CP/RES 972 (1761/10)

RULES OF PROCEDURE OF THE SPECIFIC FUND FOR THE WORKING GROUP TO EXAMINE THE PERIODIC REPORTS OF THE STATES PARTIES
TO THE PROTOCOL OF SAN SALVADOR

(Adopted at the meeting held on July 7, 2010)

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

BEARING IN MIND the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights (“Protocol of San Salvador”), adopted in San Salvador, El Salvador, on November 17, 1988, the principal objective of which is to adopt the necessary national economic and technical measures among the States parties in order to gradually achieve the full exercise of the economic, social and cultural rights enshrined in that Protocol;

RECALLING that the Protocol of San Salvador requires the States parties to submit periodic reports on the progressive measures they have taken to ensure due respect for those rights;

TAKING NOTE of resolution AG/RES. 2262 (XXXVII-O/07), which establishes the creation, composition, and functioning of a Working Group to examine those periodic reports;

TAKING INTO ACCOUNT the importance of the monitoring and evaluation by the Working Group in its examination of the progress made with implementing the rights set forth in the Protocol;

CONSIDERING General Assembly resolution AG/RES. 2439 (XXXVIII-O/08), which in operative paragraph 5 resolved to create a “Specific Fund for the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador” in order to supplement financing for the activities of the Working group and its Technical Secretariat; and

CONVINCED that the establishment of this fund for voluntary contributions will facilitate fulfillment of the commitments undertaken in the Protocol and facilitate the tasks of the Working Group and its Technical Secretariat,

RESOLVES:

1. To adopt the Rules of Procedure for the Functioning of the Fund for the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador, contained in the Appendix which forms part of this resolution.

2. To invite the States Parties to the Protocol of San Salvador, the member states and permanent observers to the OAS, as well as national or international, public or private persons or entities, as defined in article 74 of the General Standards to Govern the Operations of the General Secretariat and other provisions and regulations of the Organization, to contribute to this Fund.

3. To request the Secretary General to publicize this Specific Fund as widely as possible.

APPENDIX

RULES OF PROCEDURE OF THE SPECIFIC FUND FOR THE WORKING GROUP TO EXAMINE THE PERIODIC REPORTS OF THE STATES PARTIES
TO THE PROTOCOL OF SAN SALVADOR

ARTICLE 1 - PURPOSE

1.1. The purpose of the Fund for the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador (hereinafter “the Fund”) shall be to “supplement financing for the activities of the Working Group and its Technical Secretariat, and in accordance with article 74 of the General Standards to Govern the Operations of the General Secretariat,” pursuant to resolution AG/RES. 2430 (XXXVIII-O/08).

1.2. The activities of the Working Group shall be construed as those who purpose is to analyze the progress reports on economic, social, and cultural rights enshrined in the Protocol of San Salvador, including the meetings of the members of the Working Group established in the General Rules governing the Composition and Functioning of the Working Group. For its part, financing of the Technical Secretariat shall serve for activities in support of the Working Group.

1.3. Contributions to the Fund shall not preclude other voluntary contributions to finance existing or new activities of the Working Group and its Technical Secretariat.

ARTICLE 2 – RESOURCES

2.1. The Fund shall consist of voluntary contributions by States Parties to the Protocol of San Salvador, OAS member states, OAS permanent observer states, and other member states of the United Nations as well as public or private, national or international individuals or entities that wish to finance the object referred to in Article 1.

ARTICLE 3 – ADMINISTRATION AND FINANCIAL MANAGEMENT

3.1. The OAS General Secretariat shall be responsible for administration and financial management of the Fund in accordance with its rules and procedures. The OAS General Secretariat shall receive support from the Department of International Law, which acts as the Working Group’s Technical Secretariat.

3.2. The costs of administering the Fund shall be defrayed by the Fund itself, in accordance with the standards and procedures governing the OAS General Secretariat.

3.3. The viability and effectiveness of this Fund shall be reviewed by the Permanent Council two years after it is constituted or earlier if the OAS General Secretariat reports an insufficient level of resources in the Fund.

3.4. The OAS General Secretariat shall present an annual report to the General Assembly at each of its regular sessions, describing the activities of the Fund, contributions received during the year covered by the report, and its financial position. This report shall be included in the Annual Report of the Audit of Accounts and Financial Statements.

3.5. The Fund’s account shall be included in the annual audit performed by the OAS General Secretariat and the findings shall be published in the annual report of the Board of External Auditors.

ARTICLE 4 – AMENDMENT AND REVOCATION

4.1. These Rules of Procedure shall take effect upon their adoption by the Permanent Council and may be amended by the Permanent Council on its own initiative or at the recommendation of the Secretary General.