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Background

SOLIDARITY OF THE OAS MEMBER STATES WITH THE PRESIDENT,
EVO MORALES AYMA, AND PEOPLE OF THE PLURINATIONAL STATE OF BOLIVIA [1][2]

(Adopted at the meeting held on July 9, 2013)


THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

CONSIDERING:

That the Charter of the Organization of American States establishes that "international law is the standard of conduct of States in their reciprocal relations;" and that "international order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of the obligations arising from treaties and other sources of international law;"

That all states must strictly observe the rules and customs governing immunity of all Heads of State, as well as the rules and regulations of international law relating to the use of airspace for overflight and landing;

That the Government of the Plurinational State of Bolivia, through its Permanent Mission to the OAS, reported and publicly alleged that on July 2, 2013, the Presidential Airplane FAB-001 that was taking President Evo Morales Ayma from Moscow to La Paz was forced to make an emergency landing in Vienna, Austria, because of the cancellation, denial, or delaying of previously issued overflight and landing permits for airspaces of France, Portugal, Italy, and Spain, potentially compromising the safety of the Bolivian President and his entourage; and violating international law on the subject matter; and

That the Secretary General of the Organization in a timely manner, through a press release, has expressed deep concern at the decision by the authorities of several European countries that prevented the airplane carrying the President of the Plurinational State of Bolivia, Evo Morales, from Moscow to La Paz from using their airspace; and at the same time called on the countries involved to explain the reasons for taking this decision, particularly as it put the life of the leader of a member country of the OAS at risk,

RESOLVES:

1. To express the solidarity of the member states of the Organization of American States with the President of the Plurinational State of Bolivia, Evo Morales Ayma.

2. To condemn actions that violate the basic rules and principles of international law such as the inviolability of Heads of State.

3. To firmly call on the Governments of France, Portugal, Italy, and Spain to provide the necessary explanations of the events that took place with the President of the Plurinational State of Bolivia, Evo Morales Ayma, as well as apologies as appropriate.

4. To call for a continuation of respectful and constructive dialogue involving the parties, in accordance with the rules of international law and the mechanisms for peaceful settlement of disputes.

5. To reaffirm the full validity of the principles, rules, and international customs governing diplomatic relations among states and guaranteeing peaceful coexistence among all countries comprising the international community.

6. To instruct the Secretary General to follow up on the contents of this resolution.

FOOTNOTES

1. Canada cannot join consensus on this resolution. Canada does respect the privileges and immunities granted to heads of State in customary international law. However, in this case, there are conflicting interpretations of the facts surrounding the event. Moreover, the alleged granting or cancellation of overflight authorization is a bilateral matter separate from the question of the privileges and immunities of heads of State. Before bringing the matter to this Organization, those states named in the resolution should seek a resolution through diplomatic channels.

2. The United States cannot join consensus on this resolution. The relevant facts regarding the incident at issue are unclear and subject to conflicting reports. It is therefore inappropriate for this organization to make statements regarding them at this time. In addition, the question of granting or canceling of overflight or landing permits is a bilateral matter between Bolivia and the countries concerned. It is unhelpful and inappropriate for the OAS to attempt to intervene at this moment.

Reference: S-012