ORGANIZATION OF AMERICAN STATES

GENERAL ASSEMBLY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THIRTIETH REGULAR SESSION

WINDSOR, CANADA

June 4-6, 2000

 

 

 

 

 

PROCEEDINGS

VOLUME I

 

 

AG/DEC. 23 - AG/DEC. 24 (XXX-O/00)

AG/RES. 1698 - AG/RES. 1764 (XXX-O/00)

 

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/XXX-O.2

                                                                                                                        8 August 2000

                                                                                                                        Volume 1

 

 

 

 

THIRTIETH REGULAR SESSION

WINDSOR, CANADA

June 4-6, 2000

 

 

 

 

 

PROCEEDINGS

VOLUME I

 

 

AG/DEC. 23 - AG/DEC. 24 (XXX-O/00)

AG/RES. 1698 - AG/RES. 1764 (XXX-O/00)

 

CERTIFIED TEXTS OF THE DECLARATIONS AND RESOLUTIONS

 

 

 

 

 

 

 

 

GENERAL SECRETARIAT

ORGANIZATION OF AMERICAN STATES

WASHINGTON, D.C. 20006

2000

     AG

 


 

OEA/Ser.P/XXVIII-O.2                    PROCEEDINGS               VOLUME I               AG/DEC. 23 – 24 (XXX-O/00)                 AG/RES. 1698 – 1764 (XXX-O/00)                                                 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 thirtieth regular session, held in Windsor, Canada, from June 4 to 6, 2000.

 

 

 

                                                                                                              César Gaviria

                                                                                                           Secretary General

                                                                                                Organization of American States

 

 


CONTENTS

 

 

Page

 

AG/DEC. 23 (XXX-O/00)........ Declaration on the Question of the Malvinas Islands...................... 1

 

AG/DEC. 24 (XXX-O/00)........ Declaration of Windsor:  Strengthening the Organization of American States.................................................................................................. 3

 

AG/RES. 1698 (XXX-O/00)...... Meeting of Ministers of Justice or of Ministers
or Attorneys General of the Americas.......................................... 5

 

AG/RES. 1699 (XXX-O/00)...... Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI)................................................................................ 7

 

AG/RES. 1700 (XXX-O/00)...... Free Trade and Investment in the Hemisphere.............................. 9

 

AG/RES. 1701 (XXX-O/00)...... 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................................................................................................ 11

 

AG/RES. 1702 (XXX-O/00)...... Support for the Work of the Inter-American Institute of Human Rights (IIHR)................................................................................................ 17

 

AG/RES. 1703 (XXX-O/00)...... Special Program of Support for Guatemala.................................. 19

 

AG/RES. 1704 (XXX-O/00)...... Annual Report of the Inter-American Juridical Committee............ 21

 

AG/RES. 1705 (XXX-O/00)...... Inter-American Program for the Development of International Law 25

 

AG/RES. 1706 (XXX-O/00)...... Promotion of and Respect for International Humanitarian Law..... 29

 

AG/RES. 1707 (XXX-O/00)...... The Organization of American States and Civil Society................ 33

 

AG/RES. 1708 (XXX-O/00)...... Proposed American Declaration on the Rights of Indigenous Populations  35

 

AG/RES. 1709 (XXX-O/00)...... Children and Armed Conflicts..................................................... 37

 

AG/RES. 1710 (XXX-O/00)...... Cooperation between the Organization of American States and the United Nations System...................................................................................... 39

 

Page

 

AG/RES. 1711 (XXX-O/00)...... 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......................................................................... 41

 

AG/RES. 1712 (XXX-O/00)...... Preparation of a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance................................................ 43

 

AG/RES. 1713 (XXX-O/00)...... Cooperation Between the General Secretariat of the Organization of American States and the General Secretariat of the Central American Integration System................................................................................................ 45

 

AG/RES. 1714 (XXX-O/00)...... Cooperation between the General Secretariat of the Organization of American States and the General Secretariat of the Caribbean Community... 47

 

AG/RES. 1715 (XXX-O/00)...... Observations and Recommendations on the Annual Report of the Inter-American Commission on Human Rights.................................................... 49

 

AG/RES. 1716 (XXX-O/00)...... Observations and Recommendations of the Member States on the Annual Report of the Inter-American Court of Human Rights............................. 51

 

AG/RES. 1717 (XXX-O/00)...... The Human Rights of All Migrant Workers and Their Families..... 53

 

AG/RES. 1718 (XXX-O/00)...... Reform of the Inter-American Indian Institute............................. 57

 

AG/RES. 1719 (XXX-O/00)...... The Situation of the Permanent Observers and Their Participation in the Cooperation Activities and Programs of the Organization............. 59

 

AG/RES. 1720 (XXX-O/00)...... Trade and Integration in the Americas........................................ 61

 

AG/RES. 1721 (XXX-O/00)...... Promotion of Democracy........................................................... 65

 

AG/RES. 1722 (XXX-O/00)...... Parliamentary Network of the Americas..................................... 69

 

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............... 71

 

AG/RES. 1724 (XXX-O/00)...... Strengthening Democracy:  Special Fund..................................... 75

Page

 

AG/RES. 1725 (XXX-O/00)...... Personnel Policy Reform............................................................ 77

 

AG/RES. 1726 (XXX-O/00)...... Continuing Participation in the Inter-American Council for Integral Development by Member States That Have Not Ratified the Protocol of Managua 89

 

AG/RES. 1727 (XXX-O/00)...... Transfer of Responsibilities Associated with AG/RES. 1628 (XXIX-O/99) and AG/RES. 1653 (XXIX-O/99) to the Inter-American Agency for Cooperation and Development............................................................................. 91

 

AG/RES. 1728 (XXX-O/00)...... Strengthening and Revitalizing Ties between the Inter-American Institute for Cooperation on Agriculture and Other OAS Organs to Address Agricultural Issues of Hemispheric Concern.................................................. 93

 

AG/RES. 1729 (XXX-O/00)...... Seventh Biennial Report of the Secretary General on Compliance with Resolution AG/RES. 829 (XVI-O/86) “Full and Equal Participation of Women by the Year 2000”........................................................................................ 95

 

AG/RES. 1730 (XXX-O/00)...... Observations and Recommendations on the Annual Report of the Inter-American Drug Abuse Control Commission................................................ 97

 

AG/RES. 1731 (XXX-O/00)...... Support for the United Nations Convention on Transnational Organized Crime............................................................................................... 101

 

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........... 103

 

AG/RES. 1733 (XXX-O/00)...... Inter-American Year of the Child and the Adolescent................ 117

 

AG/RES. 1734 (XXX-O/00)...... Observations and Recommendations on the Annual Report of the Inter-American Committee against Terrorism.................................................... 119

 

AG/RES. 1735 (XXX-O/00)...... Observations and Recommendations on the Annual Reports of the Organs, Agencies, and Entities of the Organization................................. 121

 

AG/RES. 1736 (XXX-O/00)...... The Socioeconomic and Environmental Impacts of Climate Change of the Countries of the Hemisphere.................................................... 123

 

Page

 

AG/RES. 1737 (XXX-O/00)...... Amendments to the Rules of Procedure of the General Assembly 125

 

AG/RES. 1738 (XXX-O/00)...... Modernization of the OAS and the Renewal of the Inter-American System............................................................................................... 147

 

AG/RES. 1739 (XXX-O/00)...... Response of the Inter-American Telecommunication Commission to the Mandate Received from the Second Summit of the Americas................... 151

 

AG/RES. 1740 (XXX-O/00)...... Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará”......... 153

 

AG/RES. 1741 (XXX-O/00)...... Integrating a Gender Perspective in the Summits of the Americas 155

 

AG/RES. 1742 (XXX-O/00)...... International Abduction of Minors by One of Their Parents........ 157

 

AG/RES. 1743 (XXX-O/00)...... OAS Declaration on Small Arms and Light Weapons................. 159

 

AG/RES. 1744 (XXX-O/00)...... Cooperation for Security in the Hemisphere............................... 161

 

AG/RES. 1745 (XXX-O/00)...... Support for Action against Mines in Peru and Ecuador............... 167

 

AG/RES. 1746 (XXX-O/00)...... Scale of Quota Assessments for the Regular Fund..................... 169

 

AG/RES. 1747 (XXX-O/00)...... Inter-American Support for the Comprehensive Nuclear-Test-Ban Treaty............................................................................................... 171

 

AG/RES. 1748 (XXX-O/00)...... Consolidation of the Regime Established in the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco)............................................................................................... 173

 

AG/RES. 1749 (XXX-O/00)...... Inter-American Convention on Transparency in Conventional Weapons Acquisitions............................................................................. 175

 

AG/RES. 1750 (XXX-O/00)...... Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials. 177

 

AG/RES. 1751 (XXX-O/00)...... Support for the Program of Integral Action against Antipersonnel Mines in Central America.................................................................................. 179

Page

 

AG/RES. 1752 (XXX-O/00)...... Support for and Follow-up to the Summits of the Americas Process 183

 

AG/RES. 1753 (XXX-O/00)...... Mission of the President of the General Assembly and the OAS Secretary General to Peru.................................................................................... 187

 

AG/RES. 1754 (XXX-O/00)...... Program-Budget of the Organization for 2001............................ 189

 

AG/RES. 1755 (XXX-O/00)...... OAS Natural Disaster Reduction and Response Mechanism....... 191

 

AG/RES. 1756 (XXX-O/00)...... Fund for Peace:  Peaceful Settlement of Territorial Disputes...... 193

 

AG/RES. 1757 (XXX-O/00)...... Measures to Encourage the Timely Payment of Quotas.............. 195

 

AG/RES. 1758 (XXX-O/00)...... Special Program of Support to Countries Affected by “El Niño”. 203

 

AG/RES. 1759 (XXX-O/00)...... Appointment of the Executive Director of the Justice Studies Center of the Americas................................................................................ 205

 

AG/RES. 1760 (XXX-O/00)...... Support for the Mandates of the Summit of the Americas on Strengthening Municipal and Regional Administrations and on Civil Society....... 207

 

AG/RES. 1761 (XXX-O/00)...... The Model OAS General Assembly Program............................ 209

 

AG/RES. 1762 (XXX-O/00)...... The Situation of Refugees, Returnees, and Internally Displaced Persons in the Americas................................................................................ 211

 

AG/RES. 1763 (XXX-O/00)...... Follow-up to the Recommendations and Conclusions of the Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas. 213

 

AG/RES. 1764 (XXX-O/00)...... Tribute to the Assistant Secretary General, His Excellency Ambassador Christopher R. Thomas............................................................ 215

 

 

 


AG/DEC. 23 (XXX-O/00)

 

DECLARATION ON THE QUESTION OF THE MALVINAS ISLANDS [KFC1] 

 

(Declaration adopted at the fourth plenary session,

held on June 6, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

CONSIDERING its repeated statements that the question of the Malvinas Islands is a matter of enduring hemispheric concern;[KFC2] 

 

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;[KFC3] 

 

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; [KFC4] 

 

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;[KFC5] 

 

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 Argentina 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[KFC6] .

 

 


AG/DEC. 24 (XXX-O/00)

 

DECLARATION OF WINDSOR:

STRENGTHENING THE ORGANIZATION OF AMERICAN STATES

 

(Declaration adopted at the fourth plenary session,

held on June 6, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

RECALLING that, at the Second Summit of the Americas (Santiago, 1998), the Heads of State and Government recognized the important and positive role played by hemispheric institutions, especially the Organization of American States (OAS), and instructed their ministers to examine ways to strengthen and modernize those institutions;

 

BEARING IN MIND the difficult financial situation currently facing the Organization;

 

HAVING SEEN the report of the Special Joint Working Group of the Permanent Council and the Inter-American Council for Integral Development on the Strengthening and Modernization of the OAS and the reports of the General Secretariat on the financial situation of the Organization; and

 

HAVING HEARD the ideas put forward by the foreign ministers and heads of delegation on the strengthening of the Organization, its financial situation, and priorities for its working agenda,

 

REITERATES the importance of providing the Organization with the funds it needs to fulfill its essential function as a forum for political dialogue and cooperation in the Hemisphere;

 

INSTRUCTS the Secretary General to present to member states, as promptly as possible, an action plan to resolve the financial crisis currently facing the Organization and to give it a budgetary structure that will prevent such a situation from recurring and will enable the Organization to carry out its mandates; and

 

URGES member states in arrears to work out with the General Secretariat a plan for bringing their payments up to date as soon as possible.

 

 


AG/RES. 1698 (XXX-O/00)

 

MEETING OF MINISTERS OF JUSTICE OR OF MINISTERS
OR ATTORNEYS GENERAL OF THE AMERICAS

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the Final Report of the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-III/doc.14/00 rev. 2), held in San José, Costa Rica, from March 1 to 3, 2000;

 

BEARING IN MIND that, in the Plan of Action adopted at the Second Summit of the Americas, support was given to “the convening of periodic meetings of Ministers of Justice and Attorneys General of the Hemisphere within the framework of the Organization of American States"[EB7] ; and

 

CONSIDERING:

 

That, in resolution AG/RES. 1615 (XXIX-O/99), the General Assembly convened the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas;

 

That, in the same resolution, the General Assembly thanked 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 accepted that offer; and

 

That the Permanent Council, at its meeting of April 5, 2000, took note of the Final Report of the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas,

 

RESOLVES:

 

1.                   To express its appreciation to the Government of the Republic of Costa Rica for hosting the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas and for its excellent organization of the deliberations.

 

2.                   To transmit 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), as applicable, to the organs, agencies, and entities of the inter-American system, for their implementation as appropriate.

 

3.                   To instruct 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.

4.                   To instruct the Permanent Council to report on the implementation of this resolution to the General Assembly at its thirty-first regular session with a view to convening the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, to take place in Trinidad and Tobago pursuant to resolution AG/RES. 1615 (XXIX-O/99) and in accordance with the resources allocated in the program-budget and other resources.

 

 


AG/RES. 1699 (XXX-O/00)

 

SIXTH INTER-AMERICAN SPECIALIZED CONFERENCE ON

PRIVATE INTERNATIONAL LAW (CIDIP-VI)

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the Report of the Permanent Council on the Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI) (CP/doc.3291/00);

 

            BEARING IN MIND that, through resolution AG/RES. 1393 (XXVI-O/96), it convened CIDIP-VI;

 

            TAKING INTO ACCOUNT 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 aforementioned specialized conference;

 

CONSIDERING:

 

That, through resolution AG/RES. 1613 (XXIX-O/99), it instructed the Permanent Council to set, in collaboration with the General Secretariat, the date and place for the two meetings of government experts convened through resolution CP/RES. 744 (1185/99) to examine the documentation and prepare studies on the topics identified in that resolution; and

 

            That, in the same resolution, AG/RES. 1613 (XXIX-O/99), it instructed the Permanent Council to set the date for CIDIP-VI;

 

            CONSIDERING FURTHER that the Meeting of Government Experts to Prepare for CIDIP-VI was held at OAS headquarters from February 14 to 18, 2000; and

 

            HAVING EXAMINED the Report of the Meeting of Government Experts to Prepare for CIDIP-VI (REG/CIDIP-VI/doc.6/00 corr. 2),

 

RESOLVES:

 

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

 

2.         To instruct the Permanent Council to take into account the conclusions and recommendations of the preparatory Meeting of Government Experts and to continue carrying out the tasks it considers necessary to prepare for CIDIP-VI.

3.                   To instruct 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.

 

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

 

 

 


AG/RES. 1700 (XXX-O/00)

 

FREE TRADE AND INVESTMENT IN THE HEMISPHERE

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            RECALLING resolution AG/RES. 1364 (XXVI-O/96), "Free Trade and Investment in the Hemisphere," in which it instructed the Inter-American Juridical Committee to examine and decide upon the validity under international law of the Helms-Burton Act;

 

RECOGNIZING the opinion of the Inter-American Juridical Committee (CJI/RES.II-14/96), in which the Committee unanimously concluded that “the bases and potential application of the legislation which is the subject of this Opinion,” in the important areas referred to above, “are not in conformity with international law”;

 

TAKING INTO ACCOUNT resolutions AG/RES. 1447 (XXVII-O/97), AG/RES. 1532 (XXVIII-O/98), and AG/RES. 1614 (XXIX-O/99); and

 

HAVING SEEN the report of the Permanent Council on free trade and investment in the Hemisphere (CP/doc.3297/00 corr. 1),

 

RESOLVES:

 

1.                   To take note of the report of the Permanent Council on free trade and investment in the Hemisphere, presented pursuant to resolution AG/RES. 1614 (XXIX-O/99).

 

2.         To request the Permanent Council to report to the General Assembly at its thirty-first regular session on developments in this regard.

 

 


AG/RES. 1701 (XXX-O/00)

 

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

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

HAVING SEEN:

 

            The report of the Permanent Council on the evaluation and improvement of the inter-American system for the protection and promotion of human rights, submitted pursuant to resolution AG/RES. 1633 (XXIX-O/99) (CP/doc.3302/00); and

 

            The report of the Chair of the Committee on Juridical and Political Affairs concerning the dialogue on the inter-American system for the protection and promotion of human rights (CP/CAJP-1610/00 rev. 2), held under the aegis of the Committee, which identifies the various items addressed, as well as the points of agreement and disagreement on those items;

 

            BEARING IN MIND that the member states of the Organization of American States have proclaimed, in Article 3 of the OAS Charter, as one of the principles of the Organization, the fundamental rights of the individual, without distinction as to race, nationality, creed, or sex;[MOL8] 

 

            AWARE that the international promotion and protection of human rights enhances and complements the protection afforded under the domestic law of the member states and is based on the freedom and dignity of the individual; and

 

CONSIDERING:

 

            That, in the Plan of Action of the Second Summit of the Americas (Santiago, 1998), the Heads of State and Government affirmed the need to strengthen and improve the inter-American human rights system through concrete initiatives;

 

            That, in that connection, the Committee on Juridical and Political Affairs began a dialogue on the inter-American system for the protection and promotion of human rights, the participants in which comprised, in addition to the member states of the Organization, the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights, and the Inter-American Institute of Human Rights,[MOL9]  as well as representatives of nongovernmental organizations engaged in the protection of human rights;

 

            That, in November 1998, in a letter addressed to the ministers of foreign affairs of the OAS member states, the Inter-American Commission on Human Rights requested ideas and suggestions on the reform process from all parties involved in the inter-American human rights system, and that, at a seminar held in San José, Costa Rica, in November 1999, the Inter-American Court of Human Rights also invited suggestions as to the reform of its procedures;

 

            That the significant progress in that dialogue was made possible, in part, by the openness, transparency, and constructive participation of the states, and the decision to include in the dialogue the organs of the system, the Inter-American Institute of Human Rights, and representatives of nongovernmental organizations, whose participation was also distinguished by its objectivity, balance, and spirit of cooperation;

 

            That, on February 10 and 11, 2000, in San José, Costa Rica, a meeting was held of the Ad Hoc Working Group on Human Rights, created by the ministers of foreign affairs taking part in the celebrations marking the anniversary of the American Convention on Human Rights and the establishment of the Inter-American Court of Human Rights; and bearing in mind the conclusions reached at that meeting;

 

            That the consolidation of a sound and effective human rights system capable of addressing future challenges requires, among other things, implementation of the decisions of the inter-American bodies for the protection of human rights, in accordance with the American Convention, as well as the building of a political environment of mutual trust among the various players that will facilitate ongoing, continuous, and open dialogue aimed at the identification and implementation of measures and actions needed to improve and strengthen the inter-American system for the protection and promotion of human rights;

 

            That it is vital, therefore, that the dialogue on the inter-American human rights system continue among member states of the Organization, with the participation of the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights, and the nongovernmental organizations involved, so that they may continue to gradually build consensus on the improvement and strengthening of the inter-American human rights system;

 

            That government efforts in the Hemisphere to improve and strengthen the inter-American human rights system, including the possibility of evaluating the pertinent legal instruments and the methods and working procedures of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, should be designed to strengthen the effective exercise and protection of human rights in the Hemisphere; and

 

            That, to that end, it is essential that all member states sign, ratify, or accede to, as appropriate, the American Convention on Human Rights; the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights; the Additional Protocol to the American Convention to Abolish the Death Penalty; and the following inter-American human rights instruments: the Inter-American Convention to Prevent and Punish Torture; the Inter-American Convention on Forced Disappearance of Persons; the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women; and the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities,

 

RESOLVES:

 

1.         To continue to improve and strengthen the inter-American system, through systematic and ongoing dialogue among the states, the organs of the system, and other parties involved, aimed at gradually building consensus on the current status of the system and on the obstacles and deficiencies to be overcome, with a view to guaranteeing the effective exercise and protection of human rights in the Hemisphere.

 

2.         To instruct the Permanent Council to continue to engage in a dialogue on the inter-American human rights system with a view to improving and strengthening that system by ensuring the participation of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights and by also inviting other bodies, such as the Inter-American Institute of Human Rights, and representatives of interested nongovernmental organizations to continue their contributions to that process.

 

3.         To instruct the Permanent Council to promote, in the context of the dialogue on the inter-American system, participation by national institutions involved in the promotion of human rights, such as defenders of the people, defenders of the population, human rights ombudsmen, or others with an equivalent role.

 

4.         To instruct the Permanent Council to promote a substantial increase in the allocation of resources to the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights in the coming fiscal years, in recognition of the fact that the protection and promotion of human rights is a central priority of the Organization.

 

5.         To urge the OAS member states to:

 

a.                   Attach the highest political priority to the universal adoption of the inter-American system through the signature and ratification of, or accession to, by all member states of the Organization, the American Convention on Human Rights and the other inter-American human rights instruments, giving consideration to the recognition of the binding jurisdiction of the Inter-American Court, and encourage the states that have not yet done so to adopt the domestic measures required for the signature and ratification of, or accession to, those instruments;

 

b.                   Adopt the necessary legislative or other measures, as applicable, to ensure the application of inter-American human rights provisions within the states;

 

c.                   Adopt the necessary measures to implement the decisions or judgments of the Inter-American Court of Human Rights, pursuant to the provisions of Article 68 of the American Convention, in the case of those states that recognize the binding jurisdiction of the Court;

 

d.                   Do their utmost, in good faith, to implement the recommendations of the Inter-American Commission on Human Rights; and

 

e.                   Take appropriate action in connection with the annual reports of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, in the context of the Permanent Council and the General Assembly of the Organization, in order to fulfill their duty as states to guarantee compliance with the obligations set forth in the instruments of the system.

 

6.         To recommend to the Inter-American Commission on Human Rights, in connection with its request for ideas and suggestions on the reform process, in accordance with the provisions governing its areas of competence, and in the context of the regulatory autonomy conferred upon it by the American Convention on Human Rights in terms of the procedures followed in processing individual cases, that it consider the possibility of:

 

a.                   Defining the criteria it follows for the opening of cases;

 

b.                   Resolving questions pertaining to the admissibility of individual petitions by opening a separate, mandatory procedure and issuing its findings by way of concise resolutions, the publication of which shall not prejudge the responsibility of the state;

 

c.                   Making all necessary efforts to ensure that individual cases are processed as expeditiously as possible and that each procedural stage, in particular the admissibility phase, is governed by reasonable deadlines; and considering the definition of the criteria to be followed in determining when a case should be closed because of inaction on the part of the petitioner;

 

d.                   Continuing to promote the friendly settlement procedure as a suitable mechanism for the successful resolution of individual cases;

 

e.                   Establishing minimum criteria that petitioners must meet for the Inter-American Commission on Human Rights to request a state to adopt precautionary measures, bearing in mind the circumstances and nature of a case;

 

f.                    Defining the criteria the Commission follows for referral of cases to the Inter-American Court of Human Rights; and

 

g.                   Establishing a frame of reference enabling the Commission to establish a new rapporteur function, define clearly the mandates of such a rapporteur, and appoint an individual to the position.

 

7.         To recommend to the Inter-American Court of Human Rights, in connection with its request for ideas and suggestions on the reform process, in accordance with the provisions governing its areas of competence, and in the context of the regulatory autonomy conferred upon it by the American Convention on Human Rights in terms of the procedures followed in processing individual cases, that it consider the possibility of:

 

a.                   Allowing direct participation by the victim as a party to proceedings, from the time that the case is first submitted to its jurisdiction, bearing in mind the need to maintain procedural equity and to redefine the role of the Commission in such proceedings (locus standi); and

 

b.                   Developing procedural rules to prevent the duplication of procedures in cases submitted to its jurisdiction, in particular the production of evidence, bearing in mind the differences in nature between the Court and the Commission.

 

8.         To transmit this resolution to the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights.

 

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

 

 


AG/RES. 1702 (XXX-O/00)

 

SUPPORT FOR THE WORK OF THE INTER-AMERICAN INSTITUTE

OF HUMAN RIGHTS

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on support for the work of the Inter-American Institute of Human Rights (CP/doc.3303/00);

 

            CONSIDERING its resolutions AG/RES. 1334 (XXV-O/95), AG/RES. 1405 (XXVI-O/96), and AG/RES. 1665 (XXIX-O/99) on support for the work of the Inter-American Institute of Human Rights;

 

            NOTING the outstanding work of the Inter-American Institute of Human Rights in promoting human rights by creating educational programs to inform the public about the rights internationally recognized by their states;

 

            RECOGNIZING the specialized training and technical assistance provided by the Inter-American Institute of Human Rights to judges, electoral tribunals, ministries of education, government human rights offices, police forces, and armed forces, and to civil society organizations, educators, jurists, and political parties;

 

            RECOGNIZING the participation of the Institute in the dialogue on the inter-American system for the promotion and protection of human rights, held under the aegis of the Committee on Juridical and Political Affairs; and

 

            EXPRESSING ITS APPRECIATION for the work of the Inter-American Institute of Human Rights in the countries of the Hemisphere over the 20 years since its foundation in building democracy and in the observance of human rights, as well as its technical assistance in drafting modern legislation and incorporating international law into domestic law,

 

RESOLVES:

 

1.         To support the Inter-American Institute of Human Rights so that it may continue to carry out promotional, educational, and specialized training activities in the field of human rights at the national, regional, and hemispheric levels, so as to strengthen the effective exercise of those rights.

 

2.         To encourage the states and international and regional financial institutions to support the various programs of the Inter-American Institute of Human Rights and to contribute to its financing.

3.         To pay tribute to the Inter-American Institute of Human Rights on the 20th anniversary of its creation in 1980 and to commend it on its tireless efforts over two decades in the area of human rights promotion and education.

 

            4.         To instruct the Permanent Council to invite the Institute to continue to participate in the dialogue on the inter-American system for the promotion and protection of human rights.

 

 


AG/RES. 1703 (XXX-O/00)

 

SPECIAL PROGRAM OF SUPPORT FOR GUATEMALA

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the report of the Secretary General on the Special Program of Support for Guatemala (CP/doc.3298/00);

 

CONSIDERING:

 

That the peace accords signed in Guatemala City on December 29, 1996, put an end to over three decades of internal armed conflict; and

 

The firm commitment of the Government of Guatemala to adopt the accords as a matter of state policy, so as to continue to strengthen peace, national reconciliation, and democracy in Guatemala;

 

BEARING IN MIND the solidarity of the international community, expressed in its commitment to continue supporting Guatemala in its efforts to carry out those accords fully; and

 

TAKING INTO ACCOUNT the progress made in implementing the accords, especially in the area of human rights, which is essential to strengthening peace and democracy, and in other areas of paramount importance, in accordance with the decisions adopted by the General Assembly in its resolution AG/RES. 1672 (XXIX-O/99),

 

RESOLVES:

 

1.         To commend the efforts of the Government of Guatemala and the progress made in fulfilling the commitments of the peace accords, which have taken the form of projects to foster dialogue and negotiation, to promote democratic values and political leadership, to strengthen legislative action by the state, to encourage citizen participation at the national level, and to lessen the threat and danger posed by explosive devices and antipersonnel mines, thereby reclaiming farmland and ranchland in the affected areas.

 

2.         To convey to the Government of Guatemala its pleasure at the achievements made in the area of human rights, which have been acknowledged by the organs of the inter-American and international systems.

 

3.         To request the General Secretariat to continue to support the efforts to strengthen democracy and peace, to rebuild, and to achieve reconciliation in Guatemala, through the Special Program of Support for Guatemala, adopted by the General Assembly in resolution AG/RES. 1378 (XXVI-O/96), and through the components of the Program, within the resources allocated in the program-budget and other resources.

 

4.         To acknowledge in particular the Governments of the United States of America, Denmark, the Netherlands, Norway, the United Kingdom, and Sweden, the Inter-American Development Bank (IDB), and the Soros-Guatemala Foundation for their financial contributions to the various components of the Special Program of Support for Guatemala.

 

5.         To renew its request to the General Secretariat that it continue its coordination with the United Nations Secretariat and with other international organizations for the purposes of this resolution.

 

            6.         To request the international community to continue its financial assistance to projects under the Special Program of Support for Guatemala.

 

7.         To request the General Secretariat to report on the implementation of this resolution to the General Assembly at its thirty-first regular session.

 

 


AG/RES. 1704 (XXX-O/00)

 

ANNUAL REPORT OF THE INTER-AMERICAN JURIDICAL COMMITTEE

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Juridical Committee (CJI) (CP/doc.3312/00) and the presentation of the report by the Chair of the CJI; 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 and entities [KRL10] of the Organization;

 

            That Article 53 of the OAS Charter establishes the CJI as one of the organs of the Organization; and

 

            That the CJI has presented its annual report to the Permanent Council, which has submitted its observations and recommendations thereon to the General Assembly,

 

RESOLVES:

 

            1.         To accept and forward to the Inter-American Juridical Committee (CJI) the observations and recommendations made by the Permanent Council of the Organization on that Committee's annual report.

 

            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 in preparing draft conventions, model legislation, and other studies requested of it.

 

            3.         To thank the CJI for preparing document CJI/doc.21/99, which, with its annexes, consolidates the final reports on illicit enrichment and transnational bribery.

 

            4.         To request the CJI to continue studying the different aspects of the enhancement of the administration of justice in the Americas, maintaining the necessary coordination and the highest possible degree of cooperation with other organs of the Organization that work in this area, especially with the Justice Studies Center of the Americas.

            5.         To request the CJI to continue its studies on inter-American cooperation against terrorism, in particular with respect to strengthening mechanisms for legal and judicial cooperation, especially in the area of extradition, and to cooperate with the Inter-American Committee against Terrorism (CICTE) when CICTE so requests.

 

            6.         To note that the CJI has included the topic of human rights and biomedicine on its agenda, and to request it to continue its studies in this area, with the initial focus on determining, in coordination with the Pan American Health Organization (PAHO), the current status of international law and the principal trends of legal thought on the subject.

 

            7.         To note that the CJI has included on its agenda the topic of application by the states in the Hemisphere of the United Nations Convention on the Law of the Sea[PB11] , and to request it to continue its studies and to send document CJI/doc.48/99, “Rights and Duties of States under the United Nations Convention on the Law of the Sea of 1982,” to the United Nations Division for Ocean Affairs and the Law of the Sea[PB12]  for comment.

 

            8.         To note that the CJI has included on its agenda the topic of the legal aspects of hemispheric security, and to request it to continue its studies, with a focus on examining the current status of the OAS Charter, the Inter-American Treaty of Reciprocal Assistance [PB13] (Rio Treaty), and the American Treaty on Pacific Settlement, “Pact of Bogotá.”

 

            9.         To request the CJI to issue in due course the opinion requested by the General Assembly through resolution AG/RES. 1691 (XXIX-O/99), “International Abduction of Minors by One of Their Parents[PB14] .”

 

            10.        To welcome the decision of the CJI to hold its 56th regular meeting at OAS headquarters from March 20 to 31, 2000, and, in special cases, to consider holding future regular meetings in other member states, in keeping with Article 105 of the OAS Charter, in order to further disseminate information on and awareness of the CJI’s work, bearing in mind that any regular meetings that the CJI decides to hold away from its headquarters must be funded through its regular budget.

 

            11.        To reiterate the need for closer ties between the CJI and the political organs of the OAS, especially the Committee on Juridical and Political Affairs of the Permanent Council.

 

12.               To thank the CJI for holding the Fourth Joint Meeting with Legal Advisers of the Ministries of Foreign Affairs of OAS Member States on March 23 and 24, 2000, at OAS headquarters, in the framework of its 56th regular meeting, and to encourage the CJI to continue holding meetings of this type.

 

            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 made to include more professors in the Course and increase the number of fellowship-holders attending, urging member states to take steps to encourage horizontal cooperation for this purpose.

 

            14.        To take note of the agenda adopted by the CJI for its next regular meeting, and to recommend that it eliminate or not include topics that may not reflect the priorities of the Organization.

 

            15.        To emphasize the need to extend the necessary administrative and budgetary support to enable the CJI to address properly the topics on the current inter-American legal agenda and issue recommendations thereon.

 


AG/RES. 1705 (XXX-O/00)

 

INTER-AMERICAN PROGRAM FOR THE DEVELOPMENT

OF INTERNATIONAL LAW

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on the implementation of resolution AG/RES. 1617 (XXIX-O/99), “Inter-American Program for the Development of International Law” (CP/CAJP-3313/00);

 

CONSIDERING:

 

            That the General Assembly, in resolution AG/RES. 1471 (XXVII-O/97), 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, in resolution AG/RES. 1617 (XXIX-O/99), “the necessity of continuing to carry out the various activities listed in the Inter-American Program for the Development of International Law as an indispensable means of strengthening international law”;

 

            That the Permanent Council, at its meeting of July 23, 1999, transmitted to the Committee on Juridical and Political Affairs the study and follow-up on activities carried out by the General Secretariat in fulfillment of the Inter-American Program for the Development of International Law;

 

            That multilateral treaties adopted in the OAS context are a valuable legal heritage that must be preserved and given broad dissemination;

 

            That dissemination of current issues among the political bodies of the OAS facilitates the study, discussion, negotiation, and development of new legal instruments in the framework of the inter-American system; and

 

            That promotion of cooperation in the development, dissemination, and teaching of legal issues under the inter-American system is essential for strengthening both the valuable legal heritage of the Organization and joint cooperation; and

 

            BEARING IN MIND the activities that the General Secretariat has been carrying out in implementing this inter-American program,

 

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 within the framework of the inter-American system.

 

            2.         To support the activities carried out by the Permanent Council of the Organization and by the General Secretariat in compliance with the Inter-American Program for the Development of International Law.

 

            3.         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 an awareness of the inter-American legal system, and the legal publications program, and to report thereon periodically to the Permanent Council.

 

            4.         To promote, pursuant to paragraphs (a) and (c) of the Inter-American Program for the Development of International Law, a comprehensive legal information program for the consolidation and development of the Inter-American System of Legal Information, in particular with respect to the dissemination of knowledge and experience via electronic media and to the creation and broadening of electronic networks on legal issues.

 

            5.         To strengthen the legal publications program, especially by printing treaties that have yet to be published and by publishing the Inter-American Juridical Yearbook, in accordance with paragraphs (k), (l), and (m) of the Inter-American Program for the Development of International Law; and, in particular, to direct that such budgetary measures as may be necessary to accomplish that goal be adopted.

 

            6.         To promote, in keeping with paragraphs (f), (g), (j), and (q) of the Inter-American Program for the Development of International Law, the design of programs and projects for training human resources, by putting into practice a strategy that includes the current fellowships system, the participation of universities and training institutes, and the development of pilot programs on specialized issues, fostering institutional conditions that will ensure lasting results.

 

            7.         To continue to conduct regional refresher courses on international law, in accordance with paragraphs (f), (g), and (j) of the Inter-American Program for the Development of International Law and, in particular, to organize over the coming year a course for the Caribbean region.

 

            8.         To continue, with external financial support, to promote the regional education program on inter-American legal instruments in the area of legal and judicial cooperation, with the participation of judges, prosecutors, law professors, attorneys, and international jurists and specialists, in pursuance of the mandates contained in paragraphs (f), (g), and (j) of the Inter-American Program for the Development of International Law.

 

            9.         To request the Permanent Council to monitor the implementation of this resolution, which shall be carried out within the 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. 1706 (XXX-O/00)

 

PromoTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW[KFC15] 

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            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), and AG/RES. 1619 (XXIX-O/99);[KFC16] 

 

            HAVING CONSIDERED the report of the Secretary General on the implementation of resolution AG/RES. 1619 (XXIX-O/99) (CP/CAJP-1649/00) and the report of the Permanent Council on the promotion of and respect for international humanitarian law (CP/doc.3314/00);

 

            DEEPLY CONCERNED over the persistent violations of international humanitarian law occurring throughout the world and, in particular, over the fate of the civilian population, which is increasingly subject to attacks that contravene the applicable fundamental rules[KRL17] ;

 

            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 the states that are parties thereto, those contained in the 1977 Additional Protocols to those conventions[KFC18] ;

 

            UNDERSCORING the need to strengthen the principles of international humanitarian law by achieving its universal acceptance, its widest possible dissemination[KFC19] , and its application;

 

            AWARE of the need to punish those responsible for war crimes[KFC20] , crimes against humanity, and other grave breaches [KRL21] of international humanitarian law[KFC22] ;

 

            TAKING INTO ACCOUNT IN THIS CONTEXT the historic significance of the adoption in Rome [KRL23] of the Statute of the International Criminal Court[KFC24] ;

 

            RECOGNIZING ONCE MORE the ongoing efforts of the International Committee of the Red Cross (ICRC) 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;[KFC25] 

 

            TAKING INTO CONSIDERATION the recommendations made in 1995 by the Group of Experts to study practical means of promoting full respect for and compliance with international humanitarian law[KRL26] , in particular, regarding the establishment of national committees or commissions [KRL27] to advise and assist governments regarding the dissemination and application of international humanitarian law;

 

            RECOGNIZING the important part that these national committees or commissions play 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, 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, which has furthered efforts to disseminate international humanitarian law in the Americas,

 

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[KFC28] .

 

            2.         To urge the member states that have not yet done so to consider ratification of, or, if applicable, accession to the [KFC30]1977 Additional Protocols I and II to the 1949 Geneva Conventions[KFC29]  .

 

            3.         Also to urge the members states that have not yet done so to consider signing or ratifying[KRL31] , as appropriate, the Statute of the International Criminal Court[KRL32] .

 

            4.         Further, to urge the 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);

 

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

 

c.                   The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict[KFC33] .

 

            5.         To underscore that it is important for states, in implementing the body of international humanitarian law, to pay special attention to the following provisions:[KRL34] 

 

a.                   The widest possible dissemination of international humanitarian law [KRL35] among the armed forces and security forces, by including it in official instruction programs and in the training of permanent armed forces staff in this area (Article 83 of Additional Protocol I to the Geneva Conventions);

 

b.                   The enactment of criminal legislation required to punish those responsible for war crimes and other grave breaches [KRL36] of international humanitarian law (Article 86 of Additional Protocol I to the Geneva Conventions);

 

c.                   The enactment of legislation to regulate the use of emblems[KRL37]  protected[KRL38]  under international humanitarian law and to punish the improper use [KRL39] thereof (Article 38 of Additional Protocol I to the Geneva Conventions and its Annex containing the regulations thereto); and

 

d.                   The obligation, in the study, development, acquisition, or adoption of a new weapon, to determine whether its employment would violate [KRL40] international humanitarian law, and, if it would, not to adopt it for use within the armed forces or security forces or manufacture it for other purposes (Article 36 of Additional Protocol I to the Geneva Conventions).

 

            6.         To urge the 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.

 

            7.         To urge the member states and all parties to an armed conflict to respect the impartiality, neutrality, and independence 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[KFC41] , and to ensure that the staff of humanitarian organizations are protected.

 

            8.         To invite the member states to continue to cooperate with the ICRC in its various spheres of responsibility and to facilitate its work[KFC42] , in particular, by using its advisory services to support states’ efforts to apply international humanitarian law.

 

9.                   To request the Secretary General to report to the Permanent Council prior to the thirty-first regular session[KFC43]  of the General Assembly on the implementation of this resolution.

 

 


AG/RES. 1707 (XXX-O/00)

 

THE ORGANIZATION OF AMERICAN STATES AND CIVIL SOCIETY

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on the implementation of General Assembly resolutions AG/RES. 1661 (XXIX-O/99), “The Organization of American States and Civil Society[KRL44] ,” and AG/RES. 1668 (XXIX-O/99), “Strengthening Cooperation between Governments and Civil Society[KRL45] ” (CP/doc.3318/00);

 

RECALLING:

 

            The establishment, in 1999, of the Committee on Civil Society Participation in OAS Activities[KRL46] , under the aegis of the Permanent Council; and

 

            The mandate of the Permanent Council contained in the **aforementioned resolution regarding the preparation and adoption, prior to December 31, 1999, of guidelines for civil society participation in OAS activities[KRL47] ;

 

            NOTING WITH SATISFACTION that on December 15, 1999, the Permanent Council adopted resolution CP/RES. 759 (1217/99), which contains the Guidelines for the Participation of Civil Society Organizations in OAS Activities[KRL48] ; and

 

RECOGNIZING:

 

            The growing importance of the role of civil society organizations in the public life of all member states of the Organization of American States; and

 

            The significant contribution of civil society organizations to the activities of the Organization of American States and of the related organs, agencies, and entities of the inter-American system,

 

RESOLVES:

 

            1.         To endorse the Guidelines for the Participation of Civil Society Organizations in OAS Activities[KRL49],  approved by the Permanent Council on December 15, 1999 [CP/RES. 759 (1217/99)], noting in particular the functions assigned to the Committee on Civil Society Participation in OAS Activities and the General Secretariat.

 

            2.         To take note of the register of civil society organizations [KRL50] (CSOs), in accordance with the procedures established in the Guidelines.

 

            3.         To instruct the General Secretariat to continue to take the necessary steps for the implementation and dissemination of the Guidelines.

 

            4.         To reiterate the importance of collaboration between governments and CSOs and, in that context, once again to encourage them to establish and continue to strengthen cooperation at national, state, provincial, and municipal levels.

 

            5.         Also to reiterate the mandates assigned to the General Secretariat in resolution AG/RES. 1668 (XXIX-O/99), and to request it to report, if applicable, to the Permanent Council, through the Committee on Civil Society Participation in OAS Activities, on the implementation of that resolution.

 

6.         To instruct the Permanent Council to report to the General Assembly at its thirty-first regular session on CSO participation in the context of the Guidelines and on the implementation of this resolution.

 

 


AG/RES. 1708 (XXX-O/00)

 

PROPOSED AMERICAN DECLARATION ON THE
RIGHTS OF INDIGENOUS POPULATIONS

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            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. 1610 (XXIX-O/99);

 

            BEARING IN MIND the Guidelines for the Participation of Civil Society Organizations in OAS Activities, approved by the Permanent Council in its resolution CP/RES. 759 (1217/99);

 

CONVINCED that the adoption of a declaration on the rights of indigenous populations will enhance the recognition, promotion, and protection of the rights of those populations, and will contribute to the development of pertinent activities by the Organization of American States in this area;

 

            CONSIDERING that, in accordance with resolution AG/RES. 1610 (XXIX-O/99), the Working Group to Prepare the Proposed American Declaration on the Rights of Indigenous Populations met from November 8 to 12, 1999; and

 

            HAVING STUDIED the report of the Chair of the Working Group to Prepare the Proposed American Declaration on the Rights of Indigenous Populations (GT/DADIN/doc.5/99),

 

RESOLVES:

 

            1.         To request the Permanent Council to renew the mandate of the [EG51] Working Group so that it may continue to consider the Proposed American Declaration on the Rights of Indigenous Populations and hold at least a second meeting before the thirty-first regular session of the General Assembly, in accordance with the resources allocated in the program-budget and other resources.

 

            2.         To recommend to the Working Group that it follow the procedures agreed upon for suitable participation in its work by representatives of indigenous communities, so that their observations and suggestions may be considered.

 

            3.         To request the Inter-American Indian Institute and the Inter-American Juridical Committee to continue to advise the Working Group as necessary.

 

            4.         Also to request the General Secretariat to publicize the efforts of the Working Group as necessary and consider[EG52]  the necessary measures to promote more representative involvement in the Working Group by the Hemisphere's[EG53]  indigenous community organizations.

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

 

 


AG/RES. 1709 (XXX-O/00)

 

CHILDREN AND ARMED CONFLICTS

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            RECALLING its resolution AG/RES. 1667 (XXIX-O/99), in which it instructed the Inter-American Children’s Institute to deal systematically with the problem of the participation of children in armed conflicts[KRL54] ;

 

            ALARMED by the recruitment of children and their participation and use in armed conflicts, and noting that more than 300,000 children under 18 years of age are currently participating in armed conflicts worldwide;

 

            DEEPLY CONCERNED that too often children are the intended or collateral victims of hostilities in the context of armed conflicts, suffering long-term physical, emotional, and psychological trauma;

 

            RECOGNIZING that, in such situations, children are deprived, inter alia, of their right to due protection;

 

            NOTING the recommendations contained in the Declaration adopted by the Latin American and Caribbean Conference on the Use of Children as Soldiers[KRL55] , held in Montevideo, from July 5 to 8, 1999;

 

            WELCOMING recent international efforts to address the issue of the forced recruitment of children, including the adoption in 1998 of the Rome Statute [KRL56] of the International Criminal Court[KRL57] ; the adoption in 1999 of Convention No. 182 [JC58] of the International Labour Organization (ILO) on the prohibition of the worst forms of child labor[KRL59] , including the forced or compulsory recruitment of children for use in armed conflict[KRL60]s ; and the adoption in 2000 of the Optional Protocol to the United Nations Convention on the Rights of the Child [KRL61] regarding the participation of children in armed conflicts;

 

            RECALLING the rules of international humanitarian law that protect children in situations of armed conflicts; and

 

            Having considered the Annual Report of the Inter-American Children’s Institute (CP/doc.3278/00) and, in particular, the resolutions of its Directing Council [KRL62] in this area,

 

RESOLVES:

 

            1.         To urge the member states to consider signing and ratifying the Optional Protocol to the United Nations Convention on the Rights of the Child regarding the participation of children in armed conflicts.

 

            2.         Also to urge the member states that have not yet done so to sign and ratify without delay Convention No. 182 of the International Labour Organization on the prohibition of the worst forms of child labor.

 

            3.         To call upon all parties in armed conflicts, with due urgency, to observe the rules of international humanitarian law that protect children.

 

            4.         To support the efforts of the countries concerned to demobilize child soldiers, and to rehabilitate and reintegrate into society children affected by armed conflicts.

 

            5.         To request the Inter-American Children’s Institute to continue to work actively in this area and identify a body to assume responsibility for following up on this resolution.

 

 


AG/RES. 1710 (XXX-O/00)

 

COOPERATION BETWEEN THE ORGANIZATION OF AMERICAN STATES
AND THE UNITED NATIONS SYSTEM

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the General Secretariat on the implementation of resolution AG/RES. 1639 [KFC63] (XXIX-O/99), “Cooperation between the Organization of American States and the United Nations System” (CP/doc.3304/00),

 

RESOLVES:

 

1.         To express its appreciation for the activities carried out jointly by the two organizations under the OAS/UN Cooperation Agreement.

 

2.         To request the Secretary General of the OAS to continue and to strengthen activities involving cooperation between the two organizations; to facilitate increased intersectoral contacts among the heads of the technical areas of the two organizations, within the context of the OAS/UN Cooperation Agreement; and to report on these actions to the General Assembly at its thirty-first regular session.

 

 


AG/RES. 1711 (XXX-O/00)

 

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

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN resolution AG/RES. 1671 (XXIX-O/99), “‘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,” which instructs the Permanent Council to continue studying, in coordination with the Inter-American Commission on Human Rights (IACHR), the matter addressed therein;

 

HAVING EXAMINED the report of the Permanent Council on this matter;

 

CONSIDERING:

 

            That during the presentation of the 1999 Annual Report of the IACHR there was an exchange of opinions and points of view between the Commission and the member states on the situation of human rights defenders in the region;

 

            That in the above-mentioned Annual Report the IACHR stated that “in 1999, acts of intimidation, disappearances, and assaults, some leading to fatalities, continued to be perpetrated against persons and organizations engaged in the defense of human rights[JC64] ,” expressed grave concern regarding this matter, and indicated “that the member states should take the necessary steps to protect the life, personal security, and freedom of expression of those who work to ensure respect for fundamental rights, in accordance with the collective commitment expressed in OAS General Assembly resolution AG/RES. 1671 (XXIX-O/99)[JC65] ”; and

 

            That the IACHR has been engaging in activities and adopting measures designed to protect the fundamental rights of the defenders;

 

RECALLING:

 

That at the Summits of the Americas the Heads of State and Government affirmed that “respect for and promotion of human rights and the fundamental freedoms of all individuals is a primary concern of our governments”; and

 

That the OAS General Assembly has previously expressed its views on this subject along the same lines, reiterating its recommendation that the governments of member states “grant the necessary guarantees and facilities to enable nongovernmental human rights organizations to continue contributing to the promotion and protection of human rights, and that they respect the freedom and safety of the members of such organizations” [AG/RES. 1044 (XX-O/90)];

 

RECOGNIZING the important work, at both the national and regional levels, of human rights defenders in the Americas, as well as their valuable contribution to the protection and promotion of fundamental rights and freedoms;

 

CONCERNED over the persistence in the Americas of situations that directly or indirectly prevent or hamper the work of individuals, groups, or organizations working to promote and protect fundamental rights; and

 

AWARE of the importance of promoting respect for the essential aims, principles, and standards set forth in inter-American and international instruments on this matter,

 

RESOLVES:

 

1.         To reiterate its support for the work carried out, at both the national and regional levels, by human rights defenders; and to recognize their valuable contribution to the promotion, protection, and observance of human rights and fundamental freedoms in the Americas.

 

2.         To deplore acts that directly or indirectly prevent or hamper the work of human rights defenders; and to urge member states to intensify their efforts to adopt the necessary measures, in keeping with their national laws, to guarantee the life, humane treatment, and freedom of expression of human rights defenders, in keeping with internationally accepted principles and standards.

 

3.         To invite the Inter-American Commission on Human Rights to continue to pay due attention to the situation of human rights defenders in the Americas; and to invite the Permanent Council to promote the examination of this matter in the context of the dialogue on strengthening and enhancing the inter-American human rights system.

 

4.         To urge member states and the organs and agencies of the inter-American human rights system to intensify their efforts to publicize the inter-American instruments and OAS resolutions that protect and safeguard the work of human rights defenders, as well as the United Nations Declaration on the Right and Responsibility of Individuals, Groups, and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms[O67][O66]  .

 

            5.         To instruct the Permanent Council to follow up on this resolution and to report on its implementation to the General Assembly at its thirty-first regular session.

 

 


AG/RES. 1712 (XXX-O/00)

 

PREPARATION OF A DRAFT INTER-AMERICAN CONVENTION AGAINST RACISM

AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            CONSIDERING that Article II of the American Declaration of the Rights and Duties of Man, 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;[EJY68] 

 

            HAVING SEEN the American Convention on Human Rights, signed in San José, Costa Rica, in 1969, Articles 1 and 2 of which prohibit discrimination for reasons of race, color, sex, religion, social origin, or any other condition;[EJY69] 

 

            TAKING INTO ACCOUNT that operative paragraph 3 of resolution AG/RES. 1271 (XXIV-O/94) 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 was adopted by the United Nations in 1965 and that plans are being made to hold the World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, in South Africa in 2001, as well as regional and subregional meetings in preparation for that Conference;

 

            FURTHER TAKING INTO ACCOUNT resolution AG/RES. 1695 (XXIX-O/99), which urges member states to support the efforts to organize the World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance;

 

            CONSIDERING that it is imperative that the international legal framework be expanded and that national legislation be reinforced 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 all of them; and

 

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

 

RESOLVES:

 

1.         To entrust 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, with a view to submitting the matter to the General Assembly at its thirty-first regular session for consideration; and to direct that, for this purpose, the Permanent Council may consult the organs of the inter-American system and take into account the contributions of civil society, as well as the preparatory work for the World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance.

 

2.         To urge member states to support activities for organizing the World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, which will be held in South Africa in 2001.

 

3.         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 in force.

 

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

 

 


AG/RES. 1713 (XXX-O/00)

 

COOPERATION BETWEEN THE GENERAL SECRETARIAT OF THE

ORGANIZATION OF AMERICAN STATES AND THE GENERAL SECRETARIAT

OF THE CENTRAL AMERICAN INTEGRATION SYSTEM

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Secretary General on the implementation of resolution AG/RES. 1629 (XXIX-O/99), “Cooperation between the General Secretariat of the Organization of American States and the General Secretariat of the Central American Integration System[KRL70] ” (CP/doc.3310/00),

 

RESOLVES:

 

            1.         To take note of the report of the Secretary General on the implementation of resolution AG/RES. 1629 (XXIX-O/99).

 

            2.         To request the Secretary General to continue and to intensify efforts to pursue joint activities between the General Secretariat of the OAS and the General Secretariat of the Central American Integration System (SICA).

 

            3.         To express to the Secretary General its satisfaction with the activities that the OAS technical areas are coordinating with SICA, which have made it possible to join forces in the pursuit of common objectives.

 

            4.         To request the Secretary General to present a report to the General Assembly at its thirty-first regular session on the implementation of this resolution.

 

 


AG/RES. 1714 (XXX-O/00)

 

COOPERATION BETWEEN THE GENERAL SECRETARIAT OF

THE ORGANIZATION OF AMERICAN STATES AND

THE GENERAL SECRETARIAT OF THE CARIBBEAN COMMUNITY

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report on the implementation of resolution AG/RES. 1675 (XXIX-O/99), "Cooperation between the General Secretariat of the Organization of American States and the General Secretariat of the Caribbean Community" (CP/doc.3309/00),

 

RESOLVES:

 

1.                   To take note of the report of the Secretary General on the implementation of resolution AG/RES. 1675 (XXIX-O/99).

 

2.                   To renew its request to the Secretary General to continue and to strengthen activities involving technical cooperation between the General Secretariat of the Organization of American States and the General Secretariat of the Caribbean Community (CARICOM).

 

3.                   To express its satisfaction with the efforts of the Assistant Secretary General to coordinate the promotion and follow-up of joint activities conducted by the two organizations.

 

4.                   To request the General Secretariat to continue implementing the recommendations of the OAS/CARICOM General Meeting held at OAS headquarters in 1998.

 

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

 

 

 


AG/RES. 1715 (XXX-O/00)

 

OBSERVAtions and RECOMmENDAtions on the annual report

of the inter-american commission oN human rights

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the annual report of the Inter-American Commission on Human Rights (IACHR) and the presentation by the Chair of the Commission, as well as the observations and recommendations of the Permanent Council on the annual report of the IACHR (CP/doc.3325/00); and

 

CONSIDERING:

 

            That the member states of the Organization of American States have proclaimed in the Charter of the Organization, as one of its principles, respect for the fundamental rights of the individual without distinction as to race, nationality, creed, or sex[KRL71] ;

 

            That, under the OAS Charter and the American Convention on Human Rights, one of the principal functions of the IACHR is to promote the observance and protection of human rights[KRL72] ;

 

            That the Heads of State and Government expressed in the Declaration[KRL73]  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[KRL74] ”; and

 

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

 

RESOLVES:

 

1.                   To take note of and express its appreciation for the annual report of the Inter-American Commission on Human Rights (IACHR).

 

            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 urge the IACHR to continue to promote the observance and protection of human rights, in keeping with the American Convention on Human Rights.

 

            4.         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.

 

            5.         To urge those member states of the OAS that have not yet done so to accord the highest political priority to consideration of the signature or ratification of, or accession to, as appropriate, the American Convention on Human Rights and to consider recognizing the binding jurisdiction of the Inter-American Court of Human Rights.

 

            6.         To instruct the Permanent Council to promote, in the coming fiscal periods, a substantial increase in the resources allocated to the Commission, given that the promotion and protection of human rights is a fundamental priority of the Organization.

 

            7.         To request the Permanent Council to report to the General Assembly in due course on the implementation of this resolution.

 

 


AG/RES. 1716 (XXX-O/00)

 

observations and recommendations OF THE MEMBER STATES on the ANNUAL REPORT OF THE Inter-American Court of Human Rights[1]/

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

            HAVING SEEN the observations and recommendations of the Permanent Council on the annual report of the Inter-American Court of Human Rights (CP/doc.3326/00) and the presentation of that report by the President of the Court;[KFC75] 

 

CONSIDERING:

 

            That Article 54.f of the Charter of the Organization of American States establishes that it is a function of the General Assembly to consider the observations and recommendations presented by the Permanent Council on the reports of the organs, agencies, and entities of the Organization in accordance with Article 91.f of the Charter[KFC76] ;

 

            That Article 65 of the American Convention on Human Rights, “Pact of San José, Costa Rica,” establishes that the Court shall submit to the OAS General Assembly for consideration a report on its work during the previous year and shall specify, in particular, the cases in which a state has not complied with the Court’s judgments and make any pertinent recommendations; and

 

            That the Inter-American Court of Human Rights presented its annual report to the Permanent Council, which has forwarded observations and recommendations thereon to the General Assembly[KFC77] ;

 

BEARING IN MIND that the denunciation of inter-American legal instruments on human rights and the withdrawal of recognition of the Court’s binding jurisdiction affect the regional system as a whole, due to its particular nature; and

 

ConsiderING that acceptance of the adjudicatory jurisdiction of the Court may only be made unconditionally or on condition of reciprocity for a specified period, or for specific cases, pursuant to Article 62.2 of the American Convention,

 

RESOLVES:

 

1.         To receive and transmit to the Inter-American Court of Human Rights the observations and recommendations of the OAS Permanent Council on the annual report[KFC78] .

 

2.         To reiterate that the judgments of the Court are final and may not be appealed and that the states parties to the Convention undertake to comply with the rulings of the Court in all cases to which they are party.

 

3.         To urge the states that have denounced the American Convention on Human Rights “Pact of San José, Costa Rica” or that have withdrawn their recognition of the binding jurisdiction of the Court to reconsider their decisions.

 

4.         To urge those member states of the OAS that have not yet done so to accord the highest political priority to consideration of the signature or ratification of, or accession to, as appropriate, the American Convention on Human Rights[KFC79] , and to consider recognizing the binding jurisdiction of the Inter-American Court of Human Rights.

 

5.         To instruct the Permanent Council to promote, in the coming fiscal periods, a substantial increase in the resources allocated to the Court, given that the promotion and protection of human rights is a fundamental priority of the Organization.

 

6.         To thank the Inter-American Court of Human Rights for its work during the period covered by this report.

 

 

 


AG/RES. 1717 (XXX-O/00)

 

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS
AND THEIR FAMILIES[2]/

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

HAVING SEEN:

 

The Report of the Permanent Council on the human rights of all migrant workers and their families (CP/doc.3327/00), presented in accordance with resolution AG/RES. 1611 (XXIX-O/99); and

 

            The annual report of the Inter-American Commission on Human Rights (IACHR);

 

CONSIDERING:

 

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

 

That the American Convention on Human Rights recognizes that essential human rights are not derived from one’s being a national of a certain state, but are based upon attributes of the human personality, and therefore justify international protection;

 

That the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families establishes the duty of states to ensure to 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; and

 

            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;

 

            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 as a result of cultural differences, especially with respect to language and customs; and their circumstances often lead to the breakdown of the family;

 

            BEARING IN MIND the Declaration and the Plan of Action of the Second Summit of the Americas,

 

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 apply to all persons, including migrant workers and their families.

 

2.                   To urge those member states that have not yet done so to accord the highest political priority to consideration of the signature or ratification of, or accession to, as appropriate, the American Convention on Human Rights and to give serious consideration to signing, ratifying, or acceding to the International Convention on the Protection of the Rights of All Migrant 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, as envisaged in the above-mentioned instruments.

 

4.         To reaffirm, emphatically, the duty of states to ensure full respect and observance of the 1963 Vienna Convention on Consular Relations, particularly with regard to the right of foreign nationals, regardless of their immigration status, to communicate with a consular official of their own state in case of detention and the obligation of the state in whose territory the detention occurs to inform the foreign national of that right.

 

5.         To recommend to the Inter-American Commission on Human Rights (IACHR) that it continue to pay the utmost attention to cases in which the human rights of migrant workers or their families have been violated.

 

6.         To request the IACHR, in light of the notable progress made thus far, to present the report on the status of the rights of all migrant workers and their families to the General Assembly prior to its thirty-first regular session, and to invite the member states to continue to cooperate with the IACHR to that end.

 

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

 

8.         To call upon 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 their families.

 

9.         To recommend to the Inter-American Council for Integral Development that it support projects and activities to benefit all migrant workers and their families, as an expression of inter-American solidarity, an essential element in the integral development of the member states.

 

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

 

 


AG/RES. 1718 (XXX-O/00)

 

REFORM OF THE INTER-AMERICAN INDIAN INSTITUTE

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            RECOGNIZING the progress made by the Working Group on the Proposed American Declaration on the Rights of Indigenous Populations, including the valuable contribution made by representatives of indigenous populations;

 

            CONVINCED that inter-American cooperation can contribute to solving the problems faced by indigenous populations throughout the Hemisphere;

 

            CONSIDERING the growing strength of indigenous-to-indigenous linkages and the importance of harmonious relations between indigenous populations and their respective governments; and

 

            HAVING EXAMINED the Annual Report of the Inter-American Indian Institute to the General Assembly (CP/doc.3281/00),

 

RESOLVES:

 

            1.         To support the work of the Inter-American Indian Institute (III); and to urge the member states of the Institute to participate in its reform process on the basis of consultations among the organs of the inter-American system, including the General Secretariat, the other OAS member states, and representatives of indigenous communities of the Hemisphere.

 

            2.         To request the III to report to the General Assembly at its thirty-first regular session on the progress achieved in its reform process.

 

 


AG/RES. 1719 (XXX-O/00)

 

THE SITUATION OF THE PERMANENT OBSERVERS AND THEIR
PARTICIPATION IN THE COOPERATION ACTIVITIES
AND PROGRAMS OF THE ORGANIZATION

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            RECALLING its resolution AG/RES. 50 (I-O/71), through which it established the status of permanent observer to the Organization of American States, and its other resolutions on this topic, in particular resolution AG/RES. 1491 (XXVII-O/97), in which it expressed the advisability of establishing criteria recognizing the diverse forms of participation by permanent observers in the activities and programs of the Organization;

 

            BEARING IN MIND the pertinent resolutions of the Permanent Council, in particular resolution CP/RES. 407 (573/84);

 

HAVING SEEN the report of the General Secretariat of the Organization (CP/CAJP-1641/00), presented in compliance with resolutions AG/RES. 1555 (XXVIII-O/98) and AG/RES. 1662 (XXIX-O/99);

 

CONSIDERING that, among the states that have permanent observer status, special recognition should be given to those that have a history of close and ongoing cooperation with the Organization in its activities and programs and have shown particular interest in strengthening their ties with the inter-American community; and

 

CONVINCED of the need to encourage all permanent observers to increase their participation in the cooperation activities and programs of the Organization,

 

RESOLVES:

 

1.                   To express its appreciation to all the permanent observers that contribute to the cooperation activities and programs of the Organization.

 

            2.         To give special recognition to the Kingdom of Spain and the French Republic as states which, by way of their permanent observer missions, each headed by an ambassador accredited exclusively to the OAS, have shown a firm commitment to the Organization.

 

            3.         To request the General Secretariat to take the additional administrative measures necessary to facilitate still further the participation of the permanent observers in the cooperation activities and programs of the Organization.

 


AG/RES. 1720 (XXX-O/00)

 

TRADE AND INTEGRATION IN THE AMERICAS

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the Report of the Permanent Council and the Permanent Executive Committee of the Inter-American Council for Integral Development (CEPCIDI) on the implementation of resolution AG/RES. 1689 (XXIX-O/99);

 

            RECALLING resolutions AG/RES. 1689 (XXIX-O/99), AG/RES. 1581 (XXVIII-O/98), AG/RES. 1516 (XXVII-O/97), AG/RES. 1430 (XXVI-O/96), CIDI/RES. 99 (V-O/00), CIDI/RES. 63 (IV-O/99), and CIDI/RES. 46 (III-O/98), entitled “Trade and Integration in the Americas”; AG/RES. 1534 (XXVIII-O/98), “Support for and Follow-up to the Summits of the Americas Initiatives”; AG/RES. 1438 (XXVI-O/96), “Relationship between the Special Committee on Trade and the Inter-American Council for Integral Development”; AG/RES. 1349 (XXV-O/95), “Inter-American Summits Management”; and resolution AG/RES. 1220 (XXIII-O/93), “Establishment of the Special Committee on Trade (SCT),” in which the member states noted that the Organization of American States is an appropriate hemispheric forum for dialogue on trade matters;

 

            BEARING IN MIND the Declaration of Santiago of the Second Summit of the Americas (Santiago, 1998), in which the Heads of State and Government of the Hemisphere directed their ministers responsible for international trade to begin negotiations for the Free Trade Area of the Americas (FTAA) and reaffirmed their determination to conclude the negotiation of the FTAA no later than 2005, and in which they also reaffirmed their determination to make concrete progress by the end of the 20th century, and expressed their appreciation for the significant contribution of the Tripartite Committee;

 

            NOTING WITH SATISFACTION the Ministerial Declaration of San José adopted by the Ministers of Trade at their Fourth Ministerial Meeting in San José, Costa Rica (March 1998), in which they recommended to their Heads of State and Government that they initiate negotiation of the FTAA in accordance with the objectives, principles, structure, venue, and other decisions set forth in the Declaration; acknowledged and again expressed their appreciation to the Tripartite Committee for the technical and logistical support given during the preparatory phase of the FTAA negotiations; and requested that the respective institutions of the Tripartite Committee continue to provide the appropriate existing resources necessary to respond positively to requests for technical support from FTAA entities, including reallocation for this purpose if necessary;

 

            NOTING the Ministerial Declaration of Toronto adopted by the Ministers of Trade at their Fifth Ministerial Meeting, held in Toronto, Canada, in November 1999, in which they “recognize and appreciate the analytical, technical, and financial support that continues to be provided by the institutions comprising the Tripartite Committee….  This support has been essential to the conduct of the negotiations to date, and we ask the institutions of the Tripartite Committee to continue to provide such assistance for FTAA-related matters”;

 

            CONSIDERING that economic diversification and integration, trade liberalization, and market access constitute one of the priorities established in the Strategic Plan for Partnership for Development 1997-2001 and that the process of creating the FTAA is a fundamental element in this context; and

 

            REAFFIRMING the commitment of the Organization of American States to support the process of free trade and economic integration in the Hemisphere and to reiterate the importance of the contribution of the General Secretariat and, in particular, the Trade Unit to this process,

 

RESOLVES:

 

            1.         To take note of the Report of the Permanent Council and the Permanent Executive Committee of the Inter-American Council for Integral Development (CEPCIDI) on the implementation of resolution AG/RES. 1689 (XXIX-O/99), “Trade and Integration in the Americas.”

 

            2.         To accept the recommendation of the Chair of the Special Committee on Trade (SCT), based on his consultations with member states of the SCT, to maintain the status quo, that is, to maintain the existence of the SCT without convening it.

 

            3.         To instruct the General Secretariat to continue providing analytical support and technical assistance through the Trade Unit, and conducting related studies as part of the Tripartite Committee or as requested by the respective bodies established in the Ministerial Declaration of San José, under the Free Trade Area of the Americas (FTAA) process.

 

            4.         To instruct the General Secretariat to continue providing technical assistance related to FTAA issues to member countries that request it, particularly the smaller economies, as requested by the Trade Ministers in the Ministerial Declaration of San José.

 

            5.         To reiterate its support for the collaborative activities on trade and integration of the Tripartite Committee, and to recognize the contribution to those activities of other specialized regional, subregional, and multilateral organizations and of regional and subregional institutions.

 

            6.         To instruct the Permanent Council to continue to provide the appropriate existing resources necessary to respond positively to requests for technical support from FTAA entities, including reallocation for this purpose if necessary.

 

            7.         To instruct the General Secretariat to submit, by November 15, 2000, the 2001 annual Work Plan of the Trade Unit to CEPCIDI for its consideration and approval.

 

            8.         To instruct the General Secretariat to continue providing semiannual written progress reports on the activities of the Trade Unit, including information on its level of budget execution, to the Permanent Council and CEPCIDI for their review.

 

            9.         To instruct the Foreign Trade Information System (SICE) to continue its work in providing trade and trade-related information to the Hemisphere through its Internet Web site; to continue its work in support of the FTAA process by maintaining, as a member of the Tripartite Committee, the official FTAA Web site; to maintain, as a member of the Tripartite Committee, on an ongoing basis a calendar of the deadlines established by the negotiating groups for inputs from delegations; and to manage, as a member of the Tripartite Committee, the Document Distribution System (DDS), a secure, confidential, real-time, and reliable distribution system and historical archive of the FTAA negotiation process documents.

 

            10.        To recognize the important achievements of SICE, in particular the measures taken to broaden its trade and trade-related information and its client base and to support its continued operations.

 

            11.        To direct that the mandates in the preceding paragraphs be executed within the resources allocated in the program-budget and other resources.

 

12.               To request the Permanent Council and CEPCIDI to report to the General Assembly at its thirty-first regular session on the implementation of this resolution.

 

 

 


AG/RES. 1721 (XXX-O/00)

 

PROMOTION OF DEMOCRACY

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

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, with due respect for the principle of nonintervention”;

 

HAVING SEEN the Annual Report of the Permanent Council (AG/doc.3848/00) and the Report of the Committee on Juridical and Political Affairs (CP/CAJP-1664/00 rev. 2) as it relates to the promotion of representative democracy;

 

CONSIDERING:

 

Resolution AG/RES. 1063 (XX-O/90), which requested the Secretary General “to establish within the General Secretariat a Unit for the Promotion of Democracy,” and resolution CP/RES. 572 (882/91), in which the Permanent Council adopted the Program of Support for the Promotion of Democracy; and

 

That, pursuant to resolution CP/RES. 572 (882/91), the Unit “will be available to perform such tasks as the competent authorities may entrust to it in support of democracy in the Hemisphere”;

 

            TAKING INTO ACCOUNT its resolutions on representative democracy: AG/RES. 1080 (XXI-O/91), AG/RES. 1402 (XXVI-O/96), AG/RES. 1475 (XXVII-O/97), AG/RES. 1551 (XXVIII-O/98), AG/RES. 1648 (XXIX-O/99), and AG/RES. 1696 (XXIX-O/99);

 

            TAKING NOTE of the report of the Working Group on Representative Democracy and the rapporteur’s report on the Seminar for Analysis and Reflection on Participatory Democracy[KFC80]  (CP/CAJP-1638/00 corr. 1), held at OAS headquarters on April 10 and 11, 2000, pursuant to resolution AG/RES. 1684 (XXIX-O/99), “Participatory Democracy”; and

 

            HAVING CONSIDERED the report of the Chair of the Working Group on Representative Democracy on the Seminar for Analysis and Reflection on Participatory Democracy[KFC82][JC81],   

 

RESOLVES:

 

1.         To take note of the report of the Permanent Council on the promotion of representative democracy[KFC83] .

 

2.         To take note, with satisfaction, of the Seminar for Analysis and Reflection on Participatory Democracy, held at OAS headquarters on April 10 and 11, 2000.

 

3.         To take note of the presentation to the Working Group on Representative Democracy of the revised version of the Manual for the Organization of Election Observation Missions in the Framework of the OAS, which had been requested so that it would take into account the observations made by the Working Group[KFC84]  .

 

4.         To instruct the General Secretariat to continue, through the Unit for the Promotion of Democracy (UPD) and in accordance with the resources allocated in the program-budget and other resources, to conduct studies and seminars and to promote or sponsor efforts [KFC85] on democracy-related topics adopted at the Summits of the Americas.

 

5.         To instruct the Permanent Council, acting through the Working Group on Representative Democracy, to:

 

a.         Study the updated annual inventory of activities related to the promotion of democracy;

 

b.         Consider presenting the report on activities related to execution of the mandates of the Summits of the Americas related to democracy;

 

c.         Examine the progress reports on the activities carried out by the Unit for the Promotion of Democracy, including information on the level of budget execution, for which projects will be presented to the Working Group by the General Secretariat within 45 days following the end of each quarter, and include its comments and observations in its annual report;

 

d.         Consider periodically inviting experts to give presentations on topics selected by the Working Group, including electoral participation, political parties, decentralization, institutional weaknesses, and access to information; and

 

e.         Study and approve, by the end of 2000, the UPD Work Plan for 2001, ensuring that said plan includes activities in support of the mandates related to the promotion and defense of democracy, and assigned to the OAS, that arose out of the plans of action of the Summits of the Americas.

 

6.         To request the General Secretariat to:

 

a.         Regularly update, through the Unit for the Promotion of Democracy, the annual inventory on the activities related to the promotion of representative democracy carried out in the Organization[KFC86]  [KFC87] and to do so with collaboration from different organs, agencies, and entities working in this area;

 

b.         Foster closer cooperation between the UPD and the various organs, agencies, and entities of the OAS working in areas related to the promotion and defense of representative democracy; and

 

c.         Give semiannual presentations to the Permanent Council on its activities with regard to the democracy-related mandates from the Summits of the Americas.

 

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

 

 


AG/RES. 1722 (XXX-O/00)

 

PARLIAMENTARY NETWORK OF THE AMERICAS

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report of the Permanent Council on the topic “Parliamentary Network of the Americas,” presented in fulfillment of resolution AG/RES. 1673 (XXIX-O/99) (CP/doc.3332/00);

 

RECALLING:

 

            The Declaration of Santiago of the Second Summit of the Americas, which reaffirms the willingness of the Heads of State and Government to enhance dialogue and inter-American cooperation in a spirit of cooperation and solidarity; and

 

            The mandates contained in resolutions AG/RES. 1599 (XXVIII-O/98) and AG/RES. 1673 (XXIX-O/99), “Parliamentary Network of the Americas”;

 

            HAVING EXAMINED the report of the Secretary General on the implementation of resolution AG/RES. 1673 (XXIX-O/99) and its appendixes (CP/CAJP-1663/00); and

 

            CONSIDERING that, in the inter-American context, interparliamentary dialogue plays an important part in promoting, inter alia, mutual awareness and cooperation through the exchange of experience on matters of common interest,

 

RESOLVES:

 

            1.         To welcome the holding of the Meeting of Chairs of the Foreign Affairs Committees or Equivalent Bodies of the National Congresses or Parliaments of the OAS Member States, at the Organization’s headquarters, on March 29 and 30, 2000.

 

2.                   To take note of the report of the Secretary General on the implementation of resolution AG/RES. 1673 (XXIX-O/99) and its appendixes (CP/CAJP-1663/00).

 

            3.         To note with satisfaction the decision of the legislators to hold the meeting “Interparliamentary Forum of the Americas” in Canada, before the Summit of the Americas to be held in Quebec City, Canada, in April 2001.

 

            4.         To request the General Secretariat to offer, taking into account budgetary constraints and the priorities established by the Permanent Council, technical advice in the preparatory work for the meeting mentioned in the preceding paragraph, mindful that on this occasion the legislators will consider, among other matters, the question of a possible tie with the Organization.

 

            5.         To instruct the Secretary General to keep the Permanent Council informed with respect to the implementation of this resolution and report thereon to the General Assembly at its thirty-first regular session.

 

 


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

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            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/doc.3333/00);

 

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. 1649 (XXIX-O/99), "Enhancement of Probity in the Hemisphere and Follow-up on the Inter-American Program for Cooperation in the Fight against Corruption,"[EB88]  the Permanent Council was instructed to promote the exchange of experiences and information among public institutions and international organizations and, in following up on the Inter-American Program on the Fight against Corruption, adopted by the General Assembly through resolution AG/RES. 1477 (XXVII-O/97), to consider "specific measures to encourage ratification and implementation of the Convention, strengthen cooperation, and provide technical assistance to member states which request it, and exchange information and experiences regarding implementation of the Convention, taking into account the conclusions and recommendations of the Symposium on Enhancement of Probity in the Hemisphere[JC89] ";[EB90] 

 

CONSIDERING that the Inter-American Convention against Corruption has been signed by 26 member states and ratified by 19;

 

ACKNOWLEDGING WITH SATISFACTION the work of the Working Group on Probity and Public Ethics, particularly the Special Meeting on the Enhancement of Probity and the Fight against Corruption in the Americas, held on March 31, 2000–a meeting attended by representatives of international and regional organizations, the private sector, and civil society;

TAKING INTO ACCOUNT the important efforts being made in the prevention of and fight against corruption by, inter alia, the Inter-American Development Bank, the World Bank, the International Monetary Fund, the United Nations agencies, the Organisation for Economic Co-operation and Development (OECD), and the Council of Europe, as well as bilateral cooperation agencies and other entities of the private sector and civil society;

 

            RECOGNIZING the increasing worldwide attention to the concept of "corporate social responsibility" and that issues connected with that subject, including, inter alia, the role of companies in the prevention of and fight against corruption, are being addressed in various forums at the multilateral level, such as the United Nations, the International Labour Organization, and the OECD, in the framework of their respective mandates;

 

BEARING IN MIND that the Plan of Action of the Second Summit of the Americas expressed resolute support for the Inter-American Program for Cooperation in the Fight against Corruption and its implementation, as well as for carrying out, in the framework of the OAS, appropriate follow-up of the progress achieved under the Inter-American Convention against Corruption;[SW91]  and

 

FURTHER BEARING IN MIND that the Third Western Hemisphere Finance Ministers Meeting called “upon all member governments to ratify and implement the OAS Anti-Corruption Convention and to support establishment of a follow-up OAS mechanism for multilateral and mutual review and evaluation of progress towards effective prevention and punishment of corruption,”

 

RESOLVES:

 

            1.         To urge the member states of the OAS that have not yet done so to sign or ratify the Inter-American Convention against Corruption.

 

            2.         To urge the States Parties to the Convention to take any measures they deem appropriate to adapt their domestic law to 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[SW92]  to the Inter-American Convention against Corruption, in accordance with Article XXIII [EB93] thereof.

 

4.         To request the countries that have not done so to reply to the "Questionnaire on Ratification and Implementation of the Inter-American Convention against Corruption” (CP/GT/PEC-68/99 rev. 3), so that the Permanent Council may continue to examine replies from the member states in order to consider specific measures for implementing the Convention, strengthening cooperation, and providing technical assistance to those that request it.

 

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

 

            6.         To request the Permanent Council to promote the establishment of 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.

 

7.         To instruct 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.

 

8.         To instruct the Permanent Council, in following up on the Inter-American Program for Cooperation in the Fight against Corruption, to address, inter alia, the following subjects: training, experience acquired by national institutions, public sector procurement, incompatibilities between public office and private sector interests, and analysis of criminal laws on corruption and related offenses.

 

9.         To request the Permanent Council to analyze existing regional and international follow-up mechanisms with a view to recommending, by the end of the year, the most appropriate model that States Parties could use, if they think fit, to monitor implementation of the Inter-American Convention against Corruption.  That recommendation will be transmitted to the States Parties to the Convention for them to choose the course of action they deem most appropriate.

 

10.        To invite the Inter-American Juridical Committee to continue to support the Permanent Council in its efforts to fulfill the mandates conferred in this resolution.

 

11.        To request the General Secretariat to continue carrying out, though the Secretariat for Legal Affairs, the technical cooperation activities designed to contribute to the signing or ratification of, or accession to, the Inter-American Convention against Corruption; to strengthen exchanges of information and experiences, including those of the inter-American network against corruption; and to support implementation of the Inter-American Program for Cooperation in the Fight against Corruption, the conclusions and recommendations of the Symposium on Enhancement of Probity in the Hemisphere, adopted in Santiago, Chile, in November 1998, and the measures set forth in this resolution, within the resources allocated in the program-budget and other resources.

 

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

 

 


AG/RES. 1724 (XXX-O/00)

 

STRENGTHENING DEMOCRACY:  SPECIAL FUND

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

TAKING INTO ACCOUNT:

 

            That the strengthening and consolidation of representative democracy is one of the fundamental aims of the Organization of American States;

 

            That the region still faces serious political, social, and economic threats that can undermine the stability of democratic governments in the member states;

 

            That one of the essential purposes of the Organization is to promote and consolidate representative democracy, with due respect for the principle of nonintervention;

 

            That it is advisable to strengthen hemispheric cooperation and solidarity, recognizing that the democratic system is developed and consolidated according to the specific characteristics of each member state; and

 

            That the elimination of extreme poverty is an essential part of the promotion and consolidation of representative democracy and is the common and shared responsibility of the American states;

 

RECALLING:

 

            That resolution AG/RES. 1696 (XXIX-O/99), “Strengthening Representative Democracy,” [EJY94] instructs the Permanent Council to “continue to examine, within the framework of the principles of the Charter, of international law including the Charter of the United Nations, and of the relevant declarations and resolutions of the Organization, measures to consolidate and strengthen representative democracy”;[EJY95] 

 

            That in recent years a set of resolutions has been adopted, including as resolution AG/RES. 1080 (XXI-O/91), “Representative Democracy”; resolution AG/RES. 1352 (XXV-O/95), “Mechanism for Executing and Financing Special Activities Arising from Application of Resolution AG/RES. 1080 (XXI-O/91)[EJY96] ”; and resolution AG/RES. 1476 (XXVII-O/97), “Regulations Governing the Use of Resources under the Mechanism for Executing and Financing Special Activities Arising from Application of Resolution AG/RES. 1080 (XXI-O/91)[EJY97] ,” in accordance with the aforementioned purposes and principles;

 

            That the Santiago Commitment to Democracy and the Renewal of the Inter-American System states that the OAS is the political forum for dialogue, understanding, and cooperation among all countries of the Hemisphere; and

 

            That the Declaration of Managua [(AG/DEC. 4 (XXIII-O/93)] states that “the Organization’s mission does not exhaust itself in the defense of democracy wherever its fundamental values and principles have collapsed, but also calls for ongoing and creative work to consolidate democracy and a continuing effort to prevent and anticipate the very causes of the problems that work against democratic rule”; and

 

CONSIDERING:

 

            That activities to preserve, strengthen, and consolidate the democratic system are necessary as part of a joint hemispheric effort; and

 

            That the necessary financial resources are needed to promote such activities,

 

RESOLVES:

 

            1.         To establish a permanent specific fund financed by voluntary contributions, to be called the Special Fund for Strengthening Democracy, which will support activities to preserve, strengthen, and consolidate representative democracy in the Hemisphere.

 

            2.         To instruct the Secretary General, subject to prior consideration by the Permanent Council, to use the resources of the Special Fund to respond in a timely fashion, with strict respect for the principle of nonintervention embodied in the Charter of the Organization, to a request for assistance by a member state affected by situations that, in the view of the state involved, affect the development of the democratic process or the exercise of power by its democratically elected government.

 

            3.         To instruct the Secretary General to administer the Special Fund in accordance with the General Standards to Govern the Operations of the General Secretariat and other provisions and regulations of the Organization.

 

            4.         To invite all member states, permanent observers, and other donors, as defined in Article 68 of the General Standards to Govern the Operations of the General Secretariat and other provisions and regulations of the Organization, to contribute to the Special Fund for Strengthening Democracy.

 

 

 


AG/RES. 1725 (XXX-O/00)

 

PERSONNEL POLICY REFORM

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            CONSIDERING the report presented 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 OAS (CP/doc.3334/00);

 

RECALLING:

 

            That the General Assembly, through resolution AG/RES. 1603 (XXVIII-O/98), “Modernization of the OAS and Renewal of the Inter-American System,” established the Special Joint Working Group of the Permanent Council and the Inter-American Council for Integral Development (GETC), “for the purpose of identifying the aspects with regard to which it is necessary to foster and intensify the process of strengthening and modernizing the OAS by defining strategies, procedures, and concrete actions with a view to promoting a comprehensive renewal of the inter-American system, on the basis of the dialogue of foreign ministers and heads of delegation of the General Assembly”;

 

            That the General Assembly, through the aforementioned resolution AG/RES. 1603 (XXVIII-O/98), 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, and to report on its efforts to the Assembly;

 

            That, through resolution AG/RES. 1685 (XXIX-O/99), the General Assembly renewed the mandates contained in resolution AG/RES. 1603 (XXVIII-O/98);

 

            That, prior to the aforementioned resolutions, the General Assembly, through resolution AG/RES. 1596 (XXVIII-O/98), had instructed the General Secretariat [CP98] to improve the Organization’s existing employment mechanisms where necessary, focusing in particular on increasing transparency and simplifying the various hiring mechanisms of the Organization and to present to the GETC a proposal on the administrative, budgetary, personnel, and management needs of the Organization; and

 

            That the General Assembly, through resolution AG/RES. 1596 (XXVIII-O/98), also requested the Permanent Council to prepare, with the assistance of the General Secretariat, a study with recommendations on the career service policy of the General Secretariat, for review by the General Assembly at its twenty-ninth regular session; and that the General Assembly, through resolution AG/RES. 1647 (XXIX-O/99), instructed the Permanent Council to continue its study of the General Secretariat’s career service policy and other personnel policy matters, and to adopt such measures as might be appropriate, ad referendum of the General Assembly;

 

BEARING IN MIND:

 

            That the Permanent Council assigned the topic of personnel policy reform [AG/RES. 1647 (XXIX-O/99)] to the Special Joint Working Group of the Permanent Council and the Inter-American Council for Integral Development on the Strengthening and Modernization of the OAS;

 

            That, pursuant to the aforementioned resolutions, the Secretary General submitted documents GETC/FORMOEA-29/98, GETC/FORMOEA-52/98, and GETC/FORMOEA-131/99 rev. 4 on proposed amendments to the Organization’s personnel policy, as well as documents CP/doc.3187/99, CP/doc.3198/99, and GETC/FORMOEA-150/00 on the career service;

 

            That Staff Rule 113.4 stipulates that the Secretary General “may amend the Staff Rules, provided that such amendments are consistent with the General Standards”; however, he must “inform the Permanent Council of any changes or modifications of the Staff Rules; and any such change or modification having budgetary implications shall enter into force only with the Permanent Council's approval”; and

 

            That the Permanent Council, at its meeting of December 15, 1999, approved ad referendum of the General Assembly the amendments to the General Standards to Govern the Operations of the General Secretariat, by way of resolution CP/RES. 761 (1217/99), and, at the same meeting, approved the proposed amendments to the Staff Rules that had budgetary implications; and

 

            NOTING that the Secretary General has initiated consultations with General Secretariat staff representatives to explore the possibility of presenting a common position on the matter of the career service,

 

RESOLVES:

 

            1.         To adopt the amendments to the General Standards to Govern the Operations of the General Secretariat, which the Permanent Council approved on December 15, 1999, ad referendum of the General Assembly, by way of resolution CP/RES. 761 (1217/99), which is attached hereto.

 

2.                   To support the initiative of seeking a common position on the part of the General Secretariat and the representatives of its staff concerning the Organization’s career service and to request the Secretary General to make efforts to present a proposal on the matter as soon as possible.

 

            3.         To instruct the Permanent Council to complete the study of possible changes in the career service and related aspects of personnel policy, and to adopt, ad referendum of the General Assembly, such amendments to the General Standards and the Staff Rules as are necessary to implement a career service system and a personnel policy more in keeping with the needs and interests of the Organization and with the principles established in the Charter.

 

            4.         To instruct the Secretary General to maintain, without prejudice to the future of the career service, the freeze on all vacant slots in the career service until such time as the General Assembly takes a definitive decision.

 

 


                                                                                                                        APPENDIX I

 

                                                                                                                        OEA/Ser.G

                                                                                                                        CP/RES. 761 (1217/99)

                                                                                                                        15 December 1999

                                                                                                                        Original: Spanish

 

 

 

 

CP/RES. 761 (1217/99)

 

PERSONNEL POLICY REFORM

 

 

 

            THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

 

            CONSIDERING the report on personnel policy reform submitted by the Chair of the Special Joint Working Group of the Permanent Council and the Inter-American Council for Integral Development on the Strengthening and Modernization of the OAS;

 

RECALLING:

 

            That the General Assembly, through the resolution “Modernization of the OAS and Renewal of the Inter-American System” [AG/RES. 1603 (XXVIII-O/98)], established the Special Joint Working Group of the Permanent Council and the Inter-American Council for Integral Development (GETC), “for the purpose of identifying the aspects with regard to which it is necessary to foster and intensify the process of strengthening and modernizing the OAS by defining strategies, procedures, and concrete actions with a view to promoting a comprehensive renewal of the inter-American system, on the basis of the dialogue of foreign ministers and heads of delegation of the General Assembly”;

 

            That the General Assembly, through the aforementioned resolution, AG/RES. 1603 (XXVIII-O/98), authorized the Permanent Council to adopt such organizational and structural measures as it considers suitable in pursuit of the aims set forth in that resolution, including the adoption ad referendum of decisions requiring authorization from the General Assembly; and to report to that organ on the work carried out;

 

            That through resolution AG/RES. 1685 (XXIX-O/99) the General Assembly renewed the mandates contained in resolution AG/RES. 1603 (XXVIII-O/98); and

 

            That prior to the aforementioned resolutions, the General Assembly, through resolution AG/RES. 1596 (XXVIII-O/98), had instructed the General Secretariat [CP99] “to improve the Organization’s existing employment mechanisms where necessary, focusing in particular on increasing transparency and simplifying the various hiring mechanisms of the Organization” and to present to the GETC a proposal on the administrative, budgetary, human resource, and management needs of the Organization; and

 

BEARING IN MIND:

 

            That pursuant to the aforementioned resolutions, the Secretary General submitted documents GETC/FORMOEA-29/98 and GETC/FORMOEA-52/98 on proposed reforms to the Organization’s personnel policy, in order to modernize current systems and facilitate the hiring of personnel under competitive terms and conditions;

 

            That the GETC has thoroughly examined and reviewed the proposals presented by the Secretary General and has adopted the recommendations indicated in the appendix to this resolution;

 

            That Staff Rule 113.4 stipulates that the Secretary General “may amend the Staff Rules, provided that such amendments are consistent with the General Standards”; however he must “inform the Permanent Council of any changes or modifications to the Staff Rules; and any such change or modification having budgetary implications shall enter into force only with the Permanent Council's approval”; and

 

            That the GETC proposals attached as an appendix require amendments to the General Standards to Govern the Operations of the General Secretariat and to the Staff Rules, which must be approved by the Permanent Council,

 

RESOLVES:

 

            1.         To adopt ad referendum of the General Assembly the amendments to the General Standards to Govern the Operations of the General Secretariat contained in the appendix to this resolution.

 

            2.         To adopt the proposed amendments to the Staff Rules that have budgetary implications.

 

            3.         To request that the Secretary General take the necessary steps to ensure that the amendments to the General Standards and to the Staff Rules enter into force on January 1, 2000.

 

            4.         To underscore the interest expressed repeatedly by the member states regarding the need for a transparent hiring policy that reflects the mandates in Article 120 of the OAS Charter and that guarantees compliance with the standards and regulations governing the operation of the General Secretariat.

 

            5.         To request the Secretary General to report to the Permanent Council each quarter on the hiring of personnel, including appointments to positions of trust.

 

            6.         To highlight the work carried out by the GETC and thank that Group for its efforts.

 

 


APPENDIX II

 

 

PERSONNEL POLICY REFORM

 

 

I.  LENGTH OF CONTRACTS

 

 

A.        Article 40 of the General Standards is amended as follows:

 

            Article 40.         Selection to fill vacant posts. The following provisions shall govern selection of staff members to fill vacant posts, in accordance with Articles 113 and 120 of the Charter:

 

a.         Except as provided in Section b. below, the Secretary General shall fill all vacant posts in the General Secretariat by competition, with the advice of the Advisory Committee on Selection and Promotions referred to in Article 18.

 

b.         The Secretary General may fill the following posts without competition:

 

i.          Positions of trust;

 

ii.          Posts to be filled by staff members under contract for a limited time for up to three years; and

 

iii.         Posts financed by funds other than the Regular Fund and which are to be filled by staff members under contract for a limited time for a period of more than three years, when a competition is not convenient.

 

            Any person who has served under contracts for a limited time financed by the Regular Fund for a total of three years is ineligible to continue serving the General Secretariat under such contracts, unless that person is selected through competition.

 

 

II.  INDEMNITIES

 

A.        Articles 56 and 57 of the General Standards are amended as follows:

 

            Article 56.         Separation indemnity.  Except as provided in Article 57, the General Secretariat shall provide a separation indemnity to all members of the career service and to all other staff members who are separated from service after having been employed continuously for more than three years under contracts for a limited time.  Such indemnity shall be calculated and paid in accordance with the pertinent Staff Rules.

 

            Article 57.         Inapplicability of indemnity provisions.  A separation indemnity shall not be paid when:

 

a.         A staff member’s services are terminated during the probationary period of Article 42 of these Standards;

 

b.         A staff member resigns;

 

c.         A staff member under contract for a limited time is separated from service by way of termination or expiration of contract before completing more than three years of service under contracts for a limited time;

 

d.         A staff member’s appointment to a position of trust is terminated or otherwise expires in accordance with Article 20;

 

e.         The staff member’s services are terminated or the staff member is dismissed for serious misconduct, including, but not limited to:

 

i.          Abandonment of post;

 

ii.          Having made serious false statements related to the staff member’s employment; and

 

f.          The staff member is retired in accordance with the provisions for compulsory retirement of the Retirement and Pension Plan.

 

 

B.         Staff Rule 110.7 is amended as follows:

 

a.         Except as provided in paragraph (d) below, members of the career service and all other staff members with more than three years of continuous service under contracts for a limited time are entitled to a separation indemnity upon separation from service, in accordance with the following provisions:

 

i.          Career staff members shall receive an indemnity of one month of basic salary per year of service up to a maximum of nine months.

 

ii.          The maximum separation indemnity payable to a staff member who is contracted under a contract for a limited time shall be six months of basic salary, and shall be computed as follows:

 

(a)        When the contract expires without renewal, one week of basic salary for each year served; and

 

(b)        When the contract is terminated prior to its expiration date, one month of basic salary for each year remaining until the expiration date, and one week of basic salary for each year of service.

iii.         A staff member whose long term contract began before January 1, 2000, and has since been renewed without interruption may, upon separation from service, choose between the separation indemnity provided under Staff Rule 110.7 and Article 53 (d) of the General Standards effective as of December 31, 1999, and the separation indemnity provided for under this Rule.

            ...

 

d.         No indemnity shall be paid to a staff member when this is prohibited by the General Standards and, specifically, in the following cases: ...

 

i.          When a staff member’s appointment to a position of trust is terminated by the Secretary General or expires, in accordance with Staff Rule 104.1 (a) (iii).

 

ii.          When a staff member under a contract for a limited time is separated from service by way of termination or expiration of contract before completing more than three years of continuous service under contracts for a limited time.[3]/

 

 

III.  SUPPORT STAFF AWAY FROM THE HEADQUARTERS

 

A.        Insert a new paragraph “e” to Article 17 of the General Standards, which shall state:

 

e.      Temporary Support Personnel who are contracted locally and, to the extent feasible, in accordance with the conditions of the duty station in which they serve, for the sole purpose of providing support services to temporary projects, observer missions, and other temporary activities carried out by the General Secretariat in the member states.

 

 

B.         Insert a new Article 22 of the General Standards, which shall state:

 

            Article 22.         Temporary Support Personnel.  Appointments of individuals as Temporary Support Personnel (“TSP”) shall be governed by the following provisions:

 

a.      TSPs are not funded by Regular Fund resources; however, under exceptional circumstances as determined by the Secretary General, they may be funded under a specific temporary project supported in part by the Regular Fund.  The General Secretariat shall include in the amount budgeted for each TSP the necessary reserves for all benefits required under the local laws of the duty station, including, but not limited to, termination benefits, accumulated vacation, and termination notice.

 

b.      Periods of employment under a TSP shall not be counted for determining eligibility for career service or for any other purpose.

 

c.         TSPs shall not be participants in the OAS Retirement and Pension Fund; however, they shall participate in the social security system provided under the laws of the duty station.  In the event such participation is unfeasible, TSPs shall be provided a monthly lump-sum payment equal to the value of the required contributions to the national social security system, or, alternatively, and as determined by the Secretary General, TSPs shall participate in the Provident Plan or other retirement-savings plans established by the General Secretariat for temporary employees and in insurance programs provided by the General Secretariat for temporary employees.

 

d.         Salaries for TSPs shall be established in accordance with market conditions at a level no lower than the amount paid for work of a similar nature under the corresponding national legislation of the duty station, and no greater than the salaries paid by the United Nations Development Programme for work of a similar nature.

 

e.         The following articles of the General Standards shall not apply to TSPs, unless otherwise stated in their individual employment contracts:  Article 18 (Career Service); Article 35 (Classification of Posts); Article 37 (Salaries); Article 40 (Medical Examination); Article 41 (Selection to Fill Vacant Posts); Article 43 (Probationary Period); Article 45 (Vacations); Article 46 (Leave); Article 47 (Social Security); Article 48 (Travel, Installation, and Repatriation Expenses); Article 54, last paragraph (Separation from Service - Notice), and Article 57 (Separation Indemnity).[4]/

 

f.          Unless otherwise provided by Executive Order or the express terms of the Contract Document under which a TSP is contracted, the Staff Rules shall not apply to TSPs.

 

 

IV.  TERMINATION NOTICE

 

A.        Article 53 of the General Standards is amended as follows:

 

            All staff members whose services are terminated under this article shall be entitled to a termination notice given prior to the effective termination date.  Notice period shall be sixty days for career staff members.  For all other staff members, the notice period shall be no less than seven days and no more than sixty days prior to the effective termination date, as determined by the General Secretariat and stated in the staff member’s Document of Appointment.

 

 

B.         Staff Rule 110.4 is amended as follows:

 

            Every staff member whose services are terminated under this article shall be entitled to prior notice of the effective termination date as follows:

i.          For career staff members, the notice period shall be sixty days prior to the effective termination date.

 

ii.          For all other staff members, the notice period shall be no less than seven days and no more than sixty days prior to the effective termination date, as determined by the General Secretariat and stated in the staff member’s Document of Appointment.

 

iii.         The notice period shall not be considered interrupted for any reason.

 

iv.         In lieu of actual days of notice, the General Secretariat may instead pay the staff member the salary and benefits that correspond to the days of notice not given.

 

v.         For all staff members under long-term contracts as of December 31, 1999, the termination period will be the same as that provided to members of the career service.

 

 


AG/RES. 1726 (XXX-O/00)

 

CONTINUING PARTICIPATION IN THE INTER-AMERICAN COUNCIL FOR

INTEGRAL DEVELOPMENT BY MEMBER STATES THAT HAVE NOT
RATIFIED THE PROTOCOL OF MANAGUA

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN resolution AG/RES. 2 (XXII-E/96), “Participation of Member States That Have Not Ratified the Protocol of Managua in the Inter-American Council for Integral Development (CIDI) When Said Protocol Enters into Force,” and resolutions AG/RES. 1442 (XXVI-O/96), AG/RES. 1507 (XXVII-O/97), AG/RES. 1575 (XXVIII-O/98), CIDI/RES. 42 (III-O/98), CIDI/RES. 83 (IV-O/99), and CIDI/RES. 94 (V-O/00) on continuation of the aforementioned participation;

 

            EMPHASIZING the amendments made to the Charter of the Organization American States to incorporate the elimination of extreme poverty as a basic objective of integral development (Protocol of Washington) and to establish an Inter-American Council for Integral Development to promote cooperation among the American states for the purpose of achieving their integral development and, in particular, helping to eliminate extreme poverty (Protocol of Managua); and

 

            CONSIDERING that as of the date of this resolution there are still member states that have not ratified the Protocol of Managua,

 

RESOLVES:

 

            1.         To urge the member states that have signed and not ratified the Protocol of Washington, which incorporates the elimination of extreme poverty as a basic objective of development, and the Protocol of Managua, which establishes the Inter-American Council for Integral Development (CIDI), to consider doing so as soon as possible.

 

            2.         To extend the period during which its resolution AG/RES. 2 (XXII-E/96), “Participation of Member States That Have Not Ratified the Protocol of Managua in the Inter-American Council for Integral Development (CIDI) When Said Protocol Enters into Force,” will remain in force until the next regular session of the General Assembly, which will review the situation if at that time there are still member states that have not ratified the Protocol of Managua.

 

 


AG/RES. 1727 (XXX-O/00)

 

Transfer of responsibilities associated with AG/RES. 1628 (XXIX-O/99)
and AG/RES. 1653 (XXIX-o/99) to the Inter-American Agency for
Cooperation and Development

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN:

 

            Resolution AG/RES. 3 (XXVI-E/99), “Inter-American Agency for Cooperation and Development";

 

            Resolution AG/RES. 1628 (XXIX-O/99), “Fellowship and Training Programs”;

 

            Resolution AG/RES. 1653 (XXIX-O/99), “Plan of Action of the General Secretariat to Extend the Special Fellowships for the Caribbean Program to Other States”; and

 

            Resolution CIDI/RES. 91 (V-O/00), “Transfer of Responsibilities Associated with AG/RES. 1628 (XXIX-O/99) and AG/RES. 1653 (XXIX-O/99) to the Inter-American Agency for Cooperation and Development (IACD)";

 

CONSIDERING:

 

That resolution AG/RES. 1628 (XXIX-O/99) requests the Permanent Council to: (i) review and approve the Statutes of the Capital Fund for OAS Fellowship, Scholarship, and Training Programs by October 1, 1999; (ii) consider the advisability of holding and, if deemed appropriate, of convening, in the second half of the year 2000, a special meeting of authorities of the member states responsible for training and fellowships; and (iii) present a report on compliance with that resolution to the General Assembly at its thirtieth regular session; and

 

That resolution AG/RES. 1653 (XXIX-O/99) instructs the General Secretariat to: (i) present to the Permanent Council by October 31, 1999, at the latest, a detailed plan of action for identifying external funds to enable the Special Fellowships for the Caribbean Program to be extended to other member states, in accordance with resolution AG/RES. 1387 (XXVI-O/96); (ii) present to the Permanent Council progress reports on the plan of action, beginning in April 2000, including details on external resources obtained and the activities undertaken to implement resolution AG/RES. 1387 (XXVI-O/96); and (iii) present a report on the implementation of this resolution to the General Assembly at its thirtieth regular session; and

 

BEARING IN MIND:

 

That the IACD Statutes establish that the IACD, through the Executive Secretariat for Integral Development (SEDI), shall administer the Fellowship, Scholarship, and Training Program, under standards governing the program and in accordance with policies and priorities adopted by the Permanent Executive Committee of the Inter-American Council for Integral Development (CEPCIDI) and other applicable regulations, and shall report thereon to CEPCIDI; and

 

That some mandates of resolutions AG/RES. 1628 (XXIX-O/99) and AG/RES. 1653 (XXIX-O/99) have specific deadlines for compliance which are no longer appropriate,

 

RESOLVES:

 

1.                   To transfer to the Inter-American Agency for Cooperation and Development (IACD) responsibility for implementation of the following mandates:

 

(i)         To make recommendations on the Statutes of the Capital Fund for OAS Fellowship, Scholarship, and Training Programs and other instruments for mobilizing resources for fellowship and training programs and to submit them to the Permanent Executive Committee of the Inter-American Council for Integral Development (CEPCIDI) for approval by no later than October 1, 2000;

 

(ii)        To develop by October 1, 2000, a plan of action for identifying external funds to enable the Special Fellowships for the Caribbean Program to be extended to other member states; and

 

(iii)       To fulfill, by no later than November 2000, the mandate given in operative paragraph 5 of resolution AG/RES. 1628 (XXIX-O/99) regarding fundraising activities.

 

2.                   To instruct CEPCIDI to consider the advisability of holding and, if deemed appropriate, of convening in the year 2001, a special meeting of authorities of the member states responsible for training and fellowships, with a view to proposing a plan of action for the more effective use of the resources of the OAS Fellowship and Training Programs and increasing their impact on human resource development in the region in the 21st century, taking into account the Strategic Plan for Partnership for Development and the inter-American programs.

 

3.         To request the IACD and CEPCIDI to present a report on the implementation of this resolution to the General Assembly at its thirty-first regular session.

 


AG/RES. 1728 (XXX-O/00)

 

STRENGTHENING AND REVITALIZING TIES BETWEEN THE INTER-AMERICAN INSTITUTE FOR COOPERATION ON AGRICULTURE AND OTHER OAS ORGANS
TO ADDRESS AGRICULTURAL ISSUES OF HEMISPHERIC CONCERN

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the Annual Report of the Inter-American Institute for Cooperation on Agriculture (CP/doc.3282/00); and

 

CONSIDERING:

 

            That, prior to the transformation of the Inter-American Institute for Cooperation on Agriculture (IICA) under the 1979 Inter-American Convention on Agriculture, the Inter-American Conference of Ministers of Agriculture (ICMA) was established as a forum for discussion of agricultural issues and policies in the Hemisphere;

 

            That the 1979 Convention established the Inter-American Board of Agriculture (IABA), the  supreme organ of IICA, to serve, in part, as a forum “for the exchange of ideas, information, and experience related to the improvement of agriculture and rural life;”

 

            That the last ICMAs, held in 1987 and 1991, respectively, were held in conjunction with regular meetings of the IABA and attended by the very same delegations;

 

            That, in resolution IICA/JIA/RES. 341 (X-O/99), the IABA requested the OAS General Assembly to adopt a resolution eliminating the ICMA, recognizing the IABA as the primary ministerial forum within the OAS for analyzing and building consensus on policies and strategic priorities for the improvement of agriculture and rural life in the Hemisphere, and encouraging cooperation between IICA and the organs, agencies, and entities of the inter-American system in the activities of the inter-American system and the Summits of the Americas process;

 

            That priorities established at the Summits of the Americas–particularly sustainable development and environment, education, the elimination of extreme poverty, and trade–raise issues which relate closely to the improvement of agriculture and rural life;

 

            That there is a need to integrate the expertise and experience of IICA, as the inter-American specialized agency on agriculture, into the policy-making and programming activities and issues relating to agriculture within the framework of the inter-American system and the agenda of the Summits of the Americas; and

 

            That, at its twenty-ninth regular session, the General Assembly recognized that need by designating the Director General of IICA as a member of the Committee to Coordinate Cooperation Programs of the Inter-American System[EJY100] , created under resolution AG/RES. 1666 (XXIX-O/99),

 

RESOLVES:

 

1.                   To abolish the Inter-American Conference of Ministers of Agriculture and recognize the Inter-American Board of Agriculture as the primary ministerial forum within the OAS for analyzing and building consensus on policies and strategic priorities for the improvement of agriculture and rural life in the Hemisphere.

 

2.                   To instruct the Inter-American Institute for Cooperation on Agriculture to develop and strengthen mechanisms for cooperation and exchange with other organs, agencies, and entities of the inter-American system for proposing, coordinating, and executing policies and programs relating to the improvement of agriculture and rural life in the context of the inter-American system and the Summits of the Americas process.

 

 

 


AG/RES. 1729 (XXX-O/00)

 

SEVENTH BIENNIAL REPORT OF THE SECRETARY GENERAL ON COMPLIANCE

WITH RESOLUTION AG/RES. 829 (XVI-O/86), "FULL AND EQUAL PARTICIPATION
OF WOMEN BY THE YEAR 2000"
[EG101] 

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Commission of Women (CIM) and, in particular, those that refer to the Seventh Biennial Report of the Secretary General on Compliance with Resolution AG/RES. 829 (XVI-O/86), “Full and Equal Participation of Women by the Year 2000,” which reflects the measures taken to increase the effective incorporation of women into the development process;

 

RECALLING that resolution AG/RES. 829 (XVI-O/86) called for the integration of the strategies and goals identified in the Plan of Action of the Inter-American Commission of Women, “Full and Equal Participation of Women by the Year 2000,” into the future programming of the organs, agencies, and entities of the inter-American system, and for the establishment of appropriate mechanisms and procedures for the ongoing review and evaluation thereof, in coordination with the CIM;

 

            HAVING NOTED the biennial reports presented by the OAS Secretary General by way of resolutions AG/RES. 933 (XVIII-O/88), AG/RES. 1061 (XX-O/90), AG/RES. 1192 (XXII-O/92), AG/RES. 1303 (XXIV-O/94), AG/RES. 1431 (XXVI-O/96), and AG/RES. 1588 (XXVIII-O/98); and

 

            CONSIDERING the results reflected both in the previous reports and in this final report, presented in fulfillment of resolution AG/RES. 829 (XVI-O/86), covering the period from 1986 to 2000,

 

RESOLVES:

 

1.                   To note the Seventh Biennial Report of the Secretary General on Compliance with Resolution AG/RES. 829 (XVI-O/86), "Full and Equal Participation of Women by the Year 2000." [EG102] 

 

2.                   To recognize the efforts of those organs, agencies, and entities of the inter-American system which, since the adoption of resolution AG/RES. 829 (XVI-O/86), have included the gender perspective in their strategies, objectives, programs, and projects.

 

3.                   To urge the organs, agencies, and entities of the inter-American system to continue working to achieve full and equal participation by women in development and in the decision-making process, in coordination with the Inter-American Commission of Women.

 

4.         To instruct the Secretary General of the OAS to increase his efforts to guarantee equal opportunity for women’s access to 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.

 

 

 


AG/RES. 1730 (XXX-O/00)

 

OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT OF
THE INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Drug Abuse Control Commission (CICAD) (AG/doc.3848/00 add. 2) (CP/ACTA 1228/00), presented pursuant to Article 91.f of the Charter of the Organization of American States;

 

            RECOGNIZING the importance of the Anti-Drug Strategy in the Hemisphere, approved by CICAD in Buenos Aires, Argentina, at its twentieth regular session, and signed in Montevideo, Uruguay, in December 1996, as a frame of reference to guide inter-American cooperation in addressing the problems of illicit drug production, trafficking, use, and distribution, and related offenses;

 

BEARING IN MIND that the activities and programs of the Commission are governed by 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; the Declaration and Program of Action of Ixtapa; the Inter-American Program of Quito:  Comprehensive Education to Prevent Drug Abuse; and the Anti-Drug Strategy in the Hemisphere;

 

BEARING IN MIND ALSO the mandates issued in the plans of action adopted at the First and Second Summits of the Americas, in particular the development of a single, objective process of multilateral governmental evaluation to monitor the progress of individual and collective anti-drug efforts in the Hemisphere;

 

RECOGNIZING WITH SATISFACTION that CICAD, at its twenty-sixth regular session, fulfilled that mandate with the establishment of the Multilateral Evaluation Mechanism (MEM), based on the principles of respect for the sovereignty and territorial jurisdiction of states, reciprocity, shared responsibility, and a comprehensive and balanced approach to the subject;

 

CONVINCED that the MEM will strengthen mutual confidence, dialogue, and hemispheric cooperation for purposes of greater efficiency and effectiveness in dealing with the various aspects of the worldwide drug problem;

 

CONSIDERING that multilateral cooperation is the only way to ensure objective evaluation of efforts by the states to address the drug problem; and

 

RECOGNIZING ALSO the role played by CICAD in strengthening hemispheric cooperation in the fight against illicit drug production, trafficking, use, and distribution, and related offenses,

 

RESOLVES:

 

1.         To express its approval of the establishment of the Multilateral Evaluation Mechanism (MEM) through resolution CICAD/RES. 1/99 (XXVI-O/99), adopted by the Inter-American Drug Abuse Control Commission (CICAD) at its twenty-sixth regular session, held in Montevideo, Uruguay, from October 5 to 7, 1999.

 

2.                   To express its full support for the first evaluation round of the Multilateral Evaluation Mechanism, whose Governmental Experts Group (GEG) held its first meeting from April 10 to 14, 2000.

 

3.                   To urge member states to support the funding of the MEM through voluntary contributions and provide their firm political support to the process.

 

4.                   To take note of the cooperation projects and programs, fellowships, training, information exchange, and research carried out in 1999 by the CICAD Executive Secretariat in accordance with its work plan, funded through voluntary contributions from OAS member states and  permanent observers, the Inter-American Development Bank, international organizations, and public and private institutions.

 

5.                   To urge the Executive Secretariat to redouble its efforts to increase the amount of contributions and diversify sources of funding.

 

6.                   Also to urge the OAS member states and permanent observers, the Inter-American Development Bank, international organizations, and public and private institutions to continue to support the CICAD work program.

 

7.                   To endorse the conclusions and recommendations contained in the report of the CICAD Group of Experts on Money Laundering (CICAD/doc.1024/99) on the advisability of an inter-American convention in this area, and to transmit those conclusions and recommendations to the Permanent Council.

 

8.                   To welcome the establishment of the CICAD Inter-American Observatory on Drugs, whose objective, inter alia, will be to assist member states with the collection of statistics and to promote interdisciplinary research in this area.

 

9.                   To urge the member states to take account, when drafting their respective national legislation, of the Commission’s Model Regulations Concerning Laundering Offences Connected to Illicit Drug Trafficking and Related Offences[KRL103] ; its Model Regulations to Control Chemical Substances Used in the Illicit Production of Narcotic Drugs and Psychotropic Substances[KRL104] ; and its Model Regulations for the Control of the International Movement of Firearms, Their Parts and Components, and Ammunition[KRL105] .

 

10.               To urge the international community, and the financial institutions in particular, to contribute financial resources to implement comprehensive demand reduction and alternative development programs in member states requesting such resources from CICAD, because of their crucial importance for a comprehensive and balanced approach to drug abuse control.

 

11.        To recognize the contribution made by specialized trade preference systems, 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 European Union and the African, Caribbean, and Pacific countries (Lomé Convention), and to urge the member states and permanent observers to seek to maintain trade opportunities that support regional alternative development programs.

 

12.        To invite CICAD to continue its collaboration with the Consultative Committee of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials so as to promote its full application.

 

13.        To underscore the importance of collaboration and coordination between the CICAD Executive Secretariat and the United Nations International Drug Control Programme (UNDCP), the International Narcotics Control Board (INCB), the Financial Action Task Force (FATF) of the Organization for Economic Cooperation and Development (OECD), and other international organizations having competence in this area.

 

14.        To endorse the observations and recommendations made by the Permanent Council on the CICAD Annual Report (AG/doc.3848/00 add. 2) (CP/ACTA 1228/00) and to transmit them to CICAD for its due consideration.

 

 

 


AG/RES. 1731 (XXX-O/00)

 

SUPPORT FOR THE UNITED NATIONS CONVENTION

ON TRANSNATIONAL ORGANIZED CRIME

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            THE GENERAL ASSEMBLY,

 

HAVING SEEN the Annual Report of the Permanent Council (AG/doc.3848/00) and the Annual Report of the Inter-American Drug Abuse Control Commission (CICAD) (CP/doc.3286/00);

 

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

 

BEARING IN MIND FURTHER the link between illicit trafficking in drugs and phenomena such as corruption, trafficking in illicit firearms, and transnational organized crime;

 

UNDERSCORING 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 represent a significant contribution to the fight against transnational organized crime in the Hemisphere;

 

CONSIDERING that a Convention on Transnational Organized Crime is being negotiated at the United Nations together with three protocols related to trafficking in firearms, trafficking in persons, especially women and children, and the illegal smuggling of migrants;

 

RECOGNIZING that the said United Nations Convention and its three protocols would contribute to the fight against transnational organized crime in the Hemisphere; and

 

AWARE 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 the member states of the OAS to support and participate actively in the ongoing negotiations to conclude, in 2000, the United Nations Convention on Transnational Organized Crime and its three protocols.

 

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

 


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

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

 

            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,” which convenes a meeting of ministers or of the highest-ranking authorities responsible for the advancement of women in the member states and requests the Inter-American Commission of Women (CIM), as coordinator for the aforementioned meeting, to prepare a draft agenda that will include approval of the Draft Inter-American Program on the Promotion of Women’s Rights and Gender Equity;

 

Bearing in mind that the above-mentioned meeting of ministers took place in Washington, D.C., on April 27 and 28, 2000, and that it adopted resolution CIM/MINS/doc.19 rev. 1, which approved, with a change in title, the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality;

 

RECALLING that the OAS has furthered the development and implementation of hemispheric initiatives on the promotion of women’s human rights and gender equity and equality;

 

            CONSIDERING that the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality will require active participation by the OAS, in particular by the CIM as the principal hemispheric policy-generating forum for gender equity and equality, as well as cooperation between the OAS and the various regional and subregional agencies and entities; and

 

            EMPHASIZING that the above-mentioned program reasserts the commitment undertaken by the governments to fight all forms of discrimination and to promote equal rights and equal opportunities for men and women, with a gender perspective,

 

RESOLVES:

 

            1.         To adopt the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality, annexed hereto.

 

            2.         To instruct the Inter-American Commission of Women (CIM) to serve as the organ for follow-up, coordination, and evaluation of the Inter-American Program and the actions taken to implement it.

 

            3.         To urge the OAS General Secretariat to see that the gender perspective is incorporated into all work, projects, and programs of the organs, agencies, and entities of the OAS in fulfillment of the Program.

 

            4.         To instruct the Permanent Council to propose to the General Assembly, at its thirty-first regular session, the allocation of technical, human, and financial resources, within the program-budget of the Organization, so that both the General Secretariat and the CIM may implement this Program.

 

            5.         To urge the CIM Permanent Secretariat to include in the proposed program-budget for 2002 a breakdown of the activities needed for implementation of and follow-up to the Inter-American Program.

 

            6.         To urge the General Secretariat to allot to the CIM, in the program-budget for 2001, the human and material resources needed to implement both the Inter-American Program and resolution AG/RES. 1592 (XXVIII-O/98), “Status of Women in the Americas and Strengthening of the Inter-American Commission of Women.”

 

7.                      To urge the organs of the OAS and specialized organizations of the inter-American system to provide the support necessary to implement the Inter-American Program.

 

8.                      To request the General Secretariat of the Organization to present annual reports to the General Assembly on the implementation of the Inter-American Program.

 

9.                      To express its satisfaction at the holding of the First Meeting of Ministers or of the Highest-Ranking Authorities Responsible for the Advancement of Women in the Member States.

 

10.                  To commend the CIM and its Permanent Secretariat for successfully fulfilling the mandates assigned through resolution AG/RES. 1625 (XXIX-O/99).

 

 

 

 


APPENDIX

 

INTER-AMERICAN PROGRAM ON THE PROMOTION OF WOMEN'S
HUMAN RIGHTS AND GENDER EQUITY AND EQUALITY

 

 

I.          BACKGROUND

 

            The Inter-American Commission of Women (CIM), established in 1928 through a resolution of the Sixth International Conference of American States, was the first intergovernmental agency in the world created specifically to fight for the civil and political rights of women in the Americas. From its inception, one of its basic purposes has been to protect women's rights in the Hemisphere so that women and men may participate in all spheres of society on an equal footing, in order to fully and equitably enjoy the benefits of development.

 

            It is important to emphasize the work done by the CIM to establish systematic standards on behalf of women's rights, such as the Convention on the Nationality of Women (Uruguay, 1933), the Inter-American Convention on Granting of Political Rights to Women (Colombia, 1948), the Inter-American Convention on the Granting of Civil Rights to Women (Colombia, 1948), and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, "Convention of Belém do Pará" (Brazil, 1994).

 

            In 1994, the Assembly of Delegates of the CIM adopted its Strategic Plan of Action for 1995-2000, which established strategies for securing and strengthening the role of women through the year 2000.  That same year, the First Summit of the Americas was held in Miami.  The Plan of Action adopted at the Summit referred explicitly to the need to strengthen policies and programs to improve and expand the participation of women in all spheres of society (Item 18, “Strengthening the Role of Women in Society”) and to strengthen the CIM.

 

            Following up on efforts to implement the Plan of Action of the First Summit of the Americas (Miami, 1994), the Second Summit of the Americas (Santiago, 1998) entrusted the Organization of American States (OAS) with specific mandates regarding its lines of action.  Pursuant to those initiatives, the OAS General Assembly, at its twenty-eighth regular session, adopted resolution AG/RES. 1592 (XXVIII-O/98), inviting the CIM to conduct various activities, including the preparation of an inter-American program on the promotion of women's rights and gender equity.

 

            In November 1998, the Twenty-ninth Assembly of Delegates of the CIM adopted the Declaration of Santo Domingo [CIM/RES. 195 (XXIX-O/98)], which recognizes the rights of women throughout their entire life cycle as an inalienable, integral, and indivisible part of universal human rights. It also reaffirms the importance of protecting women's human rights and eliminating all forms of discrimination against women, drawing on strategies aimed at strengthening the CIM and its relations with other institutions in the inter-American system.

 

            The Twenty-ninth Assembly of Delegates of the CIM later adopted resolution CIM/Res. 209 (XXIX-O/98), “Strengthening and Modernization of the Inter-American Commission of Women.”  On the basis of that resolution, the OAS General Assembly, at its twenty-ninth regular session, adopted resolution AG/RES. 1625 (XXIX-O/99), “Status of Women in the Americas and Strengthening and Modernization of the Inter-American Commission of Women,” in which it calls a meeting of ministers or of the highest-ranking authorities responsible for the advancement of women in the member states.  It further requests that the CIM, acting as coordinator for the aforementioned meeting, prepare a draft agenda that will include, among other topics, the approval of a draft inter-American program on the promotion of women's rights and gender equity and consideration of the commitments adopted at the Summits of the Americas.

 

 

II.        CONCEPTUAL FRAMEWORK

 

            In the mid-1970s, the gender perspective began to emerge in response to theoretical and methodological issues arising from an awareness of clear gender-based imbalances and inequalities between men and women.

 

            Gender can be defined as a cultural, social, and historical construct which, on the biological basis of sex, determines the values that society attaches to being masculine and feminine as well as the nature of collective subjective identities. Gender also shapes the difference in social value assigned to men and to women and the balance of power between them.

 

            Gender relations also cut across other social relationships:  production, ethnicity, nationality, religion, and generational relationships. Gender relations, rather than existing in isolation, are linked to other systems of social relations.

 

            Gender equality means that women and men enjoy the same status and have equal opportunities to realize their full human rights and their potential to contribute to political, economic, social, and cultural development and benefit from the results.  Gender equality is therefore the impartial valuing by society of both the similarities and the differences between women and men and the varying roles that they play.

 

            This means that, if gender equality is to be achieved, a series of gender equity measures must be taken to offset the historical and social disadvantages that prevent women's equal enjoyment of the benefits of development and equal participation in public and private decision-making and in power structures. Gender equity is, thus, a path that leads to gender equality. The Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality is intended to further this process.

 

            Incorporation of the gender perspective is “a strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal sphere, so that women and men benefit equally and inequality is not perpetuated.”*

 

III.       OBJECTIVES

 

The Inter-American Program has the following objectives:

 

GENERAL

 

1.         To systematically integrate a gender perspective in all organs, organizations, and entities of the inter-American system.

 

2.         To encourage OAS member states to formulate public policies, strategies, and proposals aimed at promoting women's human rights and gender equality in all spheres of public and private life, considering their diversity and their life cycles.

 

3.         To make international cooperation and horizontal cooperation among the member states one of the instruments for implementing this program.

 

4.         To strengthen relations and foster joint cooperation and coordination activities with other regional and international bodies and civil society organizations active in the Americas, with a view to guaranteeing policy effectiveness and optimal use of resources.

 

5.         To promote the full and equal participation of women in all aspects of economic, social, political, and cultural development.

 

SPECIFIC

 

            To promote gender equity and equality and women's human rights by strengthening and fostering:

 

            1.         Women's real and formal legal equality.

 

2.         Women’s full and equal access to the benefits of economic, social, political, and cultural development.

 

            3.         Full and equal access for women to employment and productive resources.

 

4.         Women's full and equal participation in political life in their countries and in decision-making at all levels.

 

5.         Women's full and equal access to education at all levels and to the various fields of study.

 

6.         Women's full access to health services during their entire life cycle, which, as required, shall include physical, emotional, and mental health.

 

7.         Women's right to a life free of any form of abuse or violence, in both the public and private spheres.

8.         The elimination of cultural patterns or stereotypes that denigrate the image of women, particularly in educational materials and those disseminated in the media.

 

 

IV.       LINES OF ACTION

 

            Responsibility for implementing this program will fall to the governments of member states and to the OAS.  Furthermore, implementation shall be coordinated with national units in charge of women’s policies and draw on the contributions of civil society, depending on the different activities to be undertaken.  The following lines of action assist in fulfilling those arising from the mandates of the Summits of the Americas, the Strategic Plan of Action of the CIM, the Biennial Work Program of the CIM, the CIM Plan of Action on