General assembly thirty-eighth regular session




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SPECIAL SECURITY CONCERNS OF THE SMALL ISLAND STATES
OF THE CARIBBEAN

(Adopted at the fourth plenary session, held on June 3, 2008)



THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4820/08), in particular the section on the matters entrusted to the Committee on Hemispheric Security;
RECALLING that the ministers of foreign affairs and heads of delegation recognized, as stated in the Declaration of Bridgetown, that the security threats, concerns, and other challenges in the hemispheric context are diverse in nature and multidimensional in scope, and that the traditional concept and approach must be expanded to encompass new and nontraditional threats, which include political, economic, social, health, and environmental aspects;
REITERATING that the security of small island states has peculiar characteristics which render these states specially vulnerable and susceptible to risks and threats of a multidimensional and transnational nature, involving political, economic, social, health, environmental, and geographic factors; and that multilateral cooperation is the most effective approach for responding to and managing the threats and concerns of small island states;
AWARE that the small island states remain deeply concerned about the possible threats posed to their economies and maritime environment should a ship transporting potentially hazardous material, including petroleum and radioactive material and toxic waste, have an accident or be the target of a terrorist attack while transiting the Caribbean Sea and other sea-lanes of communication in the Hemisphere;
RECOGNIZING that resolution AG/RES. 1970 (XXXIII-O/03) and the Declaration of Kingstown on the Security of Small Island States reaffirmed that the political, economic, social, health, and environmental integrity and stability of small island states are integral to the security of the Hemisphere;
MINDFUL of the potentially disastrous impact of acts of terrorism on the stability and security of all states in the Hemisphere, particularly the small and vulnerable island states;
NOTING WITH SATISFACTION the decision adopted at the Eighth Regular Session of the Inter-American Committee against Terrorism (CICTE) to instruct the CICTE Secretariat to continue providing technical assistance and capacity-building to member states, upon request, on the security of tourism and recreational facilities, taking into account the results of the Pilot Project in this area and the specific realities and needs of the tourism sector in the member states;
UNDERSCORING the importance of sustained dialogue on the multidimensional aspects of security and their impact on the small island states of the Caribbean, in support of ongoing subregional efforts to enhance law enforcement, security cooperation, and disaster mitigation and preparedness;
WELCOMING the meeting of the Committee on Hemispheric Security, held on February 13, 2008, to address the special security concerns of small island states, at which the member states and the General Secretariat presented the initiatives undertaken to address the special security concerns of the small island states of the Caribbean and made recommendations regarding future actions;
ACKNOWLEDGING the Report of the Inter-American Defense Board on follow-up of progress made in implementing resolution AG/RES. 2325 (XXXVII-O/07), “Special Security Concerns of the Small Island States of the Caribbean” (CP/CSH-987/08), with particular interest in the computer simulation training introduced to member states of the Inter-American Defense Board (IADB) that wish to strengthen their natural and man-made disaster mitigation planning, in a presentation on the Emergency Management and Training Simulation System (SIGEN), developed by Chile;
RECALLING:
Resolutions AG/RES. 1886 (XXXII-O/02) and AG/RES. 1970 (XXXIII-O/03), “Special Security Concerns of Small Island States of the Caribbean”; AG/RES. 2006 (XXXIV-O/04), AG/RES. 2112 (XXXV-O/05), AG/RES. 2187 (XXXVI-O/06), and AG/RES. 2325 (XXXVII-O/07), “Special Security Concerns of the Small Island States of the Caribbean”; AG/RES. 1497 (XXVII-O/97), AG/RES. 1567 (XXVIII-O/98), AG/RES. 1640 (XXIX-O/99), and AG/RES. 1802 (XXXI-O/01), “Special Security Concerns of Small Island States”; and AG/RES. 1410 (XXVI-O/96), “Promotion of Security in the Small Island States”;
Resolutions AG/RES. 2114 (XXXV-O/05), “Natural Disaster Reduction and Risk Management,” and AG/RES. 2184 (XXXVI-O/06), “Natural Disaster Reduction, Risk Management, and Assistance in Natural and Other Disaster Situations”;
That at the Special Conference on Security, held in Mexico City on October 27 and 28, 2003, member states addressed, in paragraphs 2 and 4 of the Declaration on Security in the Americas, the multidimensional scope of security and the new threats, concerns, and other challenges and, in paragraph 8 of that Declaration, called for “renewed and ongoing attention to, and the development of appropriate instruments and strategies within the Inter-American system to address the special security concerns of small island states as reflected in the Declaration of Kingstown on the Security of Small Island States”; and noting also paragraphs 43 and 44 of the Declaration on Security in the Americas;
That in the said Declaration on Security in the Americas member states emphasized the need to reinforce existing efforts in the Hemisphere with regard to transportation security, without prejudice to the flow of trade;
The decisions adopted at the Seventh Regular Session of CICTE in the Declaration of Panama on the Protection of Critical Infrastructure in the Hemisphere in the Face of Terrorism, with particular reference to threats to tourism security; and
Resolution AG/RES. 1 (XXXII-E/06), “Statutes of the Inter-American Defense Board,” which mandates the IADB in carrying out its purpose, to take into account the needs of the smaller states, whose level of vulnerability is greater in the face of traditional threats and of new threats, concerns, and other challenges;
WELCOMING:
The actions taken by the General Secretariat through the Secretariat for Multidimensional Security and the relevant organs, agencies, and entities of the inter-American system, such as the Inter-American Council for Integral Development (CIDI) through the Executive Secretariat for Integral Development (SEDI), in the areas of the management of natural hazard risks, a multi-hazard contingency manual/plan for the tourism sector, and food safety and security standards for the Caribbean; the Inter-American Drug Abuse Control Commission (CICAD) through the online capacity-building program in drug demand reduction at the University of the West Indies and training seminars focused on supply reduction techniques; the Inter-American Committee against Terrorism (CICTE) through the airport, port facility, and tourism and recreational facilities security programs; and the Department of Public Security through the awareness-building seminar on trafficking in persons held in Saint Lucia, the technical advice provided to the Haitian National Police, and the meeting of academics from the Caribbean held in Jamaica in preparation for the First Meeting of Ministers Responsible for Public Security in the Americas;
That in resolution CP/RES. 934 (1644/08) the Permanent Council convened the First Meeting of Ministers Responsible for Public Security in the Americas, to be held in Mexico on October 7 and 8, 2008; and
The actions taken by the General Secretariat, through the Office of the Secretary General and the Secretariat for Multidimensional Security, to support the special security concerns of the small island states of the Caribbean, as set out in the presentations made at the Fifth Meeting of the Council of Ministers of National Security and Law Enforcement of the Caribbean Community (CARICOM), held in Trinidad and Tobago in April 2008;
NOTING that at the Thirteenth Special Meeting of the Conference of Heads of Government of CARICOM, held in Trinidad and Tobago in April 2008, it was agreed that intelligence and information sharing, the procurement of equipment, combating trafficking in drugs and firearms, crime prevention, and addressing gangs and violence represent special security concerns for that region;
RECOGNIZING the international obligations of member states, particularly obligations of the states parties to the United Nations Convention on the Law of the Sea and relevant instruments of the International Maritime Organization; and
BEARING IN MIND that at the Fourth Summit of the Association of Caribbean States (ACS), held in Panama City, Panama, in July 2005, the Heads of State and/or Government of the ACS member states urged those countries currently involved in the production or shipment of nuclear waste to adopt measures aimed at strengthening international cooperation in order to comply with security measures on the transportation of radioactive materials, especially those adopted at the forty-seventh regular session of the General Conference of the International Atomic Energy Agency (IAEA) (Austria 2003),

RESOLVES:


1. To reemphasize the importance of strengthening and enhancing the hemispheric security agenda of the Organization of American States (OAS) by addressing the multidimensional nature of security as it relates to the security of the small island states of the Caribbean.
2. To renew its appeal to member states to continue collaborating with the small island states of the Caribbean in the development of effective ways of addressing the security issues of these states through capacity-building assistance related to intelligence and information sharing and the procurement of equipment.
3. To instruct the Permanent Council to remain seized of the issues which impact the security of small island states and, to this end, through its Committee on Hemispheric Security (CSH), to evaluate progress made in addressing the security concerns of those states and the development of strategies for implementation of the related General Assembly resolutions.
4. To instruct the Permanent Council to continue its work on global climate change, in coordination with the other organs of the OAS.
5. To request that, in support of the small island states’ efforts to address their special security concerns, the CSH coordinate and maintain the necessary liaison with the organs, agencies, entities, and mechanisms of the Organization and other institutions and mechanisms related to the various aspects of security and defense in the Hemisphere, respecting the mandates and areas of competence of each, in order to achieve the application, evaluation, and follow-up of those provisions pertaining to the special security concerns of small island states in the Declaration on Security in the Americas.
6. To reiterate its request that the General Secretariat, through the Secretariat for Multidimensional Security and the relevant organs, agencies, and entities of the inter-American system, such as the Inter-American Council for Integral Development (CIDI), the Inter-American Drug Abuse Control Commission (CICAD), the Inter-American Committee against Terrorism (CICTE), the Inter-American Committee on Ports (CIP), the Consultative Committee of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), the Inter-American Committee on Natural Disaster Reduction (IACNDR), and the Inter-American Defense Board (IADB), support, within their areas of competence and programming, the continued efforts of the small island states to address their security and defense concerns, particularly with respect to:


    1. Developing training programs and proposals for strategic plans and cooperation to enable existing security entities in the small island states to meet the new security threats, concerns, and challenges;

b. Assisting border-control authorities in the small island states in accessing critical information; in enhancing their border control systems and transportation security, including airport and seaport security; and in strengthening their border- control capacities;




  1. Strengthening the capacity of the small island states to fight against trafficking in drugs and firearms;

d. Beginning the process of conducting analysis among the states of the Caribbean on gang violence;




  1. Carrying out computer simulation training and other simulation exercises to strengthen natural and man-made disaster response and mitigation capacity in the states;




  1. Providing training and technical assistance regarding legislation in the areas of counterterrorism, terrorist financing, cybersecurity, and cybercrime;




  1. Providing technical assistance and capacity-building for the security of tourism and recreational facilities;




  1. Improving coordination among the organs, agencies, and entities of the OAS on matters related to the special security concerns of small island states, so as to ensure awareness and avoid duplication; and




  1. Building local capacities, training communities, and strengthening mechanisms for liaison with civil society through specific actions to reduce vulnerabilities that increase the effects of natural and man-made disasters.

7. To request the Permanent Council and the General Secretariat to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.


AG/RES. 2398 (XXXVIII-O/08)
CONFIDENCE- AND SECURITY-BUILDING IN THE AMERICAS
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4820/08), in particular the section on the activities of the Committee on Hemispheric Security;
BEARING IN MIND that in the Declaration on Security in the Americas the member states affirmed that “[c]onfidence- and security-building measures and transparency in defense and security policies contribute to increasing stability, safeguarding hemispheric and international peace and security, and consolidating democracy,” and recommended that the Committee on Hemispheric Security (CSH) meet periodically as the “Forum for Confidence- and Security-Building Measures” in order to review and evaluate existing confidence- and security-building measures and, if appropriate, consider new measures that would make it possible to ensure progress in this area;
CONSIDERING that, in the Plan of Action of the Third Summit of the Americas, held in Quebec City, the Heads of State and Government declared that they would strive to improve the transparency and accountability of defense and security institutions and promote greater understanding and cooperation among government agencies involved in security and defense issues, through such means as increased sharing of defense policy and doctrine papers and personnel and information exchanges, including improving transparency in arms acquisitions;
TAKING INTO ACCOUNT that resolution AG/RES. 2270 (XXXVII-O/07), “Confidence- and Security-Building in the Americas,” contains a series of recommendations and mandates directed at the member states and the General Secretariat that are still in force;
RECALLING the Chairman’s Conclusions of the First Meeting of the Forum on Confidence- and Security-Building Measures, held in Washington, D.C., on April 25 and 26, 2005 (CSH/FORO-I/doc.11/05); the Rapporteur’s Report of the Second Meeting of the Forum on Confidence- and Security-Building Measures, held in Washington, D.C., on November 29, 2006 (CSH/FORO-II/doc.11/06 corr. 1); and the Rapporteur’s Report of the Third Meeting of the Forum on Confidence- and Security-Building Measures (CSH/FORO-III/doc.6/08 rev. 1), held in Washington, D.C., on April 15, 2008; and
NOTING WITH SATISFACTION the announcement by Argentina and Chile at the Third Meeting of the Forum on Confidence- and Security-Building Measures regarding the change in the term used in their bilateral documents from “confidence- and security-building measures” to “cooperation and integration measures,”
RESOLVES:


  1. To renew, where applicable, its mandates to the Permanent Council and to the General Secretariat contained in resolution AG/RES. 2270 (XXXVII-O/07), “Confidence- and Security-Building in the Americas”; and to reiterate the recommendations to the member states contained therein.




  1. To urge member states to continue implementing, in the manner they deem most appropriate, the recommendations contained in the Declaration of Santiago and the Declaration of San Salvador on Confidence- and Security-Building Measures and in the Consensus of Miami: Declaration by the Experts on Confidence- and Security-Building Measures: Recommendations to the Summit-Mandated Special Conference on Security.




  1. To instruct the Committee on Hemispheric Security to conduct a study, with the participation of the Inter-American Defense Board (IADB), on unification of the criteria for reporting confidence- and security-building measures adopted in the Declaration of Santiago, the Declaration of San Salvador, and the Miami Consensus.4/




  1. To commend member states that have regularly submitted their reports on the application of the confidence- and security-building measures (CSBMs) contained in the above-mentioned Declarations and Consensus; and to urge all member states to provide or continue to provide reports and information on the application of CSBMs to the General Secretariat, by July 15 of each year.




  1. To instruct the Permanent Council to convene the Fourth Meeting of the Forum on Confidence- and Security-Building Measures for the last quarter of 2009, to examine the application of confidence- and security-building measures throughout the region and consider next steps.




  1. To establish the goal of universal participation by all member states, by 2010, in the United Nations (UN) Register of Conventional Arms and the UN Standardized International Reporting of Military Expenditures; and to renew its request that member states provide said information to the Secretary General of the Organization of American States (OAS) by July 15 of each year.




  1. To encourage member states to share bilateral and subregional experiences regarding the development of standardized methodologies for measuring military expenditures and inform the Forum on Confidence- and Security-Building Measures of the results of those experiences.




  1. To urge member states to deepen trust and transparency through the development and exchange of defense white papers, when appropriate, taking into account the guidelines adopted by the Permanent Council in its resolution CP/RES. 829 (1342/02), “Adoption of the Guidelines on Developing National Defense Policy and Doctrine Papers.”




  1. To request the General Secretariat to update the Roster of Experts on Confidence- and Security-Building Measures every year, on the basis of the information supplied by the member states by July 1 each year, and to distribute the new roster to member states by July 30 of each year.




  1. To request the Secretary General to forward this resolution to the Secretary-General of the United Nations, the Secretary General of the Organization for Security and Co-operation in Europe (OSCE), the Association of South-East Asian Nations Regional Forum (ARF), and other pertinent regional organizations.




  1. To request the Permanent Council and the General Secretariat to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2399 (XXXVIII-O/08)


THE AMERICAS AS AN ANTIPERSONNEL-LAND-MINE-FREE ZONE5/
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


REITERATING its profound concern over the presence in the Americas of thousands of antipersonnel land mines and other undetonated explosive devices;
DEEPLY CONCERNED that Colombia is one of the countries with the highest number of antipersonnel-land-mine victims in the world;
BEARING IN MIND:
The serious threat that mines and other unexploded ordnance pose to the safety, health, and lives of local civilian populations, as well as of personnel participating in humanitarian, peacekeeping, and rehabilitation programs and operations;
That the presence of mines is a factor that impedes economic and social development in rural and urban areas;
That mines have a humanitarian impact with very serious consequences, which are long-lasting and require sustained socioeconomic assistance to victims; and
That their elimination constitutes an obligation and prerequisite for the development and integration of peoples, especially in border areas, and helps to consolidate a common strategy for combating poverty;
ALARMED by the continued and increasing use of antipersonnel land mines and other improvised explosive devices by non-state actors, especially illegal armed groups in Colombia;
RECOGNIZING WITH SATISFACTION:
The efforts being made by member states to implement comprehensive mine-action programs, including mine clearance, stockpile destruction, the physical and psychological rehabilitation of victims and their reintegration, activities aimed at mine-risk education, and the socioeconomic reclamation of demined areas;
The mine-free-territory declarations made by the Republics of Costa Rica, El Salvador, Guatemala, Honduras, and Suriname, and the efforts made in fulfillment of those declarations;
The efforts made by Colombia in the area of mine action;
The joint, combined efforts by Ecuador and Peru in demining, the destruction of stockpiles, and transparency measures; and
The sustained effort by Nicaragua to conclude its destruction of antipersonnel mines, which will soon enable it to declare itself a mine-free country in the Hemisphere; its extensive prevention education program aimed at sensitizing children, adolescents, and the general public to mine dangers; and the resolute support it provides for the physical and professional rehabilitation program for mine victims;
RECOGNIZING WITH GRATIFICATION:
The valuable contributions by member states such as Argentina, Bolivia, Brazil, Canada, Chile, Colombia, El Salvador, Guatemala, Honduras, Nicaragua, Peru, the United States, and Venezuela; and by permanent observers such as Austria, Denmark, France, Germany, Italy, Japan, the Netherlands, Norway, the Russian Federation, South Korea, Spain, Sweden, the United Kingdom, and the European Union;
The success of the Program for Comprehensive Action against Antipersonnel Mines (AICMA), which for over 15 years has supported humanitarian demining activities and the destruction of explosive devices;
The important and efficient coordination work of the General Secretariat, through AICMA, together with the technical assistance of the Inter-American Defense Board;
The installation in Santiago, Chile, in September 2007, of the headquarters of the representative for Latin America of the Geneva International Centre for Humanitarian Demining (GICHD); and
The work of nongovernmental organizations in furthering the aim of a Hemisphere and a world free of antipersonnel land mines, which is often performed in cooperation and association with the states;
HAVING SEEN:
The Annual Report of the Permanent Council to the General Assembly (AG/doc.4820/08), in particular the section on matters assigned to the Committee on Hemispheric Security; and

The report of the General Secretariat on the implementation of resolutions AG/RES. 2261 (XXXVII-O/07), “Support for Action against Antipersonnel Mines in Ecuador and Peru,” and AG/RES. 2269 (XXXVII-O/07), “The Americas as an Antipersonnel-Land-Mine-Free Zone” (CP/CSH-1014/08);


RECALLING the 18 General Assembly resolutions from 1997 to 2005 directly relating to antipersonnel landmines, which were referenced individually in resolution AG/RES. 2180 (XXXVI-O/06) and adopted by consensus by all member states;
RECALLING ALSO that, in the Declaration on Security in the Americas, adopted at the Special Conference on Security, held in Mexico City on October 28, 2003, the states of the Hemisphere reaffirmed their support for establishing the Hemisphere as an antipersonnel-land-mine-free zone;
NOTING WITH SATISFACTION the global celebrations of the 10th anniversary of the negotiation and signing of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Ottawa Convention) in 2007, its many successes over the past decade, and the continued effort to meet the challenges that remain to rid the world of antipersonnel mines; and
NOTING ALSO:
The successful outcome of the Eighth Meeting of States Parties to the Ottawa Convention, held from November 18 to 22, 2007, in Jordan, and the hemispheric commitment to the Convention with the naming of Peru and Canada as the Ottawa Convention co-chairs of the Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, and of Argentina as co-rapporteur for that Committee, as well as the naming of Chile as co-rapporteur of the Standing Committee on the General Status and Operation of the Convention; and
The Regional Seminar on the Application of Article 5 of the Ottawa Convention (“Destruction of anti-personnel mines in mined areas”), held in Santiago, Chile, on August 16 and 17, 2007, with the participation of representatives of Argentina, Canada, Colombia, Ecuador, Nicaragua, Peru, and Venezuela. That meeting considered national experiences in fulfilling the obligations under this article with a view to identifying the best means and practices to that end and to coming to a better understanding of the rules of the Convention in this regard in order to apply them fully,
RESOLVES:


  1. To renew its support for the commitment of member states to strive jointly to rid their territories of antipersonnel land mines and destroy their stockpiles, and to convert the Americas into the world’s first antipersonnel-land-mine-free zone.

2. To support comprehensive action against antipersonnel mines efforts in the Republic of Nicaragua, which will make it possible in the near future to declare Central America a mine-free zone.


3. To stress the responsibility of all member states to continue their vital cooperation in mine action as a national, subregional, and regional priority, as well as a means to promote confidence and security, and to develop statements of remaining goals, contribute resources, and collaborate with the Mine Action Team of the Organization of American States (OAS).
4. To urge the international donor community to continue its support for the comprehensive hemispheric humanitarian task which is still being waged in victim rehabilitation in Guatemala, El Salvador, and other countries, and in ongoing demining activities in Chile, Colombia, Ecuador, Nicaragua, and Peru.
5. To firmly condemn, in accordance with the principles and norms of international humanitarian law, the use, stockpiling, production, and transfer of antipersonnel mines by non-state actors, acts which put at grave risk the population of the affected countries; and to reaffirm that progress toward a mine-free world will be facilitated if non-state actors observe the international norm established by the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Ottawa Convention).
6. To condemn also the use of antipersonnel land mines and improvised explosive devices by non-state actors, especially illegal armed groups in Colombia.
7. To celebrate the support demonstrated by 33 member states of the Hemisphere through their ratification of the Ottawa Convention; and to encourage the governments to continue working in the area of mine action in accordance with said Convention and with their mine action plans in order to meet mine-clearance deadlines pursuant to Article 5 of the Convention.
8. To urge member states which have not yet done so to ratify or consider acceding to the Ottawa Convention as soon as possible to ensure its full and effective implementation.
9. To call upon all states parties and non-states parties that share the objectives of the Ottawa Convention to take all necessary action, at the national, subregional, regional, and international levels, to implement the Nairobi Action Plan 2005-2009.
10. To reiterate the importance of participation by all member states in the OAS Register of Antipersonnel Land Mines by April 15 of each year, in keeping with resolution AG/RES. 1496 (XXVII-O/97); and to commend member states which have regularly submitted their reports to that end, instructing them to provide to the OAS Secretary General a copy of the Ottawa Convention Article 7 transparency reports presented to the United Nations Secretary-General. In this connection, in keeping with the spirit of the Ottawa Convention, to invite member states which are not yet party thereto to consider voluntarily providing this information.
11. Once again to urge member states which have not yet done so to become parties as soon as possible to the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects and to the five protocols thereto; and to request member states to inform the Secretary General when they have done so.
12. To request the Inter-American Defense Board (IADB) to continue providing technical advice to the Program for Comprehensive Action against Antipersonnel Mines (AICMA).
13. To instruct the General Secretariat to continue to provide member states, within the resources allocated in the program-budget of the Organization and other resources, with the support necessary to continue the mine-clearing programs, prevention education programs for the civilian population, and programs for the rehabilitation of victims and their families and for the socioeconomic reclamation of demined areas.
14. To request the Secretary General to transmit this resolution to the United Nations Secretary-General and to other international organizations as he deems appropriate.
15. To request the Permanent Council and the General Secretariat to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2400 (XXXVIII-O/08)


SUPPORT FOR THE ACTIVITIES OF THE INTER-AMERICAN DEFENSE BOARD6/
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Chair of the Inter-American Defense Board to the General Assembly (CP/doc.4271/08);
RECALLING resolutions AG/RES. 1 (XXXII-E/06), “Statutes of the Inter-American Defense Board,” adopted on March 15, 2006, which established the Inter-American Defense Board (IADB) as an “entity” of the Organization under Article 53 of the Charter of the Organization of American States (OAS), and AG/RES. 2300 (XXXVII-O/07), “Support for the Activities of the Inter-American Defense Board,” adopted on June 5, 2007;
RECALLING ALSO that the IADB is not operational in nature and that its Statutes establish that the purpose of the IADB is to provide the OAS and its member states with technical and educational advice and consultancy services on matters related to military and defense issues in the Hemisphere in order to contribute to the fulfillment of the OAS Charter;
WELCOMING the incorporation into the IADB of Jamaica and Panama as member states and of China, Spain, and Denmark as permanent observers;
WELCOMING ALSO the continued commitments of human and other resources made by members of the IADB to fill the elected positions established in the Statutes;
REITERATING its recognition of the invaluable role performed by the IADB in fulfillment of the mandates contained in the resolutions of the General Assembly that contribute to the implementation of the Declaration on Security in the Americas, in particular those activities related to confidence- and security-building measures (CSBMs) and humanitarian demining;
REITERATING ALSO the importance of the advanced academic courses offered by the Inter-American Defense College (IADC) to military officers and civilian officials from OAS member states and to permanent observers, commencing in August 2007;
Recognizing the efforts made by the IADB to promote civil society participation in its meetings and activities, in accordance with resolution CP/RES. 759 (1217/99), “Guidelines for the Participation of Civil Society Organizations in OAS Activities”;
NOTING WITH SATISFACTION the activities of the IADB in its second year as an OAS entity, detailed in the Annual Report of the IADB to the General Assembly, in particular those that have deepened its integration into the institutional processes of the Organization;
NOTING WITH SATISFACTION ALSO that, as required by its Statutes, the IADB has undertaken activities to promote interaction and cooperation with other regional and global organizations of a similar nature, related to technical aspects of military and defense issues; and
BEARING IN MIND the Declaration of Managua, adopted at the Seventh Conference of Ministers of Defense of the Americas, and the preparations for the Eighth Conference of Ministers of Defense of the Americas, to be held in Banff, Canada, from September 2 to 6, 2008,
RESOLVES:


  1. To urge those member states of the Organization of American States (OAS) that are not yet members of the Inter-American Defense Board (IADB) to become members, in accordance with Article 4.1 of its Statutes.




  1. To encourage OAS member states to strengthen and support the IADB by providing military personnel and civilian officials to accomplish its purpose and functions.

3. To encourage all OAS member states to promote participation in the advanced academic courses and seminars offered by the Inter-American Defense College (IADC) to military officers and civilian officials from OAS member states and to permanent observers, commencing in August 2007.


4. To encourage the IADB to continue providing technical assistance to OAS member states in the development and exchange of Defense White Papers, when appropriate, and in the annual reporting on the application of confidence- and security- building measures (CSBMs) to the OAS.
5. To instruct the IADB to coordinate with the General Secretariat, through the Committee on Hemispheric Security, activities related to the needs of the smaller states, which are more vulnerable to traditional threats and to new threats, concerns, and other challenges.
6. To encourage the IADB to continue to foster and promote the participation of civil society in its meetings and activities, in accordance with its Statutes.
7. To request the IADB to promote, with other hemispheric organizations and forums of a similar nature, awareness of OAS declarations and resolutions concerning military and defense issues.
8. To call upon the member states, permanent observers, and other donors to support, through voluntary contributions, the activities undertaken by the IADB in carrying out its purpose.
9. To request the General Secretariat to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2401 (XXXVIII-O/08)


SEVENTH INTER-AMERICAN SPECIALIZED CONFERENCE
ON PRIVATE INTERNATIONAL LAW
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4820/08) as it pertains to the Seventh Inter-American Specialized Conference on Private International Law (CIDIP-VII);
RECALLING resolutions AG/RES. 1923 (XXXIII-O/03), AG/RES. 2033 (XXXIV-O/04), AG/RES. 2065 (XXXV-O/05), and AG/RES. 2217 (XXXVI-O/06), which, respectively, convened CIDIP-VII, analyzed member state proposals for CIDIP-VII, selected Consumer Protection and Secured Transaction Registries as the two topics for its agenda, and established its methodology and preparatory work, as well as resolution AG/RES. 2285 (XXXVII-O/07);
RECALLING that the CIDIP process is the principal component of the OAS for the development and harmonization of private international law in the Western Hemisphere, through which 26 inter-American instruments have been adopted; and
CONSIDERING:
That in the area of consumer protection, the Government of Brazil has proposed a draft Convention on Applicable Law; the Government of Canada, a Draft Model Law on Jurisdiction and Applicable Law; and the Government of the United States, a Legislative Guide and Model Laws on Monetary Redress;
That on the basis of the results of consultations, the proposing states are working toward completion of their draft Convention, Legislative Guide, and Model Laws on consumer protection; and
That insufficient progress has been made in the established working groups on consumer protection and secured transactions registries,
RESOLVES:


  1. To thank the working groups on consumer protection and secured transactions registries of the Inter-American Specialized Conference on Private International Law (CIDIP) for their efforts. In the future they will be composed of government officials or representatives appointed by the states.




  1. To urge the Consumer Protection Working Group to establish a work plan and agenda for further discussions with a view to completing the proposed instruments on the topic.




  1. To urge member states to continue, with support from the General Secretariat, preparatory work in the area of secured transaction registries with a view to completing the instruments on this topic.




  1. To instruct the General Secretariat to continue lending its support, through the Department of International Law of the Secretariat for Legal Affairs, to the preparatory work for CIDIP-VII and, if necessary, to seek external funding for the preparatory and final work of this Conference.




  1. To instruct the Permanent Council to set a date (or dates) for CIDIP-VII once the experts complete their preparatory work on consumer protection and secured transactions.




  1. To request the Permanent Council to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2402 (XXXVIII-O/08)


PROTECTION OF ASYLUM SEEKERS AND REFUGEES
IN THE AMERICAS
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


RECALLING resolution AG/RES. 2232 (XXXVI-O/06), “Protection of Asylum Seekers, Refugees, and Returnees in the Americas,” and resolutions AG/RES. 1762 (XXX-O/00), AG/RES. 1832 (XXXI-O/01), AG/RES. 1892 (XXXII-O/02), AG/RES. 1971 (XXXIII-O/03), AG/RES. 2047 (XXXIV-O/04), and AG/RES. 2296 (XXXVII-O/07);
WELCOMING the fact that 28 member states of the Organization of American States (OAS) have acceded to the 1951 Convention Relating to the Status of Refugees and 30 to its 1967 Protocol; that most of those countries have incorporated their provisions into their domestic laws and regulations; and that Chile, Mexico, and Nicaragua are in the process of adopting new domestic legislation on refugees;
UNDERSCORING the importance of the Cooperation Agreement signed on November 12, 2007, by the OAS General Secretariat and the Office of the United Nations High Commissioner for Refugees (UNHCR) to promote international refugee law in the Hemisphere;
RECOGNIZING the commitment assumed by OAS member states to continue extending protection to asylum seekers and refugees on the basis of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, and to seek lasting solutions to their situation;
RECOGNIZING ALSO the efforts that countries of origin are making, with support from the international community, to deal with the circumstances that generate flows of asylum seekers and the importance of persisting in those efforts;
EMPHASIZING the efforts made by some receiving countries of the region, faithful to their generous tradition of asylum even under difficult socioeconomic conditions, to continue extending protection to asylum seekers and refugees;
UNDERSCORING the importance of implementation of the Mexico Plan of Action to Strengthen the International Protection of Refugees in Latin America, adopted by 20 Latin American states on November 16, 2004, in Mexico City, in the context of the commemoration of the 20th anniversary of the 1984 Cartagena Declaration on Refugees, in order to meet protection needs and to make progress in the search for durable solutions for refugees in the region, and the report evaluating its implementation presented by the UNHCR in Geneva, Switzerland, in September 2007;
WELCOMING the initiatives taken in accordance with that Plan of Action by Argentina, Brazil, and Chile to establish and implement the Regional Solidarity Resettlement Program, and the recent incorporation of Uruguay and Paraguay into said program;

UNDERSCORING the importance of international technical and financial cooperation to adequately address, and to find or, as appropriate, support durable solutions to, the situation of refugees and asylum seekers; and noting with satisfaction, in this context, the signing of agreements between the UNHCR and various countries of the region aimed at improving national protection mechanisms;


RECOGNIZING the responsibility of states to provide international protection to refugees on the basis of the principles of international solidarity and responsibility-sharing; and
HIGHLIGHTING the importance of the special meeting of January 29, 2008, on current issues in international refugee law organized by the OAS Committee on Juridical and Political Affairs with support from the Department of International Law of the General Secretariat and from the UNHCR,
RESOLVES:


  1. To reaffirm its support for, and emphasize the relevance and fundamental importance of, the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as the principal universal instruments for the protection of refugees; and to urge the member states that are parties thereto to continue to implement fully and effectively all of their obligations in that regard.




  1. To urge those states parties that have not yet done so to consider, as the case may be, signing, ratifying, or acceding to the international instruments in the area of refugees, and to promote the adoption of procedures and institutional mechanisms for their effective application, in accordance with those instruments.




  1. To support the Mexico Declaration and Plan of Action to Strengthen the International Protection of Refugees in Latin America; and to continue implementing it fully and effectively, with support from the international community and from the Office of the United Nations High Commissioner for Refugees (UNHCR).




  1. To urge member states and the international community to collaborate in and support the strengthening and consolidation of the “Borders of Solidarity,” “Cities of Solidarity,” and “Resettlement in Solidarity” programs proposed in the Mexico Plan of Action.




  1. To reaffirm the importance and the vital role of international cooperation in the search for, and strengthening of, durable solutions to address the situation of refugees and asylum seekers; and to urge member states and the international community to increase technical and economic cooperation to the countries of the Hemisphere that receive refugees and that so require, and to work in cooperation with the UNHCR to provide effective protection to asylum seekers and refugees in the region.

6. To recognize the efforts and the progress that the countries of origin have been making; and to encourage them, to the extent of their ability and with support from the UNHCR and the international community, to continue making efforts to deal with the circumstances that generate flows of asylum seekers.


7. To recognize the efforts and progress that countries of the Hemisphere that receive refugees have made in implementing protection mechanisms, in accordance with international refugee law and the international principles of refugee protection established therein.
8. To instruct the Permanent Council to organize in the second half of 2008, through the Committee on Juridical and Political Affairs and with support from the Department of International Law of the General Secretariat and the collaboration of the UNHCR, a course on international refugee law for staff of the permanent missions of member states to the Organization of American States (OAS), General Secretariat personnel, and other interested persons.
9. To request the Permanent Council to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2403 (XXXVIII-O/08)


STUDY OF THE RIGHTS AND THE CARE OF PERSONS
UNDER ANY FORM OF DETENTION OR IMPRISONMENT
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


RECALLING resolutions AG/RES. 1816 (XXXI-O/01), AG/RES. 1897 (XXXII-O/02), AG/RES. 1927 (XXXIII-O/03), AG/RES. 2037 (XXXIV-O/04), AG/RES. 2125 (XXXV-O/05), AG/RES. 2233 (XXXVI-O/06), and AG/RES. 2283 (XXXVII-O/07);
TAKING INTO ACCOUNT:
That in the inter-American system the member states of the Organization of American States (OAS) undertake to respect and protect the human rights of persons who have been deprived of freedom, including all applicable rights established in the American Declaration of the Rights and Duties of Man and those established in all other human rights instruments to which they are party;
That consultations with the member states on this subject have continued within the Committee on Juridical and Political Affairs (CAJP) and that a number of them have replied to the questionnaire prepared for that purpose (CP/CAJP-1853/01 rev. 1);
The conclusions and recommendations of the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-V), contained in its Final Report (REMJA-V/doc.9/04), and, in particular, the recommendation that the states promote “modernization of prison infrastructure and extend the functions of rehabilitation and social integration of the individual, by improving conditions of detention and studying new penitentiary standards”;
The conclusions and recommendations of the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-VI), including those on a possible inter-American declaration on the rights, duties, and care of persons under any form of detention or imprisonment and those on the feasibility of preparing a hemispheric manual on penitentiary rights, taking as a basis the United Nations Standard Minimum Rules for the Treatment of Prisoners (REMJA-VI/doc.21/06 rev. 1, paragraphs 4.d and b); and
The Recommendations of the First Meeting of Officials Responsible for the Penitentiary and Prison Policies of the OAS Member States (GAPECA/doc.04/03), held in Washington, D.C., on October 16 and 17, 2003;
TAKING NOTE of the “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,” adopted by the Inter-American Commission on Human Rights at its 131st regular session through resolution 01/08; and
OBSERVING WITH CONCERN the critical situation of violence and overcrowding in places of deprivation of freedom in the Americas; and stressing the need to take concrete measures to prevent this situation in order to ensure the exercise of the human rights of persons deprived of freedom,
RESOLVES:


  1. To urge member states to comply, under all circumstances, with all applicable international obligations to respect the human rights of persons under any form of detention or imprisonment, including the rights established in the American Declaration of the Rights and Duties of Man and those established in all other human rights instruments to which they are party.




  1. To instruct the Permanent Council to continue studying the question of the rights and the care of persons under any form of detention or imprisonment, in cooperation with the competent organs and entities of the inter-American system and taking into account the conclusions and recommendations of the Seventh Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas, contained in the Final Report of that meeting (REMJA-VII/doc.7/08 rev. 1), including the reports of the meetings of officials responsible for penitentiary and prison policies.




  1. To request the Inter-American Commission on Human Rights (IACHR), at the request of the Rapporteurship on the Rights of Persons Deprived of Freedom, to continue reporting on the situation of persons under any form of detention or imprisonment in the Hemisphere and, using as a basis its work on the subject, to continue making reference to the problems and best practices it observes.




  1. To congratulate and acknowledge those member states that have invited the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the IACHR to visit their countries, including their detention centers; and to encourage all member states to facilitate such visits.




  1. Also to recognize the important work of the International Committee of the Red Cross, within its sphere of competence, to help persons deprived of liberty in detention centers and prisons to receive humane treatment.




  1. To call upon member states to consider allocating more funds to the IACHR to enable it to support the effective fulfillment of the mandate assigned to its Special Rapporteurship on the Rights of Persons Deprived of Freedom in the Americas.




  1. To reiterate to the Permanent Council that, on the basis of the results of the discussions and studies conducted, including the inputs of the IACHR, such as the document entitled “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas” and the work of the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the IACHR, and the results of the Second Meeting of Officials Responsible for Penitentiary and Prison Policies, to be held pursuant to the REMJA-VII decision, it consider the possibility of drafting an inter-American declaration on the rights, duties, and care of persons under any form of detention or imprisonment, with a view to strengthening existing international standards on these topics, and the feasibility of preparing a hemispheric manual on penitentiary rights, taking as a basis the United Nations Standard Minimum Rules for the Treatment of Prisoners, and that it keep the member states abreast of developments.




  1. To request the Permanent Council to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2404 (XXXVIII-O/08)


Education on Human Rights in Formal Education in the Americas


(Adopted at the fourth plenary session, held on June 3, 2008)



THE GENERAL ASSEMBLY,
RECALLING resolution AG/RES. 2066 (XXXV-O/05), in which the General Assembly of the Organization of American States (OAS) suggested including human rights content and basic activities in the academic curricula of educational institutions, and resolution AG/RES. 2321 (XXXVII-O/07);
CONSIDERING that in the Plan of Action of the First Summit of the Americas, held in Miami in 1994, the Heads of State and Government established that governments should “[d]evelop programs for the promotion and observance of human rights, including educational programs to inform people of their legal rights and their responsibility to respect the rights of others”;
CONSIDERING ALSO that Article 13 of the Inter-American Democratic Charter establishes that “[t]he promotion and observance of economic, social, and cultural rights are inherently linked to integral development, equitable economic growth, and to the consolidation of democracy in the states of the Hemisphere”;
BEARING IN MIND that Article 13.2 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador,” refers to essential factors to which education in each of the states parties should be directed, one of them being respect for human rights;
APPRECIATING the efforts of the Inter-American Institute of Human Rights (IIHR) in producing, uninterruptedly since 2002, five Inter-American Reports on Human Rights Education, which record progress made by the states parties to the Protocol of San Salvador with respect to human rights education;
RECALLING that Article 49 of the Charter of the Organization of American States provides that “[t]he Member States will exert the greatest efforts, in accordance with their constitutional processes, to ensure the effective exercise of the right to education,” taking into account, inter alia, that “[e]lementary education, compulsory for children of school age, shall also be offered to all others who can benefit from it. When provided by the State it shall be without charge”;
CONSIDERING that the right to human rights education from the very first years at school helps strengthen the democratic system, development, security, and progress of the free societies of the Americas;
REAFFIRMING that the Inter-American Democratic Charter regards the promotion and protection of human rights as a prerequisite for the existence of a democratic society;
APPRECIATING the efforts of the Conference of Ministers of Education on Human Rights Education, convened by the Minister of Education of Panama and the IIHR and held in May and June 2007, to strengthen the human rights material incorporated into the member states’ formal educational systems;
RECOGNIZING that effectively incorporating human rights education into the formal educational system, a measure to which all member states are committed, is an aspect of medium- and long-term efforts and therefore requires financial sustainability;
RECOGNIZING ALSO that the IIHR has, in compliance with its mandates, been playing a fundamental role in supporting the inter-American system for the effective incorporation of education on human rights into formal educational systems and in other areas in the countries of the Americas; and
NOTING WITH SATISFACTION the progress made in the implementation of the Inter-American Program on Education for Democratic Values and Practices since its launch in August 2005, and the important role played by the IIHR on the Advisory Board for the Program,
RESOLVES:


  1. To acknowledge the progress, actions, and policies gradually being implemented by member states with respect to human rights education for children and young people in academic institutions, as documented by the Inter-American Reports on Human Rights Education.




  1. To suggest to member states that they implement, if and to the extent that they have not yet done so, the recommendations contained in the Inter-American Reports on Human Rights Education at different levels in their formal education systems.




  1. To suggest to member states that they analyze the contributions of the Curricular and Methodological Proposal of the Inter-American Institute of Human Rights (IIHR) to incorporate human rights education into the official curriculum for children aged 10 to 14, with a view to their adopting it and in accordance with Article 13.2 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador.” Accordingly, to recommend to member states that have not already done so that they adopt, sign, and ratify this instrument.




  1. To underscore the work and achievements of the Inter-American Meeting of Ministers of Education on Human Rights Education in the signatory states to the Protocol of San Salvador, in which participants shared their experience and discussed the curricular and methodological developments needed to introduce or strengthen human rights education in each state party’s educational system.

5. T





o encourage member states to continue supporting the IIHR in educational activities and projects conducted at the national and regional levels under this mandate.
AG/RES. 2405 (XXXVIII-O/08)

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