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IN THE NAME
OF THEIR PEOPLES, THE AMERICAN STATES REPRESENTED AT THE FOURTEENTH
SPECIAL SESSION OF THE GENERAL ASSEMBLY, MEETING IN CARTAGENA DE INDIAS,
COLOMBIA, HAVE AGREED UPON THE FOLLOWING PROTOCOL OF AMENDMENT TO THE
CHARTER OF THE ORGANIZATION OF AMERICAN STATES
ARTICLE I
The text of
the Preamble to the Charter of the Organization of American States is
modified to read as follows:
IN THE NAME
OF THEIR PEOPLES, THE STATES REPRESENTED AT THE NINTH INTERNATIONAL
CONFERENCE OF AMERICAN STATES,
Convinced
that the historic mission of America is to offer to man a land of liberty
and a favorable environment for the development of his personality and the
realization of his just aspirations;
Conscious
that that mission has already inspired numerous agreements, whose
essential value lies in the desire of the American peoples to live
together in peace and, through their mutual understanding and respect for
the sovereignty of each one, to provide for the betterment of all, in
independence, in equality and under law;
Convinced
that representative democracy is an indispensable condition for the
stability, peace and development of the region;
Confident
that the true significance of American solidarity and good neighborliness
can only mean the consolidation on this continent, within the framework of
democratic institutions, of a system of individual liberty and social
justice based on respect for the essential rights of man;
Persuaded
that their welfare and their contribution to the progress and the
civilization of the world will increasingly require intensive continental
cooperation;
Resolved to
persevere in the noble undertaking that humanity has conferred upon the
United Nations, whose principles and purposes they solemnly reaffirm;
Convinced
that juridical organization is a necessary condition for security and
peace founded on moral order and on justice; and
In
accordance with Resolution IX of the Inter-American Conference on Problems
of War and Peace, held in Mexico City,
ARTICLE II
The texts of
the following articles of the Charter of the Organization of American
States are amended to read as follows:
Article 1
The American
States establish by this Charter the international organization that they
have developed to achieve an order of peace and justice, to promote their
solidarity, to strengthen their collaboration, and to defend their
sovereignty, their territorial integrity, and their independence. Within
the United Nations, the Organization of American States is a regional
agency.
The
Organization of American States has no powers other than those expressly
conferred upon it by this Charter, none of whose provisions authorizes it
to intervene in matters that are within the internal jurisdiction of the
Member States.
Article 2
The
Organization of American States, in order to put into practice the
principles on which it is founded and to fulfill its regional obligations
under the Charter of the United Nations, proclaims the following essential
purposes:
a) To strengthen the peace and security of the continent;
b) To promote and consolidate representative democracy, with due respect
for the principle of nonintervention;
c) To prevent possible causes of difficulties and to ensure the pacific
settlement of disputes that may arise among the Member States;
d) To provide for common action on the part of those States in the event
of aggression;
e) To seek the solution of political, juridical, and economic problems
that may arise among them;
f) To promote, by cooperative action, their economic, social and cultural
development, and
g) To achieve an effective limitation of conventional weapons that will
make it possible to devote the largest amount of resources to the economic
and social development of the Member States.
Article 3
The American
States reaffirm the following principles:
a) International law is the standard of conduct of States in their
reciprocal relations;
b) International order consists essentially of respect for the
personality, sovereignty, and independence of States, and the faithful
fulfillment of obligations derived from treaties and other sources of
international law;
c) Good faith shall govern the relations between States;
d) The solidarity of the American States and the high aims which are
sought through it require the political organization of those States on
the basis of the effective exercise of representative democracy;
e) Every State has the right to choose, without external interference, its
political, economic, and social system and to organize itself in the way
best suited to it, and has the duty to abstain from intervening in the
affairs of another State. Subject to the foregoing, the American States
shall cooperate fully among themselves, independently of the nature of
their political, economic, and social systems;
f) The American States condemn war of aggression: victory does not give
rights;
g) An act of aggression against one American State is an act of aggression
against all the other American States;
h) Controversies of an international character arising between two or more
American States shall be settled by peaceful procedures;
i) Social justice and social security are bases of lasting peace;
j) Economic cooperation is essential to the common welfare and prosperity
of the peoples of the continent;
k) The American States proclaim the fundamental rights of the individual
without distinction as to race, nationality, creed, or sex;
l) The spiritual unity of the continent is based on respect for the
cultural values of the American countries and requires their close
cooperation for the high purposes of civilization;
m) The education of peoples should be directed toward justice, freedom and
peace.
Article 8
The
Permanent Council shall not make any recommendation nor shall the General
Assembly take any decision with respect to a request for admission on the
part of a political entity whose territory became subject, in whole or in
part, prior to December l8, l964, the date set by the First Special
Inter-American Conference, to litigation or claim between an
extracontinental country and one or more Member States of the
Organization, until the dispute has been ended by some peaceful procedure.
This article shall remain in effect until December l0, l990.
Article 23
International disputes between Member States shall be submitted to the
peaceful procedures set forth in this Charter.
This
provision shall not be interpreted as an impairment of the rights and
obligations of the Member States under Articles 34 and 35 of the Charter
of the United Nations.
Article 26
A special
treaty will establish adequate means for the settlement of disputes and
will determine pertinent procedures for each peaceful means such that no
dispute between American States may remain without definitive settlement
within a reasonable period of time.
Article 29
The Member
States, inspired by the principles of Inter-American solidarity and
cooperation, pledge themselves to a united effort to ensure international
social justice in their relations and integral development for their
peoples, as conditions essential to peace and security. Integral
development encompasses the economic, social, educational, cultural,
scientific and technological fields through which the goals that each
country sets for accomplishing it should be achieved.
Article 34
The Member
States should refrain from practicing policies and adopting actions or
measures that have serious adverse effects on the development of other
Member States.
Article 37
The Member
States, recognizing the close interdependence between foreign trade and
economic and social development, should make individual and united efforts
to bring about the following:
a) Favorable conditions of access to world markets for the products of the
developing countries of the region, particularly through the reduction or
elimination, by importing countries, of tariff and nontariff barriers that
affect the exports of the Member States of the Organization, except when
such barriers are applied in order to diversify the economic structure, to
speed up the development of the less developed Member States, and
intensify their process of economic integration, or when they are related
to national security or to the needs of economic balance;
b) Continuity in their economic and social development by means of:
i. Improved conditions for trade in basic commodities through
international agreements, where appropriate; orderly marketing procedures
that avoid the disruption of markets, and other measures designed to
promote the expansion of markets and to obtain dependable incomes for
producers, adequate and dependable supplies for consumers, and stable
prices that are both remunerative to producers and fair to consumers;
ii. Improved international financial cooperation and the adoption of other
means for lessening the adverse impact of sharp fluctuations in export
earnings experienced by the countries exporting basic commodities;
iii. Diversification of exports and expansion of export opportunities for
manufactured and semimanufactured products from the developing countries,
and
iv. Conditions conducive to increasing the real export earnings of the
Member States, particularly the developing countries of the region, and to
increasing their participation in international trade.
Article 45
The Member
States will give primary importance within their development plans to the
encouragement of education, science, technology, and culture, oriented
toward the overall improvement of the individual, and as a foundation for
democracy, social justice and progress.
Article 46
The Member
States will cooperate with one another to meet their educational needs, to
promote scientific research, and to encourage technological progress for
their integral development. They will consider themselves individually and
jointly bound to preserve and enrich the cultural heritage of the American
peoples.
Article 49
The Member
States will develop science and technology through educational, research,
and technological development activities and information and dissemination
programs. They will stimulate activities in the field of technology for
the purpose of adapting it to the needs of their integral development.
They will organize their cooperation in these fields efficiently and will
substantially increase exchange of knowledge, in accordance with national
objectives and laws and with treaties in force.
Article 52
The General
Assembly is the supreme organ of the Organization of American States. It
has as its principal powers, in addition to such others as are assigned to
it by the Charter, the following:
a) To decide the general action and policy of the Organization, determine
the structure and functions of its organs, and consider any matter
relating to friendly relations among the American States;
b) To establish measures for coordinating the activities of the organs,
agencies, and entities of the Organization among themselves, and such
activities with those of the other institutions of the inter‑American
system;
c) To strengthen and coordinate cooperation with the United Nations and
its specialized agencies;
d) To promote collaboration, especially in the economic, social, and
cultural fields, with other international organizations whose purposes are
similar to those of the Organization of American States;
e) To approve the program‑budget of the Organization and determine the
quotas of the Member States;
f) To consider the reports of the Meeting of Consultation of Ministers of
Foreign Affairs and the observations and recom‑ mendations presented by
the Permanent Council with regard to the reports that should be presented
by the other organs and entities, in accordance with the provisions of
paragraph f) of Article 91, as well as the reports of any organ which may
be required by the General Assembly itself;
g) To adopt general standards to govern the operations of the General
Secretariat; and
h) To adopt its own rules of procedure and, by a two-thirds vote, its
agenda.
The General Assembly shall exercise its powers in accordance with the
provisions of the Charter and of other Inter-American treaties.
Article 63
In case of
an armed attack on the territory of an American State or within the region
of security delimited by the treaty in force, the Chairman 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 instrument.
Article 81
The
Permanent Council shall serve provisionally as the Organ of Consultation
in conformity with the provisions of the special treaty on the subject.
Article 90
In
performing their functions with respect to the peaceful settlement of
disputes, the Permanent Council and the respective ad hoc committee 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.
Article 91
The
Permanent Council shall also:
a) 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;
b) Watch over the observance of the standards governing the operation 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 administrative functions;
c) Act as the Preparatory Committee of the General Assembly, in accordance
with the terms of Article 58 of the Charter, unless the General Assembly
should decide otherwise;
d) 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. These draft agreements shall be
submitted to the General Assembly for approval;
e) Submit recommendations to the General Assembly with regard to the
functioning of the Organization and the coordination of its subsidiary
organs, agencies, and committees;
f) Consider the reports of the other Councils, of the Inter-American
Juridical Committee, of the Inter‑American Commission on Human Rights, of
the General Secretariat, of specialized agencies and conferences, and of
other bodies and agencies, and present to the General Assembly any
observations and recommendations it deems necessary; and
g) Perform the other functions assigned to it in the Charter.
Article 107
The
Inter-American Juridical Committee shall be composed of eleven jurists,
nationals of Member States, elected by the General Assembly for a period
of four years from panels of three candidates presented by Member States.
In the election, a system shall be used that takes into account partial
replacement of membership and, insofar as possible, equitable geographic
representation. No two members of the Committee may be nationals of the
same State.
Vacancies
that occur for reasons other than normal expiration of the terms of office
of the members of the Committee shall be filled by the Permanent Council
of the Organization in accordance with the criteria set forth in the
preceding paragraph.
Article 116
The
Secretary General, or his representative, may participate with voice but
without vote in all meetings of the Organization.
The
Secretary General may bring to the attention of the General Assembly or
the Permanent Council any matter which in his opinion might threaten the
peace and security of the hemisphere or the development of the Member
States.
The
authority to which the preceding paragraph refers shall be exercised in
accordance with the present Charter.
Article 127
The seat of
the General Secretariat is the city of Washington, D.C.
ARTICLE III
The
following articles are deleted from the Charter of the Organization of
American States: 30, 3l, 32, 33, 83, 84, 85, 86, 87 and 88.
ARTICLE IV
The
following new articles are added to the Charter of the Organization of
American States, as numbered below:
Article 8
Membership
in the Organization shall be confined to independent states of the
hemisphere that were members of the United Nations as of December l0,
l985, and the nonautonomous territories mentioned in document OEA/Ser.P,
AG/doc.l939/85, of November 5, l985, when they become independent.
Article 30
Inter-American cooperation for integral development is the common and
joint responsibility of the Member States, within the framework of the
democratic principles and the institutions of the Inter-American system.
It should include the economic, social, educational, cultural, and
scientific and technological fields, support the achievement of national
objectives of the Member States, and respect the priorities established by
each country in its development plans, without political ties or
conditions.
Article 31
Inter-American cooperation for integral development should be continuous
and preferably channeled through multilateral organizations, without
prejudice to bilateral cooperation between Member States.
The Member
States shall contribute to Inter-American cooperation for integral
development in accordance with their resources and capabilities and in
conformity with their laws.
Article 32
Development
is a primary responsibility of each country and should constitute an
integral and continuous process for the establishment of a more just
economic and social order that will make possible and contribute to the
fulfillment of the individual.
Article 33
The Member
States agree that equality of opportunity, equitable distribution of
wealth and income and the full participation of their peoples in decisions
relating to their own development are, among others, basic objectives of
integral development. To achieve them, they likewise agree to devote their
utmost efforts to accomplishing the following basic goals:
a) Substantial and self-sustained increase of per capita national product;
b) Equitable distribution of national income;
c) Adequate and equitable systems of taxation;
d) Modernization of rural life and reforms leading to equitable and
efficient land tenure systems, increased agricultural productivity,
expanded use of land, diversification of production and improved
processing and marketing systems for agricultural products; and the
strengthening and expansion of the means to attain these ends;
e) Accelerated and diversified industrialization, especially of capital
and intermediate goods;
f) Stability of domestic price levels, compatible with sustained economic
development and the attainment of social justice;
g) Fair wages, employment opportunities, and acceptable working conditions
for all;
h) Rapid eradication of illiteracy and expansion of educational
opportunities for all;
i) Protection of man's potential through the extension and application of
modern medical science;
j) Proper nutrition, especially through the acceleration of national
efforts to increase the production and availability of food;
k) Adequate housing for all sectors of the population;
l) Urban conditions that offer the opportunity for a healthful, productive
and full life;
m) Promotion of private initiative and investment in harmony with action
in the public sector, and
n) Expansion and diversification of exports.
Article 35
Transnational enterprises and foreign private investment shall be subject
to the legislation of the host countries and to the jurisdiction of their
competent courts and to the international treaties and agreements to which
said countries are parties, and should conform to the development policies
of the recipient countries.
Article 84
In
accordance with the provisions of this Charter, any party to a dispute in
which none of the peaceful procedures provided for in the Charter is under
way may resort to the Permanent Council to obtain its good offices. The
Council, following the provisions of the preceding article, shall assist
the parties and recommend the procedures it considers suitable for
peaceful settlement of the dispute.
Article 85
In the
exercise of its functions and with the consent of the parties to the
dispute, the Permanent Council may establish ad hoc committees.
The ad hoc committees shall have the membership and the mandate that the
Permanent Council agrees upon in each individual case, with the consent of
the parties to the dispute.
Article 86
The
Permanent Council may also, by such means as it deems advisable,
investigate the facts in the dispute, and may do so in the territory of
any of the parties, with the consent of the Government concerned.
Article 87
If the
procedure for peaceful settlement of disputes recommended by the Permanent
Council or suggested by the pertinent ad hoc committee under the terms of
its mandate is not accepted by one of the parties, or one of the parties
declares that the procedure has not settled the dispute, the Permanent
Council shall so inform the General Assembly, without prejudice to its
taking steps to secure agreement between the parties or to restore
relations between them.
Article 143
Within the
provisions of this Charter, the competent organs shall endeavor to obtain
greater collaboration from countries not members of the Organization in
the area of cooperation for development.
ARTICLE V
Chapters
VII, VIII and IX of the Charter of the Organization of American States are
consolidated into a single Chapter VII entitled "Integral Development."
Therefore
the remaining chapters of the Charter will be renumbered at the time the
consolidated text thereof referred to in Article X of this Protocol is
prepared.
ARTICLE VI
The
following articles of the Charter of the Organization of American States
shall be renumbered as follows:
8 becomes 151 (transitory provision) 50 becomes 51
35 becomes 36 51 becomes 52
36 becomes 37 52 becomes 53
37 becomes 38 53 becomes 54
38 becomes 39 54 becomes 55
39 becomes 40 55 becomes 56
40 becomes 41 56 becomes 57
41 becomes 42 57 becomes 58
42 becomes 43 58 becomes 59
43 becomes 44 59 becomes 60
44 becomes 45 60 becomes 61
45 becomes 46 61 becomes 62
46 becomes 47 62 becomes 63
47 becomes 48 63 becomes 64
48 becomes 49 64 becomes 65
49 becomes 50 65 becomes 66
66 becomes 67 108 becomes 107
67 becomes 68 109 becomes 108
68 becomes 69 110 becomes 109
69 becomes 70 111 becomes 110
70 becomes 71 112 becomes 111
71 becomes 72 113 becomes 112
72 becomes 73 114 becomes 113
73 becomes 74 115 becomes 114
74 becomes 75 116 becomes 115
75 becomes 76 117 becomes 116
76 becomes 77 118 becomes 117
77 becomes 78 119 becomes 118
78 becomes 79 120 becomes 119
79 becomes 80 121 becomes 120
80 becomes 8l 122 becomes 121
81 becomes 82 123 becomes 122
82 becomes 83 124 becomes 123
89 becomes 88 125 becomes 124
90 becomes 89 126 becomes 125
91 becomes 90 127 becomes 126
92 becomes 91 128 becomes 127
93 becomes 92 129 becomes 128
94 becomes 93 130 becomes 129
95 becomes 94 131 becomes 130
96 becomes 95 132 becomes 131
97 becomes 96 133 becomes 132
98 becomes 97 134 becomes 133
99 becomes 98 135 becomes 134
100 becomes 99 136 becomes 135
101 becomes 100 137 becomes 136
102 becomes 101 138 becomes 137
103 becomes 102 139 becomes 138
104 becomes 103 140 becomes 139
105 becomes 104 141 becomes 140
106 becomes 105 142 becomes 141
107 becomes 106 143 becomes 142
ARTICLE VII
The present
Protocol shall remain open for signature by the Member States of the
Organization of American States and shall be ratified in accordance with
their respective constitutional procedures. The original instrument, the
English, French, Portuguese and Spanish texts of which are equally
authentic, shall be deposited with the General Secretariat, which shall
transmit certified copies thereof to the Governments for purposes of
ratification. The instruments of ratification shall be deposited with the
General Secretariat, which shall notify the signatory States of such
deposit.
ARTICLE VIII
The present
Protocol shall be open for signature and ratification by other American
States that, in accordance with their respective constitutional
procedures, have signed and ratified the Charter of the Organization of
American States, dated April 30, l948, and the Protocol of Buenos Aires,
dated February 27, l967, which introduced amendments thereto.
ARTICLE IX
The present
Protocol shall enter into force when two thirds of the present Member
States of the Organization of American States have deposited their
instruments of ratification. At the time this requirement is met, it shall
also enter into effect for those States not presently members of the
Organization that have become members and have deposited their instruments
of ratification of this Protocol. This Protocol shall enter into effect
for the remaining States on the date on which they deposit their
respective instruments of ratification.
ARTICLE X
When the
present Protocol enters into force, the General Secretariat shall prepare
a consolidated text of the Charter of the Organization of American States
that shall include the provisions of that Charter that have not been
amended, the amendments in force as introduced by the Protocol of Buenos
Aires, and the amendments introduced by the present Protocol. This
consolidated text shall be published upon approval by the Permanent
Council of the Organization.
ARTICLE XI
The present
Protocol shall be registered with the Secretariat of the United Nations
through the General Secretariat of the Organization of American States.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, whose powers have
been found to be in due and proper form, sign the present Protocol, which
shall be called "Protocol of Cartagena de Indias," in the city of
Cartagena de Indias, Colombia, on the fifth day of December of the year
one thousand nine hundred eighty-five.
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