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