General assembly thirty-eighth regular session




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FREE TRADE AND INVESTMENT IN THE HEMISPHERE

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

THE GENERAL ASSEMBLY,
RECALLING its resolution AG/RES. 1364 (XXVI-O/96), “Free Trade and Investment in the Hemisphere,” through which the Inter-American Juridical Committee (CJI) was instructed to conduct a study on the matter;
RECOGNIZING the opinion of the Inter-American Juridical Committee (CJI/RES. II-14/96), in which the Committee unanimously concluded that “in the significant areas described above the bases and potential application of the legislation which is the subject of this Opinion are not in conformity with international law”;
TAKING INTO ACCOUNT resolutions AG/RES. 1447 (XXVII-O/97), AG/RES. 1532 (XXVIII-O/98), AG/RES. 1614 (XXIX-O/99), AG/RES. 1700 (XXX-O/00), AG/RES. 1826 (XXXI-O/01), AG/RES. 1884 (XXXII-O/02), AG/RES. 1914 (XXXIII-O/03), AG/RES. 1976 (XXXIV-O/04), AG/RES. 2063 (XXXV-O/05), AG/RES. 2239 (XXXVI-O/06), and AG/RES. 2301 (XXXVII-O/07); and
CONSIDERING the Report of the Permanent Council on Free Trade and Investment in the Hemisphere (CP/doc.4317/08),
RESOLVES:


  1. To take note of the Report of the Permanent Council on Free Trade and Investment in the Hemisphere, presented pursuant to resolution AG/RES. 2301 (XXXVII-O/07).




  1. To request the Permanent Council to report to the General Assembly at its thirty-ninth regular session on developments in this regard.

AG/RES. 2377 (XXXVIII-O/08)



CONSOLIDATION OF THE REGIME ESTABLISHED IN THE TREATY FOR THE
PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA AND THE CARIBBEAN (TREATY OF TLATELOLCO)



(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;
RECALLING its previous resolutions on this topic, especially resolutions AG/RES. 1499 (XXVII-O/97), AG/RES. 1571 (XXVIII-O/98), AG/RES. 1622 (XXIX-O/99), AG/RES. 1748 (XXX-O/00), AG/RES. 1798 (XXXI-O/01), AG/RES. 1903 (XXXII-O/02), AG/RES. 1937 (XXXIII-O/03), AG/RES. 2009 (XXXIV-O/04), AG/RES. 2104 (XXXV-O/05), AG/RES. 2245 (XXXVI-O/06), and AG/RES. 2298 (XXXVII-O/07);
BEARING IN MIND the statement issued by the states of the Hemisphere in the Declaration on Security in the Americas in which they affirmed that the establishment of the first nuclear-weapon-free zone in a densely populated area through the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco) and the protocols thereto constitutes a substantial contribution to international peace, security, and stability;
BEARING IN MIND ALSO that the commemoration of the 41st anniversary of the adoption and opening for signature of the Treaty of Tlatelolco was held in Mexico City on February 14, 2008;
REAFFIRMING that the consolidation of the nuclear-weapon-free zone set forth in the Treaty of Tlatelolco constitutes a firm demonstration of the steadfast commitment of Latin America and the Caribbean to the cause of complete and verifiable nuclear disarmament and the nonproliferation of nuclear weapons, in keeping with the principles and purposes of the Charter of the United Nations;
CONSIDERING that, under Article 1 of the Treaty of Tlatelolco, the Contracting Parties undertook “to use exclusively for peaceful purposes the nuclear material and facilities which are under their jurisdiction, and to prohibit and prevent in their respective territories: (a) the testing, use, manufacture, production or acquisition by any means whatsoever of any nuclear weapons, by the Parties themselves, directly or indirectly, on behalf of anyone else or in any other way, and (b) the receipt, storage, installation, deployment and any form of possession of any nuclear weapons, directly or indirectly, by the Parties themselves, by anyone on their behalf or in any other way,” and that the Contracting Parties also undertook “to refrain from engaging in, encouraging or authorizing, directly or indirectly, or in any way participating in the testing, use, manufacture, production, possession or control of any nuclear weapon”;
CONSIDERING ALSO that Article 17 of the said Treaty states that nothing in its provisions “shall prejudice the rights of the Contracting Parties, in conformity with this Treaty, to use nuclear energy for peaceful purposes, in particular for their economic development and social progress”;
NOTING the dialogue initiated by the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL) with the nuclear-weapon states that are parties to Additional Protocols I and II to the Treaty of Tlatelolco, in relation to the request that they modify or withdraw their declarations on said Additional Protocols;
RECALLING the Santiago de Chile Declaration, adopted by the General Conference of OPANAL at its XIX Regular Session (Santiago, November 7 and 8, 2005);
CONSIDERING the coordination efforts carried out by OPANAL with other denuclearized zones in keeping with the Declaration adopted by the Conference of States Parties and Signatories to Treaties That Establish Nuclear-Weapon-Free Zones (Mexico City, April 26 to 28, 2005);
NOTING the decision of the General Conference of OPANAL to establish, as steps toward its strengthening and in accordance with its resolution CG/Res.496, a transitional period and to appoint a Deputy Secretary General until such time as the financial situation becomes stable and enables the Agency to operate smoothly;
CONVINCED:
That internationally recognized nuclear-weapon-free zones are making an important contribution to the international disarmament and nonproliferation regime as well as to the maintenance of international peace and security; and
That, as stated in the preamble to the Treaty of Tlatelolco, militarily denuclearized zones are not an end in themselves, but rather a means for achieving general and complete disarmament at a later stage;
RECOGNIZING that the Treaty of Tlatelolco has become the model for the establishment of other nuclear-weapon-free zones in various regions of the world, such as the South Pacific (Treaty of Rarotonga), Southeast Asia (Treaty of Bangkok), Africa (Treaty of Pelindaba), and Central Asia (Treaty of Semipalatinsk), which, when they enter into force, will cover more than half the countries of the world and all territories in the Southern Hemisphere; and
UNDERSCORING its firm support for all actions undertaken by the states parties, associated states, and OPANAL to strengthen the denuclearization regime envisaged in the Treaty of Tlatelolco,
RESOLVES:


  1. To call upon those states of the region that have not yet done so to sign or ratify the amendments to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco), adopted by the General Conference of the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL) in resolutions 267 (E-V), 268 (XII), and 290 (E-VII).




  1. To reaffirm the importance of strengthening OPANAL as the appropriate legal and political forum for ensuring unqualified observance of the Treaty of Tlatelolco in its zone of application and for promoting cooperation with the agencies of other nuclear-weapon-free zones.




  1. To reaffirm its commitment to continue striving for a disarmament and nonproliferation regime that is universal, genuine, and nondiscriminatory in every aspect.




  1. To call upon OPANAL, to continue, in its area of competence, to maintain ongoing contact with the Committee on Hemispheric Security (CSH) of the Organization of American States (OAS) and report to it periodically on the fulfillment of the commitments undertaken by the states of the region in this resolution and in the Declaration on Security in the Americas, in particular, paragraph 11 of the latter, as they pertain to nonproliferation of nuclear weapons.




  1. To entrust the Permanent Council with holding, in the framework of the CSH, a meeting on consolidation of the regime established in the Treaty of Tlatelolco, with the support of OPANAL and the participation of the United Nations and other international organizations competent in the area.




  1. To recognize the work of OPANAL in ensuring compliance with the obligations undertaken in the Treaty of Tlatelolco.




  1. To support OPANAL’s cooperation and coordination mechanisms with the Treaties of Rarotonga, Bangkok, Pelindaba, and Semipalatinsk, with Mongolia, and with those that may be established in the future, as well as with their respective agencies, in order to expedite the achievement of common objectives, as agreed to at the Conference of States Parties and Signatories to Treaties that Establish Nuclear-Weapon-Free Zones, held in Mexico City in April 2005.




  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 Organization’s program-budget and other resources.




  1. To request the OAS Secretary General to forward this resolution to the Secretary-General of the United Nations and to the Secretary General of OPANAL.

AG/RES. 2378 (XXXVIII-O/08)


OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


HAVING SEEN the observations and recommendations of the Permanent Council contained in the Annual Report of the Permanent Council to the General Assembly (AG/doc.4820/08) on the annual reports of the organs, agencies, and entities of the Organization of American States (OAS), particularly those pertaining to the 2007 Annual Report of the Inter-American Drug Abuse Control Commission (CICAD) (CP/doc.4285/08 corr. 1);
TAKING INTO ACCOUNT resolution AG/RES. 2343 (XXXVII-O/07), “Observations and Recommendations on the Annual Report of the Inter-American Drug Abuse Control Commission,” and other resolutions related to the topic;
CONSCIOUS of the need for continued progress in the fight against the production of illicit crops, drug trafficking, and related crimes, such as money laundering, the illegal distribution via the Internet of internationally controlled licit substances, and the diversion to illicit channels of pharmaceutical products and chemical precursors;
CONSCIOUS ALSO of the need to make greater headway in reducing the demand for illicit drugs and other psychoactive substances for pharmaceutical use;
RECOGNIZING that drug abuse is a public health problem that affects society as a whole, that the member states attach great importance to early prevention of drug abuse in the family, school, workplace, and community, including programs that strengthen values and life skills in children and youth, and that the treatment and rehabilitation of drug abusers is an essential part of national health care systems;
DEEPLY CONCERNED over the existence, in some countries, of armed groups related to drug trafficking, giving rise to situations that can destabilize the institutional order and undermine democratic governance;
RECOGNIZING the links between drug trafficking and transnational organized crime;
CONSIDERING that, with the adoption of the 34 national reports and the Hemispheric Report, the Multilateral Evaluation Mechanism (MEM) concluded the first phase of its Fourth Evaluation Round, 2005-2006;
NOTING WITH SATISFACTION that CICAD has strengthened its cooperation and exchange of information with all pertinent subregional, inter-American, and international bodies;
RECOGNIZING the importance of the participation of CICAD, as the representative body of the region in the fight against drugs, in the process of review of the commitments assumed at the twentieth special session of the United Nations General Assembly (XX UNGASS); and
TAKING NOTE WITH SATISFACTION of the incorporation of the Executive Secretariat of CICAD into the Secretariat for Multidimensional Security of the Organization of American States,
RESOLVES:


  1. To thank the Inter-American Drug Abuse Control Commission (CICAD) for its presentation to the General Assembly of its 2007 Annual Report (CP/doc.4285/08 corr. 1); and to congratulate it on the progress made in all aspects of the control of narcotic drugs and psychotropic substances.




  1. To reaffirm its commitment to the Multilateral Evaluation Mechanism (MEM) as an objective instrument for measuring the progress made by member states in controlling the illicit drug problem, identifying vulnerabilities and areas for improvement, and strengthening hemispheric solidarity and cooperation.




  1. To recommend to member states that they strengthen their national systems for the recovery and management of assets deriving from illicit activities.




  1. To instruct the CICAD Group of Experts on Alternative Development to support and make recommendations to the Commission on those matters for which its assistance might be requested.




  1. To instruct the CICAD Executive Secretariat to continue to provide technical assistance, training, and support to member states in the areas of drug demand reduction, supply reduction, drug-related research and information systems, alternative development, institution-building, money-laundering control, and education, with a view to strengthening member states’ capacities in these fields, and in particular:




  1. In demand reduction, support school- and community-based and workplace substance-abuse and violence-prevention programs; develop, implement, and disseminate scientific evaluation of such programs; and provide guidance on improvement of the quality of and access to drug treatment, rehabilitation, and after-care programs;




  1. Promote the adoption of court-supervised treatment for drug-dependent petty offenders, in accordance with the legislation of each country;




  1. Help member states strengthen their capacities to control the illicit cultivation, production, manufacture, and distribution of drugs and trafficking therein, as well as the chemicals used to produce them and the means and routes employed, with particular attention to new trends and threats such as synthetic drugs and the illegal distribution of internationally controlled licit substances via the Internet;




  1. In accordance with the mandate from the Fourth Summit of the Americas, held in Mar de Plata, Argentina in November 2005, expand the research program on the cost of drugs to society to other member states, with particular emphasis on studies to estimate avoidable costs, and disseminate the results achieved thus far;




  1. Support member states in their efforts to improve their drug information systems, and promote scientific research on the drug problem, particularly through the CICAD Network of Latin American Researchers (REDLA), and encourage academic institutions in the member states to support the work of the national observatories on drugs;




  1. Coordinate its work with that of other international organizations, such as the European Monitoring Centre for Drugs and Drug Addiction and the United Nations Office on Drugs and Crime (UNODC), in order to harmonize procedures and avoid overlapping of activities and financing;




  1. Provide technical assistance and training to member states to strengthen all fundamental aspects of their systems to respond to the drug phenomenon, including the development of specific public policies, the coordination capacity of the diverse public administrations at all government levels (national, regional, and local) and of civil society organizations in the field, modernization of legal and regulatory frameworks, and in general improvement of their technical, operational, and budgetary capacity;




  1. Continue to provide member states with technical assistance and support in the area of money-laundering control, emphasizing measures to improve coordination among the various agencies involved in the process;




  1. Continue, depending on the availability of specific funds for this purpose and in coordination with other areas of the General Secretariat, the technical assistance program to cooperate with the member states in the strengthening of their national systems for recovery and management of assets deriving from illicit activities;




  1. Participate actively and join in the process of review of the commitments undertaken by the member states at the twentieth special session of the United Nations General Assembly (XX UNGASS), and also in meetings on the subject to be held throughout 2008, and in the high-level meeting called for in 2009; and




  1. Support the strengthening and enhancement of national and municipal drug control systems, including human resources training.




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

AG/RES. 2379 (XXXVIII-O/08)
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