CP/RES. 924 (1623/07)

REGULATIONS FOR THE OPERATIONS OF THE
OLIVER JACKMAN VOLUNTARY CAPITAL FUND
TO FINANCE THE INTER-AMERICAN HUMAN RIGHTS SYSTEM

(Adopted at the meeting held on December 11, 2007)
 

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

HAVING SEEN resolution AG/RES. 2329 (XXXVII-O/07), “Establishment of the Oliver Jackman Voluntary Capital Fund to Finance the Inter-American Human Rights System”; and

CONSIDERING:

That the General Assembly, through the aforementioned resolution, AG/RES. 2329 (XXXVII-O/07), requested the Secretary General to establish a specific fund for voluntary contributions, to be called the “Oliver Jackman Voluntary Capital Fund,” to finance, with income produced by capital contributions, the operations of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights; and

That, in operative paragraph 2.b of resolution AG/RES. 2329 (XXXVII-O/07), the General Assembly decided that the General Secretariat of the Organization of American States (OAS) would be responsible for financial administration of the Oliver Jackman Fund and that its financing would be governed by the Regulations that the Permanent Council would adopt prior to January 31, 2008,

RESOLVES:

1. To adopt the Regulations for the Operations of the “Oliver Jackman Voluntary Capital Fund” to Finance the Inter-American Human Rights System, set forth in the Appendix, which is an integral part of this resolution.

2. To request the Secretary General to publicize the Oliver Jackman Fund as broadly as is possible.



APPENDIX

REGULATIONS FOR THE OPERATIONS OF
THE “OLIVER JACKMAN VOLUNTARY CAPITAL FUND”
TO FINANCE THE INTER-AMERICAN HUMAN RIGHTS SYSTEM


ARTICLE 1 - PURPOSE

1.1 The purpose of the Oliver Jackman Voluntary Capital Fund (hereinafter “the Fund”) is to help finance, with income produced by capital contributions, the operations of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, in addition to resources from the Regular Fund and other specific funds.

1.2 Contributions to the Fund shall not preclude other voluntary contributions from being made or other specific funds established to finance immediate or ongoing or new operations of the Inter-American Court of Human Rights and of the Inter-American Commission on Human Rights or their programs.

1.3 The operations of the Fund shall not relieve the Organization of American States (“OAS”) of its obligation to guarantee funding for the inter-American human rights system with Regular Fund resources.


ARTICLE 2 - RESOURCES

2.1 The Fund shall consist of:

a. Voluntary capital contributions from donors, in accordance with the Article entitled “Specific Funds” of the General Standards to Govern the Operations of the OAS General Secretariat (“General Standards”), who wish to collaborate in strengthening the inter-American human rights system, from the OAS Member States, and from Permanent Observers; and

b. The income produced by investments and interest on the capital contributions contemplated in paragraph 2.1.a.


ARTICLE 3 - DISTRIBUTIONS

3.1 The Fund shall have two separate accounts:

a. The Oliver Jackman Fund of the Inter-American Court of Human Rights; and

b. The Oliver Jackman Fund of the Inter-American Commission on Human Rights.

3.2 The capital contributions specifically designated to support each of the organs of the inter-American human rights system shall be deposited in the corresponding aforementioned account.

3.3 Contributions shall be distributed in equal parts to the Oliver Jackman Fund of the Inter-American Court of Human Rights and the Oliver Jackman Fund of the Inter-American Commission on Human Rights, except when donors indicate, specifically and in writing, the destination of their contributions, or when the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights agree in writing on a different distribution in the case of contributions by donors who have not expressed a preference regarding the destination of said contributions.

3.4 The Secretary General shall present an annual report to the Permanent Council on the Fund’s activities, on contributions received during the corresponding year, and on its financial condition.

3.5 The Inter-American Court of Human Rights shall determine when it will begin to receive the income produced by the capital contributions contemplated in paragraph 2.1.a, corresponding to its funds under paragraph 3.1.a of these Regulations. This decision, as well as any change thereto, shall be communicated in writing to the OAS General Secretariat.

3.6 The Inter-American Commission on Human Rights shall determine when it will begin to receive the income produced by the capital contributions contemplated in paragraph 2.1.a, corresponding to its funds under paragraph 3.1.b of these Regulations. This decision, as well as any change thereto, shall be communicated in writing to the OAS General Secretariat.


ARTICLE 4 - ADMINISTRATION AND FINANCIAL MANAGEMENT

4.1 The OAS General Secretariat shall be responsible for the administration and financial management of the Fund in accordance with its rules and procedures, including the Agreement between the General Secretariat of the OAS and the Inter-American Court of Human Rights on the Administrative Functioning of the Secretariat of the Court, signed on January 1, 1998.

4.2 The Inter-American Court of Human Rights shall be responsible for deciding on the activities to be financed with the income produced by capital contributions from its fund, pursuant to paragraph 3.1.a of these Regulations.

4.3 The Inter-American Commission on Human Rights shall be responsible for deciding on the activities to be financed with the income produced by capital contributions from its fund, pursuant to paragraph 3.1.b of these Regulations.

4.4 The OAS General Secretariat shall also:

a. Accept contributions in accordance with the purpose and objective of the Fund and consistent with the purposes and principles set forth in the OAS Charter;

b. Negotiate with donors, as appropriate, the terms and conditions of contributions, in keeping with the purpose of the Fund and the objectives and purposes of the OAS;

c. Promote fund-raising initiatives for the Fund, utilizing for that purpose any entities it deems appropriate, and report periodically on the outcome of its actions;

d. Pay the administrative expenses of the Fund with Fund resources, in accordance with the rules and procedures governing the OAS General Secretariat; and

e. Present an annual report to the General Assembly at each of its regular sessions, on the Fund’s activities, on contributions received during the corresponding year, and on its financial condition. This report shall constitute part of the Annual Audit Report of Accounts and Financial Statements.

4.5 The Fund’s accounts shall be included in the audit conducted each year by the OAS General Secretariat, and the results shall be presented in the annual report of the Board of External Auditors.

4.6 Unless otherwise stated in these Regulations, the Fund shall be administered in accordance with the General Standards, and other provisions for the administration of resources entrusted to the OAS General Secretariat.


ARTICLE 5 - AMENDMENT AND REVOCATION

5.1 These Regulations may be amended or revoked by the Permanent Council, on its own initiative or on the recommendation of the Secretary General.