The Member
States of the Organization of American States, represented at the Third
Special Inter-American Conference,
CONSIDERING:
That the
Charter of the Organization of American States, signed at Bogota in.1948,
set forth the purpose of achieving an order of peace and justice,
promoting solidarity among the American States, strengthening their
collaboration and defending their sovereignty, their territorial
integrity, and their independence;
That the
Second Special Inter-American Conference, held in Rio de Janeiro in 1965,
declared that it was essential to. forge a new dynamism for the
inter-American system and imperative to modify the working structure of
the Organization of American, States, as well as to establish in the
Charter new objectives and standards for the promotion of the economic,
social, and cultural development of the peoples of the Hemisphere, and to
speed up the process of economic integration; and
That it is
essential to reaffirm the determination of the American States to combine
their efforts in a spirit of solidarity in the permanent task of achieving
the general conditions of well-being that will ensure life of dignity and
freedom to their people.
HAVE AGREED
UPON THE FOLLOWING PROTOCOL OF AMENDMENT TO THE CHARTER OF THE
ORGANIZATION OF AMERICAN STATES
ARTICLE I
Part One of
the Charter of the Organization of American States shall consist of
Chapters I to IX, inclusive, in accordance with Articles II to X of the
present Protocol.
ARTICLE II
Chapter I
entitled "Nature and Purposes" shall consist of the present Articles 1 and
4 without change, except that Article 4 shall be renumbered as Article 2.
ARTICLE III
Chapter II
entitled "Principles" shall consist of the present Article 5 without
change, except that it sha-11 be renumbered as Article 3.
ARTICLE IV
A new
Chapter III entitled "Members" shall be added and shall consist of
Articles 4 to 8, inclusive. The present Articles 2 and 3 shall become
Articles 4 and 5, respectively. The new Articles 6, 7, and 8 shall read as
follows:
Article 6
Any other
independent American State that desires to become a Member of the
Organization should so indicate by means of a note addressed to the
Secretary General, in which it declares that it is willing to sign and
ratify the Charter of the Organization and to accept all the obligations
inherent in membership, especially those relating to collective security
expressly set forth in Articles 27 and 28 of the Charter.
Article 7
The General
Assembly, upon the recommendation of the Permanent Council of the
Organization, shall determine whether it is appropriate that the Secretary
General be authorized to permit the applicant State to sign the Charter
and to accept the deposit of the corresponding instrument of
ratification.. Both the recommendation of the Permanent Council and the
decision of the General Assembly shall require the affirmative vote of two
thirds of the Member States.
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 18, 1964, the date set by the First Special
Inter-American Conference, to litigation or claim between an
extra-continental country and one or more Member States of the
Organization, until the dispute has been ended by some peaceful procedure.
ARTICLE V
Chapter III
entitled "Fundamental Rights and Duties of States" shall become Chapter IV
having the same title and consisting of the present Articles 6 to 19,
inclusive, which shall become Articles 9 to 22, respectively; but the
reference to "Articles 15 and 17" in the present article 19, which shall
become Article 22, shall be changed to "Articles 18 and 20."
ARTICLE VI
Chapter IV
entitled "Pacific Settlement of Disputes" shall become Chapter V having
the same title and consisting of the present Articles 20 to 23, inclusive,
which shall become Articles 23 to 26, respectively.
ARTICLE VII
Chapter V
entitled "Collective Security" shall become Chapter VI having the same
title and consisting of the present Articles 24 and 25, which shall become
Articles 27 and 28, respectively.
ARTICLE VIII
Chapter VI
entitled "Economic Standards" shall be replaced by a Chapter VII having
the same title and consisting of Articles 29 to 42, inclusive, which shall
read as follows:
Article 29
The Member
States, inspired by the principles of Inter--American solidarity and
cooperation, pledge themselves to a united effort to ensure social justice
in the Hemisphere and dynamic and balanced economic development for their
peoples, as conditions essential to peace and security.
Article 30
The Member
States pledge themselves to mobilize their own national human and material
resources through suitable programs, and recognize the importance of
operating within an efficient domestic structure, as fundamental
conditions for their economic and social progress and for assuring
effective inter-American cooperation.
Article 31
To
accelerate their economic and social development, in accordance with their
own methods and procedures and within the framework of the democratic
principles and the institutions of the inter-American system the Member
States agree to dedicate every effort to achieve the following basic
goals:
a)
Substantial and self-sustained increase in the 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
undeveloped land, diversification of production. and improved processing
and marketing systems for agricultural products; and the strengthening and
expansion of facilities to attain these ends;
e)
Accelerated and diversified industrialization, especially of capital and
intermediate goods;
f) Stability
in the 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 32
In order to
attain the objectives set forth in this Chapter 2 the Member States agree
to cooperate with one another, in the broadest spirit of inter-American
solidarity, as far as their resources may permit and their laws may
provide.
Article 33
To attain
balanced and sustained development as-soon as feasible, the Member States
agree that the resources made available from time to time by each, in
accordance with the preceding Article, should be provided under flexible
conditions and in support of the national and multinational programs and
efforts under taken to meet the needs of the assisted country, giving
special attention to the relatively less-developed countries.
They will seek, under similar conditions and for similar purposes,
financial and technical cooperation from sources outside the Hemisphere
and from international institutions.
Article 34
The Member
States should make every effort to avoid policies, actions, or measures
that have serious adverse effects on the economic or social development of
another Member State.
Article 35
The Member
States agree to join together in seeking a solution to urgent or critical
problems that may arise when-ever the economic development or stability of
any Member State is seriously affected by conditions that cannot be
remedied through the efforts of that State.
Article 36
The Member
States shall extend among themselves the benefits of science and
technology by encouraging the exchange and utilization of scientific and
technical knowledge in accordance with existing treaties and national
laws.
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) Reduction
or elimination,, by importing countries, of tariff and non-tariff barriers
that affect the exports of the Members 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 or to
intensify their process of economic integration, or when they are related
to national security or to the needs for economic balance;
b)
Maintenance of 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; and
iii Diversification of exports and expansion of export opportunities for
manufactured and semi-manufactured products from the developing countries
by promoting and strengthening national and multinational institutions and
arrangements established for these purposes,
Article 38
The Member
States reaffirm the principle that when the more-developed countries grant
concessions in international trade agreements that lower or eliminate
tariffs or other barriers to foreign trade so that they benefit the
less-developed countries, they should not expect reciprocal concessions
from those countries that are incompatible with their economic
development, financial, and trade needs.
Article 39
The Member States, in order to accelerate their economic development,
regional integration, and the expansion and improvement of the conditions
of their commerce, shall promote improvement and coordination of
transportation and communication in the developing countries and among the
Member States.
Article 40
The Member States recognize that integration of the developing countries
of the Hemisphere is one of the objectives of the inter-American system
and, therefore, shall orient their efforts and take the necessary measures
to accelerate the integration process, with a view to establishing a Latin
American common market in the shortest possible time.
Article 41
In order to
strengthen and accelerate integration in all its aspects, the Member
States agree to give adequate priority to the preparation and carrying out
of multinational projects and to their financing, as well as to encourage
economic and financial institutions of the inter-American system to
continue giving their broadest support to regional integration
institutions and programs.
Article 42
The Member
States agree that technical and financial cooperation that seeks to
promote regional economic integration should be based on the principle of
harmonious, balanced, and efficient development, with particular attention
to the relatively less-developed countries, so that it may be a decisive
factor that will enable them to promote, with their own efforts, the
improved development of their infrastructure programs, new lines of
production, and export diversification.
ARTICLE IX
Chapter VII
entitled "Social Standards" shall be replaced by a Chapter VIII having the
same title and consisting of Articles 43 and 44, which shall read as
follows:
Article 43
The Member
States, convinced that man can only achieve the full realization of his
aspirations within a just social order, along with economic development
and true peace, agree to dedicate every effort to the application of the
following principles and mechanisms:
a) All human
beings, without distinction as to race, sex, nationality, creed, or social
condition, have a right to material well-being and to their spiritual
development, under circumstances of liberty, dignity, equality of
opportunity, and economic security;
b) Work is a
right and a social duty, it gives dignity to the one who performs it, and
it should be performed under conditions, including a system of fair wages,
that ensure life, health, and a decent standard of living for the worker
and his family, both during his working years and in his old age, or when
any circumstance deprives him of the possibility of working;
c) Employers
and workers, both rural and urban, have the right to associate themselves
freely for the defense and promotion of their interests including the
right to collective bargaining and the workers' right to strike, and
recognition of the juridical personality of associations and the
protection of their freedom and independence, all in accordance with
applicable laws;
d) Fair and
efficient systems and procedures for consultation and collaboration among
the sectors of production, with due regard for safeguarding the interests
of the entire society;
e) The
operation of systems of public administration, banking and credit,
enterprise, and distribution and sales, in such a way,. in harmony with
the private sector, as to meet the requirements and interests of the
community;
f) The
incorporation and increasing participation of marginal sectors of the
population, in both rural and urban areas, in the economic, social, civic,
cultural, and political life of the nation, in order to achieve the full
integration of the national community, acceleration of the process of
social mobility, and the consolidation of the democratic system. The
encouragement of all efforts of popular promotion and cooperation that
have as their purpose the development and progress of the community;
g)
Recognition of the importance of the contribution of organizations such as
labor unions, cooperatives, and cultural, professional, business,
neighborhood, and community associations to the life of the society and to
the development process;
h)
Development of an efficient social security policy; and
i) Adequate
provision for all persons to have due legal aid in order to secure their
rights.
Article 44
The Member
States recognize that, in order to facilitate the process of Latin
American regional integration, it is necessary to harmonize the social
legislation of the developing countries, especially in the labor and
social security fields, so that the rights of the workers shall be equally
protected, and they agree to make the greatest efforts possible to achieve
this goal.
ARTICLE X
Chapter VIII
entitled "Cultural Standards" shall be replaced by a Chapter IX entitled
"Educational, Scientific, and Cultural Standards" and consisti4g of
Articles 45 to 50, inclusive, which shall read as follows:
Article 45
The Member
States will give primary importance within their development plans to the
encouragement of education, science, and culture, oriented toward the
over-all 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. They consider themselves individually and jointly
bound to preserve and enrich the cultural heritage of the American
peoples.
Article 47
The Member
States will exert the greatest efforts, in accordance with their
constitutional processes, to ensure the effective exercise of the right to
education, on the following bases:
a)
Elementary education, compulsory for children of school age, shal1 also be
offered to all others who can benefit from it. When provided by the State
it shall be without charge;
b)
Middle-level education shall be extended progressively to as much of the
population as possible, with a view to social improvement. It shall be
diversified in such a way that it meets the development needs of each
country without prejudice to providing a general education; and
c) Higher
education shall be available to all, provided that, in order to maintain
high level, the corresponding regulatory or academic standards are met.
Article 48
The Member
States will give special attention to the eradication of illiteracy, will
strengthen adult and vocational education systems, and will ensure that
the benefits of culture will be available to the entire population. They
will promote the use of all information media to fulfill these aims.
Article 49
The Member
States will develop science and technology through educational and
research institutions and through expanded information programs. 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 50
The Member
States, with due respect for the individuality of each of them, agree to
promote cultural exchange as an effective means of consolidating
inter-American understanding; and they recognize that regional integration
programs should be strengthened by close ties in the fields of education,
science, and culture.
ARTICLE XI
Part Two of
the Charter shall consist of Chapters X to XXI, inclusive, in accordance
with Articles XII to XVIII of the present Protocol.
ARTICLE XII
Chapter IX
entitled "The Organs" shall become Chapter X having the same title and
consisting of Article 51, which shall read as follows:
Article 51
The
Organization of American States accomplishes its purposes by means of:
The General
Assembly;
The Meeting
of Consultation of Ministers of Foreign Affairs;
The
Councils;
The
Inter-American Juridical Committee;
The
Inter-American Commission on Human Rights;
The General
Secretariat;
The
Specialized Conferences; and
The
Specialized Organizations.
There may be
established, in addition to those provided for in the Charter and in
accordance with the provisions thereof, such subsidiary organs, agencies,
and other entities as are considered necessary.
ARTICLE XIII
Chapter X
entitled "The Inter-American Conference" shall be replaced by a Chapter XI
entitled "The General Assembly" and Articles 52 to 58, inclusive, which
shall read as follows:
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 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 annual and special reports that shall be presented to it by
the organs, agencies, and entities of the inter-American system;
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 53
The General
Assembly shall establish the bases for fixing the quota that each
Government is to contribute to the maintenance of the Organization, taking
into account the ability to pay of the respective countries and their
determination to contribute in an equitable manner. Decisions on budgetary
matters require the approval of two thirds of the Member States.
Article 54
All Member
States have the right to be represented in the General Assembly. Each
State has the right to one vote.
Article 55
The General
Assembly shall convene annually during the period determined by the rules
of procedure and at a place selected in accordance with the principle of
rotation. At each regular session the date and place of the next regular
session shall be determined, in accordance with the rules of procedure.
If for any
reason the General Assembly cannot be held at the place chosen, it shall
meet at the General Secretariat, unless one of the Member States should
make a timely offer of a site in its territory, in which case the
Permanent Council of the Organization may agree that the General Assembly
will meet in that place.
Article 56
In special
circumstances and with the approval of two thirds of the Member States,
the Permanent Council shall convoke a special session of the General
Assembly.
Article 57
Decisions of
the General Assembly shall be adopted by the affirmative vote of an
absolute majority of the Member States, except in those cases that require
a two-thirds vote as provided in the Charter or as may be provided by the
General Assembly in its rules of procedure.
Article 58
There shall
be a Preparatory Committee of the General Assembly, composed of
representatives of all the Member States, which shall:
a) Prepare
the draft agenda of each session of the General Assembly;
b) Review
the proposed program-budget and the draft resolution on quotas, and
present to the General Assembly a report thereon containing the
recommendations it considers appropriate; and
c) Carry out
such other functions as the General Assembly may assign to it.
The draft
agenda and the report shall, in due course, be transmitted to the
Governments of the Member States.
ARTICLE XIV
Chapter XI
entitled "The Meeting of Consultation of Ministers of Foreign Affairs"
shall become Chapter XII having the same title and consisting of the
present Articles 39 to 47, inclusive, which shall become Articles 59 to
67, respectively.
The word "program" shall be replaced by the word "agenda" in the present
Article 41 that becomes Article 61.
ARTICLE XV
Chapter XII
entitled "The Council" shall be replaced by Chapters XIII to XVIII,
inclusive, as follows: a Chapter XIII entitled "The Councils of the
Organization; Common Provisions" and consisting of Articles 68 to 77,
inclusive; a Chapter XIV entitled "The Permanent Council of the
Organization" and consisting of Articles 78 to 92, inclusive (the present
Article 52 shall become Article 81, and the reference therein to "Article
43" shall be amended to read "Article 63"); a Chapter XV entitled "The
Inter-American Economic and Social Council" and consisting of Articles 93
to 98, inclusive; a Chapter XVI entitled "The Inter-American Council for
Education, Science,
and Culture"
and consisting of Articles 99 to 104, inclusive; a Chapter XVII entitled
"The Inter-American Juridical Committee" and consisting of Articles 105 to
111, inclusive; and a Chapter XVIII entitled "The Inter-American
Commission on Human Rights" and consisting of Article 112.
Articles 68
to 80, inclusive, and Articles 82 to 112, inclusive, shall read as
follows:
Article 68
The Permanent Council of the Organization, the Inter-American Economic and
Social Council, and the Inter-American Council for Education, Science, and
Culture are directly responsible to the General Assembly and each has the
authority granted to it in the Charter and other Inter-American
instruments, as well as the functions assigned to it by the General
Assembly and the Meeting of Consultation of Ministers of Foreign Affairs.
Article 69
All Member
States have the right to be represented on each of the Councils. Each
State has the right to one vote.
Article 70
The Councils
may, within the limits of the Charter and other inter-American
instruments, make recommendations on matters within their authority.
Article 71
The
Councils, on matters within their respective competence, may present to
the General Assembly studies and proposals, drafts of international
instruments, and proposals on the holding of specialized conferences, on
the creation, modification, or elimination of specialized organizations
and other inter-American agencies, as well as on the coordination of their
activities. The Councils may also present studies, proposals, and drafts
of international instruments to the Specialized Conferences.
Article 72
Each Council
may, in urgent cases, convoke Specialized Conferences on matters within
its competence, after consulting with the Member States and without having
to resort to the procedure provided for in Article 128.
Article 73
The
Councils, to the extent of their ability, and with the cooperation of the
General Secretariat, shall render to the Governments such specialized
services as the latter may request.
Article 74
Each Council
has the authority to require the other Councils, as well as the subsidiary
organs and agencies responsible to them, to provide it with information
and advisory services on matters within their respective spheres of
competence. The Councils may also request the same services from the other
agencies of the inter-American system.
Article 75
With the
prior approval of the General Assembly, the Councils may establish the
subsidiary organs and the agencies that they consider advisable for the
better performance of their duties. When the General Assembly is not in
session, the aforesaid organs or agencies may be established provisionally
by the corresponding Council. In constituting the membership of these
bodies, the Councils, insofar as possible, shall follow the criteria of
rotation and equitable geographic representation.
Article 76
The Councils
may hold meetings in any Member State, when they find it advisable and
with the prior consent of the Government concerned.
Article 77
Each Council
shall prepare its own statutes and submit them to the General Assembly for
approval. It shall approve its own rules of procedure and those of its
subsidiary organs, agencies, and committees.
Article 78
The
Permanent Council of the Organization is composed of one representative of
each Member State, especially appointed by the respective Government, with
the rank of ambassador. Each Government may accredit an acting
representative, as well as such alternates and advisers as it considers
necessary.
Article 79
The office
of Chairman of the Permanent Council shall be held by each of the
representatives, in turn, following the alphabetic order in Spanish of the
names of their respective countries. The office of Vice Chairman shall be
filled in the same way, following reverse alphabetic order.
The Chairman
and the Vice Chairman shall hold office for a term of not more than six
months, which shall be determined by the statutes.
Article 80
Within the
limits of the Charter and of Inter-American treaties and agreements, the
Permanent Council takes cognizance of any matter referred to it by the
General Assembly or the Meeting of Consultation of Ministers of Foreign
Affairs.
Article 82
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:
Article 83
To assist
the Permanent Council in the exercise of these powers, an Inter-American
Committee on Peaceful Settlement shall be established, which shall
function as a subsidiary organ of the Council. The statutes of the
Committee shall be prepared by the Council and approved by the General
Assembly.
Article 84
The parties
to a dispute may resort to the Permanent Council to obtain its good
offices. In such a case the Council shall have authority to assist the
parties and to recommend the procedures it considers suitable for the
peaceful settlement of the dispute.
If the
parties so wish, the Chairman of the Council shall refer the dispute
directly to the Inter-American Committee on Peaceful Settlement.
Article 85
In the
exercise of these powers, the Permanent Council, through the
Inter-American Committee on Peaceful Settlement or by any other means, may
ascertain 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 86
Any party to
a dispute in which none of the peaceful procedures set forth in Article 24
of the Charter is being followed may appeal to the Permanent Council to
take cognizance of the dispute.
The Council
shall immediately refer the request to the Inter.-American Committee on
Peaceful Settlement, which shall consider whether or not the matter is
within its competence and, if it deems it appropriate, shall offer its
good offices to the other party or parties. Once these are accepted, the
Inter-American Committee on Peaceful settlement may assist the parties and
recommend the procedures that it considers suitable for the peaceful
settlement of the dispute
In the
exercise of these powers, the Committee may carry out an investigation of
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 one of
the parties should refuse the offer, the Inter-American Committee on
Peaceful Settlement shall limit itself to informing the Permanent Council,
without prejudice to its taking steps to restore relations between the
parties, if they were interrupted, or to reestablish harmony between them.
Article 88
Once such a
report is received, the Permanent Council may make suggestions for
bringing the parties together for the purpose of Article 87 and, if it
considers it necessary, it may urge the parties to avoid any action that
might aggravate the dispute.
If one of
the parties should continue to refuse the good offices of the
Inter-American Committee on Peaceful Settlement or of the Council, the
Council shall limit itself to submitting a report to the General Assembly.
Article 89
The
Permanent Council, in the exercise of these functions shall take its
decisions by an affirmative vote of two third of its members, excluding
the parties to the dispute, except for such decisions as the rules of
procedure provide shall be adopted by a simple majority.
Article 90
In
performing their functions with respect to the peaceful settlement of
disputes, the Permanent Council and the Inter-American Committee on
Peaceful Settlement shall observe the provisions,i5f 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:
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;
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;
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;
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;
Submit
recommendations to the General Assembly with regard to the functioning of
the Organization and the coordination Of its subsidiary organs, agencies,
and committees;
Present to
the General Assembly any observations it may have regarding the reports of
the Inter-American Juridical Committee and the Inter-American Commission
on Human Rights; and
Perform the
other functions assigned to it in the Charter.
Article 92
The
Permanent Council and the General Secretariat shall have the same seat.
Article 93
The
Inter-American Economic and Social Council is composed of one principal
representative, of the highest rank, of each Member State, especially
appointed by the respective Government.
Article 94
The purpose
of the Inter-American Economic and Social Council is to promote
cooperation among the American countries in order to attain accelerated
economic and social development in accordance with the standards set forth
in Chapters VII and VIII.
Article 95
To achieve
its purpose the Inter-American Economic and Social Council shall:
a) Recommend
programs and courses of action and periodically study and evaluate the
efforts undertaken by the Member States;
b) Promote
and coordinate all economic and social activities of the Organization;
c)
Coordinate its activities with those of the other Councils of the
Organization;
d) Establish
cooperative relations with the corresponding organs of the United Nations
and with other national and international agencies especially with regard
to coordination of inter-American technical assistance programs; and
e) Promote
the solution of the cases contemplated in Article 35 of the Charter,
establishing the appropriate procedure.
Article 96
The
Inter-American Economic and Social Council shall hold at least one meeting
each year at the ministerial level. It shall also meet when convoked by
the General Assembly, the Meeting of Consultation of Ministers of Foreign
Affairs, at its own initiative, or for the cases contemplated in Article
35 of the Charter.
Article 97
The
Inter-American Economic and Social Council shall have a Permanent
Executive Committee composed of a Chairman and no less than seven other
members, elected by the Council for terms to be established in the
statutes of the Council. Each member shall have the right to one vote. The
principles of equitable geographic representation and of rotation shall be
taken into account, insofar as possible, in the election of members. The
Permanent Executive Committee represents all of the Member States of the
Organization.
Article 98
The
Permanent Executive Committee shall perform the tasks assigned to it by
the Inter-American Economic and Social Council, in accordance with the
general standards established by the Council.
Article 99
The
Inter-American Council for Education, Science, and Culture is composed of
one principal representative, of the highest rank of each Member State
especially appointed by the respective Government.
Article 100
The purpose
of the Inter-American Council for Education, Science, and Culture is to
promote friendly relations and mutual understanding between the peoples of
the Americas through educational scientific, and cultural cooperation and
exchange between Member States, in order to raise the cultural level of
the peoples, reaffirm their dignity as individuals, prepare them fully for
the tasks of progress, and strengthen the devotion to peace, democracy,
and social justice that has characterized their evolution.
Article 101
To
accomplish its purpose the Inter-American Council for Education, Science,
and Culture shall:
Promote and
coordinate the educational, scientific, and cultural activities of the
Organization;
Adopt or
recommend pertinent measures to give effect to the standards contained in
Chapter IX of the Charter;
Support
individual or collective efforts of the Member States to improve and
extend education at all levels, giving special attention to efforts
directed toward community development;
Recommend
and encourage the adoption of special educational programs directed toward
integrating all sectors of the population into their respective national
cultures;
Stimulate
and support scientific and technological education and research,
especially when these relate to national development plans;
Foster the
exchange of professors, research workers, technicians, and students, as
well as of study materials; and encourage the conclusion of bilateral or
multilateral agreements on the progressive coordination of curricula at
all educational levels and on the validity and equivalence of certificates
and degrees;
Promote the
education of the American peoples with a view to harmonious international
relations and a better understanding of the historical and cultural
origins of the Americas, in order to stress and preserve their common
values and destiny;
Systematically encourage intellectual and artistic creativity, the
exchange of cultural works and folklore, as well as the interrelationships
of the different cultural regions of the Americas;
Foster
cooperation and technical assistance for protecting, preserving, and
increasing the cultural heritage of the Hemisphere;
Coordinate
its activities with those of the other Councils. In harmony with the
Inter-American Economic and Social Council, encourage the
interrelationship of programs for promoting education, science, and
culture with national development and regional integration programs;
Establish
cooperative relations with the corresponding organs of the United Nations
and with other national and international bodies;
Strengthen
the civic conscience of the American peoples, as one of the bases for the
effective exercise of democracy and for the observance of the rights and
duties of man;
Recommend
appropriate procedures for intensifying integration of the developing
countries of the Hemisphere by means of efforts and programs in the fields
of education, science, and culture; and
Study and
evaluate periodically the efforts made by the Member States in the fields
of education, science, and culture.
Article 102
The
Inter-American Council for Education, Science, and Culture shall hold at
least one meeting each year at the ministerial level. It shall also meet
when convoked by the General Assembly, by the Meeting of Consultation of
Ministers of Foreign Affairs, or at its own initiative.
Article 103
The
Inter-American Council for Education, Science, and Culture shall have a
Permanent Executive Committee, composed of a Chairman and no less than
seven other members, elected by the Council for terms to be established in
the statutes of the Council. Each member shall have the right to one vote.
The principles of equitable geographic representation and of rotation
shall be taken into account, insofar as possible, in the election of
members. The Permanent Executive Committee represents all of the Member
States of the Organization.
Article 104
The
Permanent Executive Committee shall perform the tasks assigned to it by
the Inter-American Council for Education, Science, and Culture, in
accordance with the general standards established by the Council.
Article 105
The purpose
of the Inter-American Juridical Committee is to serve the Organization as
an advisory body on juridical matters; to promote the progressive
development and the codification of international law; and to study
juridical problems related to the integration of the developing countries
of the Hemisphere and, insofar as may appear desirable, the possibility of
attaining uniformity in their legislation.
Article 106
The
Inter-American Juridical Committee shall undertake the studies and
preparatory work assigned to it by the General Assembly, the Meeting of
Consultation of Ministers of Foreign Affairs, or the Councils of the
Organization. It may also, on its own initiative, undertake such studies
and preparatory work as it considers advisable and suggest the holding of
specialized juridical conferences.
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 shall be filled in the manner set forth
above.
Article 108
The
Inter-American Juridical Committee re-presents all of the Member States of
the Organization, and has the broadest possible technical autonomy.
Article 109
The
Inter-American Juridical Committee shall establish cooperative relations
with universities, institutes, and other teaching centers, as well as with
national and inter-national committees and entities devoted to study,
research, teaching, or dissemination of information on juridical matters
of international interest,
Article 110
The
Inter-American Juridical Committee shall draft its statutes, which-shall
be submitted to the, General Assembly for approval.
The
Committee shall adopt its own rules of procedure.
Article 111
The seat of
the Inter-American Juridical Committee shall be the city of Rio de
Janeiro, but in special cases the Committee may meet at any other place
that may be designated, after consultation with the Member State
concerned.
Article 112
There shall
be an Inter-American Commission on Human Rights, whose principal function
shall be to promote the observance and protection of human rights and to
serve as a consultative organ of the Organization in these matters.
An
inter-American convention on human rights shall determine the structure,
competence, and procedure of this Commission, as well as those of other
organs responsible for these matters.
ARTICLE XVI
Chapter XIII
entitled "The Pan American Union" shall be replaced by a Chapter XIX
entitled "The General Secretariat" which shall consist of Articles 113 to
127, inclusive. The present Article 92 shall become Article 127.
Articles 113 to 126, inclusive, shall read as follows:
Article 113
The General
Secretariat is the central and permanent organ of the Organization of
American States. It shall perform the functions assigned to it in the
Charter, in other Inter-American treaties and agreements, and by the
General Assembly, and shall carry out the duties entrusted to it by the
General Assembly, the Meeting of Consultation of Ministers of Foreign
Affairs, or the Councils.
Article 114
The
Secretary General of the Organization shall be elected by the General
Assembly for a five-year term and may not be reelected more than once or
succeeded by a person of the same nationality. In the event that the
office of Secretary General becomes vacant the Assistant Secretary General
shall assume his duties until the General Assembly shall elect a new
Secretary General for a full term.
Article 115
The
Secretary General shall direct the General Secretariat be the legal
representative thereof, and, notwithstanding the provisions of Article
91.b, be responsible to the General Assembly for the proper fulfillment of
the obligations and functions of the General Secretariat.
Article 116
The Secretary General, or his representative, participates, with voice but
without vote in all meetings of the Organization.
Article 117
The General
Secretariat shall promote economic, social, juridical, educational,
scientific, and cultural relations among all the Member States of the
Organization, in keeping with the actions and policies decided upon by the
General Assembly and with the pertinent decisions of the Councils.
Article 118
The General
Secretariat shall also perform the following functions:
Transmit ex
officio to the Member States notice of the convocation of the General
Assembly, the Meeting of Consultation of Ministers of Foreign Affairs, the
Inter-American Economic and Social Council, the Inter-American Council for
Education, Science, and Culture, and the Specialized Conferences;
Advise the
other organs, when appropriate, in the preparation of agenda and rules of
procedure;
Prepare the
proposed program-budget of the Organization on the basis of programs
adopted by the Councils, agencies, and entities whose expenses should be
included in the program-budget and after consultation with the Councils or
their permanent committees, submit it to the Preparatory Committee of the
General Assembly and then to the Assembly itself;
Provide, on
a permanent basis, adequate secretariat services for the General Assembly
and the other organs, and carry out their directives and assignments. To
the extent of its ability, provide services for the other meetings of the
Organization;
Serve as
custodian of the documents and archives of the Inter-American Conferences,
the General Assembly, the Meetings of Consultation of Ministers of Foreign
Affairs, the Councils, and the Specialized Conferences;
Serve as
depository of inter-American treaties and agreements, as well as of the
instruments of ratification thereof;
Submit to
the General Assembly at each regular session an annual report on the
activities of the-Organization and its financial condition; and
Establish
relations of cooperation, in accordance with decisions reached by the
General Assembly or the Councils, with the Specialized Organizations as
well as other national and international organizations.
Article 119
The
Secretary General shall:
Establish
such offices of the General Secretariat as are necessary to accomplish its
purposes; and
Determine
the number of officers and employees of the General Secretariat, appoint
them, regulate their powers and duties, and fix their remuneration.
The
Secretary General shall exercise this authority in accordance with such
general standards and budgetary provisions as may be established by the
General Assembly.
Article 120
The
Assistant Secretary General shall be elected by the General Assembly for a
five-year term and may not be reelected more than once or succeeded by a
person of the same nationality. In the event that the office of Assistant
Secretary General becomes vacant, the Permanent Council shall elect a
substitute to hold that office until the General Assembly shall elect a
new Assistant Secretary General for a full term.
Article 121
The
Assistant Secretary General shall be the Secretary of the Permanent
Council. He shall serve as advisory officer to the Secretary General and
shall act as his delegate in all matters that the Secretary General may
entrust to him. During the temporary absence or disability of the
Secretary General, the Assistant Secretary General shall perform his
functions.
The
Secretary General and the Assistant Secretary General shall be of
different nationalities.
Article 122
The General
Assembly,. by a two-thirds vote of the Member States, may remove the
Secretary General or the Assistant Secretary General, or both, whenever
the proper functioning of the Organization so demands.
Article 123
The
Secretary General shall appoint, with the approval of the respective
Council, the Executive Secretary for Economic and Social Affairs and the
Executive Secretary for Education, Science, and Culture, who shall also be
the secretaries of the respective Councils.
Article 124
In the
performance of their duties, the Secretary General and the personnel of
the Secretariat shall not seek or receive instructions from any Government
or from any authority outside the Organization, and shall refrain from any
action that may be incompatible with their position as international
officers responsible only to the Organization.
Article 125
The Member
States pledge themselves to respect the exclusively international
character of the responsibilities of the Secretary General and the
personnel of the General Secretariat, and not to seek to influence them in
the discharge of their duties.
Article 126
In selecting
the personnel of the General Secretariat, first consideration shall be
given to efficiency, competence, and integrity; but at the same time, in
the recruitment of personnel of all ranks, importance shall be given to
the necessity of obtaining as wide a geographic representation as
possible.
ARTICLE XVII
Chapter XIV
entitled "The Specialized Conferences" shall be replaced by a Chapter XX
having the same title and consisting of Articles 128 and 129, which shall
read as follows:
Article 128
The
Specialized Conferences are intergovernmental meetings to deal with
special technical matters or to develop specific aspects of Inter-American
cooperation. They shall be held when either the General Assembly or the
Meeting of Consultation of Ministers of Foreign Affairs so decides, on its
own initiative or at the request of one of the Councils or Specialized
Organizations.
Article 129
The agenda
and rules of procedure of the Specialized Conferences shall be prepared by
the Councils or Specialized Organizations concerned and shall be submitted
to the Governments of the Member States for consideration.
ARTICLE XVIII
Chapter XV
entitled "The Specialized Organizations" shall be replaced by a Chapter
XXI having the same title and consisting of Articles 130 to 136,
inclusive. The present Articles 95 and l00 shall become Articles 130 and
135, respectively.
Articles
131, 132, 133, 134, and 136 shall read as follows:
Article 131
The General
Secretariat shall maintain a register of the organizations that fulfill
the conditions set forth in the foregoing Article, as determined by the
General Assembly after a report from the Council concerned. Article 132
The Specialized Organizations shall enjoy the fullest technical autonomy,
but they shall take into account the recommendations of the General
Assembly and of the Councils, in accordance with the provisions of the
Charter.
Article 133
The
Specialized Organizations shall transmit to the General Assembly annual
reports on the progress of their work and on their annual budgets and
expenses.
Article 134
Relations
that should exist between the Specialized Organizations and the
Organization shall be defined by means of agreements concluded between
each organization and the Secretary General with the authorization of the
General Assembly.
Article 136
In
determining the location of the Specialized Organizations consideration
shall be given to the interest of all of the Member States and to the
desirability of selecting the seats of these organizations on the basis of
a geographic representation as equitable as possible.
ARTICLE XIX
Part Three
of the Charter shall consist of Chapters XXII to XXV, inclusive, in
accordance with Articles XX to XXIII of the present Protocol.
ARTICLE XX
Chapter XVI
entitled "The United Nations" shall become Chapter XXII having the same
title and consisting of the present Article 102, which shall become
Article 137.
ARTICLE XXI
Chapter XVII
entitled "Miscellaneous Provisions" shall be replaced by Chapter XXIII
having the same title and consisting of Articles 138 to 143, inclusive.
The present Articles 103 and 106 shall become Articles 139 and 142,
respectively.
Articles 138, 140, 141, and 143 shall read as follows:
Article 138
Attendance
at meetings of the permanent organs of the Organization of American States
or at the conferences and meetings provided for in the Charter, or held
under the auspices of the Organization, shall be in accordance with the
multilateral character of the aforesaid organs, conferences, and meetings
and shall not depend on the bilateral relations between the Government of
any Member State and the Government of the host country.
Article 140
The
representatives of the Member States on the organs of the Organization,
the personnel of their delegations, as well as the Secretary General and
the Assistant Secretary General shall enjoy the privileges and immunities
corresponding to their positions and necessary for the independent
performance of their duties.
Article 141
The
juridical status of the Specialized Organizations and the privileges and
immunities that should be granted to them and to their personnel, as well
as to the officials of the General Secretariat, shall be determined in a
multilateral agreement. The foregoing shall not preclude when it is
considered necessary, the concluding of bilateral agreements.
Article 143
The
Organization of American States does not allow any restriction based on
race, creed, or sex, with respect to eligibility to participate in the
activities of the Organization and to hold positions therein.
ARTICLE XXII
Chapter
XVIII entitled "Ratification and Entry into Force" shall become Chapter
XXIV having the same title and consisting of the present Articles 108 to
112, inclusive, which shall become Articles 144 to 148, respectively; but
the reference to "Article 10911 in the present Article 111, which shall
become Article 147, shall be changed to
"Article 145".
ARTICLE XXIII
A new
Chapter XXV entitled "Transitory Provisions" and consisting of Articles
149 and 150 shall be inserted in the Charter and shall read as follows:
Article 149
The
Inter-American Committee on the Alliance for Progress shall act as the
permanent executive committee of the Inter-American Economic and Social
Council as long as the Alliance is in operation.
Article 150
Until the
inter-American convention on human rights, referred to in Chapter XVIII,
enters into force, the present Inter-American Commission on Human Rights
shall keep vigilance over the observance of human rights.
ARTICLE XXIV
The terms
"General Assembly", "Permanent Council of the Organization" or "Permanent
Council", and "General Secretariat", shall be substituted, as the case may
be, for the terms "Inter-American Conference", "Council of the
Organization" or "Council", and "Pan American Union", wherever the latter
terms appear in those Articles of the Charter that have not been
eliminated or specifically amended by the present Protocol. In the English
text of such articles the terms "Hemisphere" and "hemispheric" shall be
substituted for "continent" and "continental".
ARTICLE XXV
The present
Protocol shall remain open for signature by the American States and shall
be ratified in accordance with their respective constitutional procedures.
The English, French, Portuguese and original instrument, Spanish 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 each such deposit.
ARTICLE XXVI
The present
Protocol shall enter into force among the ratifying States when two thirds
of the States signatory to the Charter have deposited their instruments of
ratification. It shall enter into force with respect to the remaining
States in the order in which they deposit their instruments of
ratification.
ARTICLE XXVII
The present
Protocol shall be registered with the Secretariat of the United Nations
through the General Secretariat of the Organization.
IN WITNESS
WHEREOF the undersigned Plenipotentiaries, whose full powers have been
found to be in good and due form, sign the present Protocol which shall
be known as the "Protocol of Buenos Aires", at the city of Buenos Aires,
Republic of Argentina, this twenty-seventh day of February of the year
one thousand nine hundred sixty-seven. |