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G E N E R A L S E C R E T A R I A T |
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G E N E R A L S E C R E T A R I A T |
CP/RES. 759 (1217/99) |
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OEA/Ser.G CP/RES. 759 (1217/99) GUIDELINES
FOR THE PARTICIPATION OF
THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES, HAVING
SEEN the report by the Chair of the Committee on Civil Society
Participation in OAS Activities and having studied the document prepared
by that Committee, �Guidelines for the Participation of Civil Society
Organizations in OAS Activities� (CP/CSC-4/99 rev. 7); and BEARING
IN MIND: General
Assembly resolution �The Organization of American States and Civil
Society� [AG/RES. 1661 (XXIX-O/99)] containing the mandate for the
Permanent Council to prepare guidelines for civil society participation
in OAS activities and to adopt them before December 31, 1999; The
standards on cooperative relations between the Organization of American
States and the United Nations, UN specialized agencies, and other
national and international agencies contained in resolution AG/RES. 57
(I-O/71) and resolution CP/RES. 704 (1129/97) on the legal status of
nongovernmental organizations (NGOs) in the Organization; The
General Assembly�s recognition of the significant contribution of
civil society organizations to activities of the OAS and its organs and
agencies; and The
work carried out since 1995 by the Permanent Council and its subsidiary
bodies to increase the degree to which appropriate nongovernmental
organizations and civil society organizations might become more closely
involved in, and contribute to, the activities of the Organization, as
well as its examination of ways to implement the tasks entrusted to the
OAS in the Santiago Plan of Action with respect to civil society, RESOLVES: 1.
To adopt the attached Guidelines on Participation by
Civil Society Organizations in OAS Activities, which will supplement
existing provisions in the Organization, will contribute to its
modernization, and ensure the enhancement of relations between it and
civil society. 2.
To instruct the Secretary General to take the necessary
measures to enable the implementation of these Guidelines and to report
thereon to the Permanent Council prior to the thirtieth regular session
of the General Assembly. 3.
To encourage member states to disseminate information
on these Guidelines among civil society organizations in their
respective countries. 4. To congratulate the Committee on Civil Society Participation in OAS Activities for the efficient way in which it has complied with the General Assembly mandate in the preparation of the above-mentioned Guidelines.
To report to the General Assembly at its thirtieth regular session on the implementation of resolution AG/RES. 1661 (XXIX-O/99). 5. To report to the General Assembly at its thirtieth regular session on the implementation of resolution AG/RES. 1661 (XXIX-O/99).
APPENDIX GUIDELINES
FOR PARTICIPATION BY CIVIL SOCIETY INTRODUCTION
The Organization of American States (OAS) has taken a special
interest in potential contributions by civil society organizations to
the activities of its organs, agencies, and entities.
For that reason, the OAS Charter assigned the handling of
possible special agreements or arrangements between the Organization
"and other American agencies of recognized international
standing" to the Permanent Council in 1948. Over the past 50 years, the various organs, agencies, and
entities of the OAS have developed, in the context of their
institutional aims, various kinds of relationships with national and
international institutions. This
wealth of experience, which has given rise to some outstanding
innovations in the arena of intergovernmental agencies, has also
revealed the need to channel the contributions of those institutions and
organizations by developing appropriate regulations.
That is why the General Assembly�which in 1971 had already
adopted provisions to govern cooperative relations between the OAS and
"other international and national organizations"�came to
adopt resolutions to complement the pertinent articles of the OAS
Charter. The importance of
such cooperation was firmly established at the 1994 Summit of the
Americas in its declaration emphasizing the importance of civil society
organizations in enhancing and preserving democratic institutions.
At the Summit of the Americas on Sustainable Development, held in
Bolivia in December 1996, various civil society institutions contributed
experience that enriched the Plan of Action of Santa Cruz de la Sierra.
The Plan of Action of the Second Summit of the Americas, held in
1998, indicates that the OAS could serve as a forum for the exchange of
experience and information in connection with civil society
organizations, and entrusts the OAS with promoting suitable programs to
foster increased civil society participation in public affairs.
Thus began the second phase in the development of regulations and
mechanisms for channeling the contributions of civil society
organizations�an effort spearheaded by the OAS Permanent Council.
The Committee on Juridical and Political Affairs conducted an
exhaustive study of the subject and, in 1998, prepared a report on the
legal status of nongovernmental organizations at the OAS.
For its part, the Special Joint Working Group of the Permanent
Council and the Inter-American Council for Integral Development on the
Strengthening and Modernization of the OAS contributed to the
development of guidelines for civil society participation in OAS
activities.
For its part, in 1998 the General Assembly instructed the
Permanent Council to study means of increasing the level of
participation by civil society organizations in OAS activities and ways
to implement the Santiago Plan of Action's mandates to the OAS relating
to civil society. In 1999,
the General Assembly decided to establish, within the Permanent Council,
a Committee on Civil Society Participation in OAS Activities, whose
tasks include developing rules to ensure such participation.
The OAS has thus acquired considerable experience with civil
society participation in its activities.
Initially, the different forms that participation took were
developed by individual organs in accordance with their particular aims.
Especially apt examples are the ties established by the
Inter-American Commission on Human Rights, the Department of Sustainable
Development (formerly Regional Development and Environment), and the
Inter-American Telecommunication Commission.
These different forms of relationship are reflected in the
statutes and rules of procedure of those OAS bodies.
In addition, civil society organizations traditionally attend the
sessions of the OAS General Assembly.
This tradition of OAS cooperation with civil society
organizations is based on the significant contributions these
organizations can make to OAS work, since they can contribute knowledge
and additional information to decision-making processes, raise new
issues and concerns that will subsequently be addressed by the OAS, lend
expert advice in their areas of expertise, and contribute to
consensus-building in many spheres.
Bearing in mind recent changes in the responsibilities of
non-state actors in public life and their increasingly important role at
the national, regional, and international levels�trends acknowledged
by the OAS and the Summit of the Americas�new mechanisms and methods
must be identified to improve current standards and practices in order
to adapt them to these new phenomena. Within this framework, a new phase, i.e., efforts to facilitate participation by civil society organizations in OAS activities overall, began in 1994. In order to bear fruit, civil society participation must be oriented by a clear and yet flexible regulatory framework. Such flexibility is achieved by way of periodic review of participation in OAS activities. These Guidelines thus represent a further step toward enhancing civil society participation in OAS activities. GUIDELINES
FOR PARTICIPATION BY CIVIL SOCIETY 1.
Purpose. The purpose of these guidelines is to govern participation by
civil society organizations in activities of the organs, agencies, and
entities of the Organization of American States (OAS), in accordance with
the inter-governmental nature of the OAS and the provisions of the Charter
of the Organization, in particular Articles 91.d, 95.d, 103, and 112.h,
the statutes and rules of procedure of the corresponding organs, and the
rules governing the conduct of OAS activities in pursuit of its essential
purposes. 2.
Definition. �Civil
society organization� is understood to mean any national or
international institution, organization, or entity made up of natural or
juridical persons of a nongovernmental nature. 3.
Scope of participation by civil society organizations. a.
Civil society organizations may attend the activities of the OAS,
make presentations, provide information, and, at the request of the
organs, agencies, and entities of the OAS, provide expert advice, in
accordance with these guidelines. They
may also participate in operational activities relating to the design,
financing, and execution of cooperation programs, in accordance with
applicable regulations and specific agreements negotiated for this
purpose. b.
The provisions of these Guidelines complement but do not modify the
Rules of Procedure of the General Assembly, the Rules of Procedure of the
Inter-American Council for Integral Development (CIDI), the rules
governing the inter-American specialized conferences and organizations,
and the rules governing the inter-American committees of CIDI. 4.
Principles to
govern participation by civil society
organizations in OAS activities. Civil
society organizations may participate in OAS activities in accordance with
the following principles: a.
The matters with which they are concerned must fall within the
competence of the OAS, and the aims and purposes they pursue must be
consistent with the spirit, aims, and principles established in the
Charter of the OAS. b.
Participation by civil society organizations in
OAS activities shall have the purpose of enabling the organs, agencies, or
entities of the OAS to benefit, in a manner consistent with their
operational regulations, from expert advice or specialized information
provided to them by those organizations on subjects in which those
organizations have special competence or interest and from the cooperation
such organizations may provide. c.
Participation
by civil society organizations in OAS activities should further the
activities of its organs, agencies, and entities without prejudice to the
regulatory, policy-making, and policy implementation functions established
by the instruments that govern those organs, agencies, and entities. d.
Participation by
civil society organizations in OAS activities, while welcome, shall not be
interpreted as a concession of negotiating functions�which are the
exclusive preserve of the States�and shall not alter the
intergovernmental nature of the organs, agencies, and entities of the OAS. e.
Arrangements
for participation by civil society organizations in OAS activities are
distinct from the rights accorded to member states, permanent observers,
and entities and organs of the inter-American system. 5.
Responsibilities of the organs, agencies, and entities of the
OAS with respect to participation by civil society organizations in their
activities. a.
The Permanent Council, through its Committee on Civil Society
Participation in OAS Activities ("the Committee"), shall monitor
the arrangements established between civil society organizations and the
OAS within the scope of the functions conferred upon it by the Charter of
the OAS. b.
The other organs, agencies, and entities of the OAS shall govern
their relations with civil society organizations in ways that are
consistent with their own governing provisions and that will best serve
their purposes and specific mandates, with due regard to these guidelines. c.
The General Secretariat shall carry out the duties entrusted to it
by the Permanent Council through the Committee, shall implement the
mechanisms and procedures detailed below, and shall present
recommendations as it sees fit to the Committee, with a view to improving
the system once established. 6.
Application to participate.
In order for a civil society organization to participate in the
activities of the OAS, it must direct an application to the Secretary
General. The Secretary General shall refer the application to the
Committee, which shall examine it, make such recommendations as it sees
fit, and submit it to the Permanent Council for a decision.
The application should contain the following elements: a.
Official name, address, and date of establishment of the
organization and the name(s) of its directors and legal representative(s). b.
Its primary areas of activity and their relationship to the
activities of the OAS organs, agencies, and entities in which it wishes to
participate. c.
Reasons why it believes its proposed contributions to OAS
activities would be of interest to the Organization. d.
Identification of the OAS work areas in which it proposes to
support ongoing activities or to make recommendations on the best way to
achieve OAS objectives. e.
The application shall be accompanied by the following documents: �
Charter
or constitution �
Statutes �
Most
recent annual report �
Institutional
mission statement �
Financial
statements for the previous fiscal year, including reference to public and
private sources of financing. 7.
Registration of civil society organizations. The General Secretariat
shall establish a register of all civil society organizations approved by
the Permanent Council for participation in OAS activities.
The General Secretariat shall keep this register updated, and shall
publish it on the OAS web site in the area pertaining to civil society
organizations. 8.
Conditions of eligibility.
In examining the application to participate submitted by a civil
society organization, the Committee shall take into account the following
factors in preparing its recommendation thereon: a.
The civil society organization shall be of recognized standing
within its particular field of competence and shall be of a representative
nature. b.
The civil society organization shall have an institutional
structure that includes appropriate mechanisms for holding its officers
accountable and subject to its members. It shall also have a legal representative and an executive
officer, as well as established headquarters. c.
The civil society organization shall obtain its resources primarily
from its affiliates or individual members, and shall have provided a
listing of its sources of financing and any donations received, including,
in particular, those originating from government sources. Those
organizations that are not membership-based shall also provide a listing
of sources of financing and any donations received, including, in
particular, those originating from government sources. d.
The Committee must satisfy itself in particular that the
institutional and financial structure of the civil society organization is
transparent and affords it a degree of independence. e.
The Committee shall not process applications to participate from
civil society organizations that have their headquarters or conduct their
principal activities in any territory over which there exists a
sovereignty dispute between an OAS member state and a state outside the
Hemisphere. 9.
Geographic origin of the civil society organizations.
The Committee should seek to ensure the registration of civil
society organizations from all member states, in order to facilitate just,
balanced, effective, and genuine participation by all regions of the
Hemisphere. 10. Comments
and requests for reports by member states.
During the Committee's examination of applications to participate,
member states may submit comments and request information from the
organization in question. These
comments and requests shall be sent to that organization for a response. 11.
Responsibilities of registered civil society organizations.
By registering, the civil society organization assumes the
following responsibilities: a.
Answer inquiries from the organs, agencies, and entities of the OAS and
provide advisory services to them upon request. b.
Disseminate information on OAS activities to its members. c.
Present to the General Secretariat, before December 31 of each
year, a report, containing an executive summary, on its participation in
OAS activities during that year, its financial situation and sources of
funding, and the activities planned for the coming year.
This report shall be transmitted by the General Secretariat to the
Committee. d.
Keep the information on its executive officers up to date. 12.
Participation in OAS conferences.
Participation by civil society organizations in OAS conferences
shall be governed by the following rules: a.
A registered civil society organization may participate after
notifying the General Secretariat of the name(s) of the representative(s)
who will attend the conference. b.
A civil society organization that is not registered and wishes to
participate in an OAS conference shall submit an application to that
effect to the General Secretariat, which shall transmit it to the
Committee. The application
shall contain the information specified in item 6. c.
After the Committee has made a preliminary review of the
application and has made such recommendations as it sees fit, the
application shall be transmitted to the committee or working group charged
with preparing for the conference, which shall take a final decision and,
if appropriate, shall issue accreditation to the applying organization. d.
If a member state comments on or requests information with respect
to an application to participate, the civil society organization referred
to should be informed in time for it to be able to respond. e.
In all other respects, the participation of civil society
organizations in OAS conferences shall be governed by the rules governing
those activities.13.
Attendance and participation by civil society organizations in
the OAS at meetings of the Permanent Council, CIDI, and their subsidiary
bodies a.
Registered civil society organizations may designate
representatives to attend, as observers, public meetings of the Permanent
Council, CIDI, and their subsidiary bodies.
Whether representatives of civil society organizations may attend
closed meetings shall be determined by the chair of the meeting in
question, in consultation with the participating member state delegations. b.
The Secretariat shall provide registered civil society
organizations, in a timely manner, with information on the calendar of
public meetings and, when available, the order of business of such
meetings. c.
A registered civil society organization may present written
documents, not exceeding 2,000 words, preferably in two of the official
languages of the OAS, on questions that fall within its particular sphere
of competence and appear on the agenda or order of business for the
meeting. These documents shall be distributed by the General
Secretariat to member states, insofar as possible, in two of the official
languages of the OAS. Texts
exceeding 2,000 words shall be accompanied by executive summaries in two
of the official languages of the OAS, which the Secretariat shall
distribute sufficiently ahead of time.
The complete text of the document may be distributed in its
original language or languages, the cost to be borne by the civil society
organization in question. d.
In the case of meetings of committees of the Permanent Council or
of CIDI, registered civil society organizations may distribute written
documents in advance, in keeping with item 13.c, and, with prior approval
from the committee in question, may give a presentation at the beginning
of the deliberations. Civil
society organizations may not participate in deliberations, negotiations,
or decisions adopted by member states. e.
In the case of meetings of expert groups and working groups of the
Permanent Council or of CIDI, registered civil society organizations that
have special competence in the issue to be discussed shall receive the
relevant documents in advance and, with the prior approval of the meeting,
may present a statement at the beginning of the deliberations, the text of
which may be distributed in advance to the member states.
With such approval, they may also give a presentation once the
consideration of the issue has concluded. Civil society organizations may
not participate in deliberations, negotiations, or decisions adopted by
member states. 14.
Review of participation by civil society organizations in OAS
activities. The Committee
may conduct a periodic review of participation by civil society
organizations in OAS activities, with a view to recommending to the
Permanent Council any measures for improvement it considers appropriate.
For this purpose, the Committee shall take account of the annual
reports civil society organizations must submit under item 11.c. 15.
Suspension or cancellation of registration.
The Committee may recommend to the Permanent Council that it
suspend or cancel the registration of any organization if it has concluded
that such organization: a.
Has acted in a manner that is inconsistent with the essential aims
and principles of the OAS; b.
Has failed to make a positive or effective contribution to the work
of the OAS, as reflected in the reports submitted under item 11.c; c. Has
failed to submit reports for two consecutive years; or d. Has
furnished manifestly false or inaccurate information.
CP06614E05.DOC 17.
Cancellation of registration.
The Permanent Council may cancel the registration of a civil
society organization as a result of the periodic review referred to in
items 14 and 15. A civil
society organization whose registration has been cancelled may apply again
to the Permanent Council for recognition three years after the effective
date of cancellation. 18.
Notification of the procedure to the civil society
organization. The Secretary
General shall provide written notification to any registered civil society
organization before the Committee recommends the suspension or
cancellation of its registration. The
Committee shall provide the organization in question with a reasonable
opportunity to submit any comments, observations, or information it deems
relevant. |
