CHAPTER I

BACKGROUND

1. First Meeting of Ministers of Justice or of Ministers or Attorneys General (Buenos Aires, 1997)

The foreign ministers and heads of delegation of the OAS member states, meeting in Lima, Peru, at the twenty-seventh regular session of the General Assembly, adopted resolution AG/RES. 1482 (XXVII-O/97), “Meeting of Ministers of Justice,” which underscored “the importance of holding a meeting of ministers of justice, or of ministers or attorneys general with competence in this area, to consider issues contributing to enhanced legal and judicial cooperation in the Americas.”

In that resolution, the General Assembly instructed the Permanent Council to hold the necessary consultations so as to prepare the agenda and convene and organize the meeting, and requested that it report on the implementation of that resolution to the General Assembly at its twenty-eighth regular session.

In accordance with that General Assembly resolution, the Permanent Council of the Organization of American States, bearing in mind the offer of the Government of the Argentine Republic to host the Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, as well as the guidelines for that meeting's agenda, adopted resolution CP/RES. 709 (1141/97), in which it convened the meeting and approved the following agenda:

1. Rule of law. New institutions and developments:

a. Experiences at the national level

b. Experiences at the regional and sub regional levels

2. Modernization and strengthening of the justice system. Reform, new trends, and the use of mechanisms such as arbitration, mediation, and conciliation

3. Combating corruption, organized crime, and other criminal activities:

a. Experience at the national level

b. Initiatives to strengthen legal/judicial cooperation

4. Analysis of the application of judicial and juridical cooperation agreements in the Americas

5. Correctional institution policy and reform processes. Strengthening of initiatives to rehabilitate prisoner/convicts and reintegrate them into society.

The First Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas was held in Buenos Aires, Argentina, from December 1 to 3, 1997.

At the conclusion of its discussions on the various agenda items, the First Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas reached the following conclusions and made the following recommendations:

A. Conclusions

1. The existence of a legal system that guarantees the observance of human rights and duties, facilitates access to justice, and offers protection to society is an essential element for consolidating the rule of law and for allowing social and economic development to proceed as an effective formula for the integration of our peoples.

2. Strengthening the legal system requires the adoption of provisions that will preserve the independence of the judiciary, the continued improvement of its institutions' abilities to enforce the rule of law, and the training and continuous upgrading of magistrates, judges, prosecutors and public attorneys, and other officials related to the justice system, as well as lawyers.

3. The threats facing our societies, such as organized crime, corruption, drug trafficking, terrorism, money laundering, child exploitation, and the deteriorating natural environment, can only be successfully addressed by upgrading our national systems of justice, and by strengthening international cooperation in these areas, in all its forms.

4. The valuable inter-American juridical heritage embodied in the many treaties prepared under the aegis of the Organization of American States needs to be given effective application through prompt ratification of the conventions that have been signed, and adequate dissemination of its texts, and of the practice of member states.

5. International legal cooperation is essential for the development of justice systems within the member countries of the OAS. Consequently, and in accordance with each country’s legislation, there is a need to promote mutual legal assistance in a flexible and effective manner, in particular with respect to extradition, requests for delivery of documents and other forms of evidence, the establishment of secure and prompt channels of communications such as those of INTERPOL, and strengthening of the role of the central authorities.

6. One of the major challenges facing our societies today is to develop prison and penitentiary systems that offer suitable conditions for rehabilitation and re-integration into society for those who have been sentenced to imprisonment by the courts.

B. Recommendations

1. To continue the process of strengthening the legal systems of the Americas, so as to ensure that individuals have full access to justice, to guarantee the independence of the judiciary and the effectiveness of prosecutors and attorneys general, and to encourage the establishment of responsive and transparent systems and modern institutions.

2. To approach the process of modernizing justice from a multidisciplinary viewpoint that goes beyond strictly legal considerations, and embraces such aspects as organizational analysis, management systems, social costs and benefits, and economic and statistical studies.

3. To encourage the incorporation of alternative dispute resolution procedures into national justice administration systems.

4. To continue efforts to improve inter-American instruments for legal cooperation, to which end every state should evaluate the current application of existing measures, and take steps to disseminate them more broadly, as well as to promote the establishment of other instruments that may be necessary to deal with new contingencies.

To request the General Secretariat of the OAS to prepare a study on the obstacles impeding the effective application of treaties of legal and judicial cooperation, on the basis of reports to be submitted by member states.

5. To promote the exchange of national experience and technical cooperation in prison and penitentiary policy matters, within the framework of the OAS.

6. To promote the sharing of experience and technical cooperation in matters related to criminal prosecution systems, access to justice, and judicial administration.

7. To reinforce the fight against corruption, organized crime and transnational criminal activity, and to adopt new legislation, procedures, and mechanisms as necessary to combat these scourges.

8. To welcome the forthcoming Summit of the Americas, to be held in Santiago, Chile, in April 1998, and to express satisfaction that the timely topic of strengthening the judicial system and the administration of justice has been included on the agenda for that occasion.

9. To convene a meeting of government experts, with support from the OAS, in Santiago, Chile, before February 28, 1998, to examine basic issues in the justice sector, with a view to incorporating their analysis into the work of the Summit of the Americas.

10. To encourage the holding of regular meetings of ministers of justice or of ministers or attorneys general of the Americas, within the framework of the OAS and with technical support from the Organization’s General Secretariat.

11. To accept with gratitude the offer of the Government of Peru to host the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, to be held during the second half of 1998, and to agree that the agenda for that meeting should be prepared within the OAS, with a focus on topics that are deemed to be priorities.

12. To request the OAS to provide the financial resources necessary for carrying out the various recommendations emanating from this First Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas.

2. Second Summit of the Americas (Santiago, Chile, 1998)

In April 1998, a meeting of government experts was held to include basic justice-sector issues on the agenda for the Second Summit of the Americas, held that month in Santiago, Chile.

The Heads of State and Government meeting at that Summit adopted a Plan of Action containing the following decisions pertaining to the “Strengthening of Justice Systems and Judiciaries”:

1. “Develop mechanisms that permit easy and timely access to justice by all persons, with particular reference to persons with low income, by adopting measures to enhance the transparency, efficiency and effectiveness of the courts. In this context, they will promote, develop and integrate the use of alternative methods of conflict resolution in the justice system.”

2. “Strengthen, as appropriate, systems of criminal justice founded on the independence of the judiciary and the effectiveness of public prosecutors and defense counsels, recognizing the special importance of the introduction of oral proceedings in those countries that consider it necessary to implement this reform.”

3. “Step up efforts to combat organized crime, and transnational crime, and, if necessary, foster new laws and international conventions, as well as procedures and mechanisms for continuing to combat these scourges.”

4. “Adapt legislation and proceed, as soon as possible, with necessary institutional reforms and measures to guarantee the comprehensive protection of the rights of children and youths to meet the obligations established under the United Nations Convention on the Rights of the Child and other international instruments.”

5. “Adopt as appropriate a clear distinction between procedures and consequences of violations of criminal law and measures established to protect children and youths whose rights are threatened or violated, and will promote social and educational measures to rehabilitate young offenders.”

6. “Foster the establishment and strengthening of specialized tribunals or courts for family matters, as appropriate, and in accordance with their respective legal systems.”

7. “Expedite the establishment of a justice studies center of the Americas, which will facilitate training of justice sector personnel, the exchange of information and other forms of technical cooperation in the Hemisphere, in response to particular requirements of each country. To this end, they request the Ministers of Justice or other competent authorities to analyze and define the most suitable actions for the organization and establishment for such a center.”

8. “Promote, in accordance with the legislation of each country, mutual legal and judicial assistance that is effective and responsive, particularly with respect to extraditions, requests for the delivery of documents and other evidentiary materials, and other bilateral or multilateral exchanges in this field, such as witness protection arrangements.”

9. “Support the convening of periodic meetings of Ministers of Justice and Attorneys General of the Hemisphere within the framework of the Organization of American States (OAS).”

This last initiative was subsequently endorsed by the General Assembly of the Organization of American States, in June 1998.

3. Dialogue on the topic of administration of justice in the Americas. General Assembly of the OAS (Caracas, Venezuela, June 1998)

At the twenty-eighth regular session of the General Assembly (Caracas, Venezuela, June 1998), the President of the Assembly, Miguel Angel Burelli Rivas, Minister of Foreign Affairs of Venezuela, presented a summary of the dialogue on the topic of the administration of justice in the Americas, which contained the following ideas:

· The administration of justice has become a top priority issue.

· Politicization of the judicial system has been identified as a major problem.

· The main objectives are: real separation of powers and a depoliticized and efficient judicial system.

· Administration of justice is to be conceived of as an inalienable responsibility of States.

· Nonetheless, it is accepted that the OAS can play an important part in supporting the creation and promotion of better judicial systems, at both the national and international level.

· It was pointed out that the OAS must find a sphere of action that is in tune with current needs and in keeping with the Organization’s abilities and resources.

· That sphere of action must involve substantive issues (trade legislation) and real follow-through.

· Subject to the availability of resources, among the many specific tasks suggested for the OAS were:

- Having a working group draw up a strategic plan

- Creation of an Inter-American Studies Center

- Evaluation of international cooperation instruments

- Ongoing support for meetings of Ministers of Justice

- Exchanges of information regarding training in the judiciary

- Expanding the jurisdiction of the Inter-American Court of Human Rights

At that session, the General Assembly adopted resolution AG/RES. 1481 (XXVIII-O/98), “Enhancement of the Administration of Justice in the Americas,” in which it resolved, inter alia, to receive with satisfaction the report of the Permanent Council on the enhancement of the administration of justice in the Americas.

4. Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (Lima, Peru, March 1999)

Bearing in mind the report of the Permanent Council and the final report of the Meeting of Ministers of Justice, held in Buenos Aires, Argentina, the General Assembly decided, in resolution AG/RES. 1562 (XXVIII-O/98),[1]^/ to convene the Second Meeting of Ministers of Justice or Ministers or Attorneys General of the Americas.

At its meeting on November 10, 1998, the Council approved resolution CP/RES.737 (1176/98), which set March 1 to 3 as the dates for the above-mentioned meeting.

At its meeting on October 9, 1998, the Committee on Juridical and Political Affairs took note of the draft agenda, submitted by Ambassador Beatriz Ramacciotti, Permanent Mission of Peru, for the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas.[2]^/

Accordingly, the Permanent Council, having seen the report of the Committee on Juridical and Political Affairs[3]^/, at its meeting of December 11, 1998, through resolution CP/RES. 739 (1179/98), adopted the following agenda for the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas:

Dialogue of Ministers of Justice or of Ministers or Attorneys General of the Americas and/or heads of delegation

Topic for discussion: Modernization and strengthening of the justice systems in the Americas: exchange of experiences, new developments, and courses of action at the national and international levels

AGENDA

1. Access to justice

1.1. Legal aid and defense services

1.2. Initiatives for the legal protection of minors

1.3. Incorporation of alternative conflict settlement methods in national administration-of-justice systems

2. Training of judges, prosecutors, and judicial officials

2.1. Experiences acquired in basic, advanced, and specialized training of judiciary personnel

2.2. Mechanisms to promote judicial independence and the effectiveness of public prosecutors or attorneys general

2.3. Creation of a center for judicial studies in the Americas

3. Prison and penitentiary policy

3.1. Modernization of the sector and the improvement of new legal frameworks

3.2. New developments in criminal procedure

3.3. Regional cooperation mechanisms

4. Strengthening and developing inter-American cooperation

4.1. Fighting organized crime and transnational crime, including cyber-crime (domestic legislation, degree of effective application and implementation of international instruments in this area, procedures, and national experiences, etc.)

4.2. Legal and judicial cooperation (inter-American treaties; other mechanisms; extradition; information sharing; submission of documents and other types of evidence; witness protection agreements, etc.)

5. Conclusions and Recommendations

The Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas was held on the dates set by the Permanent Council, in March 1999, in Lima, Peru. The Second Meeting of Ministers of Justice, on concluding consideration of its agenda, adopted the following conclusions and recommendations:

I. Access to Justice

A. To continue with the exchange of experiences regarding measures and initiatives adopted at the domestic level, as well as progress achieved and obstacles encountered by the OAS member states in relation to the problem of access to justice in their respective countries; improvement of legal aid and defense services; legal protection of minors; and incorporation of alternative dispute resolution methods in national administration-of-justice systems.

B. To further those ends, clear identification will be made of the applicable cooperation mechanisms in these areas, and the following actions, inter alia, undertaken: compilation of the legislation in force regarding these matters, with a view to creating a database; comparative studies; and preparation of a list of countries and institutions that are in a position to provide international cooperation in these areas.

II. Training of judges, prosecutors, and judicial officials

A. Justice Studies Center of the Americas

With a view to the establishment of the Justice Studies Center envisioned in the Plan of Action of the Second Summit of the Americas; and taking into account the different legal systems in the Hemisphere, it is decided:

1. That the objectives of the center will be to facilitate:

a. The training of justice sector personnel;

b. The exchange of information and other forms of technical cooperation;

c. Support for the reform and modernization of justice systems in the region.

2. That a group of government experts, open to participation by all delegations, will be formed to:

a. Prepare draft by-laws;

b. Prepare a work plan;

c. Identify public and/or private institutions working in this area;

d. Establish appropriate links with international organizations in order to secure the necessary technical support for the Center’s operations.

3. That the Center’s work plan, in the initial phase, will focus on criminal justice matters.

4. That the group of experts shall conclude its work before September 21, 1999.

5. To request that the OAS provide the necessary support for the work of the group of experts.

B. Regional courses, workshops, and seminars

To continue to cooperate with the OAS General Secretariat by organizing regional or subregional courses, workshops, and seminars to train and develop the legal skills of officials in charge of the justice system in the OAS member states in collaboration with international or national, governmental or nongovernmental institutions.

III. Strengthening and developing inter-American cooperation

A. To strengthen international cooperation in areas of special concern, such as the struggle against terrorism, combating corruption, money laundering, drug trafficking, forgery, illicit trafficking in firearms, organized crime, and transnational criminal activity.

B. Cyber-crime

Because of the importance and difficulty of the issues presented by cyber-crime, and the spread and potential magnitude of the problems it poses for our countries, it is recommended to establish an intergovernmental expert group, within the framework of the OAS, with a mandate to:

a. Complete a diagnosis of criminal activity which targets computers and information, or which uses computers as the means of committing an offense;

b. Complete a diagnosis of national legislation, policies and practices regarding such activity;

c. Identify national and international entities with relevant expertise; and

d. Identify mechanisms of cooperation within the inter-American system to combat cyber-crime.

The government expert group should present a report to the Third Meeting of Ministers of Justice or Ministers or Attorneys General of the Americas.

C. To continue working in an effective and flexible manner to strengthen mutual legal and judicial assistance among the OAS member states, particularly with respect to extradition, requests for delivery of documents and other forms of evidence and the establishment of secure and prompt channels of communications between central authorities.

D. To evaluate the application of inter-American conventions in force in the area of legal and judicial cooperation, in order to identify measures for their effective implementation or, if appropriate, to determine whether the existing legal framework in the hemisphere should be changed.

E. To urge OAS member states that are parties to treaties for legal and judicial cooperation to appoint Central Authorities where they have not yet done so, to ensure the effective implementation of these treaties.

F. To recommend that the OAS convene a meeting of central authorities in due course to strengthen cooperation among those authorities in relation to the various conventions on the subject of legal and judicial cooperation.

G. Extradition, forfeiture of assets, and mutual legal assistance. Recognizing the need to strengthen and facilitate legal and judicial cooperation in the Americas with regard to extradition, forfeiture of assets and mutual legal assistance, and to enhance individual and international efforts against organized crime and transnational criminal activity through improved intergovernmental communication and understanding, we commit ourselves to exchange information, through the OAS, on the following matters in order to deal with them at the Third Meeting of Ministers:

1. Extradition “checklists”, glossaries of commonly-used legal terms, and similar instruments of simplified guidance and explanation on extradition and related processes;

2. Sample forms for intergovernmental requests for mutual legal assistance;

3. Instructional materials on the best methods for securing bilateral and international assistance in the area of forfeiture of assets.

In order to facilitate this work, we will immediately begin to compile a list of contact points for information on extradition, mutual legal assistance, and forfeiture of assets.

IV. Prison and penitentiary policy

To reiterate the need to promote the exchange of national experience and technical cooperation in prison and penitentiary policy matters within the framework of the OAS.

5. Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas

The ministers of foreign affairs and heads of delegation gathered at the twenty-ninth regular session of the General Assembly, after considering the Plan of Action of the Second Summit of the Americas and the conclusions and recommendations adopted by the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, held in Lima, Peru, in March 1999 (CP/doc. 3186/99), decided in resolution AG/RES. 1615 (XXIX-O/99) to convene the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas.

The Permanent Council, in resolution CP/RES. 766 (1222/00), adopted the following agenda for REMJA-III:

1. Election of the chair

2. Election of the vice chairs

3. Adoption of the draft agenda and draft schedule

4. Follow-up on the conclusions and recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas:

a. Justice Studies Center of the Americas

b. Cybercrime

c. Extradition, forfeiture of assets, and mutual legal assistance

5. Report of the Board of Directors of the Justice Studies Center of the Americas pursuant to the second transitory provision of the Statutes of the Center

6. Headquarters of the Center

7. Prison and penitentiary policy:

- All aspects of health in prisons

(Health care, communicable diseases, sexually transmitted diseases, AIDS, drug use, etc.)

8. Access to justice:

- Alternative conflict resolution

- Other mechanisms

9. Conclusions and recommendations

The deliberations of REMJA-III resulted in the conclusions and recommendations given below.

Conclusions and Recommendations

At the close of discussion on the various agenda items, the Third Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, convened in the OAS framework through resolution AG/RES. 1615 (XXIX-O/99), approved the following conclusions and recommendations, to be presented, through the Permanent Council of the OAS, to the General Assembly at its thirtieth regular session.

1. Cyber-crime

v REMJA-III, mindful of the recommendations made by the Group of Government Experts on Cyber-crime that met at OAS headquarters in May and October, 1999, urges member states of the OAS to:

v Identify one or more public entities within their country that will have primary authority and responsibility to investigate and prosecute cyber-crime;

v Take steps to enact legislation covering cyber-crime, if they have not already done so;

v Make every effort to harmonize their laws on cyber-crime in such a way as to facilitate international cooperation in preventing and combating these illicit activities;

v Determine their training needs in the area of cyber-crime and explore bilateral, regional, and multilateral cooperation mechanisms to meet those needs;

v Consider the possibility of becoming members of the 24-Hour/7-Day a Week Point of Contact Group, or participating in other existing mechanisms for cooperation or the exchange of information in order to initiate or receive information;

v Take steps to heighten awareness of this issue among the general public, including users in the education system, the legal system, and the justice system regarding the need to prevent and combat cyber-crime;

v Consider various measures, including setting up a Voluntary Specific Fund, to support efforts to expand cooperation on this matter in the Hemisphere;

v Promote, in the framework of the OAS, the exchange of information on cyber-crime and dissemination of information regarding activities in this field, including the OAS Web page on the subject;

v Monitor compliance with the recommendations of the Group of Government Experts in the framework of the OAS, taking into account the need to prepare guidelines to orient national efforts in the field of cyber-crime through, for instance, the development of model legislation or other pertinent legal instruments and training programs.

2. Extradition and mutual legal cooperation

REMJA-III welcomes the progress achieved in complying with the recommendations made at REMJA-II, especially with regard to the presentation of information on points of contact, checklists of requirements for extradition, standard forms for requesting mutual legal assistance, and glossaries of legal terms.

In this connection, it:

v Urges member states of the OAS that have not already done so to present the information requested as soon as possible in order to permit a comprehensive assessment of the situation in the Hemisphere with regard to this topic;

v Invites the OAS to disseminate that information through its Web page;

v Encourages member states of the OAS to provide, in addition to the information already presented, material on the way extradition requests are handled by their respective executive and judicial branches;

v Emphasizes the need to promote heightened awareness among members of the legislative and judicial branches regarding their responsibility in respect of extradition procedures;

v Resolves to strengthen cooperation and mutual confidence in this field by establishing an information network composed of competent authorities and mandated to prepare specific recommendations in the area of extradition and mutual legal assistance for consideration by said authorities prior to the plenary session of REMJA-IV. That network, representing the different legal systems in the Hemisphere, should rely as far as possible on electronic communications media, especially the Internet;

v Exhorts member states of the OAS that have not already done so to consider the possibility of ratifying or acceding to inter-American conventions on juridical and judicial cooperation.

3. Prison and penitentiary policy: all aspects of health in prisons

Bearing in mind the importance of all aspects of health in prisons, REMJA-III:

v Invites member states of the OAS to seek ways to reduce overcrowding in prisons, making use, inter alia, of alternatives to imprisonment;

v Urges governments to share experiences acquired in their prison systems with respect to all aspects of the health of the present or former prison population in order to prevent the spread of HIV/AIDS, STDs, addictions and prison violence;

v Invites member states of the OAS to foster the development of cooperation projects for providing training for personnel in this area, with the support of international and national, government or nongovernmental organizations;

v Requests member states of the OAS to monitor, with the help of experts in this field, the subject of all aspects of health in prisons, with a view to identifying common problems and promoting cooperation and exchanges of information and experience;

v Invites member states of the OAS with the relevant experience to share information regarding the participation of private enterprises in the construction and/or running of penitentiaries, with a view to exploring new options for improving prison systems.

4. Access to justice: alternative conflict resolution and other mechanisms

With a view to improving justice administration systems, REMJA-III:

v Reiterates its commitment to improve access to justice for the inhabitants of member states of the OAS through the promotion and use of alternative conflict resolution methods, such as recourse to flexible and expeditious judicial and extrajudicial channels contributing to democratic development;

v Urges member states of the OAS with experience in this field to offer their cooperation in developing and fostering these alternative mechanisms;

v Recommends that, as part of the legal cooperation activities being carried out by the General Secretariat of the OAS, an effort be made to foster the development and execution of cooperation programs designed to encourage recourse to alternative conflict resolution methods, in coordination with agencies active in this field in the countries of the Americas;

v Urges member states of the OAS to promote, in accordance with their respective legislation, the incorporation into educational programs of material encouraging the use of dialogue, negotiation, mediation, and other suitable approaches to dealing with conflicts that are designed to strengthen peaceful coexistence and further a culture of peace and human rights;

v Resolves to follow-up on the topic of alternative conflict resolution in the framework of the OAS, in order to continue fostering the sharing of experience and cooperation among member states of the OAS.

5. Justice Studies Center of the Americas

REMJA-III:

v Welcomes the establishment of the Justice Studies Center of the Americas; the ad<option of its Statutes; and the installation of its Board of Directors by the General Assembly of the OAS, pursuant to the mandates of the Second Summit of the Americas;

v Takes note of the recommendations contained in the Report of the First Meeting of the Board of Directors, held in Washington, D. C. on February 24 and 25, 2000;

v Resolves that the site for the Justice Studies Center of the Americas will be in Santiago, Chile, as provided for in the powers assigned to the REMJA under the Statutes of the Center and bearing in mind the recommendation made by the Board of Directors. REMJA-III thanks the governments of Argentina, Peru, the Dominican Republic, and Uruguay for their offers to provide a site for the Center and invites them to contribute their experience and technical skills in supporting the work entrusted to the Center;

v Urges the member states and permanent observers of the OAS to contribute voluntary funds to finance the activity of the Center, in accordance with the provisions of Article 17 of the Statutes of the Justice Studies Center of the Americas;

v Encourages the Board of Directors to proceed with the preparation of the rules of procedures; with the signature of a Site Agreement with the Government of Chile; with the preparation of a draft work plan for the Center; and with the appointment of its Executive Director;

v Requests the General Assembly of the OAS to proceed to approve the appointment of the person chosen by the Board of Directors as Executive Director of the Center, pursuant to Article 6 of the Statutes of the Center in order to ensure that it can start functioning as soon as possible;

v Invites the Board of Directors duly to take into account the conclusions and recommendations of REMJA-III when devising its work plan and in the activities carried out by the Center, as provided for in Article 12 of its Statutes.

6. Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas

The General Assembly of the Organization of American States, meeting at its thirty-third regular session, held in San José, Costa Rica, and bearing in mind the agreements reached by the Heads of State and Government at the Third Summit of the Americas, adopted resolution AG/RES. 1781 (XXXI-O/01), in which it convened the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas and instructed the Permanent Council to prepare the agenda and the preliminary documents for the meeting and to set a date for it.

On February 13, 2002, the Permanent Council, after listening to a presentation by Mr. Mackisack Logie, Alternate Representative of the Permanent Mission of Trinidad and Tobago, on the report of the Special Group on Justice concerning the draft agenda and schedule for REMJA-IV, as well as the observations made by delegations on those drafts, adopted the following draft agenda:

DIALOGUE OF HEADS OF DELEGATION

Topic: “Legal and judicial cooperation in fighting transnational organized crime and terrorism”

II

1. Mutual legal assistance

1.1 Agreements on legal and judicial cooperation in the Americas: Applicability, implementation, and improvement of cooperation instruments at the inter-American level

1.2. Extradition

1.3. International cooperation for the repatriation of illegal funds derived from corruption

1.4. Information exchange network

2. Improving the administration of justice

2.1. Access to justice: Alternative means of conflict resolution and other mechanisms

2.2 Penitentiary and prison policy

3. Cyber-crime

4. Report of the Justice Studies Center of the Americas

5. Recommendations

The Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas was held from March 10 to 13, 2002, in Trinidad and Tobago. The Meeting was chaired by the Honorable Senator Glenda Morean, Attorney General of the Republic of Trinidad and Tobago. Mrs. Elizabeth Süssekind, National Secretary of Justice of Brazil, and Mr. Martin Cauchon, Minister of Justice and Attorney General of Canada, were elected First Vice President and Second Vice President, respectively.

The Meeting decided to install the Working Group and charged it with preparing the draft recommendations of REMJA-IV and the draft agenda for REMJA-V. The plenary of the Meeting elected Mr. Mackisack Logie, of Trinidad and Tobago, as Chair of the Working Group.

As the final item on its agenda, the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas adopted the following conclusions and recommendations, for submission, through the Permanent Council, to the General Assembly at its thirty-fourth regular session.

I. Legal and judicial cooperation in fighting transnational organized crime and terrorism

The damage caused and the threat posed by the different types of transnational organized crime and terrorism, both to our democracies and to the economic and social development of our states, make it necessary and urgent to strengthen and enhance mutual legal and judicial cooperation at the hemispheric level.

In this regard, REMJA-IV agrees to initiate a process aimed at the adoption of a hemispheric Plan of Action in the area of mutual legal and judicial cooperation in order to join forces to combat the various manifestations of transnational organized crime and terrorism, in keeping with the commitment made by the Heads of State and Government at the Third Summit of the Americas.

To that end, REMJA-IV recommends:

1. That states that have not yet done so take the following necessary measures, as soon as possible, in order to:

a. Sign and ratify, ratify, or accede to, as appropriate, the inter-American treaties on legal and judicial cooperation in criminal matters, including the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials; the Inter-American Convention on Mutual Assistance in Criminal Matters; the Inter-American Convention on Extradition; and the Inter-American Convention against Corruption.

b. Sign and ratify, ratify, or accede to, as appropriate, the United Nations Convention Against Transnational Organized Crime and the Protocols thereto.

c. Establish necessary domestic measures for the effective use of the aforementioned international instruments.

d. Appoint their respective central authorities for the inter-American treaties on mutual legal and judicial cooperation in criminal matters.

e. Respond to the questionnaire prepared by the OAS General Secretariat relating to the Inter-American treaties on legal and judicial cooperation in criminal matters.

2. ..... That the states continue to participate actively in the work of the Inter-American Committee against Terrorism (CICTE) and in the negotiation process for an inter-American convention in this area, paying special attention to the need to strengthen mechanisms for hemispheric cooperation and considering the link between transnational organized crime and terrorism.

3. ..... That the OAS General Secretariat conclude, on the basis of the information provided by the states, studies on the obstacles they encounter both to signing, ratifying, acceding to, and implementing the inter-American treaties on legal and judicial cooperation in criminal matters and to making mutual legal assistance in countering the different types of transnational organized crime more effective, flexible, timely, and efficient.

4. ..... That, in the framework of the work of the Special Group of the OAS Permanent Council entrusted with implementing the REMJA recommendations, a group of governmental experts in the area of mutual legal and judicial cooperation in criminal matters be convened as soon as possible, including the central authorities for the inter-American treaties on legal and judicial cooperation in this area, with the mandate of drawing up a proposed hemispheric Plan of Action to consolidate and enhance mutual legal and judicial cooperation in combating the various manifestations of transnational organized crime and terrorism. The said proposal will be submitted to REMJA-V for consideration and approval.

In the formulation of the proposed Plan of Action, the following points, inter alia, should be taken into account:

1. Convocation