OEA/Ser.P
AG/RES. 1769 (XXXI-O/01)
5 June 2001
Original: Spanish
AMENDMENTS TO THE STATUTES OF
THE PERMANENT COUNCIL
(Resolution adopted at the third plenary session, held on June
5, 2001;
subject to review by the Style Committee)
THE GENERAL ASSEMBLY,
HAVING SEEN the report of the Permanent Council on amendments to
the Statutes of the Permanent Council (CP/doc.3450/01);
RECALLING that 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;
CONSIDERING:
That the General Assembly, at its thirtieth regular session,
instructed the Permanent Council to begin to review the Statutes
of the Permanent Council, bearing in mind the agreements adopted
ad referendum by the Joint Working Group of the Permanent
Council and the Inter-American Council for Integral Development
regarding implementation of procedures to improve the
organization and working methods of the Permanent Council; and
That the General Assembly, at its thirtieth regular session,
adopted amendments to the Rules of Procedure of the General
Assembly [AG/RES. 1737 (XXX-O/00)]; and
TAKING INTO ACCOUNT that Article 65 of the Statutes of the
Permanent Council stipulates that the Council may propose to the
Assembly such amendments as it considers desirable,
RESOLVES:
To approve the amendment of Articles 14, 16, 17, 18, 19, 20, 23,
37, 39, 50, 58, 60, 62, and 63 and the deletion of Article 57
and of the Single Transitory Provision of the Statutes of the
Permanent Council, which is attached hereto.
DRAFT STATUTES OF THE PERMANENT COUNCIL
DRAFT STATUTES
This document contains the text of the Statutes of the Permanent
Council, as amended by the Committee on Juridical and Political
Affairs at its informal meeting of November 14, 2000.
I. NATURE
Article 1. The Permanent Council is one of the organs of the
Organization of American States. It is directly responsible to
the General Assembly. All member states have the right to be
represented on this Council.
II. MEMBERSHIP
Article 2. The Permanent Council is composed of one
representative of each member state, especially accredited by
the government thereof, with the rank of ambassador. Each
government may appoint such alternate representatives and
advisers as it considers advisable and may if necessary accredit
an interim representative.
Article 3. The government of each member state shall advise the
Secretary General of the appointment of its representative, and
of the appointment of its alternate representative and advisers,
and, when called for, of its interim representatives. The
Secretary General shall, in turn, inform the Permanent Council
whenever a member state accredits a new permanent representative
to the Organization.
Article 4. The order of precedence of the permanent
representatives and of interim representatives shall be
determined according to the dates on which their accreditation
is formalized with the Secretary General. The General
Secretariat of the Organization shall maintain a roster of the
missions in which the aforementioned order of precedence shall
be set forth.
III. CHAIR AND VICE CHAIR
Article 5. The office of Chair of the Permanent Council shall be
held by each of the principal representatives in turn, following
the alphabetical order in Spanish of the names of their
respective countries. The office of the Vice Chair shall be
filled in the same way, following the reverse alphabetical
order.
Article 6. The Chair and Vice Chair shall hold office for a term
of three months. These terms shall begin automatically on the
first day of each quarter of the calendar year.
Article 7. In the event of the temporary absence or disability
of the Chair, the Vice Chair shall replace him/her and, in the
event of the absence or disability of both of them, the
principal representative of greatest seniority shall preside.
If for any reason the country to which the Chair corresponds
does not have a principal representative, the Vice Chair shall
serve as Chair until a principal representative of that country
joins the Council.
If during a term or part thereof a country to which the Chair or
Vice Chair corresponds does not have a principal representative,
that term shall not be interrupted. Once it has ended, the Chair
or Vice Chair shall go to the following country, in accordance
with the order established in Article 5.
IV. SECRETARIAT
Article 8. The Assistant Secretary General shall be the
Secretary of the Permanent Council and of its subsidiary organs,
agencies, and committees.
Article 9. In the event that the office of the Assistant
Secretary General becomes vacant, the Permanent Council shall
elect a substitute to hold that office until the General
Assembly elects a new Assistant Secretary General for a full
term.
Article 10. The Secretary General, or his representative, and
the Secretary of the Permanent Council may participate with
voice but without vote in all meetings of the Permanent Council
and in those of its subsidiary organs, agencies, and committees.
Article 11. The General Secretariat, the central and permanent
organ of the Organization, is the Secretariat of the Permanent
Council and of its subsidiary organs, agencies, and committees.
For this purpose, the General Secretariat shall provide them
with secretariat services and shall carry out their directives
and assignments.
V. MEETINGS
Article 12. The Permanent Council shall hold its meetings at its
seat, in the manner determined by its Rules of Procedure.
Article 13. The Permanent Council may also hold meetings in any
member state, when it finds it advisable and with the prior
consent of the government concerned.
Article 14. The Permanent Council shall hold its meetings on the
dates indicated by its Rules of Procedure and when convoked by
the Chair either on his/her own initiative or at the request of
any representative.
Likewise, the Chair shall convoke the Permanent Council when the
Secretary General, in exercise of the authority provided for in
Article 110, paragraph 2, of the Charter, expressly requests it.
The Permanent Council shall take decisions on matters that are
within its competence. This shall be governed by Article 18 of
these Statutes.
VI. COMMITTEES
Article 15. The Permanent Council shall establish such
committees and working groups as it deems necessary to
facilitate its work, in accordance with the provisions of its
Rules of Procedure.
VII. QUORUM
Article 16. The quorum for meetings of the Permanent Council
shall be one third of the representatives of the member states.
In the case of the committees, subcommittees, and working
groups, the quorum for meetings shall be one third of the
representatives of the member states on the respective bodies.
The quorum for taking decisions in the Permanent Council shall
be the majority of the representatives of the member states.
The quorum for taking decisions in the committees,
subcommittees, and working groups shall be the majority of the
representatives of the member states on the respective bodies.
VIII. DECISION-MAKING
Article 17. Each member state has the right to one vote.
Decisions of the Permanent Council shall be taken by the
affirmative vote of the majority of the members of the Council,
except when otherwise expressly provided for in the Charter of
the Organization, in other inter-American instruments, or in
these Statutes.
In budgetary matters the approval of two thirds of the member
states shall be required.
Without prejudice to the preceding provisions, the Permanent
Council may also take decisions by consensus.
IX. COMPETENCE
Article 18. The Permanent Council has the authority granted to
it as set forth in the relevant provisions of the Charter and
other inter-American instruments. Within said limits it will
discharge the functions assigned to it by the General Assembly
and the Meeting of Consultation of Ministers of Foreign Affairs,
and it shall take cognizance of any matter referred to it by the
aforementioned organs. It shall likewise take cognizance of any
matter that, pursuant to Article 110 of the Charter, the
Secretary General of the Organization may bring to its
attention.
A. General Powers and Functions
Article 19. The Permanent Council shall:
a. Make recommendations on matters under its authority, within
the limits of the Charter and other inter-American instruments;
b. Render to the governments such specialized services as they
may request, to the extent of its ability and with the
cooperation of the General Secretariat;
c. Prepare, at the request of the member states and with the
cooperation of the appropriate organs of the Organization, draft
agreements to promote and facilitate cooperation between the
Organization of American States and the United Nations or
between the Organization and other American agencies of
recognized international standing; and submit these draft
agreements to the General Assembly for approval;
d. With the prior approval of the General Assembly, establish
the subsidiary organs and the agencies that it considers
advisable for the best performance of its duties. When the
General Assembly is not in session the Council may provisionally
establish the aforesaid organs and agencies. In constituting the
membership of these bodies, the Council, insofar as possible,
shall follow the criteria of rotation and equitable geographic
representation;
e. Require the Inter-American Council for Integral Development,
as well as the subsidiary organs and agencies responsible to it,
to provide it with information and advisory services on matters
within their respective spheres of competence; and request the
same services from the other agencies of the inter-American
system;
f. Answer the inquiries that the Inter-American Council for
Integral Development addresses to it within its sphere of
competence;
g. Adopt the programs that, in the sphere of competence of the
Council, shall serve the General Secretariat as a basis for
preparing the proposed program-budget of the Organization in
accordance with the provisions of Article 112.c of the Charter;
h. Carry out those decisions of the General Assembly or of the
Meeting of Consultation of Ministers of Foreign Affairs, the
implementation of which has not been assigned to any other body;
i. Make such observations as it may deem pertinent, in its
sphere of competence, with regard to the proposed program-budget
of the Organization prepared by the General Secretariat and
which the latter transmits to it for consultation, for the
purposes indicated in Article 112.c of the Charter; and
j. Approve its own Rules of Procedure and those of its
subsidiary organs, agencies, and committees.
B. Specific Powers and Functions
Admission of New Members
Article 20. The Permanent Council shall receive, through the
General Secretariat, a communication addressed to it by any new
political entity that arises from the union of several member
states and that, as such, indicates its intention to sign and
ratify the Charter in order to formally join the Organization.
Once the provisions of Article 7 of the Charter have been
complied with, the Council shall authorize the Secretary General
to accept the corresponding instrument of ratification.
Article 21. The Permanent Council shall consider only those
applications to join the Organization of American States that
are presented by independent American states that were members
of the United Nations as of December 10, 1985, and by the
nonautonomous territories mentioned in document OEA/Ser.P/AG/doc.1939/85,
of November 5, 1985, when they become independent. The
applications shall be addressed to the Secretary General in
accordance with the provisions of Articles 6 and 7 of the
Charter. The Council, by the affirmative vote of two thirds of
the member states, shall make the pertinent recommendation to
the General Assembly, so that the General Assembly may determine
whether it is appropriate to authorize the Secretary General to
permit the applicant state to sign the Charter and to accept
deposit of the corresponding instrument of ratification.
Peaceful Settlement of Disputes
Article 22. The Permanent Council shall keep vigilance over the
maintenance of friendly relations among the member states, and
for that purpose shall effectively assist them in the peaceful
settlement of their disputes, in accordance with the following
provisions:
a. In accordance with the Charter
Article 23. In keeping with the provisions of the Charter, the
Permanent Council shall, in accordance with the terms of the
preceding article, assist the parties and recommend the
procedures it deems appropriate for peaceful settlement of the
dispute when any party to a dispute in which none of the
peaceful procedures provided for in Article 25 of the Charter is
under way resorts to the Council to obtain its good offices.
Article 24. In the exercise of its functions, the Permanent
Council may establish ad hoc committees, with the consent of the
parties to the dispute.
Article 25. The ad hoc committees shall have the membership and
mandate that the Permanent Council agrees upon in each case,
with the consent of the parties to the dispute.
Article 26. The Permanent Council may also, by such means as it
deems advisable, investigate the facts of the dispute, and may
do so in the territory of any of the parties, with the consent
of the government concerned.
Article 27. The Permanent Council shall present a report to the
General Assembly, if the procedure for peaceful settlement of
disputes recommended by the Council or suggested by the
pertinent ad hoc committee under the terms of its mandate is not
accepted by one of the parties or if one of the parties declares
that the procedure has not settled the dispute, without
prejudice to taking steps to secure agreement between the
parties or to restore relations between them.
Article 28. The Permanent Council, in the exercise of these
functions, shall take its decisions by an affirmative vote of
two thirds of its members, except for those decisions for which
the Rules of Procedure authorize a simple majority.
The parties to the dispute shall be excluded both from voting
and in calculating majorities.
Article 29. In performing its functions with respect to the
peaceful settlement of disputes, the Council shall observe the
provisions of the Charter and the principles and standards of
international law, as well as take into account the existence of
treaties in force between the parties.
b. In accordance with the American Treaty on Pacific Settlement
Article 30. When a state that is a party to the American Treaty
on Pacific Settlement (Pact of Bogotá) initiates, in relation
to one or more other states parties, the procedure of
investigation and conciliation provided for in that Treaty and,
in accordance with Article XVI of the Treaty, requests the
Permanent Council to convoke the Commission of Investigation and
Conciliation, the Council shall determine the place where the
Commission shall meet and shall take other immediate steps
necessary to convoke it.
At the request of one of the parties the Council may, pending
the convocation of the Commission, make recommendations to the
parties so that they will refrain from any act that might make
conciliation more difficult.
Article 31. The Permanent Council shall determine the financial
remuneration to be received by each member of the Commission of
Investigation and Conciliation, if the parties do not agree on
the amount.
Article 32. When in the cases contemplated in Article XXXV and
XXXVIII of the American Treaty on Pacific Settlement two or more
states parties to the Treaty submit a dispute or difference of
any kind existing between them to arbitration and transmit to
the Permanent Council the designation of their respective
arbiters and the lists of candidates for membership on the
Arbitral Tribunal, the Council shall proceed to establish the
tribunal within the month following the presentation of the
lists, in the manner set forth in paragraph (2) of Article XL of
the Treaty.
Article 33. When one of the parties requests the Permanent
Council to establish the Arbitral Tribunal because the other
party has failed to designate its arbiter and present its list
of candidates within the period of two months set in Article XL,
the Council shall immediately urge the delinquent party to
fulfill these obligations within an additional period of fifteen
days, after which time the Council itself shall establish the
tribunal in the manner set forth in Article XLV of the Treaty.
Article 34. The Permanent Council shall determine the financial
remuneration to be received by each member of the Arbitral
Tribunal, if the parties do not agree on the amount.
Article 35. When the Permanent Council receives from the parties
interested in the solution of a controversy a communication in
which they, by mutual agreement, request the General Assembly or
the Security Council of the United Nations to ask the
International Court of Justice for an advisory opinion on any
juridical question, the Council shall transmit that request of
the parties to the body to which it is addressed, in compliance
with the provisions of Article LI of the American Treaty on
Pacific Settlement.
General Assembly
Article 36. The Permanent Council may submit recommendations to
the General Assembly with regard to the functioning of the
Organization and the coordination of its subsidiary organs,
agencies, and committees.
On matters within is competence, the Council may also present to
the General Assembly studies, proposals, and drafts of
international instruments.
Article 37. When acting as the Preparatory Committee of the
General Assembly in accordance with Article 91.c of the Charter,
the Permanent Council shall have the following duties:
a. To prepare the draft agenda for each session of the General
Assembly;
b. To review the proposed program-budget submitted to it by the
General Secretariat in accordance with the procedure provided
for in Article 112.c of the Charter and the draft resolution on
quota contributions, and to present to the General Assembly a
report thereon, containing the recommendations it considers
appropriate;
c. To transmit the draft agenda and the report, in due course,
to the governments of the member states; and
d. To carry out such other functions as the General Assembly may
assign to it.
Article 38. If for any reason the General Assembly cannot be
held at the place chosen during the previous regular session,
and if one of the member states should make a timely offer of a
site in its territory, the Permanent Council may agree that the
General Assembly will meet in that place.
Decisions of the Permanent Council pursuant to this article
shall be taken by the affirmative vote of two thirds of the
member states.
Article 39. In special circumstances, the Permanent Council
shall convoke a special session of the General Assembly, and
shall determine the date and place for it. This decision shall
require the approval of two thirds of the member states.
Article 40. The Permanent Council shall present to the General
Assembly an annual report and such special reports as it may
deem advisable.
Meeting of Consultation of Ministers of Foreign Affairs
Article 41. When, in accordance with Article 62 of the Charter,
one or more member states request the Permanent Council to call
a Meeting of Consultation of Ministers of Foreign Affairs to
consider problems of an urgent nature and of common interest to
the American states, the Council shall decide by an absolute
majority of votes whether the Meeting should be held. If the
decision is affirmative, the Council shall set the place and
date for holding the Meeting.
Article 42. The Permanent Council shall prepare the draft agenda
of the meeting referred to in the preceding article, taking into
account the topic or topics the requesting government or
governments propose, and shall submit it to the member states
for consideration, which may suggest other topics or make
observations on those already presented, within a period fixed
by the Council. Once the agenda has been approved by the
Council, the latter may not change it.
Article 43. When one or more member states that are parties to
the Inter-American Treaty of Reciprocal Assistance request the
Permanent Council, in accordance with Article 13 of that Treaty
and with Article 62 of the Charter, to convoke a Meeting of
Consultation of Ministers of Foreign Affairs to serve as the
Organ of Consultation, the Council shall decide by the
affirmative vote of an absolute majority of the members who have
a right to vote whether a Meeting should be held. If the
decision is affirmative, the Council shall set the place and
date for holding the Meeting.
Article 44. The state or states requesting the convocation of a
meeting in accordance with the preceding article shall state the
purpose of such convocation in the request they make to the
Permanent Council. The topic to be considered shall be mentioned
specifically in the notice of convocation.
Article 45. In case of an armed attack on the territory of an
American state or within the region of security established by
the Inter-American Treaty of Reciprocal Assistance, the Chair of
the Permanent Council shall without delay call a meeting of the
Council to decide on the convocation of the Meeting of
Consultation, without prejudice to the provisions of the
Inter-American Treaty of Reciprocal Assistance with regard to
the states parties to that Treaty.
Article 46. The Permanent Council shall prepare the Regulations
of the Meeting of Consultation and submit them to the member
states for consideration. Before each Meeting, the Council shall
consider whether modifications in the Regulations are required
or whether it is necessary to adopt temporary regulatory
provisions to take into account particular aspects of the
Meeting. These modifications or temporary provisions shall be
submitted to the member states for consideration.
Article 47. The Permanent Council shall serve provisionally as
the Organ of Consultation, as provided in Article 83 of the
Charter, and in the Inter-American Treaty of Reciprocal
Assistance.
Inter-American Juridical Committee
Article 48. The Permanent Council shall consider the reports of
the Inter-American Juridical Committee and present to the
General Assembly any observations and recommendations it deems
necessary with respect thereto.
Article 49. The Permanent Council may request the advisory
services of the Inter-American Juridical Committee serving as an
advisory body of the Organization. It may also assign to that
Committee such studies and preparatory work as it may deem
necessary.
Article 50. When a vacancy occurs on the Inter-American
Juridical Committee for reasons other than normal expiration of
the term of office of a member of the Committee, the Permanent
Council shall proceed to fill the vacancy on the basis of the
criteria set forth in Article 101 of the Charter and the
electoral standards contained in the Rules of Procedure of the
General Assembly.
Inter-American Commission on Human Rights
Article 51. The Permanent Council shall perform the functions
entrusted to it by the pertinent provisions of the Statute of
the Inter-American Commission on Human Rights.
Article 52. The Permanent Council shall consider the reports of
the Inter-American Commission on Human Rights and present to the
General Assembly any observations and recommendations it deems
necessary with respect thereto.
General Secretariat
Article 53. The General Secretariat shall advise the Permanent
Council and its subsidiary organs, agencies, and committees in
the preparation of agendas and rules of procedure.
Article 54. In matters within its competence, the Permanent
Council may entrust the General Secretariat with establishing
cooperative relations with the specialized organizations and
other national and international organizations.
Article 55. In considering proposals that would require
expenditures by the Organization, the Permanent Council shall
take into account the financial estimates that the General
Secretariat is to prepare.
Article 56. The Permanent Council shall watch over the
observance of the General Standards to Govern the Operations of
the General Secretariat and, when the General Assembly is not in
session, adopt provisions of a regulatory nature that enable the
General Secretariat to carry out its administration functions.
Specialized Conferences
Article 57. The Permanent Council, in matters within its
competence, may propose to the General Assembly or to the
Meeting of Consultation of Ministers of Foreign Affairs the
holding of specialized conferences and, in urgent cases, the
Council may convoke them after consulting with the member states
and without the approval of the General Assembly or of the
Meeting of Consultation being required.
Article 58. The Permanent Council shall prepare the agenda and
rules of procedure of the specialized conferences referred to in
Article 57 and those of any others whose preparation is
entrusted to it by the General Assembly or the Meeting of
Consultation.
The Council shall prepare the agendas and rules of procedure for
other specialized conferences when the General Assembly or the
Meeting of Consultation has not otherwise decided and no other
entity is responsible for doing so by reason of the nature of
the conference.
The Council shall submit the agendas and rules of procedure that
it prepares to the member states for consideration.
Article 59. The Permanent Council, in matters within its
competence, may present studies, proposals, and drafts of
international instruments to the specialized conferences.
Reports of the Organs, Agencies, and Entities of the
Organization
Article 60. The Permanent Council shall consider the reports of
the Inter-American Council for Integral Development (CIDI), of
the General Secretariat, of the Inter-American Specialized
Organizations, of the Inter-American Specialized Conferences, as
well as those of other bodies and agencies, and present to the
General Assembly any observations and recommendations it deems
necessary with respect thereto.
Specialized Organizations and other Inter-American Bodies
Article 61. The Permanent Council, in matters within its
competence, may make recommendations to the specialized
organizations and may present to the General Assembly proposals
on the creation, modification, or elimination of specialized
organizations and other inter-American bodies, as well as on the
coordination of their activities.
Article 62. The Permanent Council shall report to the General
Assembly on the intergovernmental organizations that, within
their sphere of competence, fulfill the conditions set forth in
Article 124 of the Charter for consideration as Inter-American
Specialized Organizations.
Collaboration of Countries Not Members of the Organization in
the Area of Cooperation for Development
Article 63. In accordance with the provisions of Article 138 of
the Charter and within the other provisions of the Charter, the
Permanent Council shall endeavor to obtain greater collaboration
from countries not members of the Organization in the area of
cooperation for development.
X. AMENDMENTS TO THE STATUTES
Article 64. Any amendment to these Statutes shall be approved by
the General Assembly. The Permanent Council may propose to the
Assembly such amendments as it considers desirable.
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