General assembly thirty-eighth regular session




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DISARMAMENT AND NONPROLIFERATION EDUCATION

(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 Committee on Hemispheric Security (CSH);
RECALLING resolutions AG/RES. 2007 (XXXIV-O/04), AG/RES. 2109 (XXXV-O/05), and AG/RES. 2260 (XXXVII-O/07), “Disarmament and Nonproliferation Education”;
BEARING IN MIND the determination of the international community to promote and adopt specific measures to foster a culture of peace and nonviolence in all countries of the world and the significant contribution that disarmament and nonproliferation education can make in adopting such measures;
TAKING INTO ACCOUNT resolution 57/60, adopted by the United Nations General Assembly on December 30, 2002, which welcomed the United Nations Study on Disarmament and Non-proliferation Education, prepared by the United Nations Secretary-General with the assistance of governmental experts; and taking note of the recommendations contained therein;
RECALLING that some of the recommendations of that study are directed at regional organizations, and that the Organization of American States (OAS) can make a significant contribution to the implementation of these recommendations by promoting disarmament and nonproliferation education activities in the Hemisphere;
TAKING INTO ACCOUNT resolution 61/73, adopted by the United Nations General Assembly on December 6, 2006, which expressed appreciation to Member States, the United Nations, and other international and regional organizations, civil society, and nongovernmental organizations, which, within their purview, had implemented the recommendations made in the study, and encouraged them once again to continue applying them and to report to the Secretary-General on steps taken to that end; and
TAKING NOTE of the results of the special meeting of the CSH on the topic “Disarmament and nonproliferation education,” held on November 15, 2007,
RESOLVES:


  1. To reiterate to member states the invitation contained in resolution AG/RES. 2260 (XXXVII-O/07) to give consideration to the recommendations contained in the aforementioned United Nations study, in order to strengthen education and training for disarmament and nonproliferation.




  1. To instruct the Permanent Council to continue to identify, through the Committee on Hemispheric Security (CSH), relevant actions that could be implemented by the Organization of American States (OAS) to promote disarmament and nonproliferation education in the Hemisphere.




  1. For the purpose set out in the preceding paragraph, to request the Permanent Council to hold a meeting during the first quarter of 2010, in the framework of the CSH, in which the member states and special guests may identify proposals for action by the OAS to promote disarmament and nonproliferation education.




  1. To request the Secretary General to forward this resolution to the United Nations Secretary-General.

5. To request the Permanent Council to report to the General Assembly at its thirty-ninth and fortieth regular sessions 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. 2361 (XXXVIII-O/08)
SIXTIETH ANNIVERSARY OF THE AMERICAN DECLARATION
OF THE RIGHTS AND DUTIES OF MAN
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


CONSIDERING that the Charter of the Organization of American States (OAS) proclaims fundamental human rights as one of the principles of the Organization;
RECALLING that the American Declaration of the Rights and Duties of Man was adopted at the Ninth International Conference of American States (Bogotá, 1948);
UNDERSCORING that the 60th anniversary of the American Declaration falls in 2008;
BEARING IN MIND that the American Declaration was the first international instrument to enumerate basic human rights and recognized that the international protection of those rights should be the principal guide of an evolving American law; and
AWARE that both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have recognized that the American Declaration is a source of international obligations for the OAS member states,
RESOLVES:


  1. To reaffirm the importance of the American Declaration of the Rights and Duties of Man as one of the fundamental instruments of the inter-American human rights system.




  1. To urge all member states to continue to ensure its effective implementation and to step up activities geared toward its promotion.




  1. To invite governments, the General Secretariat, the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights, the Inter-American Institute of Human Rights, and the other pertinent organs, agencies, and entities of the Organization of American States, in accordance with their respective mandates, as well as civil society organizations, to disseminate the Declaration widely, along with other inter-American and international human rights instruments.




  1. To hold a special meeting of the Permanent Council to commemorate the 60th anniversary of the American Declaration of the Rights and Duties of Man.




  1. To encourage states and civil society organizations to organize national and regional activities in commemoration of the 60th anniversary of the American Declaration of the Rights and Duties of Man and to report thereon to the General Secretariat.




  1. To invite the General Secretariat to report to the General Assembly at its thirty-ninth regular session on the programs and activities carried out to commemorate the 60th anniversary of the American Declaration of the Rights and Duties of Man.




  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. 2362 (XXXVIII-O/08)


INTER-AMERICAN PROGRAM FOR UNIVERSAL CIVIL REGISTRY
AND THE “RIGHT TO IDENTITY”
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


TAKING INTO ACCOUNT resolution AG/RES. 2286 (XXXVII-O/07), “Inter-American Program for a Universal Civil Registry and ‘the Right to Identity’”;
RECOGNIZING the obligations of the states parties to the Convention on the Rights of the Child to undertake to respect the right of the child to preserve his or her identity (“right to identity”);
TAKING INTO ACCOUNT the Memorandum of Understanding among the United Nations Children’s Fund and the General Secretariat of the Organization of American States and the Inter-American Development Bank for Cooperation in the Area of Citizen Registration, signed on August 8, 2006, which notes, inter alia, that the General Secretariat is committed to “strengthening governance through the modernization of the state and to the recognition and strengthening of the right to identity through programs and projects to increase access to citizen registration and to build capacity of institutions responsible for registration in Latin America and the Caribbean as the cornerstone of its development activities”;
TAKING NOTE of the document prepared by the Executive Secretariat for Integral Development (CP/CAJP-2482/07), of April 16, 2007, entitled “Preliminary Thoughts on Universal Civil Registry and the Right of Identity”;
RECALLING the Opinion Adopted by the Inter-American Juridical Committee (CJI) on the Scope of the Right to Identity (CJI/doc.276/07 rev. 1);
BEARING IN MIND the Strategic Plan for Partnership for Development 2006-2009, which calls for “[promoting] policy dialogue to share information and best practices among member states and assist in developing effective and efficient government policies” and “[enhancing] individual and institutional capacities in the member states to design and implement cooperation programs, projects, and activities and strengthen the capacity of individuals to contribute to the social and economic development of their countries” [AG/RES. 2201 (XXXVI-O/06)];
CONSIDERING that recognition of the identity of persons is one of the means through which observance of the rights to legal personhood, a name, a nationality, civil registration, and family relationships is facilitated, among other rights recognized in international instruments such as the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights. The exercise of these rights is essential for participation in a democratic society;
RECOGNIZING the promotional and dissemination work carried out by the Inter-American Institute of Human Rights (IIHR) in efforts to strengthen citizen participation and consolidate democracy in the region, and the contributions it has also made to states and the General Secretariat through its technical advice and assistance;
CONSIDERING that non-recognition of identity can mean that a person has no legal proof of his or her existence, which makes it difficult to exercise fully his or her civil, political, economic, social, and cultural rights;
EMPHASIZING the importance of civil registries as state institutions that can guarantee recognition of the identity of persons and, therefore, the advisability of strengthening them to ensure that their scope is universal, taking into account the rich and varied diversity of cultures;
RECALLING that the Inter-American Democratic Charter establishes that it is the right and responsibility of all citizens to participate in decisions relating to their own development;
COMMITTED to building just, equitable societies based on the principles of social justice and social inclusion;
TAKING NOTE of the First Latin American Regional Conference on Birth Registration and the Right to Identity, held in Asunción, Paraguay, from August 28 to 30, 2007, with indigenous leaders and leaders of African descent participating prominently;
TAKING NOTE ALSO of the Meeting to Receive Inputs on the Draft Inter-American Program for Universal Civil Registry and the “Right to Identity,” held at the headquarters of the Organization of American States (OAS) on December 5, 2007, in which there was broad participation by member states and governmental experts and by representatives of competent organs, agencies, and entities of the inter-American system, multilateral and intergovernmental organizations, and civil society organizations;
TAKING INTO ACCOUNT the Progress Report on the Application of the Memorandum of Understanding among the United Nations Children’s Fund and the General Secretariat of the Organization of American States and the Inter-American Development Bank for Cooperation in the Area of Citizen Registration, presented by the General Secretariat at the meeting of the Working Group to Prepare an Inter-American Program for Universal Civil Registry and the “Right to Identity” held on April 11, 2008 (CAJP/GT/DI-29/08);
VALUING the contributions received from member states, specialized organs and agencies and competent entities of the inter-American system, and civil society organizations to the efforts of the Working Group to Prepare an Inter-American Program for Universal Civil Registry and the “Right to Identity”; and
EXPRESSING ITS SATISFACTION with the report of the Working Group to Prepare an Inter-American Program for Universal Civil Registry and the “Right to Identity” (CAJP/GT/DI-33/08), in which, in compliance with its mandate set forth in resolution AG/RES. 2286 (XXXVII-O/07), it presents a Draft Inter-American Program for Universal Civil Registry and the “Right to Identity,”
RESOLVES:


  1. To adopt the Inter-American Program for Universal Civil Registry and the “Right to Identity,” which forms part of this resolution.




  1. To instruct the General Secretariat to provide, through the Executive Secretariat for Integral Development, to member states that so request necessary assistance in implementing the Inter-American Program for Universal Civil Registry and the “Right to Identity,” promoting the improvement and enhancement of their civil registry systems and the adoption of universal civil registration.




  1. To urge the member states to continue adopting measures to ensure full recognition of the right to identity, emphasizing that non-recognition of identity can mean that a person has no legal proof of his or her existence, which makes it difficult to exercise fully his or her civil, political, economic, social, and cultural rights.




  1. To request the Permanent Council to continue supporting efforts under the Memorandum of Understanding among the United Nations Children’s Fund and the General Secretariat of the Organization of American States and the Inter-American Development Bank for Cooperation in the Area of Citizen Registration.




  1. To request the General Secretariat to continue increasing its cooperation with other specialized organizations and agencies of the inter-American and international systems on matters of citizen registration.




  1. To urge the states that participated in the First Latin American Regional Conference on Birth Registration and the Right to Identity to implement the recommendations that emerged from it that seek to develop and strengthen the capacity of the registered institutions.




  1. To instruct the Permanent Council to hold, in the first half of 2010, a special meeting of the Committee on Juridical and Political Affairs to review the status of implementation of the aforementioned Inter-American Program on the basis of information provided by the states and of a progress report prepared by the General Secretariat, with a view to making such changes in the Program as are deemed appropriate in order to achieve universal civil registration by 2015. That meeting may include contributions from experts in the field, civil society organizations, and organs, agencies, and entities of the inter-American and international systems.




  1. To instruct the General Secretariat to support the maintenance of the Inter-American Virtual Forum for Universal Civil Registry and the Right to Identity, which is intended to promote discussion, the fostering and sharing of experiences and lessons learned, and dissemination of knowledge on matters of identity and civil registry in the region.




  1. To request the Inter-American Children’s Institute (IIN) to continue working on the topic “[t]o ensure children’s right to identity and citizenship,” as set out in its Strategic Plan 2005-2008, as well as on universal birth registration, in accordance with its Action Plan 2007-2011. Likewise, to instruct the IIN to join forces with the General Secretariat to achieve the objectives of the Inter-American Program for Universal Civil Registry and the “Right to Identity,” and to keep the Permanent Council informed of progress and obstacles in the region.

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

INTER-AMERICAN PROGRAM FOR

UNIVERSAL CIVIL REGISTRY AND THE “RIGHT TO IDENTITY”

The Inter-American Program for Universal Civil Registry and the Right to Identity is a consolidated effort by the OAS and its member states, in consultation with international organizations and civil society, to promote and achieve in a progressive manner and in accordance with international law, applicable international human rights law, and domestic law, the purposes, objectives, and specific measures set forth below:


PURPOSE


  • Ensure that by 2015 birth registration, which is used to ensure the right to identity, with emphasis on persons in poverty and at risk, is universal, accessible, and, if possible, cost-free.




  • Identify and promote best practices, criteria, and standards for civil registry systems and their universalization, in order to address the problems and overcome the obstacles that arise in this area, taking the gender perspective into account, as well as raise awareness of the need effectively to establish the identity of millions of persons, taking into account vulnerable groups and the rich diversity of cultures in the Americas.




  • Promote and protect the rights to identity; juridical personality; a name; a nationality; inscription in the civil registry; family relations; and citizen participation as an essential element of decision-making.




  • Contribute to building just and equitable societies based on the principles of social justice and social inclusion.

OBJECTIVES


In accordance with the guidelines contained in operative paragraph 4 of resolution AG/RES. 2286 (XXXVII-O/07), “Inter-American Program for Universal Civil Registry and the “Right to Identity,” the Program pursues the following objectives:


  1. Universalization and accessibility of civil registry and the right to identity




  1. The member states will strengthen and/or, where applicable, develop national institutions responsible for conducting universal civil registration.




  1. The member states, with the support of the General Secretariat when such support is requested, will work to ensure that the birth registry, which is used to ensure the right to identity, with emphasis on persons in poverty and at risk, is universal, accessible, and, if possible, cost-free.




  1. They will also promote a multidimensional approach to this topic, considering its relationship with enjoyment of rights and freedoms, with the modernization and transparency of state institutions, and with citizen participation1/ in the democratic societies of the Hemisphere. Moreover, this approach should take into account the rich and varied cultures in the Americas.




  1. Strengthening of policies, public institutions, and legislation




  1. The states will develop public and institutional policies and adopt legislative measures to improve civil registry systems, taking into account the contributions of specialized bodies and international organizations.




  1. The states will guarantee the administrative and procedural autonomy of civil registries in order to safeguard their independence.




  1. Through appropriate legislation, the states will guarantee the confidentiality of the personal information gathered by the civil registry systems, applying the principles of personal data protection and the conditions needed to ensure its physical and legal security and to protect against forgery and adulteration.




  1. In accordance with their domestic laws, the states will promote the cost-free use of administrative procedures in connection with registration processes in order to simplify and decentralize them, while leaving recourse to the judicial system as a last resort.




  1. The states will secure an adequate endowment of human and economic resources for their civil registries to enable them to be effective in promoting the accessibility and universality of civil registry and protecting the right to identity of all persons.




  1. The states will ensure that people may consult the information about themselves that the states possess. The state will promote to that end, in an expeditious and simple manner, the use of information and telecommunication technologies.




  1. Citizen participation and awareness




  1. The member states, with the support of the General Secretariat when such support is requested, will promote citizen participation and awareness through the universalization of civil registry to protect and demand the effective exercise of and respect for the right to identity, especially with regard to the formulation of public policies and legislative proposals conducive to those ends.




  1. Identification of best practices




  1. The General Secretariat, with the support of the member states, will identify the best practices employed to guarantee–with a gender perspective–the different elements that make up the right to identity, paying particular heed to the challenges posed by poverty, social exclusion, multicultural, multilingual, and multiethnic contexts, and, especially, vulnerable groups.

  1. International and regional cooperation




  1. The states will foster international and regional cooperation as an effective tool in support of the efforts of member states, trying to ensure that it leads to partnerships among the different players at the national, regional, and international level, with an emphasis on the sharing of and benefiting from successful experiences, including those where social programs have been implemented to guarantee the right to identity, by issuing the corresponding public identity documents.




  1. The states will, to the extent possible, consider factors aimed at harmonizing laws in force in the various member states in the area of the identity of persons.




  1. The states will foster uniformity in registry systems, so as to obtain instruments that will enable their use in the various member states.




  1. Follow-up on implementation of the Program




  1. The Permanent Council, with the technical support of the General Secretariat, will follow-up on the commitments and implementation of this Program.

SPECIFIC MEASURES




  1. Universalization and accessibility of civil registry and the right to identity

a. The states will guarantee access, without discrimination, by all persons to registries.




  1. The states, with the support of the General Secretariat when such support is requested, will secure the implementation of modern mechanisms for facilitating access to civil registry. To that end, they will promote, inter alia, the establishment of mobile offices, the use of technology, the coverage of civil registry offices within their territory and their on-line connectivity, the issuance of registry certificates through teller machines, joint field trips, and auxiliary registrars.

c. The states will ensure registration of the births of all those born in their territory, regardless of the migration status of the child’s parents, in accordance with their domestic law.




  1. Strengthening of policies, public institutions, and legislation




    1. The states will establish and carry out policies, rules, and other measures aimed at eliminating practices of racism, discrimination, and intolerance in their civil registry systems.




    1. The General Secretariat will provide technical assistance to governments that so request in the modernization of their identity registries, in national plans to restore identity, and in the updating of vital statistics.




    1. The states will, where applicable, pay special attention to zones affected by conflicts and/or natural disasters, in which civil registries have been destroyed, implementing special procedures for the recovery of the information.




    1. The states will promote the enforcement throughout their territory of applicable legal instruments related to civil registry, including, as appropriate, those at the national level, and international conventions, agreements, and treaties on the subject.




    1. The states will strive to include in their regulatory systems, where applicable, a cost-free service for correcting mistakes in registry certificates that affect the identity of persons.




    1. The General Secretariat will prepare draft model legislation covering the technical, administrative, financial, and logistical aspects needed to ensure implementation of the Program, taking into account the diversity of cultures, languages, ethnic groups, and legal systems in the region and ensuring full respect of the confidentiality and the authenticity of personal information. Member states will evaluate, as the case may be, the possibility of adopting such draft model legislation.




    1. The states may request the cooperation of the General Secretariat in support of their efforts to identify, systematize, and standardize the basic criteria and standards needed to ensure that national civil registry systems can function properly and to guarantee universal coverage.




    1. The states will protect the information in their civil registries by using highly reliable electronic security systems.




    1. The states will promote the simplification of civil registry administrative processes and their standardization at the national level.




    1. The states will strive to adopt all measures aimed at consolidating respect for the linguistic diversity of the region and indigenous names.




    1. The states will register all girls and boys immediately after birth and will promote late registration of adults in accordance with their domestic legislation and any obligations they have incurred by virtue of pertinent international instruments. To that end, with the support of the General Secretariat and specialized agencies of the inter-American system when such support is requested, the states will strive to acquire the required technological equipment and software.




    1. The states, with the support of the General Secretariat when such support is requested, will promote the design and execution of massive civil registry campaigns that include all relevant measures to guarantee access to registration and the actual registration of boys and girls, adolescents, and adults.




    1. Likewise, the states will promote late registration of those adults who have not been registered, thereby attempting to ensure that registration of the parents helps to ensure effective registration of their children.

    2. The states will foster the establishment of administrative procedures for processes involving the correction of certificates and late registry, and others, with a view to ensuring the accessibility and universality of civil registry.




    1. The states will strengthen their consulates to facilitate the issuance of registry certificates and identity documents for their nationals living abroad.




    1. The states will promote the universalization of birth registration as a means of preventing and combating statelessness and, where applicable, they will promote the reforms needed in accordance with the respective provisions of international law.




  1. Citizen participation and awareness




  1. The states will promote the development of ongoing sensitization and awareness-raising plans targeting officials and civil servants in all branches of the state, and all sectors of society, emphasizing promotion and protection of the rights to legal personhood, a name, a nationality, and civil registration, and promote the elimination of stereotypes and discrimination.




  1. The states will foster and support the implementation of awareness programs and/or campaigns for the population directed especially at the segments of the population living in poverty, indigenous peoples, and other vulnerable groups, on the importance and necessity of properly registering the newly born, and the population in general, and on the repercussions of improper registration for the enjoyment of other rights. Those campaigns will be directed with particular emphasis on mothers, fathers, guardians, or legal representatives.




  1. The states will encourage cooperation among the authorities of states and civil society organizations, as appropriate and in accordance with domestic laws, in order to foster the co-responsibility of both citizens and states for solving the problem of underregistration in the establishment of stable and effective networks.




  1. The General Secretariat, together with the states, will promote the participation of civil society organizations in the execution of the Program, in accordance with the Guidelines for Participation by Civil Society Organizations in OAS Activities.




  1. The states will promote civil society participation in execution of the Program.




  1. The states will foster and develop instructional campaigns to make parents and guardians aware of and sensitive to the importance of civil registry of minors with issuance of the corresponding public identity document.




  1. The states will promote periodic training sessions for school teachers aimed at fostering a culture conducive to the protection and effective exercise of the right to identity among students and parents.




  1. The states will take advantage of services and programs provided by the state to verify that all children accessing them have their civil registry IDs. If they do not, parents and guardians should be helped with the process of applying for and obtaining them.




  1. The states will work with indigenous communities and any other under-registered ethnic group, to raise awareness on and sensitivity to the importance of the need to register their members and obtain the corresponding public identity document, while fully respecting their forms of organization and their authorities.




  1. Identification of best practices




  1. The General Secretariat will draw up a catalogue of best practices, criteria, and standards with respect to civil registry, taking into account the specific needs of the member states, in order to identify technical and practical factors–such as use of technology, customer service quality, performance indicators, information management, and national civil registry plans, to name but a few–that might be used by the countries in the region to ensure universalization of civil registry, bearing in mind each country’s cultural, linguistic, and ethnic diversity and the region’s already existing legal systems.




  1. International and regional cooperation




  1. The states will foster international and regional cooperation and the sharing of experiences, information, and human resources with a view to drawing upon the successful experiences of countries that have implemented social programs to guarantee the right to identity of their population by issuing the appropriate government identification documents.




  1. The General Secretariat will promote and support the exchange of experiences and the integration of common fields, which will make it possible, when the states so agree, to share information among the parties and to draw up programs and projects for strengthening the institutions in charge.




  1. The states, with the support of the General Secretariat and the specialized agencies of the inter-American system when such support is requested, may, in implementing the Program, take into account the national plans drawn up at the First Latin American Regional Conference on Birth Registration and the Right to Identity (Paraguay, August 28 to 30, 2007).




  1. The General Secretariat will continue working in coordination with the Inter-American Development Bank (IDB) and the United Nations Children’s Fund (UNICEF) so that they can report on the problems of underregistration and promotion of the right to identity in the region and on the impact that the Inter-American Program for Universal Civil Registry and the “Right to Identity” might have on the improvement of registry systems.




  1. The General Secretariat will work in coordination with the Inter-American Children’s Institute (IIN) and will support its work on universal birth registration and the right to identity.




  1. The General Secretariat will strengthen ties and foster partnership for development and coordination activities with other regional and international bodies and civil society organizations working in the Americas, with a view to ensuring effective policy and optimal management of resources for proper implementation of the Program.




  1. Follow-up on implementation of the Program




  1. The General Secretariat will provide the assistance required by member states that request it in order to improve and develop their civil registry systems and to achieve implementation of the Program.




  1. Hold a special meeting in the CAJP framework in 2010 to assess progress with implementation of the Program, based on the information provided by the states and a progress report by the General Secretariat, with a view to making any changes to the Program that are deemed appropriate in order to reach the goal of achieving universal civil registry by 2015. That meeting may benefit from the contributions of experts in this field, civil society organizations, and the organs, agencies, and entities of the inter-American and global systems.




  1. Strengthen the General Secretariat by endowing it appropriately with the human and financial resources needed to execute the Program in accordance with the availability of said resources and the Organization’s internal rules and procedures.

STRATEGIES




  1. The states will promote implementation of the Inter-American Program through their policies and, if considered necessary, in their legislation, and by furnishing the resources needed to execute and monitor it.




  1. The states will promote the evaluation and, where applicable, updating and improvement of their legal systems and institutional and organizational structures, in accordance with international human rights instruments and taking into account the best practices, technical tools, and experiences of other member states.




  1. The states will further promote the establishment of effective international and intergovernmental cooperation mechanisms, in order to improve their laws and policies, including–to the extent possible–their harmonization, and to share information regarding the Program’s objectives.




  1. The states will promote citizen participation and that of social organizations in the process of preparing and implementing public policies for combating underregistration and protecting universal access to civil registry and the right to identity.




  1. The states, taking into account the existence of particularly vulnerable segments of the population who are adversely affected by underregistration and the lack of identity documents, will promote the design and implementation of policies aimed at overcoming this situation, and will foster social and institutional awareness campaigns and initiatives to address this issue, in addition to building these goals into all public policies on health, education, culture, and so on.

AG/RES. 2363 (XXXVIII-O/08)
SOCIAL CHARTER OF THE AMERICAS: RENEWAL OF THE HEMISPHERIC
COMMITMENT TO FIGHT POVERTY IN THE REGION
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


HAVING SEEN:
Resolutions AG/RES. 2056 (XXXIV-O/04) and AG/RES. 2139 (XXXV-O/05), “Draft Social Charter of the Americas: Renewal of the Hemispheric Commitment to Fight Extreme Poverty in the Region”; and AG/RES. 2241 (XXXVI-O/06), “Social Charter of the Americas: Renewal of the Hemispheric Commitment to Fight Extreme Poverty in the Region”; and AG/RES. 2278 (XXXVII-O/07) “Social Charter of the Americas: Renewal of the Hemispheric Commitment to Fight Poverty in the Region”; and
The report on the implementation of resolution AG/RES. 2278 (XXXVII-O/07) (CP/doc.4313/08);
CONSIDERING that the Charter of the Organization of American States (OAS) establishes as one of the Organization’s essential purposes the eradication of extreme poverty, which constitutes an obstacle to the full democratic development of the peoples of the Hemisphere;
BEARING IN MIND:
That the Inter-American Democratic Charter states that democracy is essential for the social, political, and economic development of the peoples of the Americas;
That the Inter-American Democratic Charter also states that poverty, illiteracy, and low levels of human development are factors that adversely affect the consolidation of democracy; and
That the promotion and observance of civil, political, economic, social, and cultural rights are inherently linked to integral development and to equitable economic growth;
RECALLING the Declarations of the Summits of the Americas, the Declaration of Margarita on poverty, equity, and social inclusion, the Monterrey Consensus, and other pertinent OAS documents;
TAKING INTO ACCOUNT that the elimination of extreme poverty is an essential part of the promotion and consolidation of the democratic framework and is the common and shared responsibility of the states of the Americas;
BEARING IN MIND that the Heads of State and Government of the Americas, in the Declaration of Mar del Plata, adopted at the Fourth Summit of the Americas, encouraged the work of the OAS in drafting the Social Charter of the Americas and its Plan of Action, “whose principles and objectives will be directed towards the achievement by member states of societies that offer all of our citizens more opportunities to benefit from sustainable development with equity and social inclusion”;
RECALLING the proposal by the Bolivarian Republic of Venezuela that, once the work on the Social Charter of the Americas and its Plan of Action has been concluded, a special session of the General Assembly be held to adopt them;
ACCEPTING WITH PLEASURE the offer by the Bolivarian Republic of Venezuela to host that above-mentioned special session of the General Assembly;
REAFFIRMING the moral and political commitment to combat poverty in the region; and
CONVINCED, therefore, of the pressing need to make all necessary efforts to advance more rapidly in preparing the Social Charter of the Americas and its Plan of Action,
RESOLVES:


  1. To welcome the report on the implementation of resolution AG/RES. 2278 (XXXVII-O/07), “Social Charter of the Americas: Renewal of the Hemispheric Commitment to Fight Poverty in the Region,” which reflects substantive progress in the work of drafting of the Social Charter of the Americas carried out by the Joint Working Group of the Permanent Council and the Permanent Executive Committee of the Inter-American Council for Integral Development (CEPCIDI), in fulfillment of the mandate contained in that resolution.




  1. To renew the commitment it undertook and entrusted to the Joint Working Group of the Permanent Council and CEPCIDI to work intensively to conclude negotiations on the Draft Social Charter of the Americas and its Plan of Action; and to express the sincere political will of all our countries to conclude and adopt those documents before April 2009.




  1. To reiterate the mandate given to the Permanent Council and CEPCIDI to jointly prepare a draft Social Charter of the Americas and a Plan of Action, which includes the principles of social development and establishes specific goals and targets that reinforce the existing instruments of the Organization of the American States (OAS) on democracy, integral development, and the fight against poverty.




  1. To instruct the OAS Executive Secretariat for Integral Development to prepare the Draft Plan of Action, conceived for the attainment of specific, feasible goals, on the basis of existing mandates, and following the structure of the Social Charter of the Americas.




  1. To instruct the Permanent Council to consider, once the negotiations process has concluded, convening a special session of the General Assembly, taking into account the offer of the Bolivarian Republic of Venezuela to host it, for the adoption of the Social Charter of the Americas and its Plan of Action.




  1. To request the Permanent Council and CEPCIDI to present the results of their work to the General Assembly for consideration and adoption.

AG/RES. 2364 (XXXVIII-O/08)
PROMOTION OF THE INTERNATIONAL CRIMINAL COURT2/
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


RECALLING resolutions AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1709 (XXX-O/00), AG/RES. 1770 (XXXI-O/01), AG/RES. 1771 (XXXI-O/01), AG/RES. 1900 (XXXII-O/02), AG/RES. 1929 (XXXIII-O/03), AG/RES. 2039 (XXXIV-O/04), AG/RES. 2072 (XXXV-O/05), AG/RES. 2176 (XXXVI-O/06), and AG/RES. 2279 (XXXVII-O/07);
RECALLING ALSO the recommendation of the Inter-American Commission on Human Rights (IACHR) (OEA/Ser.L/V/II.102, Doc. 6 rev., April 16, 1999, Chapter VII, 21.3.B), as well as its resolution No. 1/03, on the prosecution of international crimes, and the document “Framework for OAS Action on the International Criminal Court” (AG/INF.248/00);
RECOGNIZING that the adoption of the Rome Statute of the International Criminal Court was a milestone in efforts to combat impunity, and that it and the Court are fundamental components of the international criminal justice system and that they constitute effective instruments for consolidating international criminal law and international justice and peace;
NOTING WITH CONCERN the continuation in some parts of the world of persistent violations of international humanitarian law and international human rights law; and reaffirming that all states have the primary duty to investigate, prosecute, and punish those violations so as to prevent their recurrence and avoid the impunity of the perpetrators of those crimes, by taking measures whether at the national or the international level, including, as appropriate, referral to the International Criminal Court;
CONVINCED of the importance of preserving the effectiveness and legal integrity of the Rome Statute, including the jurisdiction of the International Criminal Court; and recognizing the essential role of the Vienna Convention on the Law of Treaties and the firm resolve of the states parties to preserve them;
WELCOMING the 10th anniversary of the adoption of the Rome Statute of the International Criminal Court on July 17, 1998, and its entry into force on July 1, 2002, the date on which the Court became the international judicial body complementing the efforts of national jurisdictions to prosecute the perpetrators of the most serious international crimes, such as genocide, crimes against humanity, and war crimes;
MINDFUL of the importance of effective cooperation from the states, from the United Nations, including the Security Council, and from other international and regional organizations, and of support from civil society, to the effective functioning of the International Criminal Court;
NOTING in this respect that Article 87.6 of the Rome Statute recognizes the role intergovernmental organizations can play in providing cooperation to the Court and that, in its resolution ICC-ASP/6/Res. 2, contained in ICC publication ICC-ASP/6/20, the Assembly of States Parties, at its sixth session, renewed its invitation to other relevant organizations to consider concluding such agreements with the Court;
WELCOMING that 106 states have now ratified or acceded to the Rome Statute, among them 23 members of the Organization of American States (OAS);
NOTING WITH GRATIFICATION:
The work done by Costa Rica as President of the Assembly of States Parties to the Rome Statute of the International Criminal Court and the participation by Belize, Bolivia, and Peru as members of the Bureau of said Assembly of States Parties during the 2005-2008 term; and
That 12 member states of the Organization have ratified or acceded to the Agreement on Privileges and Immunities of the International Criminal Court, the most recent among them being Mexico in 2007 and Honduras in 2008; and that others are in the process of doing so;
NOTING the outcome of the sixth session of the Assembly of States Parties to the Rome Statute, held from November 30 to December 14, 2007, especially resolution ICC-ASP/6/Res.2, “Strengthening the International Criminal Court and the Assembly of States Parties,” of December 14, 2007;
NOTING ALSO the results of the Hemispheric Seminar “Toward the First Review Conference of the Rome Statute of the International Criminal Court,” held in Mexico City in August 2007, and of the meeting of legislators of the Central American region, the Dominican Republic, Mexico, and Panama on incorporation of war crimes into international criminal law, held in San José, Costa Rica, on June 7 and 8, 2007;
RECOGNIZING the important work of the Coalition for the International Criminal Court with member states in promoting and defending the Rome Statute;
EXPRESSING ITS SATISFACTION with the progress made by the International Criminal Court in developing into a fully operational judicial body, as well as with the forthcoming beginning of its first trial and the detention and surrender of the alleged perpetrators of crimes under its jurisdiction, which mark the beginning of a new phase for the Court;
CONVINCED of the importance of continuing to address problems identified in implementing fully United Nations Security Council resolution 1593 (2005), of March 31, 2005, and the need to step up, to that end, international assistance and cooperation with the International Criminal Court and the Office of the Prosecutor in efforts to combat impunity;
EXPRESSING ITS SATISFACTION with the holding, at the Organization’s headquarters, on January 28, 2008, of the Working Meeting on the International Criminal Court, within the framework of the Committee on Juridical and Political Affairs and with support from the Office of International Law, in which representatives of the International Criminal Court, international organizations, and civil society organizations participated; and taking note of the results of that meeting, contained in the Rapporteur’s report (CP/CAJP-2569/08);
RECOGNIZING the results of the informal meeting to address the mandate of the Inter-American Juridical Committee to prepare a model law on cooperation between states and the International Criminal Court, held at OAS headquarters on January 28, 2008;
TAKING INTO ACCOUNT the report of the Inter-American Juridical Committee presented pursuant to resolution AG/RES. 2279 (XXXVII-O/07) (CP/doc.4260/08), as well as resolution CJI/RES. 140 (LXXII-O/08), “Promotion of the International Criminal Court”; and
TAKING NOTE of the Annual Report of the Permanent Council to the General Assembly (AG/doc.4820/08),
RESOLVES:


  1. To renew its appeal to those member states of the Organization that have not already done so to consider ratifying or acceding to, as the case may be, the 1998 Rome Statute of the International Criminal Court and to cooperate in promoting universal accession thereto.




  1. To urge member states of the Organization that are parties or signatories to the Rome Statute to promote and respect its intent and its purpose, in order to preserve its effectiveness and integrity and bring about its universal adoption.




  1. To remind the member states of the Organization that are parties to the Rome Statute that it is important to continue to take measures with a view to its full and effective implementation, including those necessary to adapt or amend their domestic law, as necessary, and the adjustments necessary to define war crimes in accordance with definitions contained in applicable instruments of international humanitarian law, especially Additional Protocol I to the Geneva Conventions, or of international human rights law.




  1. To urge the member states of the Organization to cooperate to the greatest extent possible among themselves and, as appropriate, with the International Criminal Court, so as to avoid the impunity of the perpetrators of the most serious international crimes, such as war crimes, crimes against humanity, and genocide, ensuring that their national legislation facilitates said cooperation, applies to crimes within the jurisdiction of the International Criminal Court, and establishes their imprescriptibility.




  1. To urge the member states of the Organization to consider ratifying or acceding to, as the case may be, the Agreement on Privileges and Immunities of the International Criminal Court and, in the case of those states that are already party to that Agreement, to take the necessary measures for its full and effective implementation at the national level.




  1. To encourage states to contribute to the trust fund established by the Assembly of States Parties to the Rome Statute for the benefit of victims of crimes within the jurisdiction of the International Criminal Court, and of the families of such victims, as well as to the fund for the participation of least developed countries.




  1. To invite member states to participate actively in the work of the Assembly of States Parties, as states parties or observers, where appropriate, with the purpose, among others, of stepping up discussions on the review conference planned for 2010 and ensuring the integrity of the Rome Statute.




  1. To request the Inter-American Juridical Committee, on the basis of its proposal to prepare a model law on cooperation between states and the International Criminal Court, to promote, insofar as it is able and with support from civil society, the adoption of said law in states that do not yet have a law in the area, and, with collaboration from the General Secretariat and the Secretariat for Legal Affairs, to provide support for and promote in member states the training of administrative and judicial officials and academics for that purpose, and to report on progress thereon to the General Assembly at its fortieth regular session.




  1. To request the General Secretariat to continue its efforts toward the conclusion of a cooperation agreement with the International Criminal Court and to keep the member states informed of progress in negotiations with the International Criminal Court or any of its organs in that regard.




  1. To request the Permanent Council to hold a working meeting, with support from the Department of International Law, on appropriate measures that states should take to cooperate with the International Criminal Court, which should include a high-level dialogue among member states. The International Criminal Court, international organizations, and nongovernmental organizations will be invited to cooperate and participate in this working meeting.




  1. To request the Permanent Council to include the topic of the implementation of the Rome Statute and of the Agreement on Privileges and Immunities on the agenda of the Committee on Juridical and Political Affairs.




  1. To request the Secretary General to promote, at the headquarters of the Organization of American States and with the sponsorship of interested member states and other interested entities or organizations, activities to commemorate the 10th anniversary of the adoption of the Rome Statute of the International Criminal Court.




  1. To request the Secretary General 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. 2365 (XXXVIII-O/08)



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