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Justice, Rule of Law and
Security of the Individual
The Quebec City Summit of the Americas addressed the multidimensional section of Justice, Rule of Law and Security of the Individual by dividing it into six parts: Access to Justice; Independence of the Judiciary; Hemispheric Meetings of Ministers of Justice; Combating the Drug Problem; Transnational Organized Crime; and Prevention of Violence
 
 





Mar del Plata, Argentina, 2005
IV Summit of the Americas

 


The theme of the Fourth Summit of the Americas, “Creating Jobs to Fight Poverty and Strengthen Democratic Governance”, reiterates the need for justice to ensure decent work and strong democratic states. The Declaration of Mar del Plata calls for the design of a legal framework that upholds the rule of law, transparency and access to justice and that reinforces impartiality and the independence of judicial institutions for the creation of decent work. The leaders of the Americas agreed that this legal framework should prevent and combat impunity and international crime in the Hemisphere. The Heads of State and Government reiterate the importance of having respect for the rule of law as a key element to the success of strengthening democratic governance. The leaders expressed due concern for the threats posed to stability, democratization and sustainable development programs to confront the criminal gang problem in the Americas. They recognized the urgent need for collaborative action in the areas of crime prevention, criminal prosecution, and the rehabilitation, training and eventual reinsertion of offenders into society.

The Plan of Action set forth by the Fourth Summit of the Americas addresses the immediate need for regional cooperation and the mobilization of resources to fight the production, trafficking and consumption of illicit drugs in the Americas. Countries are requested to cooperate with the Inter-American Drug Abuse Control Commission (CICAD) of the OAS to develop, implement and evaluate a variety of substance abuse prevention programs targeting children and adolescents. The Plan of Action also recognizes the need for continued research into alternative crop production for countries that rely heavily on the cultivation of illicit drugs.

In accordance with the framework of the Meetings of Ministers of Justice or of Ministers or Attorney Generals of the Americas (REMJA), a strategic plan should be implemented for the Justice Studies Center of the Americas (JSCA), the Hemispheric Information Exchange Network for Mutual Legal Assistance in Criminal Matters and Extradition should be consolidated, and the institutional development of the General Secretariat of the OAS should be strengthened in regard to legal issues.

 

 



Monterrey, Mexico, 2004
Special Summit of the Americas



At the Special Summit of the Americas held in Monterrey, Mexico, the leaders of the Americas agreed that access to information, held by the State, is an indispensable condition for citizen participation and promotes effective respect for human rights. Also, the Heads of State and Government recognized the modernization of the State as an important element for strengthening democratic and good governance. They also agreed to promote the use of new information and communication technologies in public administration and to adopt strategies for the development of electronic government. Also, they adopted compromises to strengthen the Follow Up Mechanism of the Implementation of the Inter-American Convention Against Corruption, and they committed to deny safe haven to corrupt officials, to increase to increase transparency in the international organizations and in electoral party finances, among others. They also reiterated that terrorism, as well as the proliferation of weapons of mass destruction, constitute grave threats to international security. Leaders also committed to fighting all forms of transnational crime, including illicit trafficking in drugs, arms, and persons.

At the Special Summit of the Americas held in Monterrey, Mexico, the Heads of State and Government committed to fighting all forms of transnational crime, including illicit trafficking in drugs, arms, and persons, particularly when they generate funds used in support of terrorist organizations, and to adhere to global anti-money laundering and anti-terrorist financing standards.

 

 



Quebec City, Canada, 2001
Third Summit of the Americas


At the Quebec City Summit of the Americas, the importance of justice in the Americas was further emphasized.  In a section devoted to Access to Justice, hemispheric leaders commit to working towards the facilitation of the development of formal and alternative programs to protect citizens’ rights and ensure prompt, equal and universal use of judicial systems.  A second section, on the Independence of the Judiciary, promotes seeking measures to ensure transparent judicial selection, secure tenure on the bench and appropriate standards of conduct and systems of accountability.  Finally, the Heads of State and Government agree to foster extensive information sharing at all levels of judicial authorities, in order to meet international human rights standards, to reduce the number of pre-trial detainees, to institute alternative forms of sentencing for minor crimes and to improve prison conditions throughout the Hemisphere.  They also reiterate their support for regular meetings of the Ministers of Justice and Attorneys General of the Americas and reaffirm the importance of the Justice Studies Center of the Americas as a mechanism for strengthening the judicial branch of governments for the betterment of all populations of the region.

At the Quebec City Summit of the Americas, Heads of State and Government commended CICAD for developing an evaluation mechanism and recognized the work done in completing the first round of this historic Multilateral Evaluation Mechanism (MEM).  At the same time, governments reaffirmed their commitment to the Hemispheric Anti-Drug Strategy.  These leaders also recommended increased cooperation between multilateral development institutions and CICAD, in order to bring new resources to bear in the fight against drugs.  They also sought to develop modern, comprehensive and cooperative strategies to address the social, human and economic costs of the drug problem in the Americas.

 

 



Santiago, Chile, 1998
Second Summit of the Americas



The Second Summit of the Americas, in Santiago, reiterated the need to strengthen the justice systems and judiciaries.  It promoted, among other things, the independence of the judiciary, an increase in the access to justice, the exchange of information on judicial issues, the fight against organized crime and prevention of delinquency.  Governments also supported and encouraged further work of the Ministers of Justice and Attorneys General, who subsequently have met three times between 1998 and 2002.  After this Summit, the Justice Studies Center was also founded to promote the ideals of judicial reform planted in the Santiago Plan of Action. 


At the Second Summit of the Americas, in Santiago, Heads of State and Government reiterated their commitment to develop national and multilateral efforts in order to achieve full application of the Hemispheric Anti-Drug Strategy.  At the same time, they charged CICAD with its development of a singular and objective multilateral evaluation mechanism to strengthen mutual confidence and encourage hemispheric cooperation in the fight against drugs.  They also recognized the valuable contribution of civil society in eradicating the drug problem and encouraged international financial institutions to redouble their efforts in the areas of money laundering.  
 

 



Miami, Florida, USA, 1994 
First Summit of the Americas


At the Miami Summit of the Americas, the administration of and universal access to justice were highlighted as a part of the promotion of human rights and democracy.  In Miami, the Unit for the Promotion of Democracy (UPD) was strengthened in order to better assist in legislative and judicial practices, government reforms (including the administration of justice) and other such changes. 

At the Miami Summit of the Americas, governments agreed to ratify the 1988 UN Convention against Illicit Traffic of Narcotics and Psychotropic Substances and adopt the Model Regulations of the Inter-American Commission on Drug Abuse Control (CICAD).  At the same time, they committed to fight against the consumption and cultivation of illegal drugs and to work on the control of chemical products related to illegal drug manufacturing. During this Summit, firearms control was also discussed and the creation of an Inter-American convention for money laundering was considered. 
 

 

Fourth Summit of the Americas, Mar del Plata, Argentina 2005


Plan of Action
on
Justice, Rule of Law and
Security of the Individual
IV Summit

 

Mar del Plata Plan of Action
  .

Combating the Drug Problem

 


III. SOCIAL DEVELOPMENT:

B. HEMISPHERIC COOPERATION

53. To continue to strengthen regional cooperation and the mobilization of resources to advance in the fight against the production, trafficking and consumption of illicit drugs and psychotropic substances, calling upon the countries of the hemisphere, in cooperation with the Inter-American Drug Abuse Control Commission (CICAD), to: develop, implement, and evaluate substance abuse prevention programs, in particular for children and young people, such as “Life Skills”, among others; expand the “Program to Estimate the Human, Social, and Economic Cost of Drugs in the Americas”; and promote support for the integral and sustainable development strategies carried out by the countries affected by cultivation and production of illicit drugs


  .

Hemispheric Meetings of Ministers of Justice

 


IV. STRENGTHEN DEMOCRATIC GOVERNANCE:

B. HEMISPHERIC COOPERATION

65. To consolidate the Hemispheric Information Exchange Network for Mutual Legal Assistance in Criminal Matters and Extradition, support the actions for the implementation of a strategic plan for the Justice Studies Center of the Americas (JSCA), and strengthen the institutional development of the General Secretariat of the OAS in these issues, in accordance with the framework of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA)


 

Declaration of Mar del Plata

 
  .

Access to Justice

 


Framework for Creating Decent Work

55. We are committed to building a more solid and inclusive institutional framework, based on the coordination of economic, labor, and social public policies to contribute to the generation of decent work, which must comprise:

d)         A legal framework that upholds the rule of law, transparency, and access to justice; reinforces impartiality and independence of judicial institutions; prevents and combats impunity and corruption in both the public and the private spheres; and fights international crime;


Strengthening Democratic Governance

64. We reaffirm that democratic governance based on respect for the rule of law and which is stable, transparent, effective, inclusive, and accountable, contributes to creating the enabling environment to attract investment, build economic prosperity, foster the creation of decent work, and achieve social justice.


  .

Transnational Organized Crime

 


Strengthening Democratic Governance

70. We emphasize our concern for the criminal gang problem and its related aspects, as well as its effect on the economic and social environments that challenge the progress made by our societies in the stability, democratization, and sustainable development process: a situation that requires additional urgent action to promote the prevention of criminal acts, prosecute those who commit them, rehabilitate and reinsert them, and create opportunities to facilitate access by youth to decent work.


       

Mar del Plata Plan of Action (complete version): English | Español | Português | Français
Declaration of Mar del Plata (complete version): English | Español | Português  | Français

Third Summit of the Americas, Quebec City, Canada 2001


Plan of Action
on
Justice, Rule of Law and
Security of the Individual
III  Summit

 

  .

Access to Justice

 


Support public and private initiatives and programs to educate people about their rights relating to access to justice, and promote measures that ensure prompt, equal and universal access to justice;

Promote cooperation to exchange experiences in alternative dispute resolution mechanisms to expedite the administration of justice, including among indigenous peoples, for which they may request the support as appropriate of the OAS, the IDB and other entities;


  .

Independence of the Judiciary

 


Encourage measures to strengthen the independence of the judiciary, including transparent judicial selection, secure tenure on the bench, appropriate standards of conduct and systems of accountability;


  .

Hemispheric Meetings of Ministers of Justice

 


Continue to support the work done in the context of the Meetings of Ministers of Justice and Attorneys General of the Americas, whose Fourth Meeting will take place in Trinidad and Tobago, as well as subsequent meetings, and the implementation of their conclusions and recommendations;

Develop a funding plan for the Justice Studies Center for the Americas that takes into account the interests and resources of both governments and other likely donors, and that will enable the Center to contribute not only to the modernization and formulation of public policy in this area, but also to the institutional development of judicial systems in the region;

Develop an exchange of best practices and recommendations, through the Meetings of Ministers of Justice and other appropriate mechanisms, seeking the technical and financial support of other multilateral organizations and MDBs where appropriate, that are consistent with international human rights standards, to reduce the number of pre-trial detainees, institute alternative forms of sentencing for minor crimes and improve prison conditions throughout the Hemisphere;

Establish, in the OAS, an Internet-based network of information among competent legal authorities on extradition and mutual legal assistance to facilitate direct communications among them on a regular basis and to identify common problems in handling specific cases and issues that merit collective attention and resolution;


  .

Combating the Drug Problem

 


Recognizing the extreme nature of the drug problem in the region, renewing their unwavering commitment to fight it in all its manifestations from an integral perspective, in accordance with the principle of shared responsibility, through the coordination of national efforts and in a spirit of cooperation and mutual respect as established in the Hemispheric Anti-Drug Strategy, and also recognizing the work accomplished by the Inter-American Drug Abuse Control Commission (CICAD) and the Governmental Experts Group appointed to undertake the first round of the Multilateral Evaluation Mechanism (MEM):

  • Note with satisfaction the creation and implementation of the MEM, and reiterate their commitment to make this instrument, unique in the world, a central pillar of assistance toward effective hemispheric cooperation in the struggle against all the component elements of the global drug problem;

  • Implement the proposals and recommendations found in the national and hemispheric reports, approved by CICAD, in accordance with the specific situation of each country;

  • Continue strengthening and reviewing the MEM to monitor national and hemispheric efforts against drugs, and recommend concrete actions to encourage inter-American cooperation and national strategies to combat this scourge;

    Recommend:

    - Intensifying joint IDB-CICAD efforts in order to obtain financial resources from the international donor community, through consultative groups supporting anti-drug efforts, for alternative development, as well as demand reduction programs;

    - Establishing units with financial intelligence functions in countries that have not yet done so, with the support of CICAD and international agencies specialized in this area, and for which, in this context, it is recommended that CICAD and IDB training efforts be expanded;

    - Developing, within the framework of CICAD, a long-term strategy that includes a three-year program to establish a basic and homogeneous mechanism to estimate the social, human and economic costs of the drug problem in the Americas, and to support countries through the necessary technical assistance;

  • Promote bilateral and multilateral cooperation and information exchange on policies and actions concerning drug prevention, treatment, rehabilitation and supply control, and develop educational campaigns to promote public awareness of the risk of drug consumption;

  • Support measures to impede organized crime, money-laundering, the diversion of chemical precursors, the financing of armed groups, and other illicit activities resulting from drug and arms trafficking;

  • Promote bilateral and multilateral cooperation in order to consider in an integral manner the displacement phenomenon of different factors related to the drug problem, including the displacement of persons and illicit crops;


  .

Transnational Organized Crime

 


Encourage all countries in the Hemisphere to consider signing and ratifying, ratifying, or acceding to, as soon as possible and as the case may be, the UN Convention Against Transnational Organized Crime, its Protocol Against the Smuggling of Migrants by Land, Sea and Air and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, as well as the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components, and Ammunition, once that protocol is open for signature;

Implement collective strategies, including those that emerge from the Meetings of Ministers of Justice of the Americas, to enhance the institutional ability of states to exchange information and evidence by concluding international agreements on mutual legal assistance where necessary, develop and circulate national reports, and strengthen cooperation, seeking the technical and financial support of multilateral organizations and MDBs where appropriate, in order to jointly combat emerging forms of transnational criminal activity, including trafficking in persons and the laundering of the proceeds and assets of crime and cyber-crime;

Review national laws and policies to improve cooperation in areas such as mutual legal assistance, extradition and deportation to countries of origin, acknowledging the serious concerns of countries that deport certain foreign nationals for committing crimes in those countries and the serious concerns of the receiving countries about the negative effect of these deportations on the incidence of criminality in the countries of origin, and express the desire to work together, as appropriate, to address the negative effects on our societies.

Promote, where necessary, and in accordance with national legislation, the adoption of investigation techniques, contained in the United Nations Convention Against Transnational Organized Crime, which are very important tools in the fight against organized crime;
 


Prevention of Violence
   


Recognizing that violence and crime are serious obstacles to social harmony and the democratic and socio-economic development of the Hemisphere, and as well noting the urgent need for an integral approach toward the prevention of violence:

  • Encourage national institutions to work together and coordinate with all appropriate multilateral organizations and MDBs in order to implement integrated programs that include initiatives for conflict resolution, where appropriate, for sustained prevention, permanent attention, public education and treatment relevant to cases of violence against persons, families and communities, strengthening national institutional capacities in these areas;

  • Consider developing cooperation with the media and entertainment industry with a view to avoiding the promotion and dissemination of a culture of violence, thus contributing to a culture of peace;

  • Encourage greater use of community-based policing, to develop increased dialogue and interaction of law enforcement authorities with civil society and local communities;

  • Promote cooperation to modernize criminal law, using information and communications technologies as appropriate, with a focus on human rights training and prevention of acts of violence, particularly violence perpetrated by law enforcement officials, in order to reduce violence against civilians and foster values necessary in our societies to retain social harmony;

  • Promote the exchange of national experiences and best practices on the use of police profiling with a view to preventing biased detentions, which tend to affect mostly minorities and the poor;

  • Expand opportunities to share experiences, techniques and best practices among government and civil society agencies involved in combating psychological, sexual or physical violence in the domestic setting and on the job, recognizing that such violence is overwhelmingly directed against women and children;

  • Seek to adopt necessary measures to prevent, impede and punish violence, the segregation and exploitation of women, minors, the elderly, persons with disabilities and other vulnerable groups, and seek to ensure that national legislation addresses acts of violence against them and that these laws are enforced, recognizing that where victims of violence require legal assistance to obtain redress, every effort should be made to guarantee that they receive such assistance;

  • Request multilateral and other organizations that participate in the Inter-American Coalition for the Prevention of Violence to intensify their support and technical assistance to those countries that so request, in the elaboration of national strategies and actions regarding this topic;

  • Promote concrete measures to prevent hostile actions against minorities in the Hemisphere, as well as the violent activities of local, regional and international movements that support and foster racist ideologies and terrorist practices to reach their goals;

  • Increase regional cooperation with a view to preventing the criminal use of firearms and ammunition, and examine additional measures and laws at the national level if required;

  • Implement, as soon as possible, the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials, and apply the CICAD Model Regulations, as appropriate;

 
       

Quebec Plan of Action (complete version):  English | Spanish | French | Portuguese