office of the Summit Follow-up - OAS

 

GENERAL ASSEMBLY
TWENTY-SIXTH REGULAR SESSION

OEA/Ser.P  AG/doc.3329/96
Panama, Republic of Panama
June 3, 1996
Original: English


SECOND REPORT OF THE SPECIAL COMMITTEE ON INTER-AMERICAN
SUMMITS MANAGEMENT TO THE MINISTERS OF FOREIGN AFFAIRS
IN COMPLIANCE WITH RESOLUTION AG/RES. 1349 (XXV-O/95)

(Item 12 on the agenda)

This document will be presented to the General Assembly at its twenty-sixth regular session

EXPLANATORY NOTE

At its meeting of May 15, 1996, the Permanent Council considered the Report of the Special Committee on Inter-American Summits Management (CP/doc.2745/96), enclosed, and endorsed it for transmission to the General Assembly together with the draft resolution, as background material for consideration in the respective agenda item.

OEA/Ser.G   CP/doc.2745/96
6 May 1996
Original: English

SECOND REPORT OF THE SPECIAL COMMITTEE ON INTER-AMERICAN SUMMITS MANAGEMENT TO THE MINISTERS OF FOREIGN AFFAIRS IN COMPLIANCE WITH RESOLUTION AG/RES. 1349 (XXV-O/95)
(January-June 1996)

INTRODUCTION

Through resolution AG/RES. 1349 (XXV-O/95) "Inter-American Summits Management," adopted at its twenty-fifth regular session, the OAS General Assembly set up a Special Committee of the Permanent Council on Inter-American Summits Management to follow-up on the activities assigned to the Organization by the Summit of the Americas.

At its session of August 9, 1995, the Permanent Council installed the Special Committee on Inter-American Summits Management and elected by acclamation Ambassador Harriet C. Babbitt, Permanent Representative of the United States, Chair of the Committee. At its first session, the Special Committee elected Ambassador José Roberto Andino Salazar, Permanent Representative of El Salvador, Vice Chairman by acclamation.

The General Assembly instructed the Special Committee to request and receive reports on a regular basis from any organ, agency or entity of the OAS responsible for Summit implementation and to comment on these reports and provide specific guidance, direction, and tasking to these bodies.

The General Assembly also instructed the Permanent Council to inform other regional and subregional governmental entities and institutions that are called upon to assist in implementing the initiatives of the Plan of Action of the Organization's interest in receiving information on their activities and to request that they provide the Permanent Council with this information on a regular basis.

Moreover, the General Assembly instructed the Special Committee to report in writing through the Permanent Council to the foreign ministers in December of each year and at each regular session of the General Assembly on the progress made in implementing this resolution.

The first report of the Special Committee to the Ministers of Foreign Affairs was presented in December 1995 (CP/doc.2674/95 rev. 1 corr. 1).

Between January and June 1996, the period covered by this report, the Special Committee held monthly meetings. At its meeting on February 6, 1996, the Committee approved the draft letters from the Chair of the Special Committee to the bodies of the Organization requesting that they report in writing on the progress made in implementing summit initiatives since the previous report and on additional plans to follow up on the Summit action items. In the letters the Chair stressed the importance of including only activities or plans directly related to Summit follow-up for the period since the previous request. The Special Committee also asked the Chair of the Permanent Council to send letters to pertinent regional and subregional organizations inviting them to report on their Summit implementation activities. The list of reports received, is annexed to this report [See Annex I].

At the same session, the Chair distributed an open letter dated January 26, 1996, from Ambassador Alexander F. Watson, Chairman of the Summit Implementation Review Group (SIRG), to its members, in which he expressed his satisfaction with the results of the Fifth Meeting of the SIRG held at ECLAC headquarters in Chile. In his letter, Ambassador Watson also referred to the joint-implementation proposal for the initiatives on democracy and human rights presented by the Governments of Brazil and Canada. The SIRG meeting, at the suggestion of both Governments, had agreed to forward this joint proposal to the Special Committee on Summits Management with the recommendation that it organize a working group.

The delegations of Brazil and Canada presented to the Committee their proposal for implementing the Summit Plan of Action initiatives for strengthening democracy and promoting and protecting human rights.

At its meeting of April 11, 1996, the Special Committee installed the Working Group on Democracy and Human Rights and charged it with, "in keeping with the purposes and principles of the OAS Charter, the goals and principles of the American Declaration of the Rights and Duties of Man, and the American Convention on Human Rights, supporting development of follow-up activities of the commitments of the Summit of the Americas in the areas of democracy and human rights, including the study of the proposal presented by Brazil and Canada."

In accordance with the mandate of resolution AG/RES. 1349(XXV-O/95), the Special Committee on Inter-American Summits Management presents its second report to the Foreign Ministers of the Organization.

The sections in this report and the numbers in parenthesis accompanying them correspond to the initiatives presented in the Summit Plan of Action. Because the Special Committee requested only information on Summit-related activities which had taken place or were planned since the Committee's first report to the ministers of foreign affairs, some initiatives in the Plan of Action are not covered.

The report covers activities in 13 of the 23 Plan of Action initiatives in all four themes. Among activities noted in the report are: Unit for the Promotion of Democracy activity in election monitoring and strengthening democratic institutions; the work done by several organizations in promoting women's rights in the wake of the 1995 Beijing conference on women; adoption of the Inter-American Convention Against Corruption; the establishment of the Inter-American Council for Integral Development (CIDI); the OAS Permanent Council establishment of a working group on money laundering (done on the recommendation of the ministerial conference on money laundering); CICAD's work in combating illegal drugs; the conference on terrorism; the ministerial conference on trade; the meeting of ministers responsible for science and technology; and the preparations for a summit on sustainable development.

TOPIC I: PRESERVING AND STRENGTHENING THE COMMUNITY OF DEMOCRACIES OF THE AMERICAS

1. Strengthening Democracy (item 1)

WORKING GROUP OF THE PERMANENT COUNCIL ON REPRESENTATIVE DEMOCRACY

The Working Group began consideration of the "Education for Democracy" project, presented by the Delegation of Uruguay, which is designed to teach students about democratic institutions. The Working Group also began consideration of the project "General Guidelines for the Proposed Young Democratic Leaders Project: Hemispheric Network of Youth Leaders," presented by the Delegation of Costa Rica. The project is designed to train democratic youth leaders in the Americas.

WORKING GROUP OF THE PERMANENT COUNCIL ON ENHANCEMENT OF THE ADMINISTRATION OF JUSTICE IN THE AMERICAS

The Permanent Council, at its session of April 10, 1996, endorsed the request of the Committee on Juridical and Political Affairs to hold three seminars and agreed to request the necessary funding. Two Central American regional seminars will be held in Managua during the second half of 1996. The first entitled "Regional Seminar on Application of International Rules of Law," organized by the Central American Court of Justice, will deal with the application of inter-American rules of law in the national legal systems of Central American countries. The second entitled "Regional Seminar on Enhancement of the Administration of Justice," organized by the Supreme Court of Justice of Nicaragua, will analyze the latest legislative developments in the hemisphere on issues related to penal, business, and procedural law and administrative litigation.

The Public Defender School in Tarija, Bolivia will host a regional workshop in the first half of 1997 to train public defenders in penal and civil law.

INTER-AMERICAN JURIDICAL COMMITTEE

On February 6, 1996, the Inter-American Juridical Committee approved the resolution "Democracy in the Inter-American System" reaffirming its opinion that seminars and round tables would effect the progressive development of international law for the furtherance of representative democracy.

In another resolution adopted February 9, 1996, the IAJC reiterated its commitment to improving the administration of justice. The resolution focuses on the protection and guarantees of judges and lawyers and facilitation of access to justice by simplifying judicial procedures.

At its regular session in February 1996, the IAJC took note of the report by the Secretary General entitled "The Law in a New Inter-American Order" and resolved to include an analysis of this document as an item on the agenda of its next regular session in August 1996.

GENERAL SECRETARIAT - Unit for the Promotion of Democracy (UPD)

The Unit is working on an intensive program of activities designed to strengthen democratic institutions in Latin America and the Caribbean.

Together with the World Bank, the IDB, and other institutions, the General Secretariat, through the Unit, organized the second Inter-American Conference of Mayors in Miami April 17-19, 1996. Mayors, leaders of municipal associations and parliamentarians discussed decentralization.

The UPD visited Belize to identify activities to strengthen the civil registry's information system. It is preparing election observer missions to send to the Dominican Republic, Nicaragua and Suriname. Ecuador has requested a similar mission. In El Salvador, the Unit is conducting a feasibility study to provide technical assistance to the Supreme Electoral Tribunal for a national census project. The UPD proposed convening a hemispheric meeting of electoral organizations, preceded by a preparatory meeting of specialists. Both meetings would take place in Paraguay and would address such themes as developing a career as an electoral official, horizontal cooperation among electoral organizations, and a comparative study of electoral legislation.

The UPD is working with the Executive Secretariat of the Andean Parliament to conduct a series of studies and seminars in the field of legislative assistance. Subjects covered include the compatibility of organic congressional laws, electoral and political party laws, the training of employees of national congresses, and budgetary analysis. In Uruguay, it is assisting the Latin American Center of Human Economy to hold seminars and conduct studies on ways to make the legislature more effective. The General Secretariat, the IDB, and other multilateral organizations are organizing a seminar to exchange experiences and lessons learned from projects to support and strengthen legislatures in Latin America.

The Unit is assisting the Brazilian Institute of Municipal Affairs to publish 10,000 brochures on municipal government. In Paraguay, it will assist the Ministry of Education and Worship to develop the second phase of the Education for Democracy program to establish technical teams to work in research, preparation of materials and training. In Costa Rica, it is organizing a Central American seminar to exchange methods of teaching and learning democratic values and attitudes. In Venezuela, the Unit is working with the Presidential Commission to Reform the State to create and strengthen mechanisms for citizen participation.

SPECIAL COMMITTEE ON INTER-AMERICAN SUMMITS MANAGEMENT

At its session on April 11, the Special Committee on Inter-American Summits Management installed a Working Group on Democracy and Human Rights. On May 6, the Working Group analyzed the document prepared by Brazil and Canada "Plan of Action of the Summit of the Americas/ Democracy and Human Rights/ Implementation Proposal," which was attended by regional experts. The Working Group set July 31 as the deadline for presentation of observations and comments on the aforementioned proposal. By August 31 a new text would be sent to member states. The next meeting is scheduled for September 1996.

2. Promoting and Protecting Human Rights (item 2)

Various inter-American conventions deal with the promotion and protection of human rights and acceptance of these conventions is growing. Since the Summit of the Americas was held in December 1994, the 1988 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, "The Protocol of San Salvador," has been ratified by El Salvador, Mexico, Peru, and Uruguay, bringing the total number of ratifications to seven. The 1994 Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, "The Convention of Belém do Pará," has been ratified by a total of twenty member states: Bahamas, Barbados, Bolivia, Brazil, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Honduras, Nicaragua, Panama, Paraguay, Peru, Saint Lucia, St. Kitts and Nevis, Uruguay and Venezuela. Another five member states have signed but not yet ratified the convention: Argentina, Chile, Mexico, Saint Vincent and the Grenadines, and Trinidad and Tobago. The Secretariat for Legal Affairs serves as the depository of these conventions and instruments of ratification.

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

The Inter-American Commission on Human Rights, together with the Inter-American Commission of Women, the Inter-American Institute for Human Rights, and the Pan-American Health Organization, held a conference on women, human rights, and the inter-American system on March 29, 1996. The panelists, experts from various countries in the hemisphere, considered topics related to violence against women, discrimination, the political participation of women, and recommendations for the advancement of women within the framework of the Conference on Women held in Beijing in 1995. Following the conference, on March 30, a meeting of experts was held to advise the Commission's Special Rapporteur on Women's Rights on implementation of this project. 

INTER-AMERICAN JURIDICAL COMMITTEE

Through the resolution "Right to Information," adopted February 9, 1996, the Inter-American Juridical Committee resolved to retain this topic on its agenda. The IAJC received the responsible rapporteur's initial report on access to personal data and information and the protection of such access. The final report will be presented at the IAJC's August 1996 session.

GENERAL SECRETARIAT - Unit for the Promotion of Democracy (UPD)

The UPD is working with the Executive Secretariat of the Andean Parliament to organize a seminar on human rights in the Andean subregion.

In Peru, the UPD is supporting the Institute of International Studies of the Pontifical Catholic University of Lima to prepare and implement a second course on "Education, Democracy and Human Rights" for civilians and the military.

3. Combating Corruption (item 5)

WORKING GROUP OF THE PERMANENT COUNCIL ON PROBITY AND PUBLIC ETHICS

The mandate of the Summit Plan of Action to promote and coordinate a new hemispheric agreement against corruption entrusted to the Working Group was carried out with the approval of the Inter-American Convention Against Corruption at the Specialized Conference in Caracas on March 27-29, 1996. [See Annex II] The Convention is the first anti-corruption treaty instrument in the world and is a firm political statement that the Americas are committed to a leadership role in the global fight against corruption.

The Convention was signed by the following OAS member states: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela. The President of Venezuela inaugurated the Specialized Conference, which was attended by a large number of high-level authorities from member states.

The purposes of the Convention are to "promote and strengthen the development by each of the States Parties of the mechanisms needed to prevent, detect, punish and eradicate corruption," and "to promote, facilitate and regulate cooperation among the States Parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate corruption in the performance of public functions and acts of corruption specifically related to such performance."

The discussions in the Working Group to finalize the analysis of the draft convention continued in this period through special sessions with governmental experts from January 30 to February 2 and March 11-12, 1996.

On January 23, 1996, the Chairman of the Working Group on Probity and Public Ethics submitted to the consideration of member states a Draft Plan of Action which contains a series of initiatives to be considered at the national as well as the international level and also a set of tasks to be entrusted to the General Secretariat, with the objective to follow up, complement and strengthen actions to combat corruption.

INTER-AMERICAN JURIDICAL COMMITTEE

The Inter-American Juridical Committee sent an observer to the Meeting of Experts to consider the draft Inter-American Convention Against Corruption and to the Specialized Conference in Caracas, Venezuela. The IAJC adopted a resolution on February 9, 1996, to retain on its agenda international cooperation to repress corruption.

4. Combating the Problem of Illegal Drugs and Related Crimes (item 6) 

WORKING GROUP OF THE PERMANENT COUNCIL TO STUDY THE DRAFT INTER-AMERICAN CONVENTION TO COMBAT MONEY LAUNDERING

At its session of February 2, 1996, the Permanent Council established a Working Group to study and agree on a coordinated hemispheric response, including the consideration of an inter-American convention, to combat money laundering. The establishment of the Working Group complied with the recommendation of the Ministerial Conference Concerning the Laundering of Proceeds and Instrumentalities of Crime, held in Buenos Aires, Argentina, December 2, 1995. The Working Group started its deliberations April 9, 1996.

INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION (CICAD)

On December 2, 1995, CICAD participated in the Ministerial Conference Concerning the Laundering of Proceeds and Instrumentalities of Crime. At the meeting, the Executive Secretariat was requested to convene the Group of Experts of CICAD that developed the "Model Regulations Concerning Money Laundering Offenses Connected to Illicit Drug Trafficking and Related Offenses" to propose a Plan of Action setting out the role of CICAD with regard to the recommendations of the Conference. The member states were requested to provide up-to-date information on laws and measures against money laundering. It was decided to convey to the Chairman of the OAS Permanent Council the Commission's interest as a specialized technical entity in participating in the Working Group established by the Permanent Council to consider the possibility of an inter-American convention to combat money laundering.

In March 1996, the XIX Meeting of CICAD in Washington approved the Executive Secretariat's proposal to include in its areas of action all narcotic drugs and psychotropic substances. CICAD will prepare a project in this area jointly with the International Narcotics Control Board and the World Health Organization and Pan American Health Organization.

CICAD approved implementation of the Precursor Chemicals Data Base Project prepared by the Executive Secretariat to analyze movements of precursor chemicals.

As a result of consultations in December 1995 between the OAS and the European Union on precursor chemicals, the Andean countries signed an agreement with the European Union on control of precursor and other chemicals. Negotiations will be conducted to extend this agreement to other countries in the hemisphere.

CICAD=s Experts Group on Control of Arms and Explosives will meet in Caracas on May 20 - 24, 1996.

CICAD is preparing a technical meeting on comprehensive drug abuse prevention in Costa Rica. In addition, a technical expert group meeting will be held in mid-1996 in Chile to evaluate the impact of drug abuse prevention programs.

CICAD's Working Group on Counternarcotics Strategy will consider the latest version of the document "Hemispheric Anti-Drug Strategy" at a meeting on May 21-24, 1996. This document will define basic principles for the preparation of a common strategy and identify the procedures to be followed.

CICAD authorized its Executive Secretariat to proceed with its pilot seminar on organizational development to strengthen the national drug committees in the Caribbean. The seminar is expected to take place in July or August 1996.

5. Eliminating the Threat of National and International Terrorism (item 7)

WORKING GROUP ON TERRORISM OF THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS

The Working Group on Terrorism, under Ambassador Beatriz Ramacciotti, Permanent Representative of Peru, met on February 23, 1996, to consider the schedule and approve the draft rules of procedure for the Inter-American Conference on Terrorism. A preparatory meeting for the conference was held February 27-29, 1996. It approved the draft agenda of the conference, the "Draft Declaration of Lima to Prevent, Combat and Eliminate Terrorism" and ten paragraphs of the Preliminary "Draft Plan of Action on Hemispheric Cooperation to Prevent, Combat, and Eliminate Terrorism." In compliance with the mandate of the preparatory meeting, the Working Group on Terrorism concluded consideration of the Plan of Action on April 9. On March 13, 1996, the Permanent Council adopted resolutions on the agenda and rules of procedure of the Inter-American Specialized Conference on Terrorism.

The Inter-American Specialized Conference on Terrorism met in Lima, Peru April 23-26, 1996. It adopted the "Declaration of Lima to Prevent, Combat and Eliminate Terrorism" [See Annex III] and the "Plan of Action on Hemispheric Cooperation to Prevent, Combat, and Eliminate Terrorism."

INTER-AMERICAN JURIDICAL COMMITTEE

At its regular session in February 1996, the Inter-American Juridical Committee took notice of the report on inter-American cooperation to confront terrorism and resolved to consider this and any subsequent report in light of the outcome of the Inter-American Specialized Conference on Terrorism.

6. Building Mutual Confidence (item 8)

COMMITTEE ON HEMISPHERIC SECURITY

In meetings on November 28, 1995 and January 19, 1996, the Committee began following-up and evaluating implementation of measures defined in the Declaration of Santiago on Confidence- and Security-Building Measures. The Committee invited governments of OAS member states to provide written information on measures to strengthen confidence and security and is awaiting this information to prepare its report to the General Assembly.

The Committee on Hemispheric Security considered the grievous effects of anti-personnel mines in Central America after hearing presentations on mine-clearing in Nicaragua, Honduras, and Costa Rica by representatives from the OAS Unit for the Promotion of Democracy and the Inter-American Defense Board. The Committee agreed to submit to the Permanent Council for its consideration a draft resolution recommending that the process of mine-clearing in Central America be continued, for possible adoption by the General Assembly. The Committee on Hemispheric Security also heard presentations by representatives from the International Red Cross and the United States government on the grievous and inhumane effects of anti-personnel mines, their limited military value, and the international negotiations being carried out with a view to prohibiting their manufacture, stockpiling, and use, and traffic in them. The Committee agreed to consider the presentation to the Permanent Council of a draft resolution on the eradication of anti-personnel mines in the Hemisphere for possible adoption by the General Assembly.

TOPIC II: PROMOTING PROSPERITY THROUGH ECONOMIC INTEGRATION AND FREE TRADE

7. Free Trade in the Americas (item 9)

SPECIAL COMMITTEE ON TRADE

The Special Committee on Trade (SCT) held a special meeting in Bogota, Colombia on March 6, 1996, to consider its report to the Cartagena Trade Ministerial Meeting. The SCT decided to present to the ministers responsible for trade the Analytical Compendium of Western Hemisphere Trade and Integration Agreements and to request the Trade Unit to review and update the Compendium periodically. The ministers subsequently agreed to publish the Compendium once the final version has been approved. The SCT also expressed its appreciation to the IDB for the report Rules of Origin in Preferential Trade Agreements in the Americas and forwarded the report to the FTAA Working Group on Rules of Origin and Customs Procedures.

INTER-AMERICAN JURIDICAL COMMITTEE

The Inter-American Juridical Committee continues its coordination with the Special Committee on Trade. Its most recent resolution concerning the juridical dimensions of integration and international trade was presented to the Trade Ministerial Meeting.

A study of the most favored nation principle and its application in the Americas is now underway.

GENERAL SECRETARIAT - Trade Unit

The Trade Unit continued to provide support to the Special Committee on Trade (SCT) and its Advisory Group. The Unit further developed the Analytical Compendium of Western Hemisphere Trade and Integration Agreements, broadening its coverage and adding five trade agreements. To support the Special Committee on Trade and in accordance with the Advisory Group's terms of reference, the Trade Unit prepared the document "Observations on Smaller and Relatively Less Developed Economies and Integration of the Western Hemisphere." In accordance with the mandates issued by the Special Committee on Trade, the Trade Unit continued to restructure the Foreign Trade Information System (SICE) to make it more efficient and responsive to the information needs of member states.

The Trade Unit supports eight of the eleven Working Groups for the Free Trade Area of the Americas and has prepared ten technical documents to support the Working Groups.

As part of its communications strategy, the Trade Unit began publication of the Trade Bulletin of the OAS, which is published bi-monthly. Each issue will deal with a specific topic.

The Trade Unit continues to expand its collaboration with multilateral, regional, and subregional organizations. Examples of this approach are the seminars on trade issues that the Trade Unit is preparing with SIECA for the Central American countries, and with SELA, CARICOM, and OECS for the Caribbean countries, and joint initiatives with UNCTAD, the World Trade Organization (WTO), the World Bank and the OECD.

On the occasion of the Cartagena Trade Ministerial the Trade Unit cooperated with the organization and development of the meeting of the Americas Business Forum on March 19-20.

At the Cartagena Ministerial on March 21, the ministers established additional working groups on trade in services, intellectual property rights, government procurement, and competition policy. The ministers agreed to consider the creation of a study group on environment after receiving the report that will be presented at the World Trade Organization(WTO) ministerial meeting in Singapore and upon recommendations from their vice-ministers. They will keep labor issues under consideration. The ministers received reports from working groups of the American Business Forum, which met immediately prior to the ministerial. Brazil will host the next Trade Ministerial in Belo Horizonte in June 1997.

8. Capital Markets Development and Liberalization (item 10)

INTER-AMERICAN JURIDICAL COMMITTEE

The Inter-American Juridical Committee has submitted for consideration for outside funding a series of educational colloquia for enhancing securities regulations in the hemisphere.

9. Telecommunications and Information Infrastructure (item 13)

THE INTER-AMERICAN TELECOMMUNICATIONS COMMISSION (CITEL)

CITEL, together with the Development Bureau of the International Telecommunications Union, prepared the bluebook Recommendations on Telecommunications Policies for the Countries of the Americas. This publication provides information on elements that should be taken into account when a country considers liberalizing and/or privatizing its telecommunications facilities.

Given the interest generated by the Legal Working Group, the Permanent Executive Committee of CITEL (COM/CITEL) decided to transform it into a Joint Working Group of the three Permanent Consultative Committees, open to participation by all associate members. The Working Group is preparing an action plan to develop a document for administrators and operators in the region. The document will provide a reference on the organizational structures and the decision-making procedures of recently established regulatory authorities in telecommunications.

The Working Group organized a seminar on value-added services, attended by 105 representatives of 20 countries, and prepared guidelines for the uniform implementation of value-added services. These guidelines are being revised by the members and associate members of the Working Group. A final document is expected for presentation to a senior officials' meeting in September.

The Network Modernization Working Group met in February to prepare the report to be presented at the senior officials' meeting. The Group is compiling information to prepare future plans.

Between April 30 and May 3, 1996, CITEL held a seminar in Puerto la Cruz, Venezuela entitled "Broadcasting Direct to the Home."

GENERAL SECRETARIAT - Executive Secretariat for Integral Development (CIDI)

The Hemisphere Wide Inter-university Network for Scientific and Technological Information of the OAS (RedHUCyT), together with the Government of Guatemala, provided funds to implement the MAYANet Project. The first phase of the project ended in December 1995 with the connection of Guatemala to the Internet. The second phase of MAYANet, scheduled to end in early 1996, includes an expansion of coverage and access to the network. This connection will promote the development of scientific and technological research and the exchange of specialized information for several institutions in the country.

The National Network of El Salvador (SVNet) is now in the implementation stage. The Network facilitates access to the Internet by a series of institutions, including, among others, the National Council for Science and Technology (CONACYT), the National Telecommunications Company (ANTEL), and the Universities of El Salvador, Don Bosco and José Simón Cañas.

In Paraguay, a project has been completed connecting the National and Catholic Universities, certain government institutions, and other organizations to the Internet. The OAS provides a ground station for satellite communication and for high-tech communications equipment. The connection was completed in April 1996.

Similar projects are under consideration or will be implemented during 1996 in the Caribbean.

The Central American Bank for Economic Integration, together with the Ministry of Science and Technology of Costa Rica and the Costa Rican National Research Network, approved a project to interconnect academic networks of Central America using the current infrastructure developed within the framework of the OAS/RedHUCyt.

Further, communications support was given to the institutions participating in the CUNet, which is connected to the Internet through the University of Puerto Rico.

10. Cooperation in Science and Technology (item 14)

GENERAL SECRETARIAT - Executive Secretariat for CIDI

The Meeting of Ministers responsible for Science and Technology was held in Colombia, March 27-29, 1996, in compliance with a decision adopted at the Summit of the Americas. This meeting had among other objectives to "evaluate the progress and promote the Bolivar Program and the MERCOCYT program of the OAS, provide the support necessary to promote the scientific associations and technological enterprises of the region, and explore the possibility of establishing a council of science and technology." In compliance with the mandate of the General Assembly of the OAS, CEPCIECC provided one hundred thousand dollars to support this meeting. The General Assembly of the OAS instructed the Department of Scientific and Technological Affairs, in its capacity as Technical Secretariat for the Permanent Committee of the MERCOCYT Program, to support the Government of Colombia and the Chair of the Permanent Committee in all matters related to this meeting.

The Ministers adopted a Declaration of Cartagena and a Plan of Action which stated that the OAS has the primary responsibility for follow-up and support of the recommendations of the Meeting of Ministers. The following recommendations are emphasized: the OAS and the IDB should have a significant support role in programs of hemispheric cooperation in science and technology; the Permanent Committee of the MERCOCYT Program should carry out follow-up activities of the agreements and the conclusions of the Meeting of Ministers, relying on the technical support of the OAS and under the authority of the Ministers of Science and Technology; and a specialized forum should be organized within the framework of MERCOCYT to analyze and prepare the transfer of resources for implementing plans for scientific and technological development of smaller, less developed countries. In addition, the Ministers requested OAS's support in the organization of future ministerial meetings in the context of the new CIDI.

TOPIC III: ERADICATING POVERTY AND DISCRIMINATION IN OUR HEMISPHERE

The Protocol of Managua reforming the OAS Charter entered into force January 29, 1996 with ratification by 23 countries. These reforms created the Inter-American Council for Integral Development (CIDI), which will promote partnership for development as a fundamental objective of the OAS and as an appropriate mechanism for collectively supporting national development efforts and, in particular, for helping to overcome extreme poverty in the hemisphere.

At its first meeting on June 2, 1996 in Panama City, Panama, CIDI will consider its statutes, strategic plan, and financing mechanisms.

In February 1996, the Secretary General proposed creating a Special Unit for Social Development that would be charged with assisting member states to formulate, design, and evaluate new social policies, particularly those directed at eradicating poverty. The Unit would also promote an exchange of information and experience in this area.

11. Strengthening the Role of Women in Society (item 18)

THE INTER-AMERICAN COMMISSION OF WOMEN (CIM)

With UNESCO, CIM co-sponsored a meeting on Women in the Construction of Peace in El Salvador, January 23, 1996. The event, organized by El Salvador's Legislative Assembly, brought together women from different regions of the country to discuss ways in which women can contribute to the development of a peaceful society.

At the Summit Implementation Review Group (SIRG) meeting in Santiago, Chile, January 22, 1996, CIM, through its Executive Secretary, made a presentation on the section of the Summit Plan of Action that addresses women's issues.

CIM, together with delegates from Central American countries, held in Guatemala City, February 21 - 23, 1996, a meeting of prominent individuals from the region on Women's Access to Decision-Making Processes. Among the participants were Guadalupe Jerezano Mejía, Vice President of Honduras, and Julia Mena, Vice President of Nicaragua. The conclusions of the meeting offer a basis for increasing the participation of women in politics.

CIM works in close partnership with the Network of Women's Bureaus in assisting in the development of national policy as it relates to the advancement of women.

Through the General Directorate for the Advancement of Women of the Dominican Republic, CIM financed the participation of certain CARICOM countries in a meeting of the Latin American Network of Women=s Bureaus to determine whether they should develop a similar network. The directors of women's bureaus in Jamaica, Saint Vincent and the Grenadines, the Bahamas, and Saint Lucia attended the meeting.

During 1996, CIM will hold meetings at the subregional level on topics related to poverty, the participation of women in politics, education, violence, and human rights to identify strategies for implementing CIM action plans. Steps are to be taken to obtain additional funds from United Nations agencies, other intergovernmental organizations, regional parliaments, and other sources to support these activities.

CIM is preparing a document on the role of women in sustainable development for the Sustainable Development Summit in Bolivia, to be held in December 1996. It is preparing an analysis of legislation in the CARICOM countries on discrimination against women, which should be concluded by mid-1996.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

In its role as Special Rapporteur on the Rights of Women, the Commission is responsible for analyzing legislation, judicial procedures, and other practices that discriminate against women and violate the American Convention of Human Rights and the American Declaration of the Rights and Duties of Man.

12. White Helmets - Emergency and Development Corps (item 20)

GENERAL COMMITTEE OF THE PERMANENT COUNCIL

On April 10, 1996, the Secretary General presented to the General Committee of the Permanent Council, a document on the White Helmets Initiative, prepared by outside consultants at the request of the OAS and IDB. This document was presented in compliance with the mandate contained in resolution AG/RES. 1351 (XXV-O/95), which calls upon the General Secretariat to "foster in the regional sphere the White Helmets Initiative" in coordination with the Permanent Council. Before its presentation, Ambassador Octavio Frigerio, Chair of the White Helmets Commission of the Argentine Republic, made a presentation on the latest developments regarding this initiative, including successful operations of the White Helmets in Bolivia, Haiti, Jamaica, and elsewhere.

The General Committee decided to keep the document in the Committee for its further consideration.

TOPIC IV: GUARANTEEING SUSTAINABLE DEVELOPMENT AND CONSERVING OUR NATURAL ENVIRONMENT FOR FUTURE GENERATIONS

COMMITTEE ON THE ENVIRONMENT

The Committee on the Environment held a Special Session at OAS headquarters on April 11-12, attended by high-level government experts, to define the role of the OAS in the environment and sustainable development and to contribute to establishing a new OAS agenda in these fields and to propose the institutional changes which are required. The following documents were considered: "Analytical Study Evaluating and Updating the Inter-American Program of Action for Environmental Protection"; "Topics Proposed by the OAS in Connection with the Development of International Environmental Law"; and "The Environment and Sustainable Development."

The Seminar on Public Participation in Decision-making for Sustainable Development was postponed until the second half of 1996. 

WORKING GROUP OF THE PERMANENT COUNCIL ON OAS COOPERATION REGARDING THE HEMISPHERIC SUMMIT CONFERENCE ON SUSTAINABLE DEVELOPMENT

The Permanent Council Working Group on OAS Cooperation Regarding the Hemispheric Summit Conference on Sustainable Development was installed on February 7, 1996, with Ambassador Carlos Casap, Permanent Representative of Bolivia, as its Chairman.

At the special session of the Permanent Council on February 12, 1996, Bolivia's Minister of Foreign Affairs and Worship, Dr. Antonio Araníbar Quiroga, presented the document "Towards Sustainable Development in the Americas." Dr. Araníbar Quiroga explained to the Council the great importance to the Government of Bolivia of holding the Hemispheric Summit Conference on Sustainable Development in the city of Santa Cruz de la Sierra, Bolivia, December 7-8, 1996. The Foreign Minister also extended the invitations from Bolivia's President, Dr. Gonzalo Sanchez de Lozada, to the Heads of State and Government of the OAS member countries. At the first session of the Working Group on February 16, Bolivia's Vice Minister of Foreign Affairs and Worship, Dr. Jaime Aparicio, and Ambassador Fernando Romero, national coordinator of the Summit, made a more comprehensive presentation of the document presented by the Foreign Minister. The Working Group set April 26, 1996 as the deadline for presentation of observations and comments on the document "Towards Sustainable Development in the Americas."

The Committee on the Environment initiated consultations with the Permanent Council Working Group on OAS Cooperation Regarding the Hemispheric Summit Conference on Sustainable Development to redefine the Seminar's agenda and identify it as a preparatory event for the Summit.

13. Partnership for Pollution Prevention (item 23)

COMMITTEE OF THE ENVIRONMENT

Based on a report of the Chair of the Committee on the Environment entitled "Meeting of Experts in Matters of Environmentally Sound Technologies for Small and Mid-Size Enterprises," the Permanent Council decided to present to the General Assembly the draft resolution, "Meeting of Government Experts in the Area of Environmentally Sound Technologies" (CP/doc.2719/96), which took note of the report on the Meeting of Experts in the Area of Environmentally Sound Technologies for Small- and Medium-Sized Enterprises and requested that the Inter-American Council for Integral Development take the necessary measures to follow up on and implement those recommendations of the meeting that it deems appropriate.

GENERAL SECRETARIAT - Executive Secretariat of CIDI

On February 2, the General Secretariat presented to the Permanent Council the following documents: "Analytical Study Evaluating and Updating the Inter-American Program of Action for Environmental Protection," in compliance with AG/RES. 1358 (XXV-0/95); "Topics Proposed by the OAS in Connection with the Development of International Environmental Law"; and "The Environment and Sustainable Development." These documents were presented as background for the Special Session of the Committee on the Environment, which was held in Washington, D.C. April 11-12, 1996.

The General Secretariat continues to cooperate with the Government of Bolivia in preparing a draft agenda for the Summit Conference on Sustainable Development. Tasks have been assigned with respect to the agenda topics related to water and forests.

At the request of the organizations and institutions participating in the Intergovernmental Meeting of Experts for Pollution Prevention in San Juan, Puerto Rico in November 1995, the General Secretariat, through its Department of Regional Development and Environment, agreed to convene a task force of international organizations to coordinate their activities and make maximum use of resources to implement the Partnership for Pollution Prevention. The task force's first meeting, held on February 27, 1996, decided that the United States Environmental Protection Agency would draft the "terms of reference for the Summit of the Americas Task Force on Implementation of the Partnership for Pollution Prevention." At its March 15 meeting, the task force analyzed the draft terms of reference and considered the support it would give to preparation of the Summit on Sustainable Development.

The General Secretariat is working with the World Bank to identify country-level focal points to contribute to the analysis of lead phase-out plans.


APPENDIX I

LIST OF REPORTS

CE/GCI-46/96 Report of the Chair of the Working Group on Enhancement of the Administration of Justice in the Americas

CE/GCI-50/96 Report of the Chair of the Working Group on Terrorism

CE/GCI-51/96 Report of the Chair of the Committee on Hemispheric Security

CE/GCI-52/96 Report of the Pan American Health Organization (PAHO)

CE/GCI-53/96 Report of the Inter-American Telecommunication Commission (CITEL)

CE/GCI-54/96 Report of the Inter-American Commission on Human Rights

CE/GCI-55/96 Report of the Inter-American Commission of Women (CIM)

CE/GCI-58/96 Report of the CEPCIES/CEPCIECC Joint Working Group

CE/GCI-59/96 Report of the Inter-American Drug Abuse and Control Commission (CICAD)

CE/GCI-60/96 Report of the Chair of the Working Group on Representative Democracy

CE/GCI-61/96 Report of the Chair of the Committee on the Environment

CE/GCI-62/96 Report of the Unit for the Promotion of Democracy

CE/GCI-63/96 Report of the Inter-American Institute for Global Change Research

CE/GCI-65/96 Report of the Special Committee on Trade

CE/GCI-66/96 Report of the Trade Unit

CE/GCI-70/96 Report of the Inter-American Children's Institute

CE/GCI-71/96 Report of the Inter-American Juridical Committee


APPENDIX II

INTER-AMERICAN CONVENTION AGAINST CORRUPTION

Preamble

THE MEMBER STATES OF THE ORGANIZATION OF AMERICAN STATES,

CONVINCED that corruption undermines the legitimacy of public institutions and strikes at society, moral order and justice, as well as at the comprehensive development of peoples;

CONSIDERING that representative democracy, an essential condition for stability, peace and development of the region, requires, by its nature, the combating of every form of corruption in the performance of public functions, as well as acts of corruption specifically related to such performance;

PERSUADED that fighting corruption strengthens democratic institutions and prevents distortions in the economy, improprieties in public administration and damage to a society's moral fiber;

RECOGNIZING that corruption is often a tool used by organized crime for the accomplishment of its purposes;

CONVINCED of the importance of making people in the countries of the region aware of this problem and its gravity, and of the need to strengthen participation by civil society in preventing and fighting corruption;

RECOGNIZING that, in some cases, corruption has international dimensions, which requires coordinated action by States to fight it effectively;

CONVINCED of the need for prompt adoption of an international instrument to promote and facilitate international cooperation in fighting corruption and, especially, in taking appropriate action against persons who commit acts of corruption in the performance of public functions, or acts specifically related to such performance, as well as appropriate measures with respect to the proceeds of such acts;

DEEPLY CONCERNED by the steadily increasing links between corruption and the proceeds generated by illicit narcotics trafficking which undermine and threaten legitimate commercial and financial activities, and society, at all levels;

BEARING IN MIND the responsibility of States to hold corrupt persons accountable in order to combat corruption and to cooperate with one another for their efforts in this area to be effective; and

DETERMINED to make every effort to prevent, detect, punish and eradicate corruption in the performance of public functions and acts of corruption specifically related to such performance,

HAVE AGREED
to adopt the following
INTER-AMERICAN CONVENTION AGAINST CORRUPTION

Article I

Definitions

For the purposes of this Convention:

"Public function" means any temporary or permanent, paid or honorary activity, performed by a natural person in the name of the State or in the service of the State or its institutions, at any level of its hierarchy.

"Public official", "government official", or "public servant" means any official or employee of the State or its agencies, including those who have been selected, appointed, or elected to perform activities or functions in the name of the State or in the service of the State, at any level of its hierarchy.

"Property" means assets of any kind, whether movable or immovable, tangible or intangible, and any document or legal instrument demonstrating, purporting to demonstrate, or relating to ownership or other rights pertaining to such assets.

Article II

Purposes

The purposes of this Convention are:

1. To promote and strengthen the development by each of the States Parties of the mechanisms needed to prevent, detect, punish and eradicate corruption; and

2. To promote, facilitate and regulate cooperation among the States Parties to ensure the effectiveness of measures and actions to prevent, detect, punish and eradicate corruption in the performance of public functions and acts of corruption specifically related to such performance.

Article III

Preventive Measures

For the purposes set forth in Article II of this Convention, the States Parties agree to consider the applicability of measures within their own institutional systems to create, maintain and strengthen:

1. Standards of conduct for the correct, honorable, and proper fulfillment of public functions. These standards shall be intended to prevent conflicts of interest and mandate the proper conservation and use of resources entrusted to government officials in the performance of their functions. These standards shall also establish measures and systems requiring government officials to report to appropriate authorities acts of corruption in the performance of public functions. Such measures should help preserve the public's confidence in the integrity of public servants and government processes.

2. Mechanisms to enforce these standards of conduct.

3. Instruction to government personnel to ensure proper understanding of their responsibilities and the ethical rules governing their activities.

4. Systems for registering the income, assets and liabilities of persons who perform public functions in certain posts as specified by law and, where appropriate, for making such registrations public.

5. Systems of government hiring and procurement of goods and services that assure the openness, equity and efficiency of such systems.

6. Government revenue collection and control systems that deter corruption.

7. Laws that deny favorable tax treatment for any individual or corporation for expenditures made in violation of the anticorruption laws of the States Parties.

8. Systems for protecting public servants and private citizens who, in good faith, report acts of corruption, including protection of their identities, in accordance with their Constitutions and the basic principles of their domestic legal systems.

9. Oversight bodies with a view to implementing modern mechanisms for preventing, detecting, punishing and eradicating corrupt acts.

10. Deterrents to the bribery of domestic and foreign government officials, such as mechanisms to ensure that publicly held companies and other types of associations maintain books and records which, in reasonable detail, accurately reflect the acquisition and disposition of assets, and have sufficient internal accounting controls to enable their officers to detect corrupt acts.

11. Mechanisms to encourage participation by civil society and nongovernmental organizations in efforts to prevent corruption.

12. The study of further preventive measures that take into account the relationship between equitable compensation and probity in public service.

Article IV

Scope

This Convention is applicable provided that the alleged act of corruption has been committed or has effects in a State Party.

Article V

Jurisdiction

1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense in question is committed in its territory.

2. Each State Party may adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the offense is committed by one of its nationals or by a person who habitually resides in its territory.

3. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged criminal is present in its territory and it does not extradite such person to another country on the ground of the nationality of the alleged criminal.

4. This Convention does not preclude the application of any other rule of criminal jurisdiction established by a State Party under its domestic law.

Article VI

Acts of Corruption

1. This Convention is applicable to the following acts of corruption:

a. The solicitation or acceptance, directly or indirectly, by a government official or a person who performs public functions, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage for himself or for another person or entity, in exchange for any act or omission in the performance of his public functions;

b. The offering or granting, directly or indirectly, to a government official or a person who performs public functions, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage for himself or for another person or entity, in exchange for any act or omission in the performance of his public functions;

c. Any act or omission in the discharge of his duties by a government official or a person who performs public functions for the purpose of illicitly obtaining benefits for himself or for a third party;

d. The fraudulent use or concealment of property derived from any of the acts referred to in this article; and

e. Participation as a principal, coprincipal, instigator, accomplice or accessory after the fact, or in any other manner, in the commission or attempted commission of, or in any collaboration or conspiracy to commit, any of the acts referred to in this article.

2. This Convention shall also be applicable by mutual agreement between or among two or more States Parties with respect to any other act of corruption not described herein.

Article VII

Domestic Law

The States Parties that have not yet done so shall adopt the necessary legislative or other measures to establish as criminal offenses under their domestic law the acts of corruption described in Article VI(1) and to facilitate cooperation among themselves pursuant to this Convention.

Article VIII

Transnational Bribery

Subject to its Constitution and the fundamental principles of its legal system, each State Party shall prohibit and punish the offering or granting, directly or indirectly, by its nationals, persons having their habitual residence in its territory, and businesses domiciled there, to a government official of another State, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage, in connection with any economic or commercial transaction in exchange for any act or omission in the performance of that official's public functions.

Among those States Parties that have established transnational bribery as an offense, such offense shall be considered an act of corruption for the purposes of this Convention.

Any State Party that has not established transnational bribery as an offense shall, insofar as its laws permit, provide assistance and cooperation with respect to this offense as provided in this Convention.

Article IX

Illicit Enrichment

Subject to its Constitution and the fundamental principles of its legal system, each State Party that has not yet done so shall take the necessary measures to establish under its laws as an offense a significant increase in the assets of a government official that he cannot reasonably explain in relation to his lawful earnings during the performance of his functions.

Among those States Parties that have established illicit enrichment as an offense, such offense shall be considered an act of corruption for the purposes of this Convention.

Any State Party that has not established illicit enrichment as an offense shall, insofar as its laws permit, provide assistance and cooperation with respect to this offense as provided in this Convention.

Article X

Notification

When a State Party adopts the legislation referred to in paragraph 1 of articles VIII and IX, it shall notify the Secretary General of the Organization of American States, who shall in turn notify the other States Parties. For the purposes of this Convention, the crimes of transnational bribery and illicit enrichment shall be considered acts of corruption for that State Party thirty days following the date of such notification.

Article XI

Progressive Development

In order to foster the development and harmonization of their domestic legislation and the attainment of the purposes of this Convention, the States Parties view as desirable, and undertake to consider, establishing as offenses under their laws the following acts:

a. The improper use by a government official or a person who performs public functions, for his own benefit or that of a third party, of any kind of classified or confidential information which that official or person who performs public functions has obtained because of, or in the performance of, his functions;

b. The improper use by a government official or a person who performs public functions, for his own benefit or that of a third party, of any kind of property belonging to the State or to any firm or institution in which the State has a proprietary interest, to which that official or person who performs public functions has access because of, or in the performance of, his functions;

c. Any act or omission by any person who, personally or through a third party, or acting as an intermediary, seeks to obtain a decision from a public authority whereby he illicitly obtains for himself or for another person any benefit or gain, whether or not such act or omission harms State property; and

d. The diversion by a government official, for purposes unrelated to those for which they were intended, for his own benefit or that of a third party, of any movable or immovable property, monies or securities belonging to the State, to an independent agency, or to an individual, that such official has received by virtue of his position for purposes of administration, custody or for other reasons.

2. Among those States Parties that have established these offenses, such offenses shall be considered acts of corruption for the purposes of this Convention.

3. Any State Party that has not established these offenses shall, insofar as its laws permit, provide assistance and cooperation with respect to these offenses as provided in this Convention.

Article XII

Effect on State Property

For application of this Convention, it shall not be necessary that the acts of corruption harm State property.

Article XIII

Extradition

1. This article shall apply to the offenses established by the States Parties in accordance with this Convention.

2. Each of the offenses to which this article applies shall be deemed to be included as an extraditable offense in any extradition treaty existing between or among the States Parties. The States Parties undertake to include such offenses as extraditable offenses in every extradition treaty to be concluded between or among them.

3. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any offense to which this article applies.

4. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offenses to which this article applies as extraditable offenses between themselves.

5. Extradition shall be subject to the conditions provided for by the law of the Requested State or by applicable extradition treaties, including the grounds on which the Requested State may refuse extradition.

6. If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person sought, or because the Requested State deems that it has jurisdiction over the offense, the Requested State shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the Requesting State, and shall report the final outcome to the Requesting State in due course.

7. Subject to the provisions of its domestic law and its extradition treaties, the Requested State may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the Requesting State, take into custody a person whose extradition is sought and who is present in its territory, or take other appropriate measures to ensure his presence at extradition proceedings.

Article XIV

Assistance and Cooperation

1. In accordance with their domestic laws and applicable treaties, the States Parties shall afford one another the widest measure of mutual assistance by processing requests from authorities that, in conformity with their domestic laws, have the power to investigate or prosecute the acts of corruption described in this Convention, to obtain evidence and take other necessary action to facilitate legal proceedings and measures regarding the investigation or prosecution of acts of corruption.

2. The States Parties shall also provide each other with the widest measure of mutual technical cooperation on the most effective ways and means of preventing, detecting, investigating and punishing acts of corruption. To that end, they shall foster exchanges of experiences by way of agreements and meetings between competent bodies and institutions, and shall pay special attention to methods and procedures of citizen participation in the fight against corruption.

Article XV

Measures Regarding Property

1. In accordance with their applicable domestic laws and relevant treaties or other agreements that may be in force between or among them, the States Parties shall provide each other the broadest possible measure of assistance in the identification, tracing, freezing, seizure and forfeiture of property or proceeds obtained, derived from or used in the commission of offenses established in accordance with this Convention.

2. A State Party that enforces its own or another State Party's forfeiture judgment against property or proceeds described in paragraph 1 of this article shall dispose of the property or proceeds in accordance with its laws. To the extent permitted by a State Party's laws and upon such terms as it deems appropriate, it may transfer all or part of such property or proceeds to another State Party that assisted in the underlying investigation or proceedings.

Article XVI

Bank Secrecy

1. The Requested State shall not invoke bank secrecy as a basis for refusal to provide the assistance sought by the Requesting State. The Requested State shall apply this article in accordance with its domestic law, its procedural provisions, or bilateral or multilateral agreements with the Requesting State.

2. The Requesting State shall be obligated not to use any information received that is protected by bank secrecy for any purpose other than the proceeding for which that information was requested, unless authorized by the Requested State.

ARTICLE XVII

Nature of the Act

For the purposes of articles XIII, XIV, XV and XVI of this Convention, the fact that the property obtained or derived from an act of corruption was intended for political purposes, or that it is alleged that an act of corruption was committed for political motives or purposes, shall not suffice in and of itself to qualify the act as a political offense or as a common offense related to a political offense.

Article XVIII

Central Authorities

1. For the purposes of international assistance and cooperation provided under this Convention, each State Party may designate a central authority or may rely upon such central authorities as are provided for in any relevant treaties or other agreements.

2. The central authorities shall be responsible for making and receiving the requests for assistance and cooperation referred to in this Convention.

3. The central authorities shall communicate with each other directly for the purposes of this Convention.

Article XIX

Temporal Application

Subject to the constitutional principles and the domestic laws of each State and existing treaties between the States Parties, the fact that the alleged act of corruption was committed before this Convention entered into force shall not preclude procedural cooperation in criminal matters between the States Parties. This provision shall in no case affect the principle of non-retroactivity in criminal law, nor shall application of this provision interrupt existing statutes of limitations relating to crimes committed prior to the date of the entry into force of this Convention.

Article XX

Other Agreements or Practices

No provision of this Convention shall be construed as preventing the States Parties from engaging in mutual cooperation within the framework of other international agreements, bilateral or multilateral, currently in force or concluded in the future, or pursuant to any other applicable arrangement or practice.

Article XXI

Signature

This Convention is open for signature by the Member States of the Organization of American States.

Article XXII

Ratification

This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Article XXIII

Accession

This Convention shall remain open for accession by any other State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

Article XXIV

Reservations

The States Parties may, at the time of adoption, signature, ratification, or accession, make reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of the Convention.

Article XXV

Entry Into Force

This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article XXVI

Denunciation

This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. One year from the date of deposit of the instrument of denunciation, the Convention shall cease to be in force for the denouncing State, but shall remain in force for the other States Parties.

Article XXVII

Additional Protocols

Any State Party may submit for the consideration of other States Parties meeting at a General Assembly of the Organization of American States draft additional protocols to this Convention to contribute to the attainment of the purposes set forth in Article II thereof.

Each additional protocol shall establish the terms for its entry into force and shall apply only to those States that become Parties to it.

Article XXVIII

Deposit of Original Instrument

The original instrument of this Convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify its Member States and the States that have acceded to the Convention of signatures, of the deposit of instruments of ratification, accession, or denunciation, and of reservations, if any.


APPENDIX III 
INTER-AMERICAN SPECIALIZED CONFERENCE ON TERRORISM

OEA/Ser.K/XXXIII.1  CEITE/doc.7/96 rev. 5
26 April 1996
Lima, Peru
Original: Spanish 

DECLARATION OF LIMA TO PREVENT,COMBAT, AND ELIMINATE TERRORISM
(Adopted at the second plenary session, held on April 26, 1996)

The ministers and the heads of delegation of the member states of the Organization of American States (OAS), meeting in Lima, Peru, from April 23 to 26, 1996, for the Inter-American Specialized Conference on Terrorism,

TAKING AS A BASIS the principles and purposes enshrined in the Charter of the Organization of American States;

RECALLING that the Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes against Persons and Related Extortion That Are of International Significance, signed in Washington, D.C., in 1971; resolutions AG/RES. 4 (I-E/70), AG/RES. 775 (XV-O/85), AG/RES. 1112 (XXI-O/91), and AG/RES. 1213 (XXIII-O/93); and the Declarations of Asunción (1990) and Belém do Pará (1994) attest to an evolution in the treatment by the Organization of American States of the serious and disturbing phenomenon of terrorism;

CONSIDERING that, in the Declaration of Principles of the Summit of the Americas (Miami, December 1994), the heads of state and government said: "We condemn terrorism in all its forms, and we will, using all legal means, combat terrorist acts anywhere in the Americas with unity and vigor," and that, in the Plan of Action under the section entitled "Eliminating the Threat of National and International Terrorism" (item 7), they affirmed that this scourge constitutes "a systematic and deliberate violation of the rights of individuals and an assault on democracy itself" and decided that "a special conference of the OAS on the prevention of terrorism" should be held;

BEARING IN MIND that the ministers of foreign affairs of the Hemisphere noted in the Declaration of Montrouis: A New Vision of the OAS, adopted by the OAS General Assembly at its twenty-fifth regular session (June 1995), that "terrorism is a serious criminal phenomenon of deep concern to all member states, and that it has devastating effects on civilized coexistence, democratic institutions, and the lives, safety, and property of human beings," and that at that session the General Assembly convened an Inter-American Specialized Conference on Terrorism [AG/RES. 1350 (XXV-O/95)];

RECALLING the Declaration of Quito, signed at the IX Meeting of the Rio Group (September 1995), in which the heads of state and government said: "We reiterate our condemnation of terrorism in all its forms as well as our determination to make vigorous, united efforts to combat this scourge by all available legal means, since it violates basic human rights";

RECALLING also the Framework Treaty on Democratic Security in Central America (December 1995), signed by Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, in which the parties undertake to prevent and combat, without exception, all types of criminal activity with a regional or international impact, such as terrorism;

TAKING NOTE of the Final Declaration of the States Participating in the Meeting of Consultation on Cooperation to Prevent and Eliminate International Terrorism, adopted in Buenos Aires (August 1995) by Argentina, Brazil, Canada, Chile, Paraguay, the United States, and Uruguay, which, inter alia, reiterated that "the cooperation that exists between our governments must be enhanced," in the context of which an agreement was signed in March 1996 among Argentina, Brazil, and Paraguay to implement effective measures in response to the criminal phenomenon of terrorism;

TAKING INTO ACCOUNT the recent work of the United Nations and noting the documents issued by the Ottawa P-8 Ministerial Conference on Terrorism (December 1995) and the International Conference on Counterterrorism, held in Baguio (February 1996);

MINDFUL that terrorist acts are an assault on the rule of law and democratic institutions and are often intended to destabilize democratically elected constitutional governments;

CONCERNED by the detrimental effects terrorism can have on efforts to attain the common objective of regional integration and to promote economic and social development in the countries of the Hemisphere;

RECOGNIZING that terrorist acts, by whomever and wherever perpetrated and whatever their forms, methods, or motives, are serious common crimes or felonies;

DEEPLY ALARMED at the persistence of this scourge and at its occasional links to the illicit production and use of drugs and trafficking therein, to trafficking in chemical precursors, and to money laundering, as well as its possible ties to other criminal activities;

RECOGNIZING the importance to the fight against terrorism of eliminating the illicit production and use of arms, munitions, and explosive materials and trafficking therein; and

CONVINCED that existing regional cooperation must be intensified and that concerted and effective measures must be adopted urgently in response to the threat of terrorism,

DECLARE:

1. That observance of international law, full respect for human rights and fundamental freedoms, respect for the sovereignty of states, the principle of nonintervention, and strict observance of the rights and duties of states embodied in the Charter of the OAS constitute the global framework for preventing, combating, and eliminating terrorism.

2. That terrorist violence erodes peaceful and civilized coexistence, affects the rule of law and the exercise of democracy, and endangers the stability of national institutions and the socioeconomic development of our countries.

3. That terrorism, as a serious form of organized and systematic violence, which is intended to generate chaos and fear among the population, results in death and destruction and is a reprehensible criminal activity.

4. Their most emphatic condemnation of all terrorist acts, wherever and by whomever perpetrated, and all methods used to commit them, regardless of the motivation invoked to justify the acts.

5. That terrorist acts are serious common crimes or felonies and, as such, should be tried by national courts in accordance with domestic law and the guarantees provided by the rule of law.

6. Their resolve to cooperate fully on matters of extradition, in conformity with their domestic law and treaties in force on the subject, without prejudice to the right of states to grant asylum when appropriate.

7. That terrorism, as noted by the heads of state and government at the Summit of the Americas, is a violation of the fundamental rights and freedoms of individuals and an assault on democracy itself.

8. Their decision to study, on the basis of an evaluation of existing international instruments, the need for and advisability of concluding a new inter-American convention on terrorism.

9. That it is important for OAS member states to ratify or accede to international instruments on terrorism as soon as possible and, when necessary, to implement them through their domestic laws.

10. Their decision to increase cooperation among member states in combating terrorist acts, while fully observing the rule of law and international norms, especially with regard to human rights.

11. That it is essential to adopt all bilateral and regional cooperation measures necessary to prevent, combat, and eliminate, by all legal means, terrorist acts in the Hemisphere, with full respect for the jurisdiction of member states and for international treaties and conventions.


APPENDIX IV

DRAFT RESOLUTION
SUPPORT TO THE SUMMIT OF THE AMERICAS INITIATIVES

 

THE GENERAL ASSEMBLY,

HAVING SEEN the Report of the Permanent Council to the Ministers of Foreign Affairs in compliance with resolution AG/RES. 1349 (XXV-O/95) (AG/doc. /96);

CONSIDERING:

That in resolution AG/RES. 1349(XXV-O/95) "Inter-American Summits Management," the General Assembly set up a Special Committee of the Permanent Council on Inter-American Summits Management to ensure effective, timely and appropriate follow-up to the activities assigned to the Organization by the Summit of the Americas;

That the General Assembly instructed this Special Committee to request and receive reports on a regular basis from any organ, agency or entity of the OAS, and to comment on these reports and provide specific guidance, direction and tasking to these bodies in accordance with its mandate;

That the General Assembly also instructed the Permanent Council to inform other regional and subregional governmental entities and institutions that are called upon to assist in implementing the initiatives of the Plan of Action of the Organization's interest in receiving information on their activities and to request that they provide the Permanent Council with this information on a regular basis;

That the Special Committee on Inter-American Summits Management was instructed to report in writing through the Permanent Council to the foreign ministers in December of each year and at each regular session of the General Assembly, on the progress made in implementing this resolution; and

BEARING IN MIND that as provided in Article 12 of the Rules of Procedure of the Permanent Council, special committees are temporary,

RESOLVES:

1. To thank the Permanent Council for the report of its Special Committee on Inter-American Summits Management, and to express its satisfaction with the important work done by the Special Committee on Inter-American Summits Management in the implementation of resolution AG/RES. 1349(XXV-O/95).

2. To note with satisfaction that the organs, agencies and entities of the Organization gave special attention to the implementation of the initiatives of the Summit Plan of Action.

3. To reaffirm the mandate of the Special Committee on Inter-American Summits Management as prescribed in resolution AG/RES. 1349(XXV-O/95, and to instruct the Special Committee to report in writing only once in each year to the foreign ministers at the General Assembly at its regular session on the progress made in implementing this resolution.

4. To instruct the Secretary General to continue to support the Special Committee on Inter-American Summits Management in the implementation of this resolution.


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