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FOLLOW-UP ON THE INTER-AMERICAN CONVENTION AGAINST CORRUPTION AND ON THE INTER-AMERICAN PROGRAM FOR COOPERATION
IN THE FIGHT AGAINST CORRUPTION

(Adopted at the fourth plenary session, held on June 7, 2011)



THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.5217/11) as it pertains to this topic;
TAKING INTO ACCOUNT resolution AG/RES. 2576 (XXL-O/10);
CONSIDERING the importance of the Inter-American Convention against Corruption and the fact that it has been ratified by 33 member states of the Organization of American States, and that 31 of those states participate in the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC);
BEARING IN MIND the mandates of the Summits of the Americas with respect to the fight against corruption, implementation of the Inter-American Convention against Corruption (IACC), and strengthening of its follow-up mechanism (MESICIC); as well as the support expressed by the XIX Ibero-American Summit of Heads of State and Government held in Portugal, in 2009;
RECOGNIZING the work of the Committee of Experts of the MESICIC, which has been supported by the General Secretariat and has made it possible to initiate, in September 2009, the Third Round of Review for the 28 states parties;
UNDERSCORING the developments in the Inter-American Program for Cooperation in the Fight against Corruption (MESICIC/CEP-II/doc.5/06 rev. 2), approved at the Second Meeting of the Conference of States Parties to the MESICIC, in November 2006, and adopted by the General Assembly at its thirty-seventh regular session, in June 2007, noteworthy among which are continuity in the process of review by the member states of implementation of the MESICIC and the program of support for those states for implementation of the recommendations made to them by the Committee of Experts of that mechanism; and
REITERATING the unswerving commitment of the states parties to the Inter-American Convention against Corruption to promote, facilitate, and regulate cooperation among the states parties, in order to ensure that measures and efforts to promote, punish, and eradicate acts of corruption in the performance of public functions are effective;
RECOGNIZING WITH SATISFACTION the results of the Third Meeting of the Conference of States Parties to the MESICIC and, in particular, the recommendations thereof, the text of which is contained in the document MESICIC/CEP-III/doc.4/10 rev. 1; and
EXPRESSING ITS SATISFACTION with the fact that Antigua and Barbuda, Haiti, and Saint Kitts and Nevis, joined the MESICIC in the framework of the above meeting,
RESOLVES:
1. To urge those states parties to the Inter-American Convention against Corruption that have not yet done so to participate in the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC or mechanism); and to urge all states parties to the Mechanism to fund it through voluntary contributions.
2. Also to encourage those member states of the Organization of American States (OAS) that have not yet done so to consider ratifying or acceding to, as the case may be, the United Nations Convention against Corruption (Mérida Convention) and the United Nations Convention against Transnational Organized Crime (Palermo Convention).
3. To urge the states parties to the Inter-American Convention against Corruption to take the measures they deem necessary, within their own institutional systems, to adapt their domestic law and regulations in order to comply with the commitments they undertook upon ratification of or accession to the Convention and, in this regard, to continue working toward compliance with the recommendations of the Committee of Experts of the MESICIC corresponding to the first, second, and third rounds of review of implementation of the Convention.
4. To express its satisfaction with the adoption and effective implementation by many states parties to the Inter-American Convention against Corruption of national anti-corruption legislation or plans.
5. To express once again its support for strengthening the MESICIC and, in that regard:
a. To express its satisfaction with the progress made by the Committee of Experts of MESICIC in the third review round, with support from the General Secretariat, which is reflected in the adoption of the reports on Argentina, The Bahamas, Bolivia, Canada, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Vincent and the Grenadines, Trinidad and Tobago, the United States, Uruguay, and Venezuela; as well as in the preparation of the reports on Belize, Brazil, Grenada, and Suriname to be considered and adopted at the next meeting of the Committee of Experts to be held in Washington, D.C., from September 12 to 16, 2011;
b. To express its satisfaction with the workshops held in Bolivia, Costa Rica, Suriname, and Trinidad and Tobago, in implementing the cooperation project being undertaken by the General Secretariat to support the states parties to the MESICIC in the implementation of the recommendations made to them by the Committee of Experts, through the adoption of national action plans to that effect;
c. To express its satisfaction with the approval by the MESICIC Committee of Experts of the First Progress Report on the Implementation of the Inter-American Convention against Corruption (SG/MESICIC/doc.263/10 rev. 2), which reflects the advances made in this process by the MESICIC member states;
d. To express its satisfaction with the work session by international experts, in the framework of the MESICIC technical cooperation project, on the model legislation to protect persons who report and/or witness acts of corruption, held in the city of Lima, Peru, on April 6 and 7, 2011.
e. To support the holding of the Second Conference on Progress and Challenges in Hemispheric Cooperation against Corruption, which will be held on June 21 and 22, 2011, in the Republic of Colombia, in cooperation with the Government of that country, which will facilitate an exchange of good practices and experiences with the issues examined in the MESICIC framework and thus contribute to implementation of the Mechanism’s recommendations and to strengthening inter-American cooperation against corruption.
f. To suggest to the MESICIC Committee of Experts that it consider placing on its agenda, as a collective interest issue, quality management in the public sector.
g. To request the General Secretariat to continue identifying sources of funding within the OAS, such as the Regular Fund, as well as sources of external funding, such as international and regional financial institutions and national government agencies, among others, for the adequate functioning of the MESICIC and, when applicable, for the full and effective implementation of its recommendations and of the activities of the countries at which such recommendations are directed;
h. To invite the Conference of States Parties to the MESICIC to continue reporting to the Permanent Council on the implementation of concrete measures to strengthen the MESICIC, as well as on other topics submitted to it for consideration;
i. To request the General Secretariat to continue, through the Department of Legal Cooperation of the Secretariat for Legal Affairs, to provide technical secretariat services to the Conference of States Parties to the MESICIC and to the Committee of Experts of that mechanism; and
j. To request the General Secretariat to continue, through the Department of Legal Cooperation of the Secretariat for Legal Affairs and in accordance with the provisions of section I.2.g of the Inter-American Program for Cooperation in the Fight against Corruption, designing and conducting a training program for members of the Committee of Experts of the MESICIC, aimed at the implementation of both the methodology of the Mechanism and the recommendations it has made regarding the provisions of the Inter-American Convention against Corruption.
6. To thank the Government of Brazil for its successful organization of the Third Meeting of the Conference of States Parties to the MESICIC, held in Brasilia, Brazil, on December 9 and 10, 2010.
7. To endorse the recommendations of the Third Meeting of the Conference of States Parties to the MESICIC (MESICIC/CEP-III/doc.4/10 rev. 1), which are a valuable contribution to the continued strengthening of the Mechanism, and, in that regard, express its support for the measures necessary to implement them, including the holding of on-site visits as of the Fourth Round of Review of the Committee of Experts of the MESICIC, with the prior consent of the respective state, in accordance with the methodology that the Committee adopted by consensus at its last meeting held in Washington, D.C., in March 2011, the text of which is contained in the document SG/MESICIC/doc.276/11 rev. 2.
8. To invite the States Parties to the MESICIC to express their consent for holding on-site visits during the Committee’s Fourth Round of Review, in keeping with provision 5 of the Methodology for Conducting On-site Visits adopted by the MESICIC Committee of Experts.
9. To recognize the contributions made by civil society organizations in the implementation process of the MESICIC recommendations, in accordance with provision 8 of the Report of Buenos Aires and Article 34 of the Rules of Procedure of the Committee, as well as in the new opportunities for participation set out for these organizations in provisions 26 and 27 of the methodology adopted by the Committee for on-site visits, which advance the objectives of the pertinent recommendations of the Third Meeting of the Conference of States Parties of the MESICIC.
10. To express its satisfaction with the approval, at the Third Meeting of the Conference of States Parties to the MESICIC, of the strategy in relation to the United Nations Convention against Corruption (MESICIC/CEP-III/doc.4/10 rev. 1), in accordance with the provisions contained in Chapter VII of the Inter-American Program for Cooperation in the Fight against Corruption (MESICIC/CEP-II/doc.5/06 rev. 2).
11. To request the General Secretariat to continue providing, through the Department of Legal Cooperation of the Secretariat for Legal Affairs and pursuant to Chapter VIII of the Inter-American Program for Cooperation in the Fight against Corruption, the technical support needed to implement that program within the resources allocated in the program-budget of the Organization and other resources.
12. To encourage member states and other donors to consider contributing, in accordance with Article 74 of the General Standards to Govern the Operations of the General Secretariat, to the OAS specific fund “Inter-American Anti-Corruption Fund” to assist member states in implementing the Inter-American Convention against Corruption and the MESICIC country report recommendations and to support operations of the MESICIC itself, including the on-site visits.
13. To request the Permanent Council to report to the General Assembly at its forty-second regular session 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.

AG/RES. 2656 (XLI-O/11)

GUARANTEES FOR ACCESS TO JUSTICE. THE ROLE OF
OFFICIAL PUBLIC DEFENDERS
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


RECALLING that, pursuant to the Charter of the Organization of American States (OAS), the American Declaration of the Rights and Duties of Man, and the American Convention on Human Rights, and bearing in mind all applicable provisions of international human rights law within their respective spheres of application, human rights and fundamental freedoms must be respected, without distinction of any kind;
RECALLING ALSO that the International Covenant on Civil and Political Rights establishes the obligation of the States Parties to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the Covenant. Article 14 provides that everyone charged with a criminal offense shall be entitled to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
UNDERSCORING that Article 8.2.e of the American Convention on Human Rights establishes the inalienable right to be assisted by counsel provided by the State, paid or not, as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law;
AFFIRMING the universal, indivisible and interdependent nature of human rights;
AFFIRMING ALSO that the member states have the obligation to respect and guarantee the exercise of the rights recognized in the international treaties to which they are party and in their domestic legislation, removing the obstacles that may impair or limit access to a public defender, in such a way as to ensure full and free access to justice;
CONSIDERING that access to justice, as a fundamental right, is also the means of restoring the exercise of rights that have been disregarded or violated and underscores that access to justice is not limited to ensuring admission to a court but applies to the entire process, which must be conducted in conformity with the principles of the rule of law, such as a fair trial, right through to execution of the sentence;
BEARING IN MIND:
United Nations Human Rights Committee General Comment No. 32, para. 9, which states that access to the administration of justice must be effectively guaranteed in all cases;
The “Brasilia Regulations regarding Access to Justice for Vulnerable People” (XIV Ibero-American Judicial Summit, Brasilia, Federative Republic of Brazil, 2008), which are designed to guarantee effective access to justice for vulnerable people, without any discrimination, so that said persons can make full use of judicial system services; and which, moreover, promote the implementation of public policies designed to assist people with technical-legal counsel. The meaning of this final clause lacks clarity and we would prefer its elimination;
UNDERSCORING the work done by Official Public Defenders in a number of countries in the region to defend the fundamental rights of individuals, especially cost-free legal counsel services, which provide simple and timely access to justice for everyone and in particular to people who are especially vulnerable;
TAKING INTO ACCOUNT that it is vital that said services operate independently; and
NOTING WITH IMMENSE SATISFACTION the implementation of the position of “Inter-American Public Defender” and of the Memorandum of Understanding between the Court and the Inter-American Association of Public Defenders (AIDEF) for the motu propio appointment of a public defender and ensuring free legal counsel services to alleged victims of human rights violations, as required, in the processing of contentious cases,
RESOLVES:


  1. To affirm that access to justice, as a fundamental right, is also the means of restoring the exercise of rights that have been disregarded or violated.




  1. To support the work being done by official public defenders in the states of the Hemisphere, as this constitutes a core aspect for strengthening access to justice and to consolidate democracy.




  1. To affirm the fundamental importance of cost-free legal counsel services for promoting and protecting the right of access to justice for everyone, particularly those who are especially vulnerable.

4. To recommend to member states that already provide free legal counsel to take steps to ensure that Official Public Defenders operate independently.




  1. To encourage member states that do not yet have the institution of free legal counsel to consider the possibility of establishing it within the framework of their legal order.




  1. To urge states to foster international cooperation opportunities for sharing experience and best practices in this field.




  1. To encourage states and the organs of the inter-American system to promote agreements regarding courses and training for Official Public Defenders.




  1. To support the work of the Inter-American Association of Public Defender Offices (AIDEF) in strengthening public defender services in member states.




  1. To request the Permanent Council to report to the General Assembly at its forty-second 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. 2657 (XLI-O/11)

MEETING OF MINISTERS OF JUSTICE OR OTHER MINISTERS
OR ATTORNEYS GENERAL OF THE AMERICAS
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.5217/11), in particular as it pertains to the implementation of resolution AG/RES. 2581 (XL-O/10), “Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas”;
RECALLING that, in the Summits of the Americas, the Heads of State and Government supported the work done in the context of the Meetings of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA) and the implementation of their conclusions and recommendations;
BEARING IN MIND that in the Declaration on Security in the Americas, adopted in Mexico City in 2003, 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 resolution AG/RES. 2581 (XL-O/10) ordered that the Permanent Council be instructed to duly follow up on the “Conclusions and Recommendations of REMJA VIII” and pursuant thereto, to convene the meetings referred to therein, to be held within the resources allocated in the program-budget of the Organization and other resources;
ADDITIONALLY TAKING INTO ACCOUNT that resolution AG/RES. 2581 (XL-O/10) ordered the acceptance with appreciation of “the offer of the Government of El Salvador to host REMJA IX, which is to be held in 2012,” and the acceptance with appreciation of “the offer of the Government of Paraguay to host the Fifth Meeting of the REMJA Working Group on Mutual Assistance in Criminal Matters and Extradition,”
RESOLVES:


  1. To note its satisfaction with the progress made with implementing the recommendations of REMJA VIII, which may be seen, such as, in:




    1. The holding of the technical meeting on the usefulness of the Network for Legal Cooperation in the Area of Family and Child Law and the interest expressed by states in establishing a working group on that topic, coordinated by Brazil and held in Washington, D.C., on November 11 to 13, 2010, the recommendations of which may be seen in document REDFN/RT/doc.06/10 rev. 1.




    1. The holding of regional training workshops on cybercrime in Mexico City, Mexico, on June 23 to 25, 2010; in Lima, Peru, on August 31 to September 2, 2010; and in Antigua and Barbuda, on December 13 to 16, 2010.




    1. The joint holding by CICTE and REMJA of a workshop on regional coordination and exchanges of information related to cybersecurity and cybercrime in Miami, United States, in May 2011.




    1. The updating, maintenance, and expansion of the public, private, and secure electronic communications components of the OAS Network on Criminal Matters, along with the launch of a pilot phase of the tool for using secure videoconferencing among central authorities and for legal cooperation on criminal matters among the competent authorities.




  1. To instruct the Permanent Council to duly follow up on the “Conclusions and Recommendations of REMJA VIII” and, pursuant thereto, to convene the following meetings, which will be held before REMJA IX is held and within the resources allocated in the program-budget of the Organization and other resources:




    1. The Fifth Meeting of the Working Group on Mutual Assistance in Criminal Matters and Extradition, to be held in Paraguay;




    1. The Third Meeting of the Working Group on Penitentiary and Prison Policies;




    1. Seventh Meeting of the Working Group on Cybercrime, and




    1. A technical meeting of the authorities directly responsible for assisting and protecting victims and witnesses in the OAS member states, in order to identify priority areas for work.




  1. To convene the Ninth Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA IX), which is to be held in El Salvador en 2012, in accordance with the resources assigned in the Organization’s program-budget and other resources, and to instruct the Permanent Council to set a date for that meeting and, with the technical support of the Department of Legal Cooperation of the Secretariat for Legal Affairs of the General Secretariat, to carry out the corresponding preparatory work.




  1. To request the Permanent Council to report to the General Assembly at its forty-second 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. 2658 (XLI-O/11)

HUMAN RIGHTS DEFENDERS:
SUPPORT FOR INDIVIDUALS, GROUPS, AND
ORGANIZATIONS OF CIVIL SOCIETY WORKING TO PROMOTE AND PROTECT
HUMAN RIGHTS IN THE AMERICAS
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Permanent Council to the General Assembly, as it pertains to this topic, and resolution AG/RES. 2579 (XL-O/10) “Human Rights Defenders: Support for the Individuals, Groups, and Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas”;
RECALLING the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
RECOGNIZING the substantial role that human rights defenders can play in supporting efforts to strengthen peace and development, through dialogue, openness, participation, and justice;
REITERATING that “everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means” in accordance with domestic law consistent with the Charter of the United Nations and other international obligations of the state in the field of human rights and fundamental freedoms;
CONCERNED that situations persist in the Americas that directly or indirectly prevent or hinder the work of individuals, groups, or organizations working to promote and protect human rights and fundamental freedoms;
GRAVELY CONCERNED that, in some instances, national security and counterterrorism legislation and other measures have been misused to incriminate human rights defenders or to hinder their work and safety in a manner contrary to international law;
TAKING INTO ACCOUNT resolution 2005/67 of the former Commission on Human Rights of the United Nations, as well as United Nations General Assembly resolution 64/163, in which the member states noted “with deep concern that in many countries persons and organizations engaged in promoting and defending human rights and fundamental freedoms frequently face threats and harassment and suffer insecurity as a result of those activities, including through restrictions on freedom of association or expression or the right to peaceful assembly, or abuse of civil or criminal proceedings”;
CONSIDERING that the member states of the Organization of American States have demonstrated their full willingness to support the work carried out by human rights defenders and recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Americas, and to the representation and defense of individuals, minorities, people with disabilities, and other groups of persons whose rights are threatened or violated;
NOTING that the decisions of the Inter-American Court of Human Rights granting provisional measures, and the Report on the Situation of Human Rights Defenders in the Americas, prepared by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights (IACHR) in 2006, have highlighted the importance of the work of human rights defenders to the development of democracies in the Americas;
NOTING the decision of the IACHR to prepare a follow-up report on its Report on the Situation of Human Rights Defenders in the Americas of 2006, which will enable it to identify progress and challenges in this area;
EXPRESSING GRATITUDE for the information provided to the Inter-American Commission on Human Rights by the states and by civil society on the current situation faced by human rights defenders and the measures adopted to implement the recommendations set out in the Report on the Situation of Human Rights Defenders in the Americas;
URGING the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights to continue its work;
EMPHASIZING that everyone has duties toward and within the community, in which alone the free and full development of his or her personality is possible;
EMPHASIZING ALSO that the promotion and protection of human rights is legitimate work and that human rights defenders, in the exercise of their functions, contribute decisively to strengthening democratic institutions and improving national human rights systems; and
EMPHASIZING FURTHER the importance of the role of human rights defenders in promoting dialogue, openness, participation, and justice to contribute to the prevention of violence and promote sustainable peace and security, and the affirmation that, to be effective, international strategies in this area must pay special attention to protecting human rights defenders,
RESOLVES:


  1. To reiterate its support for the work carried out, at both the national and regional levels, by human rights defenders; and to recognize their valuable contribution to the promotion and protection of, and respect for, human rights and fundamental freedoms in the Hemisphere.




  1. To recognize that, in view of their gender-specific role and needs, women human rights defenders should be accorded special attention to ensure that they are fully empowered in order to be effective in carrying out their important activities.




  1. To condemn actions intended to prevent or hinder, whether directly or indirectly, the work of human rights defenders in the Americas.




  1. To encourage human rights defenders to continue their selfless work and to contribute to the enhancement of national human rights systems and to the strengthening of democracy, in accordance with the principles contained in the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.




  1. To encourage member states to continue or initiate, as the case may be, activities to educate and disseminate information to government officials, society at large, and the media, both public and private, so as to make them aware of the importance and validity of the work of human rights defenders and their organizations




  1. To urge member states to continue stepping up their efforts to adopt necessary measures to safeguard the lives, freedom, and personal safety of human rights defenders and their families, including effective emergency protection measures in the case of imminent threat or danger, and to ensure that thorough and impartial investigations and proceedings continue to be carried out, and appropriate punishments are applied, in all cases of human rights violations against human rights defenders.




  1. To urge states to take appropriate measures, in accordance with their domestic laws and their international obligations, or to continue to adopt them, as applicable, to address the question of impunity for attacks, threats, and acts of intimidation, including cases of gender-based violence, against human rights defenders and their families, including by ensuring that complaints are promptly investigated and addressed in a transparent, independent, and accountable manner.




  1. To request the Inter-American Commission on Human Rights (IACHR) to:




  1. Continue to give due consideration to this matter;




  1. Continue intensifying its dialogue and cooperation with the United Nations Special Rapporteur on the situation of human rights defenders; and




  1. I

    nclude in its annual report a section on the work of its Unit for Human Rights Defenders.






  1. To encourage member states to ensure that applicable national law–including registration where applicable under national law–concerning human rights defenders and their organizations allows their work to be carried out in a free, transparent, and open political environment and in a manner consistent with applicable international human rights and humanitarian law.




  1. To invite member states to promote the dissemination and implementation of the treaty and non-treaty instruments of the inter-American system and the decisions of its bodies on human rights matters, as well as the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms




  1. To invite member states to consider the preparation and implementation of national plans to apply the principles contained in the United Nations Declaration mentioned in the preceding paragraph, for which purpose they may also request the advisory services of the Inter-American Commission on Human Rights




  1. To invite those member states that have not yet done so to inform the IACHR of measures adopted to follow up on the recommendations contained in the Report on the Situation of Human Rights Defenders in the Americas, with a view to preparing a follow-up report.




  1. To request the Permanent Council to report to the General Assembly at its forty- second regular session on the implementation of this resolution. Execution of the activities identified herein shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2659 (XLI-O/11)

PROMOTION OF THE INTERNATIONAL CRIMINAL COURT29/30/
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


RECALLING its resolution AG/RES. 2577 (XL-O/10); and all its previous relevant resolutions;
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), AG/RES. 2279 (XXXVII-O/07), AG/RES. 2364 (XXXVIII-O/08), AG/RES. 2505 (XXXIX-O/09) and AG/RES. 2577 (XL-O/10);
RECALLING ALSO the recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102, Doc. 6 rev., of 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);
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 basic duty of investigating, prosecuting, and, when there is sufficient evidence to convict, punishing such violations, so as to prevent their recurrence and avoid the impunity of their perpetrators;
REAFFIRMING the primary responsibility of states, through their national jurisdictions, to investigate and prosecute the perpetrators of the most serious crimes of concern to the international community, in a way consistent with international law, and bearing in mind the complementary nature of the jurisdiction of the International Criminal Court in respect of the crimes for which they have competence;
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;
CONVINCED that the Rome Statute and the International Criminal Court are effective instruments for consolidating international criminal law and for guaranteeing that international justice can help consolidate lasting peace;
WELCOMING WITH SATISFACTION the fact that 114 states have now ratified or acceded to the Rome Statute, among them 26 members of the Organization of American States (OAS), with Saint Lucia the most recent state to ratify it, on August 18, 2010, and that 14 member states have ratified or acceded to the Agreement on Privileges and Immunities of the International Criminal Court, with Costa Rica the most recent state with its ratification on April 28, 2011;
WELCOMING the outcome of the Review Conference of the Rome Statute, held in Kampala, Uganda, from May 31 to June 11, 2010;
MINDFUL of the importance of full and effective cooperation from the states, from the United Nations, including the Security Council, other international and regional organizations, and civil society, to the effective functioning of the International Criminal Court, as recognized in the Rome Statute, and taking note of resolution 65/12 of the United Nations General Assembly, which invites regional organizations to consider the possibility of concluding cooperation agreements with the Court;
UNDERSCORING the importance of the “Exchange of Letters for the establishment of a cooperation agreement with the International Criminal Court” signed by the General Secretariat of the OAS and the International Criminal Court on April 18, 2011.
EMPHASIZING the important work of the Coalition for the International Criminal Court in promoting the Rome Statute with the member states;
EXPRESSING its satisfaction with the holding, at OAS headquarters, on March 10, 2011, 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 Department of International Law, in which representatives of the International Criminal Court, government officials, representatives of international organizations, and civil society organizations participated, and taking note of the results of that meeting, contained in the meeting report CP/CAJP-2978/11; and
TAKING NOTE of the Annual Report of the Permanent Council to the General Assembly (AG/doc.5217/11),
RESOLVES:
1. To renew its appeal to those member states that have not already done so to consider ratifying or acceding to, as the case may be, the Rome Statute of the International Criminal Court and its Agreement on Privileges and Immunities.
2. To remind those member states that are parties to said instruments that it is important to promote their universal adoption and to continue to adopt the necessary measures to achieve its full and effective implementation, including measures to adjust their national legislation, in particular regarding the definition of the crimes within the jurisdiction of the International Criminal Court, as well as international cooperation and judicial assistance.
3. To welcome with satisfaction the cooperation and assistance provided to date to the International Criminal Court by those member states that are parties to the Rome Statute, by those member states that are not, and by international and regional organizations, and to urge them to continue their efforts to ensure cooperation and assistance with the International Criminal Court in accordance with their respective international obligations, particularly as regards arrest and delivery, presentation of evidence, protection and movement of victims and witnesses, and serving of sentences, so as to avoid the impunity of the perpetrators of crimes over which it has jurisdiction.
4. To draw attention to the importance of the cooperation that states that are not parties to the Rome Statute can render to the International Criminal Court.
5. To urge those member states that are parties to the Rome Statute to promote and defend the work of the International Criminal Court and to conduct thorough and transparent processes to identify the best candidates for judges and for the prosecutor of the International Criminal Court and to elect from among the latter those that are most highly qualified in accordance with the Rome Statute.
6. To encourage those member states that are able to do so to contribute to the Trust Fund for Victims of crimes within the jurisdiction of the International Criminal Court, and their families, to the Special Trust Fund for Relocation, as well as to the Trust Fund to enable the participation of least developed countries and other developing countries, with a view to facilitating their participation at the Assembly of States Parties.
7. To encourage those member states that are parties to the Rome Statute to follow up specifically on the results of the Review Conference, in particular the ratification of the amendments adopted and to deliver on the pledges made during the Review Conference.
8. To request the Inter-American Juridical Committee (CJI), with collaboration from the General Secretariat and the Secretariat for Legal Affairs, to continue providing support for and promoting in member states the training of administrative and judicial officials and academics on cooperation with the International Criminal Court and adoption of national legislation in that regard.
9. To thank the CJI for its recent work in preparing model legislation on implementation of the Rome Statute and, in particular, its reports on criminalization of offenses within the jurisdiction of the International Criminal Court, the “Report on the Activities on Promotion of the International Criminal Court and Preliminary Draft of Model Texts for Crimes Contemplated in the Rome Statute,” (CJI/doc.360/11 rev. 1) and its supplemental report (CJI/doc.374/11), and to request those states that have not yet criminalized those offenses to consider implementing the suggestions of the Committee, where appropriate.
10. To request the General Secretariat to report on implementation of the cooperation measures set forth in the Exchange of Letters for the establishment of a cooperation agreement with the International Criminal Court” signed by the General Secretariat of the OAS and the International Criminal Court.
11. To request the Permanent Council to hold a working meeting prior to the forty-third regular session of the General Assembly, with support from the Department of International Law, which should include a high-level dialogue session among the permanent representatives of all member states to discuss, among other matters, measures that would strengthen cooperation with the International Criminal Court. The International Criminal Court, international organizations and institutions, and civil society will be invited to cooperate and participate in this working meeting.

12. To request the Secretary General to report to the General Assembly at its forty-second regular session on the implementation of the mandates 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.

FOOTNOTES

1

. … special importance to this issue, establishing these crimes in Title XXII of Law No. 641 of 2007 (Criminal Code). These norms are only to be applied by the Nicaraguan judiciary. Article 158 of the Constitution establishes that justice emanates from the people and shall be imparted on their behalf by the Judicial Branch made up of the courts of justice established by law”. As regards the exhortation to States to consider acceding to or ratifying the Rome Statute of the International Criminal Court, the Government of Nicaragua cannot for the time being accede to the Rome Statute as conditions in our country do not favor our adhering to this international instrument.


Nicaragua bases its International relations on friendship and solidarity among peoples and reciprocity between States. It therefore refrains from and prohibits any kind of political, military, economic, cultural, and religious action and intervention in the affairs of other States. It recognizes the principle of peaceful settlement of international disputes through the mechanisms provided by international law and prohibits any means of mass destruction in domestic and international conflicts. Nicaragua observes with concern the increase in violations of international humanitarian law, as well as of international human rights law in various parts of the world, especially in the Arab Republic of Libya, where the situation is being exacerbated by NATO’s intervention, which is carrying out acts of aggression against the Libyan population, killing civilians and engaging in actions to overthrow the authorities in that country, under a biased and egregious interpretation of United Nations Security Council resolution 1973.
2. in righting those wrongs.  As the United States has emphasized, we cannot ignore the terrible crimes that have been perpetrated, wherever they may occur, and the massive human suffering that the world has witnessed. The United States recognizes that the International Criminal Court can play a key role in bringing perpetrators of the worst atrocities to justice.  As a non-party to the Rome Statute, the United States can be a valuable partner and ally in the cause of advancing international justice.  The United States continues to have reservations with respect to particular elements of this resolution.   In this connection, with respect to the amendments adopted at the Review Conference, the United States notes the differences between the crime of aggression and the crimes defined in Articles 6, 7, and 8 of the Rome Statute, and believes that it was wise for the States Parties to subject the Court’s exercise of jurisdiction over the crime of aggression to a decision to be taken after January 1, 2017.  Among other things, this will provide breathing space in which measures that require attention can be considered, and in which progress on other issues facing the international community – the effort to ensure accountability for perpetrators of war crimes, genocide, and crimes against humanity– can be consolidated.  The United States understands that any OAS support rendered to the ICC, including under any arrangements agreed to under the “Exchange of Letters for the establishment of a Framework Cooperation Agreement,” will be drawn from specific fund contributions rather than the OAS regular budget.

AG/RES. 2660 (XLI-O/11)




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