOGNIZING the importance of the proposals presented in the framework of the Working Group on Probity and Public Ethics, with a view to continuing to make progress in developing the Inter-American Program for Cooperation in the Fight against Corruption, along the lines indicated in operative paragraph 8 of resolution AG/RES. 1723 (XXX-O/00);

 

            TAKING INTO ACCOUNT that the Declaration of Quebec City, adopted at the Third Summit of the Americas, recognizes that “corruption undermines core democratic values, challenges political stability and economic growth and thus threatens vital interests in our Hemisphere, we pledge to reinvigorate our fight against corruption”; and

 

            CONSIDERING likewise that the Plan of Action of the Third Summit of the Americas devotes a special section to the fight against corruption and that commitments are made therein on the Inter-American Convention against Corruption, the Inter-American Program for Cooperation in the Fight against Corruption, and the establishment of a follow-up mechanism for implementation of said Convention, as well as the strengthening of the Inter-American Network for Cooperation against Corruption, the strengthening of the participation of civil society in the respective states in the fight against corruption, and the adoption of policies, processes, and mechanisms that protect the public interest,

 

RESOLVES:

 

1.         To urge the member states of the OAS that have not yet done so to give prompt consideration to signing and ratifying, or to ratifying, as the case may be, the Inter-American Convention against Corruption.

 

2.         To urge the States Parties to the Convention to take any measures they deem appropriate to comply with the commitments they undertook upon ratification of the Convention.

 

3.         To invite states that are not members of the Organization, in particular the OAS permanent observers, to accede[SW156]  to the Inter-American Convention against Corruption, in accordance with Article XXIII [EB157] thereof.

 

4.         To express its appreciation to the Permanent Council for its timely adoption of the recommendation to the States Parties to the Inter-American Convention against Corruption on the mechanism for follow-up of its implementation.

 

5.         To thank the Government of the Argentine Republic for having hosted the First Conference of States Parties to the Inter-American Convention against Corruption on the Mechanism for Follow-up of Its Implementation, held in Buenos Aires from May 2 to 4, 2001.

 

6.         To promote extensive cooperation among member states of the Organization within the framework of the Inter-American Program for Cooperation in the Fight against Corruption, as well as the establishment of mechanisms and incentives to encourage states to sign, ratify, and implement the Inter-American Convention against Corruption.

 

7.         To request the states that have not done so to reply promptly to the Questionnaire on Ratification and Implementation of the Inter-American Convention against Corruption (CP/GT/PEC-68/00 rev. 3), so that the Permanent Council may continue to examine replies from the member states in order to enhance implementation of the Convention, strengthen cooperation, and provide technical assistance to those that request it.

 

8.         To instruct the Permanent Council to continue to foster the exchange of experiences and information among the OAS, multilateral organizations, and international financial institutions, in order to coordinate, strengthen, and identify cooperation activities in the area among the member states and to foster the participation of civil society and, in particular, the private sector, among other pertinent entities, in these activities.

 

9.         To request the Permanent Council to continue considering alternative ways of financing activities aimed at providing the necessary institutional support to the States Parties for implementing the Inter-American Convention against Corruption.

 

10.        To instruct the Permanent Council, in following up on the Inter-American Program for Cooperation in the Fight against Corruption, to continue studying corporate social responsibility.

 

11.        To instruct the Permanent Council, in following up on the Inter-American Program for Cooperation in the Fight against Corruption, to continue addressing, inter alia, with the assistance of the General Secretariat, the following subjects:  training, experience acquired by national institutions, public sector procurement, incompatibilities between civil service and private sector interests, and analysis of criminal laws on corruption and related offenses.

 

12.        To request the General Secretariat to continue carrying out, though the Secretariat for Legal Affairs and in the course of the activities of the Inter-American Program for Cooperation in the Fight against Corruption, the technical cooperation activities designed to contribute to the signing and ratification of, or accession to, the Inter-American Convention against Corruption and to its implementation, and to strengthen exchanges of information and experiences among government authorities responsible for this area, including those of the Inter-American Network for Cooperation against Corruption.

 

CPSC01095E04

 
13.        To instruct the Permanent Council to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 

 

 

 


AG/RES. 1786 (XXXI-O/01)

 

PROMOTION OF CORPORATE SOCIAL RESPONSIBILITY IN THE HEMISPHERE

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on enhancement of probity in the Hemisphere and follow-up on the Inter-American Program for Cooperation in the Fight against Corruption (CP/GT/PEC-121/01);

 

            RECALLING that, through resolution AG/RES. 1723 (XXX-O/00), “Enhancement of Probity in the Hemisphere and Follow-up on the Inter-American Program for Cooperation in the Fight against Corruption,” the General Assembly instructed the Permanent Council, in following up on the Inter-American Program for Cooperation in the Fight against Corruption, to “study corporate social responsibility with a view to defining precisely its scope and content in the inter-American context, to examining and disseminating national and international experiences undertaken to address the issue, and to promoting the exchange of information and experiences among the member states with international financial institutions, other international organizations, the private sector, and civil society organizations”[ejy158] ;

 

            RECOGNIZING that businesses of all sizes and types play a central role in the creation of prosperity and the flow and maintenance of trade and investment in the Hemisphere;

 

            CONVINCED that businesses can make important contributions to sustainable development and increase access to opportunities, including the reduction of inequality in the communities in which they operate;

 

            TAKING INTO CONSIDERATION the increasing expectations on the part of our citizens and civil society organizations that businesses will carry out their operations in a manner consistent with their social responsibilities;

 

            MINDFUL that attention given to the concept of “corporate social responsibility” is increasing worldwide, and that the concept is being addressed in various multilateral forums; and

 

            BEARING IN MIND that the Plan of Action of the Third Summit of the Americas supported the discussion of ways to promote the development, adoption, and implementation by the private sector of principles of good conduct that will advance social responsibility and support continued analysis and study of the topic at the OAS,

 

RESOLVES:

 

1.         To request the Permanent Council to continue to foster the exchange of experience and information among the OAS, other multilateral organizations, international financial institutions, the private sector, and civil society organizations, among other pertinent bodies, in order to coordinate and strengthen cooperation activities in the area of corporate social responsibility for the benefit of the member states.

 

            2.         To instruct the Permanent Council to continue examining the topic of corporate social responsibility, in order to define its scope and content in the inter-American context, ensuring that civil society and the private sector are appropriately and regularly consulted and that this process is enriched by the experience of other international, national, and nongovernmental organizations.

 

3.                  

CPSC01096E06

 
To urge the Permanent Council to convene a meeting as early as feasible, in 2002, in accordance with the resources allocated in the program-budget and other resources, and to seek for that purpose the support of the Inter-American Development Bank and other relevant inter-American organizations, with the participation of representatives of governments and civil society, including business and workers associations, to deepen dialogue on corporate social responsibility in the Hemisphere and raise awareness of key issues to be determined.

 

            4.         To instruct the Permanent Council to present a report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 


AG/RES. 1787 (XXXI-O/01)

 

OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORTS

OF THE ORGANS, AGENCIES, AND ENTITIES OF THE ORGANIZATION [KFC159] 

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the observations and recommendations made by the Permanent Council on the annual reports presented by the Inter-American Telecommunication Commission (CP/doc.3410/01), the Inter-American Commission of Women (CP/doc.3424/01), the Administrative Tribunal (CP/doc.3423/01), the Pan American Institute of Geography and History (CP/doc.3425/01), the Inter-American Institute for Cooperation on Agriculture (CP/doc.3426/01), the Pan American Health Organization (CP/doc.3455/01), the Inter-American Indian Institute (CP/doc.3436/01), and the Inter American Children’s Institute (CP/doc.3418/01);

 

CONSIDERING:

 

            That the observations and recommendations made by the Permanent Council on the annual reports of the aforementioned organs, agencies, and entities appear in minutes [KFC160] CP/ACTA 1267/01, 1269/01, and 1276/01; and

 

That the Permanent Council’s recommendations and observations recognize the successful efforts of the organs, agencies, and entities of the Organization to further the principles and objectives of the Organization and the inter-American system[KFC161] ; and

 

BEARING IN MIND that these reports have been presented pursuant to Article 91.f of the OAS Charter and resolution AG/RES. 1452 (XXVII-O/97),

 

RESOLVES:

 

1.                   To note the observations and recommendations of the Permanent Council on the annual reports and to transmit them to the organs, agencies, and entities of the Organization[KFC162] .

 

2.                   To convey its thanks to the organs, agencies, and entities of the Organization that complied with the statutory deadline for the presentation of annual reports, and once again to urge all organs, agencies, and entities to present their reports in accordance with Article 35 of the Rules of Procedure of the Permanent Council.

 

3.                   To express appreciation to the Pan American Institute of Geography and History for its contribution to efforts to achieve a just and peaceful settlement to the territorial dispute between Belize and Guatemala.

 

4.                   To express its appreciation to the Inter-American Commission of Women and its Permanent Secretariat for their major efforts in promoting women’s rights in the Americas.

 

5.                   To encourage the Inter-American Institute for Cooperation on Agriculture to continue its constructive work in support of agricultural development in the region.

 

6.                   To express appreciation to the Inter-American Children’s Institute for the work it carries out with limited resources, and to recommend that the Institute concentrate its efforts on implementing mandates from the Summit of the Americas and expand its programs and activities in the English-speaking Caribbean member states.

 

7.                   To place particular emphasis on the important activities carried out by the Pan American Health Organization in fulfillment of its aims and objectives.

 


AG/RES. 1788 (XXXI-O/01)

 

PROMOTION OF THE MODEL OAS GENERAL ASSEMBLY PROGRAM

FOR HIGH SCHOOL AND YOUNG UNIVERSITY STUDENTS

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

            CONSIDERING that the Model OAS General Assembly Program (MOAS Program) of the General Secretariat of the Organization of American States is designed to promote greater awareness of the OAS among high school and university students in OAS member states;

 

            RECOGNIZING the importance of the fact that the first pilot program of the MOAS General Assembly for universities was held away from OAS headquarters, in the Argentine Republic, in September 1997;

 

            WELCOMING the fact that the twentieth and twenty-first regular sessions of the Model OAS General Assembly for universities were held at the University of Alberta in Edmonton, Canada, from March 26 to 31, 2000, and in the city of San Martín de los Andes, in the Province of Neuquén, Argentine Republic, from April 29 to May 4, 2001;

 

            EMPHASIZING the successful outcome of the MOAS General Assembly in San Martín de los Andes, Argentina, which consolidated interest in holding these regular sessions, like those of the OAS General Assembly, in a different country each year;

 

            WELCOMING further the initiative of the Edgar Maya Model OAS General Assembly program in successfully holding regular sessions of the Model OAS General Assembly in Washington, D.C., with technical and logistical support from the General Secretariat;

 

            REITERATING that high school students throughout the Hemisphere, as well as university students, should have access to the MOAS Program to the broadest extent permitted by funding availability;

 

            BEARING IN MIND the interest also shown by high school students in the countries of the Hemisphere in participating in the Model OAS General Assembly;

 

            NOTING that the Plan of Action of the Third Summit of the Americas recognizes that education is the key to strengthening democratic institutions, promoting the development of human potential, equality, and understanding [JC163] among the peoples of the Americas, and that it is necessary to encourage the participation of young people by offering them opportunities to express their views and contribute to discussions in local, national, regional, and international forums and meetings;

 

            ASSERTING the importance of educating citizens and of strengthening a culture of democracy in the Hemisphere;

 

            STRESSING the opportunity provided, in the context of resolution AG/RES. 1733 (XXX-O/00), which declared the year 2001 “Inter-American Year of the Child and the Adolescent[JC164] ,” to promote the education of high school students;

 

            BEARING IN MIND FURTHER resolution AG/RES. 1761 (XXX-O/00), which encouraged member states to continue to support the sessions of the MOAS General Assembly for universities in the context of the MOAS Program; and

 

            HAVING SEEN the report of the General Secretariat on fulfillment of resolution AG/RES. 1761 (XXX-O/00), “The Model OAS General Assembly Program” (CP/doc.3453/01 rev. 1),

 

RESOLVES:

 

1.         To encourage member states once again to continue to support the Model OAS General Assembly Program (MOAS Program) and to make voluntary contributions to the General Secretariat to assist in financing the infrastructure and logistical support needed to hold regular sessions of the Model OAS General Assembly, in the official languages of the OAS, for universities away from headquarters.

 

2.         To urge member states also to extend that support to finance regular sessions of the Model OAS General Assembly for high school students.

 

3.         To recognize the outstanding work, tireless dedication, and enthusiasm of the Faculty Council that created the Edgar Maya Model OAS General Assembly Program as a self-financing program held in Washington, D.C., which has continually expanded the participation of universities in the member states.

 

4.         To encourage member states to offer to host sessions of the Model OAS General Assembly for university students and high school students.

 

5.         To request the Secretary General to reiterate the invitation to permanent observers and interested organizations and institutions to make donations to facilitate holding regular sessions of the Model OAS General Assembly for both universities and high schools.

 

6.         To request the General Secretariat to present to the Permanent Council an annual plan of activities for the MOAS Program, accompanied by a financial plan for its implementation and semiannual activity reports, which will include concise information on the achievement of goals.

 

 


AG/RES. 1789 (XXXI-O/01)

 

SUPPORT FOR THE WORK OF THE INTER-AMERICAN

COMMITTEE AGAINST TERRORISM

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.3970/01), which includes as an appendix a note sent by the Chair of the Inter-American Committee against Terrorism (CICTE) on CICTE’s activities;

 

BEARING IN MIND that the General Assembly, through its resolution AG/RES. 1650 (XXIX-O/99), "Hemispheric Cooperation to Prevent, Combat, and Eliminate Terrorism," created CICTE and approved its Statute;

 

RECALLING resolution AG/RES. 1734 (XXX-O/00), “Observations and Recommendations on the Annual Report of the Inter-American Committee against Terrorism”;

 

CONSIDERING:

 

That the first regular session of CICTE was held in Miami, Florida, on October 28 and 29, 1999;

 

That, at its first regular session, CICTE approved its Work Program, which was based on the recommendations contained in the Commitment of Mar del Plata, adopted at the Second Inter-American Specialized Conference on Terrorism, held on November 23 and 24, 1998, in Mar del Plata, Argentina; and

 

That in order to further implement the Work Program, the Chair of CICTE sent a questionnaire to all member states on September 5, 2000,

 

RESOLVES:

 

1.                   To urge the OAS member states to comply with the recommendations contained in the Work Program of the Inter-American Committee against Terrorism (CICTE), attached as Annex C to document CP/doc.3268/00, inter alia by answering the questionnaire prepared by CICTE.

 

2.                   To recognize the effort made by the 10 member states that have submitted responses to the CICTE questionnaire.

 

3.                   To urge the member states that have not yet done so to send their responses to the questionnaire no later than September 15, 2001.

 

4.                   To request CICTE to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

 


AG/RES. 1790 (XXXI-O/01)

 

APPOINTMENT OF WOMEN TO SENIOR MANAGEMENT POSITIONS AT THE OAS

 

(Resolution adopted at the third plenary session,

held on June 5, 2001)

 

 

 

            THE GENERAL ASSEMBLY,

 

CONSIDERING that resolution AG/RES. 1627 (XXIX-O/99), “Appointment of Women to Senior Management Positions at the OAS,” urged the Secretary General to establish as an objective that, by the year 2005, women should occupy 50% of posts in all categories of the OAS system;[EB165] 

 

RECALLING resolution AG/RES. 1729 (XXX-O/00) regarding the seventh biennial report of the Secretary General of the OAS on compliance with resolution AG/RES. 829 (XVI-O/86), "Full and Equal Participation of Women by the Year 2000," which urged the inter-American system to continue working to achieve full and equal participation by women in development and in the decision-making process and instructed the Secretary General of the OAS to increase his efforts to guarantee equal opportunity for women in obtaining senior executive positions in the OAS, taking into account the Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality;

 

BEARING IN MIND Article 120 of the Charter of the Organization of American States and Article 38 of the General Standards to Govern the Operations of the General Secretariat, which stipulate that first consideration shall be given to efficiency, competence, and integrity in the recruitment of General Secretariat personnel, but that importance shall also be attached to the criterion of the widest possible geographic distribution in hiring personnel at all levels; and Article 137 of the Charter of the Organization, which states that the Organization of American States does not allow any restriction based on race, creed, or sex with respect to eligibility to hold positions in the Organization and to participate in its activities;

 

BEARING IN MIND that the issue of matching organizational structure and staffing with mandates and resources is to be considered by the OAS Permanent Council pursuant to resolution AG/RES. 2 (XXVII-E/00);

 

            RECALLING that the CIM Plan of Action on Women’s Participation in Power and Decision-Making Structures, adopted by the Twenty-ninth Assembly of Delegates of the CIM [CIM/RES. 198 (XXIX-O/98)], urges that areas for priority action include the promotion of equal opportunities in the classification of posts and procedures, the encouragement of upward mobility in the civil service, and the fostering of similar principles in various organizations and public institutions, such as the OAS;

 

            REAFFIRMING the commitment expressed at the highest levels in the Plan of Action of the Third Summit of the Americas to promote gender equity and equality and women's human rights by strengthening and fostering women's full and equal participation in decision-making at all levels, women's empowerment, and their equal opportunities to exercise leadership;

 

CONSIDERING that the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality, which was approved by the CIM at the First Meeting of Ministers or of the Highest-Ranking Authorities Responsible for the Advancement of Women in the Member States, held in April 2000, and which was adopted by the OAS General Assembly, by resolution AG/RES. 1732 (XXX-O/00) and endorsed by the Heads of State and Government in Quebec City, calls for the OAS General Secretariat to “[i]mplement measures to ensure full and equal access by men and women to all categories of posts in the OAS system, particularly in decision-making positions”;

 

RECOGNIZING that at the OAS, as of December 1990, the percentage of women in high-level executive posts was 19% at the D-2 level, 20% at the D-1 level, 11% at the P-5 level, and 23% at the P-4 level; as of December 1998, the proportion was 9% at the D-2 level, 17% at the D-1 level, 20% at the P-5 level, and 51% at the P-4 level; and as of March 2001 the proportion was 0% at the non-classified and elected level, 20% at the D-2 level, 28% at the D-1 level, 23% at the P-5 level, and 52% at the P-4 level,

 

RESOLVES:

 

1.                   To urge the Secretary General to reaffirm the urgent goal that women should occupy, by the year 2005, 50% of posts at each level within the OAS organs, agencies, and entities, particularly at the P-4 level and above.

 

2.                   To urge the Secretary General to continue to make gender equity and equality a matter of the highest priority in his continuing efforts to establish a new management culture in the Organization and to undertake, within the framework of the Permanent Council’s discussions on the issue of matching organizational structure and staffing with mandates and resources, to achieve the above-mentioned objective.

 

3.                   To urge the Secretary General to appoint qualified women as representatives and special envoys so that they may use their good offices in representing the Secretary General in matters relating to all areas and sectors.