General assembly thirty-eighth regular session




старонка7/28
Дата канвертавання24.04.2016
Памер1.31 Mb.
1   2   3   4   5   6   7   8   9   10   ...   28


DRAFT AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES


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


THE GENERAL ASSEMBLY,


RECALLING resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES. 1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00), AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), AG/RES. 1919 (XXXIII-O/03), AG/RES. 2029 (XXXIV-O/04), AG/RES. 2073 (XXXV-O/05), AG/RES. 2234 (XXXVI-O/06), and AG/RES. 2294 (XXXVII-O/07); and
HAVING SEEN the report of the Chair of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples on the activities carried out in 2007 and 2008 (GT/DADIN/doc.340/08), as well as the document of the Meeting for Reflection, held from November 26 to 28, 2007, on the Meetings of Negotiations in the Quest for Points of Consensus (GT/DADIN/doc.324/08 rev. 1 ) and the report on the Eleventh Meeting of Negotiations in the Quest for Points of Consensus (GT/DADIN/doc.339/08), held from April 14 to 18, 2008,
RESOLVES:


  1. To reaffirm that the adoption of the American Declaration on the Rights of Indigenous Peoples remains a priority for the Organization of American States (OAS), emphasizing the importance of full and effective participation by the indigenous peoples in preparing the draft Declaration.




  1. To renew the mandate of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples to continue holding its Meetings of Negotiations in the Quest for Points of Consensus, so as to complete the drafting of the Declaration, on the basis of the “Record of the Current Status of the Draft American Declaration on the Rights of Indigenous Peoples” (GT/DADIN/doc.334/08) and taking into consideration the “Compendium of Proposals of Negotiations in the Quest for Points of Consensus Held by the Working Group” (GT/DADIN/doc.255/06 add. 2 rev. 2), as well as the report on the Meeting for Reflection (GT/DADIN/doc.324/08 rev. 1) and other pertinent documents of the Working Group.




  1. To request the Permanent Council to instruct the Working Group to:




    1. Hold, between September 2008 and March 2009, up to three meetings, each of up to five days, one of them a special meeting for evaluation and strengthening of the negotiation process and for the proposal of specific actions for addressing the issues, and the two others Meetings of Negotiations in the Quest for Points of Consensus for negotiation of the document “Record of the Current Status of the Draft American Declaration on the Rights of Indigenous Peoples.” At least one of the three meetings is to be held at the headquarters of the Organization;

    2. Ensure that the Chair of the Working Group engages in informal consultations with those involved in the process and presents the conclusions thereof in a document for the special meeting for submission to the Working Group for consideration;




    1. Take the appropriate measures to ensure effective participation by representatives of indigenous peoples; and




    1. Seek consensual solutions that address the needs of the indigenous peoples and the specific characteristics of the region.




  1. To request the Selection Board of the Specific Fund to continue to work according to the principles of transparency established in resolution CP/RES. 873 (1459/04), “Amendments to the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples.”

5. To request the General Secretariat and the organs, agencies, and entities of the Organization to lend their valuable support to the process of drafting the American Declaration on the Rights of Indigenous Peoples; and to thank them for their ongoing contribution to that process.




  1. To request the Permanent Council to report to 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. 2369 (XXXVIII-O/08)



MEETING OF MINISTERS OF JUSTICE OR OTHER MINISTERS OR
ATTORNEYS GENERAL OF THE AMERICAS (REMJA)



(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 as it pertains to the implementation of resolution AG/RES. 2266 (XXXVII-O/07), “Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas: Support for the REMJA Process”;
RECALLING that, in the Summits of the Americas, the Heads of State and Government have supported the work done in the context of the Meetings of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJAs) and the implementation of their conclusions and recommendations;
BEARING IN MIND that in the Declaration on Security in the Americas the states of the Hemisphere reaffirmed “that the Meetings of Ministers of Justice or Ministers or Attorneys General of the Americas (REMJA) and other meetings of criminal justice authorities are important and effective fora for promoting and strengthening mutual understanding, confidence, dialogue, and cooperation in developing criminal justice policies and responses to address new threats to security”;
TAKING INTO ACCOUNT that, in resolution AG/RES. 2266 (XXXVII-O/07), the General Assembly decided to convene REMJA-VII, which was held in the United States of America from April 28 to 30, 2008; and
TAKING INTO ACCOUNT ALSO the contributions made at the Third Meeting of Central Authorities and Other Experts on Mutual Assistance in Criminal Matters and Extradition, held in Bogotá, Colombia, in September 2007; the Fifth Meeting of the Group of Governmental Experts on Cyber-crime, held in Washington, D.C., in November 2007; and the Technical Meeting to prepare a comprehensive draft document on the REMJA process, held in Washington, D.C., in March 2008,
RESOLVES:


  1. To express its satisfaction with the results of the Seventh Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA-VII), held in Washington, D.C., from April 28 to 30, 2008, and of the technical meetings that preceded it, in the framework of the REMJA process, and to emphasize the adoption at said meeting of the Document of Washington, which institutionalizes said process, formally establishing the organization and functioning of the REMJA.




  1. To thank the Government of the United States for its successful organization of the aforementioned ministerial meeting.




  1. To endorse the “Conclusions and Recommendations of REMJA-VII,” which are appended to this resolution and form an integral part thereof.




  1. To accept with appreciation the offer of Brazil to host REMJA-VIII, which is to be held in 2010.




  1. To accept with appreciation the offer of Chile to host the Second Meeting of Officials Responsible for the Penitentiary and Prison Policies of the OAS Member States, which is to be held from August 27 to 29, 2008, in Valdivia.




  1. To instruct the Permanent Council to duly follow up on the “Conclusions and Recommendations of REMJA-VII” and, pursuant thereto, to convene the following meetings, which will be carried out within the resources allocated in the program-budget of the Organization and other resources, taking into account the progress already made in preparing for them:




  1. Meeting of Specialists in Forensic Investigation;




  1. Sixth Meeting of the Group of Governmental Experts on Cyber-crime;




  1. Second Meeting of National Authorities on Trafficking in Persons; and




  1. Fourth Meeting of Central Authorities and Other Experts on Mutual Assistance in Criminal Matters and Extradition, to be held in El Salvador in 2009.

7. 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.


APPENDIX
SEVENTH MEETING OF MINISTERS OF JUSTICE OR OEA/Ser.K/XXXIV.7.1

OTHER MINISTERS OR ATTORNEYS GENERAL REMJA-VII/doc.7/08 rev. 1

OF THE AMERICAS 30 April 2008

Original: English

REMJA VII

CONCLUSIONS AND RECOMMENDATIONS OF REMJA-VII


CONCLUSIONS AND RECOMMENDATIONS OF REMJA-VII
REMJA-VII reaffirms that the damage caused, and the threat posed to our citizens, our democracies, and the economic and social development of our states, by the different manifestations of crime in the hemisphere, make it necessary and urgent to continue to strengthen and enhance mutual legal and judicial cooperation at the hemispheric level, as well as to ensure that member states have the laws, procedures, and legal mechanisms in place to enable them to effectively combat transnational organized criminals, and to deny them safe haven, as well as the proceeds and instrumentalities of their illegal conduct. Likewise, REMJA-VII reaffirms that it will continue its every effort to bring about proper access to justice for the inhabitants of the Americas and thereby strengthen the security of the region’s societies; therefore it undertakes to promote the exchange of national experiences and legal and judicial cooperation on civil, trade, family and child law issues.

Having concluded its deliberations on the various items on its agenda, the Seventh Meeting of Ministers of Justice or other Ministers or Attorneys General of the Americas (REMJA-VII), convened under the auspices of the Organization of American States (OAS), adopted the following conclusions and recommendations for transmission, through the Permanent Council, to the General Assembly of the OAS at its thirty-eighth regular session:



  1. HEMISPHERIC TRENDS AND LEGAL AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

Certain processes have taken shape within the REMJA that have proven to be very useful and effective in enhancing legal and judicial cooperation in criminal matters. Noteworthy among them are those related to support for justice reform through the establishment of the Justice Studies Center of the Americas (JSCA); the development of mechanisms for hands-on cooperation, through meetings, networks, and other means of sharing information, experiences, training, and technical cooperation among national officials competent in such areas as mutual assistance in criminal matters and extradition, cyber- crime, trafficking in persons, penitentiary and prison policies, and forensic investigation; the initiative to draw up and adopt a hemispheric plan of action against transnational organized crime; and the forging of many other agreements expressed in the recommendations of REMJA and its working groups and technical meetings, as well as the procedures established to follow up on their implementation; and the reinforcement of cooperation with other regional, sub-regional, and international organizations and bodies in the various areas addressed by the REMJA and its working groups and technical meetings.

REMJA-VII has had the opportunity to receive reports on the progress made since REMJA-VI on the aforementioned thematic areas, and to make specific recommendations on each of them, as expressed in the sections below.



However, REMJA-VII deems it important to make the following recommendations of a general nature in order to continue strengthening legal and judicial cooperation to address hemispheric trends in the criminal area, such as illicit drug trafficking, corruption, and other transnational crimes:

  1. That the OAS member states that have not yet done so sign and ratify, ratify, or accede to, as appropriate, as quickly as possible:

    1. The Inter-American Convention against Corruption, and the Declaration on the Mechanism for Follow-up for its implementation (MESICIC) (“Document of Buenos Aires”);

    2. The Inter-American Convention on Mutual Assistance in Criminal Matters, and its Optional Protocol;

    3. The Inter-American Convention on Serving Criminal Sentences Abroad;

    4. The Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA);

    5. The United Nations Convention against Transnational Organized Crime, and its protocols; and

    6. The United Nations Convention against Corruption.

  2. That the OAS member states that have not yet done so adopt the legislation and other measures required under each of their legal systems to facilitate and ensure implementation of the aforementioned conventions and to provide effective, efficient, and expeditious cooperation in the framework of those conventions, inter alia, in mutual assistance, extradition, and the confiscation and/or seizure of assets.

  3. That the OAS member states, as necessary, and in full observance of the principles of their legal systems, review domestic laws and enforcement mechanisms with a view towards modernizing the tools to combat current and emerging transnational organized crime challenges, including implementation of laws and other measures:

  1. To ensure that those engaged in transnational organized crime be prosecuted by member states whose laws they violate;

  2. To combat international trafficking in illegal narcotics, as well as precursor chemicals used to make synthetic drugs;

  3. To strengthen import and export control laws in order to prevent illicit trafficking of firearms;

  4. To strengthen the legal systems to prevent drug trafficking;

  5. To facilitate, when their legal systems allow, and with full respect of civil rights and due process, the interception of wire, oral, and electronic communications and the sharing of that information with other member states for law enforcement purposes;

  6. To consider, with full respect for state sovereignty, and in accordance with the principles of their domestic legal systems and the provisions of Article 19 of the United Nations Convention against Transnational Organized Crime, the possibility of entering into bilateral or multilateral agreements which set forth a legal framework for joint investigation teams, as well as the necessity for national legislations to progressively consider this new mechanism for mutual assistance between States.

  7. To promote effective financial investigations aimed at forfeiture of proceeds and instrumentalities of transnational organized crime, including, where it is consistent with its national legal structure, a non-conviction based forfeiture;

  8. To consider, when its domestic legal system allows and in accordance with international commitments that have been undertaken, the enforcement of foreign orders for freezing, seizure and confiscation, taking into account matters related to asset management prior to confiscation, and the efficient liquidation, proper maintenance and return of forfeited assets;

  9. To utilize all possible advancements in forensic technology in the fight against transnational organized crime.

  10. To ensure the effective protection of victims and witnesses, within the framework of criminal procedures, while at the same time promoting that their relocation become viable, through expedited cooperation mechanisms, in accordance with the principles of their domestic legal systems, and consistent with the provisions of articles 24 and 25 of the UN Convention against Transnational Organized Crime; and to urge the OAS member states that have not yet done so, to adopt the legislation and other measures required to that end, within each of their legal frameworks. For this reason, to request that the Secretariat of Legal Affairs of the OAS General Secretariat, prepare a study which would include proposals to facilitate cooperation between interested states in the area of protection of victims and witnesses, and submit it for consideration at the next meeting of the Working Group on Mutual Assistance in Criminal Matters and Extradition. Additionally, this study will also be presented to the Technical Group on Transnational Organized Crime.

  1. That the OAS member states that have not yet done so take the necessary measures to establish, and ensure the operations of, the central authorities for reciprocal cooperation in mutual assistance in criminal matters, extradition, and the confiscation and/or seizure of assets, and to ensure that they have the human, material, and financial resources needed to perform their functions effectively, efficiently, and expeditiously.

  2. That the OAS member states that have not yet done so take the necessary measures to facilitate, under their constitutional systems, channels of direct communication and ongoing contact among the central authorities responsible for reciprocal cooperation in mutual assistance in criminal matters, extradition, and the confiscation and/or seizure of assets, and to step up procedures and reduce or eliminate factors that contribute to delays in the transmission of and response to requests for cooperation in mutual assistance in criminal matters, extradition, and the confiscation and/or seizure of assets.

  3. That the OAS member states take the necessary measures to strengthen the effectiveness of national and international agreements by increasing and developing new economic and human resources to assist in their implementation.

  4. That, given the crosscutting nature of cooperation in mutual assistance in criminal matters, extradition, and the confiscation and/or seizure of assets, the REMJA come together as a forum for hemispheric cooperation in these areas, and that the OAS entities, organs, agencies, groups, or mechanisms, in the framework of their respective spheres of competence, take appropriate measures to facilitate and strengthen their cooperation with the REMJA in said areas and to avoid duplication of efforts.

  5. That, likewise, efforts continue to strengthen information sharing and cooperation between the REMJA and measures taken in other sub-regional, regional, or international organizations, forums, mechanisms, or bodies, in mutual assistance in criminal matters, extradition, and the confiscation and/or seizure of assets.

  1. HEMISPHERIC PLAN OF ACTION AGAINST TRANSNATIONAL ORGANIZED CRIME

    1. To express its satisfaction with the progress made in this area in the framework of the OAS, based on agreements that took shape within the REMJA context, reflected, inter alia, in the adoption of the Hemispheric Plan of Action against Transnational Organized Crime [resolution CP/RES. 908 (2567/06)] and in the First Meeting of the Technical Group on Transnational Organized Crime, held pursuant to section III of that Plan, in Mexico City, on July 26 and 27, 2007, as well as in the formulation of the conclusions and recommendations of said meeting (document GT/DOT-1/doc.6/07 rev. 1). To express its gratitude to the Government of Mexico for having sponsored this meeting, welcoming the conclusions and recommendations of this first event.

    2. To urge the members of the Technical Group on Transnational Organized Crime to meet at least twice yearly.

    3. To instruct the Technical Group, with support from the General Secretariat, to present and approve its work plan at its second meeting, so that the plan may be adopted by the Permanent Council, so as to ensure the full implementation of the Hemispheric Plan of Action against Transnational Organized Crime and of the Palermo Convention and the protocols thereto.

    4. That, pursuant to section I.1 of the Hemispheric Plan of Action against Transnational Organized Crime, this item remain on the REMJA agenda and that REMJA-VIII be informed of the specific activities carried out under the Plan.

  2. CYBERCRIME

    1. To express its satisfaction with the outcomes of the Fifth Meeting of the Group of Governmental Experts on Cyber-Crime, held at OAS headquarters, on November 19 and 20, 2007, pursuant to the agreement reached in REMJA-VI.

    2. To adopt the recommendations made by the Group of Governmental Experts at its Fifth Meeting (CIBER-V/doc.3/07 rev. 1) and request that its Chair report to the next REMJA on progress with respect to their implementation.

    3. That, bearing in mind the recommendations adopted by the Group of Governmental Experts and by the previous REMJA meetings, the states consider applying the principles of the Council of Europe’s Convention on Cyber-Crime, acceding thereto, and adopting the legal and other measures required for its implementation. Similarly, to this end, that technical cooperation activities continue to be held under the auspices of the OAS General Secretariat, through the Secretariat for Legal Affairs, and the Council of Europe.

Similarly, that efforts be continued to strengthen the exchange of information and cooperation with other international organizations and agencies in the area of cybercrime, so that the OAS member states may take advantage of progress in those forums.

    1. That the Secretariats of the Inter-American Committee against Terrorism (CICTE) and the Inter-American Telecommunication Commission (CITEL) and the Working Group on Cyber-Crime, continue developing the permanent coordination and cooperation actions to ensure the implementation of the Comprehensive Inter-American Cybersecurity Strategy adopted through OAS General Assembly resolution AG/RES. 2004 (XXXIV-O/04).

    2. That the Working Group on Cyber-Crime meet before REMJA-VIII, to consider, among other topics, the progress made in implementing the recommendations adopted at its Fifth Meeting, and that it report to REMJA-VIII on the outcomes achieved in this regard.

  1. MUTUAL ASSISTANCE IN CRIMINAL MATTERS AND EXTRADITION

        1. To express appreciation for the work undertaken by the OAS/REMJA Working Group on Mutual Assistance in Criminal Matters and Extradition, coordinated by Canada between 2001 and 2007, in promoting the mandates of the REMJA and to support the dissemination on the Hemispheric Information Exchange Network of documents generated by its activities.

        2. To express its satisfaction with the Third Meeting of Central Authorities and Other Experts on Mutual Assistance in Criminal Matters and Extradition, held pursuant to the conclusions and recommendations of REMJA-VI, in Bogotá, Colombia, on September 12, 13, and 14, 2007.

        3. To note with satisfaction the holding in Trinidad and Tobago, on March 5, 6, and 7, 2008, of a meeting of the OAS/REMJA Working Group on Mutual Assistance in Criminal Matters and Extradition, with the assistance of Colombia as Coordinator and Canada as Vice-Coordinator, for the furtherance of recommendation 5 of the Third Meeting of Central Authorities and Other Experts on Mutual Assistance in Criminal Matters and Extradition, and to support the dissemination on the Hemispheric Information Exchange Network of documents generated from that meeting.

        4. To approve the recommendations adopted at the Third Meeting of Central Authorities and Other Experts on Mutual Assistance in Criminal Matters and Extradition, published in document PENAL/doc.26/07 rev.1 and, in that connection, to request that its Chair report to the next REMJA on progress with respect to their implementation.

        5. To actively consider the use of the guidelines for “Best Practices with respect to the Collection of Statements, Documents, and Physical Evidence”; “Best Practices with respect to Mutual Legal Assistance in Connection with the Investigation, Freezing, Seizure, and Confiscation of Assets that are either the Proceeds of or Instrument for Crimes”; and the “Questionnaire on Legal Cooperation in Criminal Matters” (document PENAL/doc.19/07 rev. 1) to orient States in the areas the documents refer to.

        6. To actively consider the use of the “Model Law on Mutual Assistance in Criminal Matters” (document PENAL/doc.20/07 rev. 1) as a guide for development of national legislation in this field.

        7. To express appreciation for and accept the offer made by the delegation of El Salvador to host the next meeting of the Working Group on Mutual Assistance in Criminal Matters and Extradition, which will take place in 2009.

        8. To continue the development of studies and guidelines destined to strengthen hemispheric cooperation in the area of extradition; and that the Chair of the next meeting of the Working Group on Mutual Assistance in Criminal Matters and Extradition report to REMJA VIII on the progress of this project.

        9. To continue the discussions on the current project on the preparation of model legislation for the “backing of warrants” in the area of extradition; and that the Chair of the next meeting of the Working Group on Mutual Assistance in Criminal Matters and Extradition report to REMJA-VIII on the progress of this project.

        10. To continue supporting the strengthening of the Hemispheric Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition (the Network) and, in that connection, it:

    1. Expresses its recognition of the progress made by the OAS General Secretariat to elicit additional financing for the Network and its consolidation, maintenance, and extension to all OAS member states.

    2. Requests states to respond, through their respective central authorities on mutual assistance in criminal matters and extradition, to the requests by the OAS General Secretariat that they complete or update the information on them disseminated in the public and private components of the Network. It also recommends that the OAS General Secretariat continue maintaining those components as an integral part of the OAS Website.

    3. Supports use of the secure electronic communication system as a useful, effective, and efficient tool for direct exchanges of information among the authorities responsible for mutual assistance in criminal matters and extradition and requests the OAS General Secretariat to continue providing, within the resources at its disposal, technical support and assistance services, in addition to online training, to said authorities.

    4. Expresses its gratitude to Spain for the financing it has provided for the operations and strengthening of the Network and for the exchange of information it has fostered with a view to exploring whether practical forms of reciprocal cooperation between the Network and IberRED can be achieved.

    5. Expresses its appreciation to Canada for its technical and financial support in relation to the establishment of the Network and subsequent support until 2006.

    6. To invite OAS member states and OAS permanent observers to consider making voluntary contributions to finance the Network.

  1. PENITENTIARY AND PRISON POLICIES

    1. To express appreciation for and accept the offer made by the delegation of Chile to host the Second Meeting of the Working Group on Penitentiary and Prison Policies, which will take place on August 27, 28 and 29, 2008 in the city of Valdivia.

    2. To recommend that said meeting give in-depth consideration to the exchange of information and experiences and the strengthening of mutual cooperation on practical solutions for the problems of states in, among other areas, those referred to in recommendation II.3 of REMJA-VI, and as regards systems for awarding penitentiary infrastructure concessions, as one of the possible solutions to overcrowding in penitentiary facilities. Likewise, to begin to consider, among other topics, those mentioned in recommendation II.4 of REMJA-VI.

    3. To request that REMJA-VIII be informed of the outcomes of the Second Meeting of the Working Group on Penitentiary and Prison Policies.

    4. To express its gratitude to the Inter-American Commission on Human Rights (IACHR), and its Special Rapporteur for Persons Deprived of Liberty, for having prepared and presented the document “Declaration of Principles on the Protection of Persons Deprived of Freedom in the Americas” and request that the IACHR present this document at the next meeting of the Working Group on Penitentiary and Prison Policies

  2. HEMISPHERIC COOPERATION ON FORENSIC RESEARCH

    1. To take note of the report presented by the delegation of the Dominican Republic on preparations for the meeting of specialists on forensic sciences, to be held in the second half of 2008 to consider the items referred to in recommendation VIII.d of REMJA-VI.

    2. To request that REMJA-VIII be informed of the results of the meeting of specialists on forensic sciences and other action taken at that meeting.

  1. HEMISPHERIC COOPERATION AGAINST TRAFFICKING IN PERSONS

        1. To take note of the report on the progress made with respect to the Conclusions and Recommendations of the First Meeting of National Authorities on Trafficking in Persons, held on the Island of Margarita, the Bolivarian Republic of Venezuela, on March 14, 15, 16 and 17, 2006, pursuant to recommendation VII.2 of REMJA-VI and operative paragraph 3.d of OAS General Assembly resolution AG/RES. 2348 (XXXVII-O/07).

        2. To support the convocation of the Second Meeting of National Authorities on Trafficking in Persons, pursuant to operative paragraph 5 of OAS General Assembly resolution AG/RES. 2348 (XXXVII-O/07).

        3. To reaffirm the subject of hemispheric cooperation against trafficking in persons as a standing item on the REMJA agenda, and to request that REMJA-VIII be informed of progress with respect to this matter and, in particular, with respect to the results of the Second Meeting of National Authorities on Trafficking in Persons, and of the meeting of the Technical Group on Transnational Organized Crime.

        4. That those states that have not yet done so consider signing, ratifying, or acceding to, as the case may be, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, of the United Nations Convention against Transnational Organized Crime, and that they define human trafficking as a crime under their domestic law.

  1. DEVELOPMENT AND STRENGTHENING OF JUSTICE SYSTEMS IN THE REGION

To express its satisfaction with the Report on Judicial Systems in the Americas 2006-2007, prepared and presented by the Justice Studies Center of the Americas (JSCA), and to request the Center to continue contributing to the processes of reform and strengthening of the criminal justice systems of the member states, through its activities of research, evaluation, dissemination, training, and technical support. In this regard REMJA-VII urges the JSCA to continue publishing the above-mentioned Report.

  1. JUSTICE STUDIES CENTER OF THE AMERICAS (JSCA)

    1. To congratulate the JSCA on its work in the Americas since REMJA-VI, especially in evaluating the criminal justice reform process and its leadership in forming a regional working group to promote improvements in civil justice, decisively supporting its promotion of innovative measures calling for reform in this area. It also values the proposals delivered to strengthen the REMJA process.

    2. To reiterate its appeal to member states to consider making voluntary contributions to the Justice Studies Center of the Americas (JSCA) to cover its basic costs.

    3. To invite the Permanent Observer States and other donors, as set out in article 74 of the General Standards to govern the operations of the General Secretariat and other applicable rules and regulations to make voluntary contributions to the JSCA.

  2. HEMISPHERIC LEGAL COOPERATION IN THE AREA OF FAMILY AND CHILD LAW

    1. Strengthen the exchange of national experiences and legal and judicial cooperation within the framework of the inter-American system, for those Member States that are a part of the various inter-American conventions, and particularly those conventions on family and child law, in areas such as adoption, return of minors, or child support.

    2. To recommend to Member States that they designate central authorities under the various conventions in the inter-American system that so require and to which they are party.

    3. To request the OAS General Secretariat, in coordination with the Inter-American Children’s Institute (IIN), the compilation and dissemination of that information on the OAS Website, as well as the provision of support for these activities.

    4. To recommend that OAS member states consider ratifying or acceding to, as the case may be, the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted in November 2007.

  3. THE REMJA PROCESS

  1. To express its satisfaction with the holding of the technical meeting, pursuant to recommendation X.2 of REMJA-VI, celebrated at OAS headquarters on March 14, 2008, where significant progress was made on the discussion of the Draft Document on the REMJA Process (“Document of Washington”) (REMJA/RT/EPD/doc.2/08 rev. 1), taking into account the recommendation of the OAS/REMJA Working Group on Mutual Assistance in Criminal Matters and Extradition at their meeting celebrated in Montreal, Canada, in March 2007.

  2. To adopt the Document on the REMJA Process (“Document of Washington”) (REMJA-VII/doc.6/08 rev.1), with the observations made during the informal consultations held on April 28 and 29, 2008, and to request the OAS General Secretariat to distribute the final version of the document and publish it, as stipulated therein.

  3. To thank the delegation of the Dominican Republic, which chaired REMJA-VI; the delegation of Mexico, which chaired REMJA-V; and the delegation of the United States, which hosted this meeting, REMJA-VII, for coordinating the convocation of the technical meeting and the drafting and negotiation of the above-mentioned Document on the REMJA Process (“Document of Washington”).

  4. Similarly, to express appreciation to the delegation of Canada for convening the special meeting of the OAS/REMJA Working Group on Mutual Assistance in Criminal Matters, held in Montreal, Canada, on March 26 and 27, 2007, the report of which was presented to and considered by the technical meeting on the REMJA process, pursuant to recommendation X.3 of the Conclusions and Recommendations of REMJA-VI.

  1. VENUE OF REMJA-VIII

To express appreciation for and accept the offer made by the delegation of Brazil to host REMJA-VIII, which will take place in 2010.

AG/RES. 2370 (XXXVIII-O/08)


FUTURE OF THE INTER-AMERICAN INDIAN INSTITUTE
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


RECALLING resolutions AG/RES. 1718 (XXX-O/00), “Reform of the Inter-American Indian Institute”; AG/RES. 1933 (XXXIII-O/03) and AG/RES. 2046 (XXXIV-O/04), “Support for the Restructuring of the Inter-American Indian Institute”; and AG/RES. 2131 (XXXV-O/05) and AG/RES. 2284 (XXXVII-O/07), “Situation of the Inter-American Indian Institute”;
RECOGNIZING that the Inter-American Indian Institute (III) was established in 1940, with the signing of the First International Convention of Pátzcuaro, for the main purpose of fostering collaboration in the coordination of indigenous policies of the member states; requesting, compiling, organizing, and distributing scientific research, legislation, historical archives, and other documents related to the indigenous peoples of the Americas; and carrying out publication and dissemination activities to bring about an increased awareness of indigenous peoples;
RECOGNIZING ALSO that in 1953, the Institute became an inter-American specialized organization of the Organization of American States (OAS), whose status was the subject of the Agreement between the Organization and the Institute dated October 28, 1985;
RECOGNIZING FURTHER the important historical contribution of the III as an institution that promotes indigenous policies in member states and fosters research and the training of individuals dedicated to the development of indigenous communities, and that it contributed to the development of national authorities tasked with addressing the needs of indigenous peoples in the member states;
NOTING the valuable bibliographic, historical, newspaper, and visual archives of the III and the essential need to salvage them and give them wider dissemination;
CONCERNED over the difficult financial situation that the III has endured for a considerable period of time, which significantly hampers its capacity to carry out the plans and achieve the objectives that led to its establishment;
RECOGNIZING that the member states have determined that analysis of the future of the Institute cannot be postponed; and
BEARING IN MIND the need to continue reaffirming and broadening the commitment of states to promote the integral development of indigenous peoples,
RESOLVES:
1. To recognize the important historical contribution made by the Inter-American Indian Institute (III) as a key factor in promoting the development of national and international policies for recognizing, renewing appreciation for, and giving consideration to the indigenous peoples in the Americas, as well as the value of its historical and documentary heritage.
2. To acknowledge that the Inter-American Indian Institute, at the time, in encouraging a closer relationship of state agencies and academia with the cultural, economic, and social reality of indigenous peoples, helped motivate the direct participation of those peoples in the formulation, implementation, and evaluation of policies directed towards their full development.


  1. To make the following recommendations on the future of the Institute:




    1. That, acknowledging the financial difficulties faced by the Inter-American Indian Institute, the Executive Committee of the Inter-American Indian Institute evaluate whether it is appropriate to close the Institute, taking into consideration the following:




      1. Denunciation of the Pátzcuaro Convention by all states still party to that international instrument; or




      1. A decision by the Executive Committee of the Institute to close it;




    1. In the event that a decision is made to close the III, that the costs thereof be addressed;




    1. That necessary measures be taken to salvage, maintain, and disseminate the bibliographic, historical, newspaper, and visual archives of the III so that they may be as widely accessible as possible and thus serve as input for research related to indigenous peoples;




    1. That the proposal of the National Autonomous University of Mexico be accepted, considering that it would make it possible to meet the objectives recommended in the preceding paragraph;




    1. That any initiatives respect the multinational nature of the heritage of the III;




    1. That loaning the archives be considered a possibility, or that donating them be considered if it is acceptable to all states;




    1. In the event that the responsible institution decides to stop maintaining the collections, that any future determination be made collectively by the states parties to the Pátzcuaro Convention, if is still in force, or, if it is not, by the General Assembly of the Organization of American States (OAS);




    1. That measures be taken aimed at disseminating the archives to all the countries in the region and, to that end, that consideration be given to entering into agreements with other libraries to allow access to the digital archives, especially an agreement with the OAS Columbus Memorial Library.

4. To request the Permanent Council to report to the Inter-American Indian Institute on these recommendations.


AG/RES. 2371 (XXXVIII-O/08)


MECHANISM TO FOLLOW UP ON IMPLEMENTATION OF THE INTER-AMERICAN
CONVENTION ON THE PREVENTION, PUNISHMENT, AND ERADICATION
OF VIOLENCE AGAINST WOMEN, “CONVENTION OF BELÉM DO PARÁ”
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,
HAVING SEEN resolutions AG/RES. 2162 (XXXVI-O/06) and AG/RES. 2330 (XXXVII-O/07), “Mechanism to Follow Up on Implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará’” (MESECVI), in which the General Assembly took note of the report of the Permanent Council on implementation of the follow-up mechanism; and
CONSIDERING:
That the Convention of Belém do Pará is the only specific, binding international legal instrument on gender-based violence and has become an important framework in which the states parties thereto undertake to implement policies, laws, and national and regional action programs to eradicate violence against women;
That the Statute of the Mechanism to Follow Up on Implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará” (MESECVI) has been in effect since 2004, as a means of assessing progress and trends in the fulfillment of the objectives of the Convention and facilitating cooperation among the states parties and with the member states of the Organization of American States (OAS);
That to date 32 member states have ratified the Convention of Belém do Pará;
That, despite the efforts made by the countries of the region, violence against women continues to be an area of special concern;
That the first multilateral evaluation round of the MESECVI has arrived at its final phase, which demonstrates the interest and support of the states parties in building a genuine instrument for progress in punishing and eradicating gender-based violence in the Hemisphere;
That the OAS General Secretariat, through the Permanent Secretariat of the Inter-American Commission of Women (CIM), serves as the secretariat to the organs of the MESECVI, with advice, where appropriate, from the Inter-American Commission on Human Rights (IACHR) and other areas of the General Secretariat; and
That the human and financial resources available to the technical secretariat of the MESECVI are not sufficient to ensure the Mechanism’s full and effective functioning; and the valuable financial and human resources provided by the Government of Mexico to the MESECVI over the past year,

RESOLVES:




  1. To take note of the report of the Permanent Council on the activities of the Mechanism to Follow Up on Implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará” (MESECVI).

2. To welcome the progress of the first multilateral evaluation round of the MESECVI; and to express its conviction that this exercise will contribute significantly to achievement of the objectives set forth in the Convention.


3. To congratulate the states parties on their efforts to meet the objectives of the Convention; and once again to urge those states that have not yet done so to designate their experts and competent national authorities, so as to ensure the full implementation and success of the Mechanism.
4. To thank the Government of Mexico for its continuing contribution to the Mechanism; and to invite all states parties and states not party to the Convention, permanent observers, international financial institutions, and civil society organizations to contribute to the Specific Fund established in the Organization of American States (OAS) to finance the MESECVI’s operations.
5. To reiterate its gratitude to the Permanent Secretariat of the Inter-American Commission of Women (CIM) for its support of the states parties in the process of implementation of the MESECVI; and to thank it for its important role, as technical secretariat of the Mechanism, in the fulfillment of the objectives of the Convention of Belém do Pará.
6. To urge the states parties to the Convention and all OAS member states to strengthen the MESECVI and hemispheric cooperation in combating violence against women, including the participation of experts in meetings of the Committee of Experts (CEVI).
7. To encourage the states parties to the Convention to provide economic support or human resources to the MESECVI to enable it to comply with its work calendar and to ensure its optimal functioning.
8. To request the Secretary General, in accordance with available financial resources and with the agreement of the Committee on Administrative and Budgetary Affairs (CAAP), to allocate the human, technical, and financial resources needed to enable the CIM to continue supporting the implementation of the MESECVI.
9. To request the Secretary General to explore the possibility of holding a donors’ meeting to make it possible to obtain the resources needed for the MESECVI to function.
10. To thank the Government of the Argentine Republic for hosting the Third Meeting of the Committee of Experts (CEVI) of the MESECVI, in Buenos Aires, Argentina, from July 18 to 20, 2007; and to urge member states to lend their support to enable the meetings of the CEVI to be held in the states parties to the Convention, as far as possible on a rotating basis.
11. To thank the Government of the Bolivarian Republic of Venezuela for its commitment to hosting the Second Conference of States Parties to the Convention of Belém do Pará, to be held on July 9 and 10, 2008, which will consider and adopt the Hemispheric Report on the first multilateral evaluation round of the MESECVI.
12. 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 resources in the program-budget of the Organization and other resources.

AG/RES. 2372 (XXXVIII-O/08)


COORDINATION OF VOLUNTEERS IN THE HEMISPHERE IN RESPONSE
TO NATURAL DISASTERS AND THE FIGHT AGAINST HUNGER
AND POVERTY – WHITE HELMETS INITIATIVE
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


HAVING SEEN the Report of the General Secretariat on the White Helmets Initiative (CP/CG-1738/08), resolutions AG/RES. 1351 (XXV-O/95), AG/RES. 1403 (XXVI-O/96), AG/RES. 1463 (XXVII-O/97), AG/RES. 2018 (XXXIV-O/04), and AG/RES. 2165 (XXXVI-O/06), and declarations AG/DEC. 45 (XXXV-O/05) and AG/DEC. 55 (XXXVII-O/07);
RECALLING that, in the Plan of Action of the First Summit of the Americas (Miami, 1994), the Heads of State and Government committed to creating, organizing, and financing White Helmets volunteers corps at the national and hemispheric levels and invited the Pan American Health Organization (PAHO), the Organization of American States (OAS), and the Inter-American Development Bank (IDB) to participate and help train them;
RECALLING ALSO that, in the Declaration of Mar del Plata of the Fourth Summit of the Americas (Argentina, 2005), the Heads of State and Government reaffirmed their commitment to fight poverty, inequality, hunger, and social exclusion; noted with concern the increased intensity of natural and man-made disasters and their devastating impact on human lives, infrastructure, and economies in the Hemisphere; and called for action at the national, regional, and international levels to strengthen disaster management programs;
REAFFIRMING the need to develop networks, cooperation mechanisms, experience-sharing, and mutual assistance among member states and subregional, regional and international agencies, and the importance of participation by the community and its organizations in the diagnostic assessment of their problems and in preparing tools for disaster prevention and response;
TAKING INTO ACCOUNT that the principal objectives of the White Helmets Initiative are to fight hunger and poverty, prevent, mitigate and respond to the impacts of natural disasters, and reduce vulnerabilities; and that actions undertaken by White Helmets volunteers include, inter alia: responding to emergencies, promoting health and education and access to safe drinking water, facilitating transportation, logistics, and operations in the event of disasters, distributing food, and monitoring food aid;
UNDERSCORING that the development of the White Helmets Initiative has contributed to efforts to alleviate critical situations of hunger and poverty in the Hemisphere, wherever they may occur, and has assisted populations affected by natural and other disasters, by promoting an effective and appropriate transition from emergency aid to rehabilitation, reconstruction, and development, in the context of the purposes and principles established in the Charter of the Organization of American States, while also preserving the nonpolitical, neutral, and impartial nature of humanitarian aid;
EMPHASIZING that White Helmets Initiative projects in the Hemisphere led to the organization of the Regional Humanitarian Volunteer Corps Network, which now has 13 National Focal Points, as well as to partnerships with well known international and regional agencies, such as PAHO, the United Nations Food and Agriculture Organization (FAO), the World Food Programme (WFP), the Ibero-American General Secretariat (SEGIB), and the Association of Caribbean States (ACS);
BEARING IN MIND that, in 2007, the Initiative provided humanitarian responses to countries in the Hemisphere hit by natural disasters, such as Hurricanes Dean, Félix, and Noel in Haiti, Nicaragua, and the Dominican Republic, respectively; flooding in Bolivia; the eruption of the Tungurahua volcano in Ecuador; and the major earthquake in Pisco, Peru;
HAVING SEEN the report on the Inter-American Emergency Aid Fund (CP/doc.4290/08 corr. 2); and
CONSIDERING that the Report of the First Meeting of the Inter-American Committee on Natural Disaster Reduction (IACNDR) (CP/CSH-926/07) points out that over the past 30 years, disasters have affected some four million people per year, killing 5,000 of them and causing US$3.2 billion in material damages,
RESOLVES:
1. To reaffirm its support for the White Helmets Initiative as one of the valuable mechanisms in the Hemisphere for disaster prevention, mitigation, and response and for fighting hunger and poverty.
2. To urge the General Secretariat to continue its support for the development of the White Helmets Initiative.
3. To underscore the execution of 38 projects under White Helmets Initiative agreements with the Organization of American States (OAS) and the Inter-American Development Bank (IDB); and to recognize the participation of 115 international and national volunteer experts, as well as 1,350 volunteers and technical staff from 13 countries who either took part in or received training during those activities, as mentioned in the General Secretariat’s report (CP/CG-1738/08).
4. To encourage participating regional organizations to reach a consensus and obtain the resources needed to arrive at a new agreement that would permit new activities designed to consolidate local volunteer corps, risk management, and efforts to fight hunger and poverty in the Hemisphere.
5. To welcome the Cooperation Agreement between the OAS General Secretariat and the World Food Programme on food security in the region, which recognizes the White Helmets Initiative as one of the key operational mechanisms, and the signing of the Agreement with the Pan American Health Organization, which points to the White Helmets and their volunteer network as one of PAHO’s providers of logistics and training.
6. To urge other agencies and institutions to enter into partnerships and working agreements with the White Helmets Initiative.

7. To invite those member states that so wish to designate focal points for the White Helmets Initiative and to help strengthen local volunteer corps with a view to enhancing their coordination with the Regional Humanitarian Volunteer Corps Network in the Hemisphere.


8. To instruct the General Secretariat to consider the advisability and feasibility of using a technical team belonging to the Regional Humanitarian Volunteer Corps Network of the White Helmets Initiative as a rapid response mechanism allowing the Organization to go to the scene of a disaster, at the request of the state affected, to coordinate aid and interact with the United Nations Office for Coordination of Humanitarian Affairs, as appropriate, as well as with specialized and local teams.


  1. To express its interest in greater coordination of actions between the White Helmets Initiative and the organs, agencies, entities, and mechanisms of the OAS competent in the field of responses to natural disasters and the fight against hunger and poverty, as well as other relevant international agencies.

10. To instruct the Permanent Council to foster discussion of the need to update existing regulatory and coordination mechanisms and to adapt them to the new circumstances and complexities of disasters, to the Hyogo Framework for Action 2005-2015; and to the principles of the United Nations International Strategy for Disaster Reduction.


11. To urge member states to promote debate on disaster prevention management, to facilitate analysis of possible mechanisms for working together with regional agencies, and to include participation by the community and its organizations in the diagnostic assessment of their problems and, above all, in developing prevention and response tools.


  1. To urge member states to allocate resources to domestic disaster reduction management and to enhance cooperation with regional agencies where appropriate.




  1. To request the General Secretariat to report to the General Assembly at its fortieth 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. 2373 (XXXVIII-O/08)


Simón Bolívar Humanitarian Task Force
(Adopted at the fourth plenary session, held on June 3, 2008)

The General Assembly,
RECOGNIZING the urgent need to increase and coordinate humanitarian and technical assistance to ensure a rapid, timely, and effective response to natural and man-made disasters and other emergencies;
REAFFIRMING the importance for member states to develop national strategies and initiatives in the area of mutual assistance and technical cooperation in the event of natural disasters;
RECOGNIZING the important role played by national efforts in risk reduction and disaster response; and reaffirming the importance of international cooperation, particularly at the regional level, in order to strengthen existing national and regional efforts, as well as bodies dedicated to both disaster risk reduction and recovery processes;
CONSIDERING:
That the Heads of State and Government of the Hemisphere, meeting at the First Summit of the Americas, in Miami in December 1994, established guidelines for governments, on a voluntary basis, to establish, organize, and finance a corps of volunteers to work at the national level and, at the same time, be at the disposal of other countries of the Hemisphere and, possibly, the United Nations system, on a stand-by basis, for prevention, relief, rehabilitation, and technical, social, and development cooperation, with the aim of reducing the effects of natural disasters, social and developmental needs, and emergencies;
That effective natural disaster reduction and mitigation is dependent on a high degree of preparedness, mobilization, and coordination of the governments of the countries affected at all levels;
That it is a matter of priority to provide support to and collaborate in efforts to deal with areas affected by any large-scale incident that exceeds local-response capability, as well as to cooperate in activities to prevent, mitigate, prepare for, and warn against natural and other disasters;
That the Simón Bolívar Humanitarian Task Force of the National Civil Defense and Disaster Management Organization of the Bolivarian Republic of Venezuela is a professional, multidisciplinary, and multisectoral unit with the capacity to act in various national and international settings in the area of disaster prevention and response; it has specialized teams to conduct search, rescue, and recovery operations, to provide education and training, to offer psychosocial and medical care to victims, and to plan for and assess situations entailing threats, vulnerability, or risk for the population; and
That the Simón Bolívar Humanitarian Task Force, since its inception, has provided humanitarian assistance, actively and on the basis of solidarity, to countries of Central America, South America, and the Caribbean that have been affected by disasters and have requested international cooperation,
RESOLVES:
1. To recognize the Simón Bolívar Humanitarian Task Force as a national initiative of the Bolivarian Republic of Venezuela, which offers assistance in the Hemisphere for prevention, relief, rehabilitation, and technical, social, and development cooperation, before and after disasters, whether natural or man-made, in the Hemisphere.
2. To welcome the assistance and cooperation activities conducted by the Simón Bolívar Humanitarian Task Force and to encourage its coordination with similar initiatives and organs of the inter-American sytem and international community engaged in disaster response.
3. To instruct the General Secretariat of the Organization of American States (OAS) to promote, through the Permanent Council, the establishment of similar initiatives.
4. 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. 2374 (XXXVIII-O/08)


1   2   3   4   5   6   7   8   9   10   ...   28


База данных защищена авторским правом ©shkola.of.by 2016
звярнуцца да адміністрацыі

    Галоўная старонка