Organization of American States Summits of the Americas
     
Follow-up and Implementation: Mandates
  

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DEMOCRACY: Transparency
MANDATES

  1. Foster the use of the internet in a responsible manner, while upholding freedom of expression, stability, security, and functionality, as well as the transparent and multi-stakeholder governance of the internet, provided that its use does not violate or impair human rights and fundamental freedoms, and it is otherwise in accordance with domestic legislation. (Regional Agenda for Digital Transformation, IX Summit of the Americas, Los Angeles, 2022).

  1. Promote transparency and accountability in the management, publication, and use of open data and digital technologies, including the responsible and ethical development and use of artificial intelligence systems and other transformative technologies, while protecting individual privacy and personal data and promoting equity and respect for human rights and inclusive growth; and foster transparency and accountable use of algorithms that enable their auditing and technical evaluation, in a manner consistent with domestic legislation and international law. (Regional Agenda for Digital Transformation, IX Summit of the Americas, Los Angeles, 2022).

  1. Foster coordinated and transparent practices in the digital issuance of government permits by, inter alia, using digital one-stop shops as a measure to prevent corruption, promote competitiveness, and expedite the corresponding permits. (Regional Agenda for Digital Transformation, IX Summit of the Americas, Los Angeles, 2022).

  1. Strengthen regional cooperation in support of the Inter-American Democratic Charter, including through the following measures, among others:

    • b. Develop, strengthen and/or consolidate, in accordance with national legislation, the role of the Office of Ombudsperson (Public Defender, Citizen’s Advocate or Human Rights Prosecutor or Commissioner) and/or other relevant national authorities with a view to strengthening democratic governance and respect for and promotion of human rights in the countries of the region;

    • c. Recognize the provisions adopted by States Parties to the Escazú Agreement and invite the countries of the region to join efforts to act in keeping with it, as appropriate. (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Support free and fair elections with full respect for state sovereignty, through the following measures, in accordance with domestic law:

    • b. Recognize the importance of the independent, impartial, and autonomous character of electoral bodies that certify election results;

    • c. Implement measures to protect and strengthen the integrity of the electoral process and promote its accountability to the citizenry, transparency, and impartiality in domestic electoral institutions and oversight mechanisms, as well as transparency in the funding of political parties, electoral campaigns and candidatures for public office;

    • d. Promote the rights of citizens to choose their leaders in free and fair elections, which are periodic, based on universal suffrage and the secret ballot, and carried out in a transparent manner, by implementing measures to facilitate the ability of all political parties, including those in opposition, to stand for election, promoting the full and equal participation of women, and removing, where applicable, barriers to women running for political office;

    • g. Recognize the importance of electoral observation missions, carried out in keeping with the principles of objectivity, impartiality, transparency, independence, respect for sovereignty, and with access to information respecting the procedures established in the rules of the inter-American system, including the InterAmerican Democratic Charter, and without undermining the independence of missions, with States ensuring the conditions of security for electoral observers so they may carry out their duties independently and safely; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Protect press freedom and the full exercise of civil rights, including freedom of association, freedom of peaceful assembly, and freedom of expression, and promote the free exchange of ideas, information, and thought as fundamental principles of representative and participatory democracies, in keeping with international human rights treaties, promoting the establishment, in all areas of government, of mechanisms that promote transparency and access to public information. (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Take concrete actions, with the participation and collaboration of civil society, to improve the promotion and protection of human rights defenders, including those working on environmental matters, to include:

    • b. Public and inclusive participation and access to judicial and administrative procedures and to information on public policies; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Deepen the relationship between inclusive, democratic governance and sustainable development by:

    • a. Intensifying hemispheric cooperation to support implementation of the 2030 Agenda and achievement of the Sustainable Development Goals; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Continue meeting the commitments undertaken at the Eighth Summit of the Americas, in particular the Lima Commitment on Democratic Governance Against Corruption, while reaffirming our commitment to treaties such as the UN Convention against Corruption, the UN Convention against Transnational Organized Crime, and the InterAmerican Convention Against Corruption, and taking the following actions:

    • c. Promote the use of open data to increase transparency, integrity, accountability, and citizen participation to prevent and fight corruption, particularly through the implementation of the Inter-American Open Data Program developed and approved in the framework of the Organization of American States;

    • d. Implement key government policies, platforms, and tools for open, transparent, and accessible public procurement processes, in line with globally recognized practices, such as the OECD Recommendations on Public Procurement, and explicitly address anti-corruption in relevant public contracts, as appropriate;

    • g. Identify, develop, and maintain statistics, including disaggregated statistics on gender and other relevant variables to evaluate the effectiveness and impact of transparency and access to information policies and provide for public access to these statistics for independent evaluation;

    • j. Strengthen transparency and accountability mechanisms or processes regarding access to information related to the environment, in accordance with national legislation;

    • k. Strengthen, as appropriate and according to domestic legislation, the entities responsible for preventing and combating corruption, as well as the normative frameworks and mechanisms that relate to access to public information, facilitating access and implementing policies on open data;

    • l. Strengthen and promote the use of digital systems to ensure and improve transparency, dissemination, public accountability, and the fight against corruption; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Continue implementing recommendations received through the Follow-Up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC); reporting annually to MESICIC on progress made addressing these recommendations; and fostering the participation of civil society, the private sector, and social actors in the prevention of and fight against corruption, including initiatives that encourage public consultations, education and awareness, promote citizen participation in decision-making processes, and enable civil society to engage in monitoring and oversight, as appropriate and according to domestic legislation. (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Integrate commitments emanating from the Summit of the Americas and from other relevant forums relating to the promotion of transparency and combating corruption into Open Government Partnership National Action Plans, as applicable, including: actions to strengthen fiscal transparency and prevent financial crimes, and strengthen openness of public information and data in open formats from the design stage. (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Seek into integrate in National Action Plans of the Open Government Partnership commitments by the legislative and judicial branches, constitutional bodies, and subnational governments, where appropriate, and in accordance with domestic legislation. (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Strengthen the public procurement and acquisition policies at the national, regional, and international levels, to include:

    • b. Implementing, using open data, methodologies and technological resources to identify and mitigate risks of corruption; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Foster multi-stakeholder forums for dialogue among the public sector, the private sector, and civil society, including women’s and youth organizations and social actors, to strengthen democratic practices, respect for human rights and fundamental freedoms, anticorruption, and open government efforts, including:

    • a. Participatory processes to promote government accountability and public trust in government, such as the development of informative communiques, social public commitments or citizen charters, as appropriate, which set forth what inhabitants can expect from public services and how to access them;

    • e. Improving access to information to respond to the needs and capacities of stakeholders in order to improve understanding of the problem in question and garner well-grounded observations; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

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  1. Strengthening democratic institutions for the prevention of and fight against corruption in the Hemisphere, ensuring that the competent authorities have the necessary guarantees for the proper performance of their functions. (Lima Commitment. Peru, 2018)

  2. Strengthening judicial autonomy and independence, following applicable inter-American and universal standards on this matter, to promote respect for the rule of law and access to justice as well as to promote and encourage policies of integrity and transparency in the judicial system. (Lima Commitment. Peru, 2018)

  3. Promoting a hemispheric initiative to coordinate the efforts of competent regional and international organizations in the framework on the Inter-American Education Agenda focusing on civic education led by the Organization of American States (OAS), through the Inter-American Committee on Education (CIE), with the support of the Joint Summit Working Group (JSWG) and with respect for regional diversity. (Lima Commitment. Peru, 2018)

  4. Promoting public awareness and citizen participation campaigns for the prevention of and participation in the fight against corruption and impunity, and on the tools available to address and combat corruption. (Lima Commitment. Peru, 2018).

  5. Recognizing the positive contributions of indigenous peoples and their traditional values and principles, and the contributions of Afrodescendent communities to improving the efficiency, effectiveness, and transparency of public administration and raising awareness in favor of the fight against corruption. (Lima Commitment. Peru, 2018)

  6. Ensuring transparency and equal opportunities in the selection processes of public officials based on objective criteria such as merit, fairness, and aptitude. (Lima Commitment. Peru, 2018)

  7. Promoting the adoption of measures to prevent conflicts of interest, as well as the public filing of financial disclosure statements by public officials, as appropriate. (Lima Commitment. Peru, 2018)

  8. Furthering codes of conduct for public officials that contain high standards of ethics, honesty, integrity, and transparency, using as a point of reference the “Guidelines for the Management of Policies for Probity in the Public Administrations of the Americas” and urging the private sector to develop similar codes of conduct. (Lima Commitment. Peru, 2018)

  9. Encouraging the effective participation of the private sector in public policies to prevent and combat corruption; and urging public and private enterprises to develop or implement integrity promotion programs and training programs at all levels. (Lima Commitment. Peru, 2018)

  10. Continuing to strengthen national anti-corruption measures or systems and enhancing conditions for the effective participation of civil society, social organizations, academia, the private sector, citizens, and other social actors in monitoring government performance, including the development of prevention mechanisms, channels for reporting possible acts of corruption and facilitating the work of watchdogs including other citizen oversight mechanisms, and incentivizing the adoption of digital means of participation. (Lima Commitment. Peru, 2018)

  11. Promoting and or strengthening the implementation of national policies and plans, and as appropriate subnational plans in the areas of open government, digital government, open data, fiscal transparency, open budgeting, digital procurement systems, public contracting and a public registry of state suppliers, considering towards that end the participation of civil society and other social actors. (Lima Commitment. Peru, 2018)

  12. Consolidating the autonomy and independence of high-level oversight bodies. (Lima Commitment. Peru, 2018)

  13. Implementing and/or strengthening of bodies responsible for transparency and access to public information, based on applicable international best practices. (Lima Commitment. Peru, 2018)

  14. Promoting the use of new technologies that facilitate digital government in order to promote transparency, interaction with citizens and accountability, through development of tools for the identification, detection, systematization, and monitoring of government procedures and, to that end, strengthening cooperation and exchange of best practices on the development and application of such technologies. (Lima Commitment. Peru, 2018)

  15. Developing statistics and indicators in our States for assessing the impact of transparency and anti-corruption policies and advancing government capacity in this field. (Lima Commitment. Peru, 2018)

  16. Bolstering transparency and strengthening the accountability mechanisms of regional and international organizations of which we are members. (Lima Commitment. Peru, 2018)

  17. Promoting the establishment of an Inter-American Open Data Program within the OAS in order to strengthen open information policies and increase the capacity of governments and citizens to prevent and fight corruption, bearing in mind the important work done in this field within the inter-American framework and other regional and global initiatives. (Lima Commitment. Peru, 2018)

  18. Protecting the work of journalists and persons who investigate corruption cases in a manner consistent with international obligations and commitments on human rights, including freedom of expression. (Lima Commitment. Peru, 2018)

  19. Protecting public officials, including those involved in law enforcement and the investigation, prosecution, and punishment of acts of corruption. (Lima Commitment. Peru, 2018)

  20. Encouraging adoption and/or strengthening of measures that promote transparency, accountability, appropriate accounting, and use of the banking system for income and expenditures of political organizations and parties, especially those related to their electoral campaigns, in order to guarantee the licit origin of the contributions and penalizing anyone involved in accepting illicit contributions. (Lima Commitment. Peru, 2018)

  21. Considering the adoption of legal measures that could restrict access to public office for individuals convicted of acts of corruption. (Lima Commitment. Peru, 2018)

  22. Promoting the use of digital systems for government procurement and contracting of services and public works, to ensure disclosure, transparency, citizen oversight, and effective accountability. (Lima Commitment. Peru, 2018)

  23. Implementing intergovernmental mechanisms to monitor specific projects at the request of the State that will be implementing them, in keeping with its legal framework, in order to ensure transparency and build trust. (Lima Commitment. Peru, 2018)

  24. Promoting the inclusion of anti-corruption clauses in all state and public-private-partnership contracts and establishing registers of natural and legal persons involved in acts of corruption and money laundering with a view to ensuring that they are not contracted. (Lima Commitment. Peru, 2018)

  25. Requesting that the Joint Summit Working Group (JSWG), together with other relevant regional and international bodies, develop an infrastructure platform to facilitate the exchange of experiences, training and cooperation programs for project monitoring and development, feasibility and risk analysis studies, transparent bidding procedures, and government procurement. (Lima Commitment. Peru, 2018)

  26. Fostering coordinated, transparent practices in the issuance of government permits inter alia by the use of one-stop shops, including in the area of construction, as a measure to prevent corruption, promote competitiveness, and expedite the corresponding permits. (Lima Commitment. Peru, 2018)

  27. Implementing measures to reduce bureaucracy and simplify administrative processes at all levels of government in order to prevent corruption. (Lima Commitment. Peru, 2018)

  28. Advancing the fight against corruption, in particular in the prevention and combating of bribery of national and foreign public officials by continuing to implement, prior to the IX Summit of the Americas, the applicable recommendations from the specific rounds of the Implementation Review Mechanism of the United Nations Convention against Corruption, as well as the recommendations from the successive rounds of the Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption (MESICIC). (Lima Commitment. Peru, 2018)

  29. Adopting a legal framework for holding legal entities accountable for acts of corruption, including domestic and international bribery, consistent with the United Nations Convention against Corruption and the Inter-American Convention against Corruption, when such a framework does not already exist under domestic law. (Lima Commitment. Peru, 2018)

  30. Considering the provision of the broadest possible assistance, where appropriate and in keeping with the respective domestic legal frameworks, with investigations and procedures corresponding to civil and administrative matters regarding acts of corruption committed by natural and legal persons. (Lima Commitment. Peru, 2018)

  31. Promoting the broadest possible cooperation among judicial, police, and prosecutorial authorities, financial intelligence units, and administrative authorities in investigations and procedures related to offenses of corruption, money laundering, and transnational bribery and corruption. (Lima Commitment. Peru, 2018)

  32. Promoting, among competent authorities, the use of flexible mechanisms for exchanges of information, cooperation, and coordination in the investigation and prosecution of acts of corruption. (Lima Commitment. Peru, 2018)

  33. Promoting cooperation between and among financial institutions and financial oversight bodies, and agencies responsible for the investigation and prosecution of acts of corruption, to provide a prompt, effective response in international investigations and asset recovery. (Lima Commitment. Peru, 2018)

  34. Strengthening the international legal and institutional cooperation framework to prevent the region’s financial systems from being misused for the transfer and concealment of funds derived from acts of corruption, including those criminal offenses specified in the United Nations Convention against Corruption and the Inter-American Convention against Corruption. (Lima Commitment. Peru, 2018)

  35. Furthering the adoption or strengthening of measures through relevant institutions to enable the freezing, seizure, and confiscation of proceeds of corruption. (Lima Commitment. Peru, 2018)

  36. Taking effective measures against tax evasion and to combat tax avoidance, money laundering, and the illicit financial flows derived from corruption; as well as measures to identify beneficial ownership. (Lima Commitment. Peru, 2018)

  37. Promoting transparency in the exchange of tax information and requesting that the Joint Summit Working Group (JSWG) consider strengthening cooperation in this area among our States consistent with the existing international framework. (Lima Commitment. Peru, 2018)

  38. Continuing to strengthen the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC), by identifying resources to bolster its operations with a view to more efficiently addressing the new challenges that corruption poses in the Hemisphere. (Lima Commitment. Peru, 2018)

  39. Calling upon MESICIC to coordinate with other international and regional anti-corruption bodies so as to foster synergies and to avoid duplication of efforts in the fight against corruption. (Lima Commitment. Peru, 2018)

  40. Continuing to advance effective implementation of the recommendations made by MESICIC through concrete measures prior to the regular session of the OAS General Assembly, to be held in 2020. (Lima Commitment. Peru, 2018)

  41. Calling upon MESICIC to develop, within the framework of its sphere of competence, an initiative for observing and measuring anti-corruption policies, with a view to formulating anti-corruption indicators, promoting corruption prevention mechanisms, evaluating the impact and progress of public policies, consolidating a database of regional best practices, and conducting prompt risk analysis. (Lima Commitment. Peru, 2018)

  42. Strengthening the Inter-American Cooperation Mechanism for Effective Public Management (MECIGEP) as a forum for sharing best practices in democratic governance and open government. (Lima Commitment. Peru, 2018)

  43. Calling upon the Joint Summit Working Group (JSWG) to support the implementation and strengthening of national human rights-based programs to develop the capacity of the police, public prosecutors’ offices, the judiciary, and domestic oversight agencies to combat acts of corruption, including those related to drug trafficking, trafficking in persons, trafficking in firearms and other weapons and the smuggling of goods and wildlife. (Lima Commitment. Peru, 2018)

  44. Taking note of the recommendations of the Civil Society and Social Actors Forum, the Youth Forum of the Americas, the Forum of Indigenous Peoples, the ParlAmericas Open Parliament Network, and the Americas Business Dialogue. (Lima Commitment. Peru, 2018)

  45. Taking action such that follow-up measures stemming from the Lima Commitment promote the advancement of gender equity and equality and women’s empowerment in the Hemisphere. (Lima Commitment. Peru, 2018)

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  1. Our aspirations and goals for the Americas depend on strong democracies, good governance, the rule of law and respect for human rights and fundamental freedoms. We believe that democracy is essential for the social, political and economic development of the peoples of the Americas. We therefore renew our commitment to fight poverty, inequality, hunger and social exclusion in order to raise the standard of living of our peoples and strengthen democratic governance in the Americas, and we will uphold the principles of and fully implement the Inter-American Democratic Charter. We reaffirm our commitment to fostering credibility and public trust in democratic institutions, in particular the legitimacy of electoral processes and full respect for human rights and fundamental freedoms. (Declaration of Port of Spain, 2009).

  1. We will strengthen our fight against all forms of corruption, fraudulent practices and unethical behaviour by increasing transparency, integrity, accountability and efficiency in the public and private sectors. We reaffirm our commitment to the Inter-American Convention against Corruption, and declare our support for the ratification and effective enforcement of the United Nations Convention against Corruption. In the framework of applicable national and international law, we reiterate our commitment to deny safe haven to corrupt officials, those who corrupt them and their assets, and to cooperate in their extradition as well as in the recovery and return of the proceeds of corruption to their legitimate owners. (Declaration of Port of Spain, 2009).

  1. Alarmed by the corrupt, illegal and fraudulent practices in the management of some national and transnational private enterprises, which have a negative impact on the economies of our countries and could present a threat to their political and democratic stability, we will continue to enhance legal mechanisms for information sharing, and we will develop and implement policies that foster a culture of integrity and transparency within public and private offices and institutions. We will therefore seek to ensure that important progress is made in providing access for our citizens to public information, particularly on government revenues, expenditures and budgets. (Declaration of Port of Spain, 2009).

  1. We consider it essential to strengthen broad, transparent, and inclusive social dialogue with all concerned sectors of society, at the local, national, regional, and hemispheric levels. Social dialogue is an important and basic instrument to promote and consolidate democracy and to build societies with inclusion and social justice (Declaration of Mar del Plata, 2005).

  1. The strengthening of and respect for the rule of law, the defense of human rights and fundamental freedoms, economic progress, well-being and social justice, transparency and accountability in public affairs, the promotion of diverse forms of participation by our citizens, and the development of opportunities for all are fundamental to promote and consolidate representative democracy (Declaration of Nuevo León, 2004).

  1. We recognize that political pluralism and sound political parties are essential elements of democracy. We underscore the importance of rules to ensure the transparency of party finances, to prevent corruption and the risk of undue influence, and to encourage a high level of electoral participation. Therefore, we will promote the conditions that enable political parties to thrive, autonomous of government control. We will encourage political training and leadership development, including for women, youth, indigenous people, members of ethnic groups, and marginalized segments of the population. We acknowledge the important work of the Inter-American Forum on Political Parties in enabling political parties to share best practices and strengthen themselves, as well as promoting reforms of political party systems (Declaration of Nuevo León, 2004).

  1. Recognizing the relationship among democracy, sustainable development, the separation of powers, as well as effective and efficient government institutions, and, noting that the transparency and accountability of electoral systems and the independence of bodies responsible for the conduct and verification of free, fair and regular elections are essential elements in ensuring support for and involvement in national democratic institutions (Plan of Action Québec, 2001)

  1. Recognizing that good governance requires effective, representative, transparent and accountable government institutions at all levels, public participation, effective checks and balances, and the separation of powers, as well as noting the role of information and communications technologies in achieving these aims: (Plan of Action Québec, 2001)

  1. Continue to promote policies, processes and mechanisms that protect the public interest, the use of disclosure of assets mechanisms for public officials in order to avoid possible conflicts of interest and incompatibilities, as well as other measures that increase transparency; (Plan of Action Québec, 2001).

  1. Resolutely support the "Inter-American Program to Combat Corruption" and implement the actions established therein, particularly the adoption of a strategy to achieve prompt ratification of the 1996 Inter-American Convention against Corruption, the drafting of codes of conduct for public officials, in accordance with respective legal frameworks, the study of the problem of laundering assets or proceeds derived from corruption, and the promotion of information campaigns on the ethical values that sustain the democratic system.(Plan of Action Santiago, 1998).

  1. Promote in their domestic legislation the obligation for senior public officials, and those at other levels when the law so establishes, to declare or disclose their personal assets and liabilities to the appropriate agency (Plan of Action Santiago, 1998).

  1. Adopt or consider, as appropriate, measures to prevent financial contributions to electoral campaigns derived from organized crime and drug trafficking. Similarly, they will promote the adoption of measures designed to ensure transparency in the origin of all contributions. (Plan of Action Santiago, 1998).

  1. We recognize that our people earnestly seek greater responsiveness and efficiency from our respective governments. Democracy is strengthened by the modernization of the state, including reforms that streamline operations, reduce and simplify government rules and procedures, and make democratic institutions more transparent and accountable. Deeming it essential that justice should be accessible in an efficient and expeditious way to all sectors of society, we affirm that an independent judiciary is a critical element of an effective legal system and lasting democracy. Our ultimate goal is to better meet the needs of the population, especially the needs of women and the most vulnerable groups, including indigenous people, the disabled, children, the aged, and minorities (Declaration of Principles Miami, 1994).

  • 3.1 A strong and diverse civil society, organized in various ways and sectors, including individuals, the private sector, labor, political parties, academics, and other non-governmental actors and organizations, gives depth and durability to democracy. Similarly, a vigorous democracy requires broad participation in public issues. Such activities should be carried out with complete transparency and accountability, and to this end a proper legal and regulatory framework should be established to include the possibility of obtaining technical and financial support, including from private sources. (Plan of Action Miami, 1994).

  • 5.1 The problem of corruption is now an issue of serious interest not only in this Hemisphere, but in all regions of the world. Corruption in both the public and private sectors weakens democracy and undermines the legitimacy of governments and institutions. The modernization of the state, including deregulation, privatization and the simplification of government procedures, reduces the opportunities for corruption. All aspects of public administration in a democracy must be transparent and open to public scrutiny. (Plan of Action Miami, 1994).

  • 5.2 Promote open discussion of the most significant problems facing government and develop priorities for reforms needed to make government operations transparent and accountable. (Plan of Action Miami, 1994).

  • 5.3 Ensure proper oversight of government functions by strengthening internal mechanisms, including investigative and enforcement capacity with respect to acts of corruption , and facilitating public access to information necessary for meaningful outside review. (Plan of Action Miami, 1994).

 

 
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