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AG/RES. 1929 (XXXIII-O/03)
PROMOTION OF THE INTERNATIONAL CRIMINAL COURT[3]
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
RECALLING its 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), and AG/RES. 1900 (XXXII-O/02), the recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102, doc. 6 rev., April 16, 1999, Chap. VII, 21.3.B), and the document “Framework for OAS Action on the International Criminal Court” (AG/INF.248/00);
RECOGNIZING that the adoption of the Statute of the International Criminal Court on July 17, 1998, in Rome, is a milestone in efforts to combat impunity and that the Court is an effective instrument for consolidating international justice;
CONCERNED over the persistent violations of international humanitarian law and international human rights law throughout the world;
AFFIRMING that the states have the primary duty to prosecute and punish those violations so as to prevent their recurrence and avoid the impunity of the perpetrators of those crimes;
MINDFUL of the importance of preserving the effectiveness and integrity of the Rome Statute of the International Criminal Court;
WELCOMING the historic entry into force of the Rome Statute of the International Criminal Court on July 1, 2002, because as of that date the Court became a judicial body complementing the efforts of national jurisdictions to prosecute the perpetrators of the most serious international crimes, such as genocide, crimes against humanity, and war crimes;
EXPRESSING its satisfaction with the holding of the first session of the Assembly of States Parties to the Rome Statute of the International Criminal Court and the adoption of instruments that will facilitate the Court’s operations, including the Elements of Crimes and the Rules of Procedure and Evidence;
WELCOMING the appointment of the 18 judges and the Prosecutor of the International Criminal Court and the election of five judges from the Americas, two of whom are women;
RECOGNIZING that 139 states, including 26 member states of the Organization of American States, have signed the Rome Statute and that 89 states, including 19 member states of the Organization of American States, have ratified or acceded to it; and
EXPRESSING its satisfaction that the Special Meeting of the Committee on Juridical and Political Affairs on Promotion of and Respect for International Humanitarian Law was held at OAS headquarters on March 20, 2003, regarding which the Chair of the Committee prepared the report contained in document DIH/doc.23/03,
RESOLVES:
1. To urge those member states of the Organization that have not already done so to consider ratifying or acceding, as the case may be, to the Rome Statute of the International Criminal Court.
2. To urge all member states of the Organization to continue to participate constructively, even as observer states, in the Assembly of States Parties to the Rome Statute of the International Criminal Court in order to ensure the best possible operating environment for the Court, in a context of unconditional defense of the integrity of the Rome Statute.
3. To urge the member states of the Organization that are parties to the Rome Statute to adapt and amend their domestic law, as necessary, with a view to the effective application of the Statute.
4. To urge the member states of the Organization, whether or not they are parties to the Rome Statute, to consider the signature and ratification, or the ratification, as the case may be, of the Agreement on the Privileges and Immunities of the International Criminal Court and, in the case of states that are already parties to the Agreement, to take measures to ensure its effective application at the domestic level.
5. To thank the Inter-American Juridical Committee for including on the agenda for the next joint meeting with legal advisers of the foreign ministries of OAS member states an examination of mechanisms for addressing and preventing serious and persistent violations of international humanitarian law and international human rights law, and of the role of the International Criminal Court in that process [CJI/RES. 53 (LXII-O/03)].
6. To request the Permanent Council to include the topic of the International Criminal Court on the agenda of a meeting of the Committee on Juridical and Political Affairs.
7. To urge the member states of the Organization to cooperate in preventing those responsible for the worst crimes of concern to the international community, such as genocide, crimes against humanity, and war crimes, from acting with impunity.
8. To request the Permanent Council to follow up on this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources, and to present a report on its implementation to the General Assembly at its thirty-fourth regular session.
ANNEx
Statement by the Delegation of the United States
The United States has long been concerned about the persistent violations of international humanitarian law and international human rights law throughout the world. We stand for justice and the promotion of the rule of law. The United States will continue to be a forceful advocate for the principle of accountability for war crimes, genocide and crimes against humanity, but we cannot support the seriously flawed International Criminal Court. Our position is that states are primarily responsible for ensuring justice in the international system. We believe that the best way to combat these serious offenses is to build and strengthen domestic judicial systems and political will and, in appropriate circumstances, work through the United Nations Security Council to establish ad hoc tribunals as in Yugoslavia and Rwanda. Our position is that international practice should promote domestic accountability. The United States has concluded that the International Criminal Court does not advance these principles.
The United States has not ratified the Rome Treaty and has no intention of doing so. This is because we have strong objections to the International Criminal Court, which we believe is fundamentally flawed. The International Criminal Court undermines national sovereignty with its claim to jurisdiction over the nationals of states not party to the agreement. It has the potential to undermine the role of the United Nations Security Council in maintaining international peace and security. We also object to the Court because it is not subject to adequate checks and balances. We believe that an independent court with unchecked power is open to abuse and exploitation. Its structure lends itself to the great danger of politically-motivated prosecutions and decisions. The inclusion of the still-undefined crime of aggression within the statute of the Court creates the potential for conflict with the United Nations Charter, which provides that the Security Council determines when an act of aggression has occurred.
The United States notes that in past decades several member states have reached national consensus for addressing historic conflicts and controversies as part of their successful and peaceful transition from authoritarian rule to representative democracy. Indeed, some of those sovereign governments, in light of new events, evolved public opinion, or stronger democratic institutions, have decided on their own and at a time of their choosing to reopen past controversies. These experiences provide compelling support for the argument that member states–particularly those with functioning democratic institutions and independent functioning judicial systems–should retain the sovereign discretion to decide as a result of democratic and legal processes whether to prosecute or to seek national reconciliation by other peaceful and effective means. The United States is concerned that the International Criminal Court has the potential to undermine the legitimate efforts of member states to achieve national reconciliation and domestic accountability by democratic means.
Our policy on the ICC is consistent with the history of our policies on human rights, the rule of law and the validity of democratic institutions. For example, we have been a major proponent of the Special Court in Sierra Leone because it is grounded in sovereign consent, combines domestic and international participation in a manner that will generate a lasting benefit to the rule of law within Sierra Leone, and interfaces with the Truth and Reconciliation Commission to address accountability.
The United States has a unique role and responsibility to help preserve international peace and security. At any given time, U.S. forces are located in close to 100 nations around the world, for example, conducting peacekeeping and humanitarian operations and fighting inhumanity. We must ensure that our soldiers and government officials are not exposed to the prospect of politicized prosecutions and investigations. Our country is committed to a robust engagement in the world to defend freedom and defeat terror; we cannot permit the ICC to disrupt that vital mission.
In light of this position, the United States cannot in good faith join in the consensus on an OAS resolution that promotes the Court.
AG/RES. 1930 (XXXIII-O/03)
PREVENTION OF
RACISM AND ALL FORMS OF DISCRIMINATION AND
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3);
BEARING IN MIND that Article 45.a of the Charter of the Organization of American States and Article II of the American Declaration of the Rights and Duties of Man proclaim that all human beings have equal rights and that, in Articles 1 and 2 of the American Convention on Human Rights, the states parties undertake to respect the rights and freedoms recognized therein, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition;
AWARE that the preamble to the Declaration and Plan of Action of the Regional Conference of the Americas, held in Santiago, Chile, in December 2000, to prepare for the United Nations World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa in 2001, recognizes that “in spite of the efforts made by States in the region, racism, racial discrimination, xenophobia and related intolerance still persist in the Americas and continue to be causes of suffering, disadvantage and violence, as well as of other serious human rights violations, which must be fought by all available means as a matter of the highest priority”;
CONSIDERING the report of the Inter-American Juridical Committee on the preparation of a draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, contained in its annual report (2001) (CP/doc.3545/02);
BEARING IN MIND ALSO the comments on this topic submitted to the Committee on Juridical and Political Affairs by the President of the Inter-American Commission on Human Rights, through document CP/CAJP-2033/03;
TAKING INTO ACCOUNT that resolution AG/RES. 1905 (XXXII-O/02) instructed the Permanent Council, inter alia, to “initiate the study of possible strategies for promoting, through initiatives in the areas of education and justice administration, public awareness campaigns, tolerance, and full and effective equality for all persons in building pluralistic, inclusive societies, on the understanding that national programs and international cooperation should be encouraged”; and
CONVINCED that the Organization must continue to make every effort to promote the elimination of racism and all forms of discrimination and intolerance,
RESOLVES: 1. To request the Justice Studies Center of the Americas (JSCA) to conduct, within the framework of its mandate and available resources, a study of the experiences of member states in, and methods for, handling cases of racism, racial discrimination, xenophobia, and intolerance considered by their justice administration systems, focusing in particular on:
a. The extent to which race, nationality, creed, sex, or social condition, inter alia, can be a basis of discrimination in the administration of justice;
b. The extent to which the victims of racism, racial discrimination, xenophobia, and related intolerance, as identified in Chapter II of the Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa, are discriminated against in justice administration systems;
c. The effective protection of the right to equality before the law, regardless of distinctions, as established in Article II of the American Declaration of the Rights and Duties of Man, in the justice systems of states; and
d. Practices, mechanisms, and instruments which could be utilized to improve justice administration systems in order to prevent and combat all forms of racial discrimination and intolerance.
2. To request the Justice Studies Center of the Americas to also forward this study to the Inter-American Juridical Committee for its consideration.
3. To request the Inter-American Commission on Human Rights to conduct a study of the laws of member states of the Organization of American States dealing with the adoption of policies to promote equality or affirmative action. Such policies must be understood in connection with Article 1.4 of the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the General Assembly of the United Nations on December 21, 1965:
“Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.”
4. To request the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to continue, in the framework of inter-American legal instruments currently in force, to pay special attention to this topic.
5. To instruct the Permanent Council, through its Committee on Juridical and Political Affairs, to:
a. Continue to address, as a matter of priority, the subject of preventing, combating, and eradicating racism and all forms of discrimination and intolerance; and
b. Receive and analyze for this purpose the contributions mentioned in paragraphs 1 and 3 of this resolution, as well as contributions from the delegations of member states, the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, the Inter-American Juridical Committee, and civil society organizations, with a view to examining existing strategies at the national level for combating racial discrimination and considering areas for international cooperation, including, inter alia, the possibility of an Inter-American Convention against Racism and All Forms of Discrimination and Intolerance.
6. To request the Permanent Council to present a report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution.
AG/RES. 1931 (XXXIII-O/03)
PROTECTING HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
REAFFIRMING the principles and purposes of the Charter of the Organization of American States and the Charter of the United Nations;
NOTING that everyone is entitled to the rights and freedoms set forth in the Universal Declaration of Human Rights, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status, and that this applies in all circumstances in accordance with international law;
REITERATING that all persons are equal before the law and have the rights and duties established in the American Declaration of the Rights and Duties of Man, without distinction as to race, sex, language, creed, or any other factor;
CONSIDERING that terrorism is a serious criminal phenomenon of deep concern to all member states, which jeopardizes democracy; prevents the enjoyment of human rights and fundamental freedoms; threatens the security of states and individuals, destabilizing and undermining the foundations of all society; and adversely affects the economic and social development of the states in the region;
TAKING INTO ACCOUNT resolution AG/RES. 1840 (XXXII-O/02), in which it adopted the Inter-American Convention against Terrorism, as well as its resolution AG/RES. 1906 (XXXII-O/02), “Human Rights and Terrorism”; and
TAKING INTO ACCOUNT ALSO the Report on Terrorism and Human Rights prepared by the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.116 – doc.5 rev. 1); the comments and observations made thereon by member states (CP/CAJP-2037/03); and the annual report of the Inter-American Commission on Human Rights (CP/doc.3709/03 add. 1 and 2),
RESOLVES:
1. To reaffirm that the fight against terrorism must be pursued with full respect for the law, human rights, and democratic institutions, so as to preserve the rule of law and democratic freedoms and values in the Hemisphere.
2. To reaffirm that all member states have the duty to ensure that all measures adopted to combat terrorism are taken in keeping with their obligations under international law, in particular international human rights law, international law on refugees, and international humanitarian law.
3. To urge member states to consider, as appropriate, signing and ratifying, or acceding to, the Inter-American Convention against Terrorism and to take such steps as are pertinent with a view to implementation of the provisions of that treaty.
4. To welcome with satisfaction the Report on Terrorism and Human Rights of the Inter-American Commission on Human Rights and to request the Commission to continue to promote respect for and the defense of human rights in this area and to facilitate member states’ efforts to properly fulfill their international human rights commitments when developing and executing antiterrorism measures, focusing, in particular, on the rights of the members of those groups that might find themselves vulnerable, disadvantaged, or threatened with discrimination as a result of terrorist violence or antiterrorist initiatives, and to report to the Permanent Council on the advisability of conducting a follow-up study.
5. To instruct the Permanent Council:
a. To convene a meeting to continue studying the Commission’s Report on Terrorism and Human Rights, with the participation of specialized agencies of the inter-American system, and other international and civil society organizations; and
b. To convene a meeting of government experts to exchange, from a human rights perspective, best practices and national experiences in adopting antiterrorism measures in keeping with the international commitments of their states, and to transmit to the Inter-American Committee against Terrorism a report on that meeting.
6. To encourage dialogue and collaboration among the Inter-American Committee against Terrorism, the Inter-American Commission on Human Rights, and other pertinent areas of the Organization on the topic of protecting human rights and fundamental freedoms while countering terrorism.
7. To request the Permanent Council to present to the General Assembly at its thirty-fourth regular session a report on implementation of this resolution, which is to be effected within the resources allocated in the program-budget of the Organization and other resources.
AG/RES. 1932 (XXXIII-O/03)
ACCESS TO PUBLIC INFORMATION: STRENGTHENING DEMOCRACY
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
EMPHASIZING that Article 13 of the American Convention on Human Rights establishes that the right to freedom of thought and expression includes freedom to seek, receive, and impart information and ideas, regardless of frontiers and through any medium;
EMPHASIZING ALSO that Article 4 of the Inter-American Democratic Charter states that transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy;
RECALLING that, according to the Plan of Action of the Third Summit of the Americas, held in Quebec City in 2001, the governments will ensure that national legislation relating to freedom of expression is applied equitably to all, respecting freedom of expression and access to information by all citizens;
CONSIDERING that access to public information is a requisite for the very functioning of democracy, greater transparency, and good governance and that, in a representative and participatory democratic system, the citizenry exercises its constitutional rights, inter alia, the rights to political participation, the vote, education, and association, by means of broad freedom of expression and free access to information;
RECOGNIZING that the goal of achieving an informed citizenry must sometimes be rendered compatible with other societal aims such as safeguarding national security, public order, and protection of personal privacy, pursuant to laws passed to that effect;
TAKING NOTE of the Declaration of Principles on Freedom of Expression of the Inter-American Commission on Human Rights; and
RECALLING initiatives recently taken by civil society regarding access to public information, in particular the Declaration of Chapultepec, the Johannesburg Principles, and the Lima Principles,
RESOLVES:
1. To reaffirm that everyone has the freedom to seek, receive, access, and impart information and that access to public information is a requisite for the very exercise of democracy.
2. To reiterate that states are obliged to respect and promote respect for everyone’s access to public information and to promote the adoption of any necessary legislative or other types of provisions to ensure its recognition and effective application.
3. To urge member states to take into consideration the principles of access to information in drawing up and adapting national security laws.
4. To encourage member states, through their respective national legislation and other appropriate means, to take necessary measures to facilitate the electronic availability of public information.
5. To instruct the Permanent Council to promote seminars and forums designed to foster, disseminate, and exchange experiences and knowledge about access to public information so as to contribute, through efforts by the member states, to fully implementing such access.
6. To instruct the Inter-American Commission on Human Rights, through the Special Rapporteur for Freedom of Expression, to continue including in its annual report a report on access to public information in the region.
7. To request the Permanent Council to report to the General Assembly at its next regular session on the implementation of this resolution, which will be carried out in accordance with resources allocated in the program-budget of the Organization and other resources.
AG/RES. 1942 (XXXIII-O/03)
THIRD BIENNIAL
REPORT ON FULFILLMENT OF RESOLUTION
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Third Biennial Report of the Permanent Secretariat of the Inter-American Commission of Women on Fulfillment of Resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará’” (CP/doc.3718/03);
RECALLING resolution AG/RES. 1456 (XXVII-O/97), "Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará,’” in which the Permanent Secretariat of the Inter-American Commission of Women (CIM) was instructed, in order to ensure follow-up of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, to report to the General Assembly every two years on progress made in its application and on experiences and results achieved through the initiatives and programs pursued in the member states to combat violence against women;
RECALLING ALSO resolutions AG/RES. 1626 (XXIX-O/99) and AG/RES. 1768 (XXXI-O/01), concerning the first and second biennial reports on fulfillment of resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará’”;
CONSIDERING that, to date, 31 countries have ratified the Convention of Belém do Pará, thereby demonstrating their commitment to the fulfillment of the Convention’s objectives for the elimination of violence against women, and that the states are duty-bound to respect and fulfill the obligations they have assumed;
CONSIDERING ALSO that the Plans of Action of the Summits of the Americas, the Strategic Plan of Action of the Inter-American Commission of Women, and the Inter-American Program for the Promotion of Women’s Human Rights and Gender Equity and Equality have considered violence against women as an area for priority attention;
RECOGNIZING that, despite efforts to implement the objectives of the Convention of Belém do Pará, violence persists and is of such magnitude that it is imperative that efforts continue unabated to implement strategies to rid women of this scourge;
TAKING INTO ACCOUNT the project “Violence in the Americas,” the recommendations of the four subregional meetings held by the CIM, and the report submitted by that specialized organization;
BEARING IN MIND that, in resolution CP/RES. 807 (1307/02), the Permanent Council reiterated that the Regular Fund shall only be used to defray the costs of conferences and meetings already programmed in the budget of the Organization; and
BEARING IN MIND ALSO that the Assembly of Delegates of the CIM, at its thirty-first regular meeting, adopted resolution CIM/RES. 224 (XXXI-O/02), “Follow-up of the Convention of Belém do Pará,” in which it expressed an interest in studying the most appropriate way to follow up on the Convention of Belém do Pará,
RESOLVES:
1. To take note of the Third Biennial Report of the Permanent Secretariat of the Inter-American Commission of Women on Fulfillment of Resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Para,’” and to express concern regarding its conclusions.
2. To express its support for the work of the Inter-American Commission of Women and the member states in promoting the Convention and in pursuing its objectives, in keeping with the priorities established in the Plans of Action of the Summits of the Americas, the Strategic Plan of Action of the CIM, and the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality.
3. To request the General Secretariat to provide the necessary support to the meeting of experts which, pursuant to resolution CIM/RES. 224 (XXI-O/02), will consider the document prepared by the CIM, as well as other contributions and proposals, with a view to making recommendations on the most appropriate way to follow up on the Convention of Belém do Pará.
4. To urge the Secretary General to convene, in coordination with the CIM, a conference of states parties to the Convention of Belém do Pará to decide on the most appropriate way to follow up on the Convention, to which those member states that are not parties to the Convention and the Inter-American Commission on Human Rights should be invited. The costs of this meeting shall be financed from resources available in subprogram 10W of the Regular Fund, subject to a favorable recommendation from the Committee on Administrative and Budgetary Affairs (CAAP) on the plan presented by the CIM for that meeting. Any additional expense, or expense unforeseen in the Regular Fund, shall be covered with external funds or by the country offering to host the meeting.
5. To request the Rapporteur on the Rights of Women of the Inter-American Commission on Human Rights to bear in mind the recommendations contained in the Third Biennial Report of the Permanent Secretariat of the Inter-American Commission of Women on Fulfillment of Resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará’” (CP/doc.3718/03), as well as those issued by the subregional meetings on Violence in the Americas held in the framework of the CIM.
6. To urge all member states to continue to promote measures to prevent, punish, and eradicate violence against women in the Hemisphere, in particular by adapting their legislation in pursuit of this objective.
7. To encourage those member states that have not yet done so to consider, as the case may be, ratifying or acceding to the Convention of Belém do Pará.
8. To invite the member states of the Organization to contribute to financing activities aimed at providing appropriate follow-up to the Convention of Belém do Pará.
AG/RES. 1944 (XXXIII-O/03)
PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW[4]
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
REAFFIRMING the principles and purposes of the Charter of the Organization of American States and the Charter of the United Nations;
RECALLING its resolutions AG/RES. 1270 (XXIV-O/94), AG/RES. 1335 (XXV-O/95), AG/RES. 1408 (XXVI-O/96), AG/RES. 1503 (XXVII-O/97), AG/RES. 1565 (XXVIII-O/98), AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1770 (XXXI-O/01), AG/RES. 1771 (XXXI-O/01), AG/RES. 1900 (XXXII-O/02), and AG/RES. 1904 (XXXII-O/02);
DEEPLY CONCERNED over persistent violations of international humanitarian law affecting the world’s civilian populations, in particular children and women;
AWARE that the aim of international humanitarian law is the protection of the civilian population and all persons affected by armed conflict and that it also establishes that the right of parties to armed conflict to choose the methods and means of war is not unlimited;
RECOGNIZING that international humanitarian law sets forth appropriate provisions for preventing and alleviating human suffering in situations of armed conflict, the need to reinforce its provisions by achieving their universal acceptance and their widest possible dissemination and application, and the importance of developing it;
RECALLING that it is the obligation of all states to observe and enforce, in all circumstances, the standards established in the 1949 Geneva Conventions and, for the states that are parties thereto, those contained in the 1977 Additional Protocols to those conventions;
REITERATING the need for states to adopt legislative, administrative, educational, and practical measures for the application, at the national level, of international humanitarian law;
AWARE of the need to punish those responsible for war crimes, crimes against humanity, and other grave breaches of international humanitarian law;
RECALLING that the Rome Statute of the International Criminal Court defines war crimes and crimes against humanity that the states parties thereto have committed must not go unpunished;
TAKING NOTE of the holding of the first meeting of the International Criminal Court, on March 11, 2003;
TAKING NOTE ALSO of the entry into force, on February 12, 2002, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;
CONCERNED over the disappearance of persons and the taking of hostages, particularly during armed conflict, and the suffering this causes to families and loved ones during and after the conflict;
TAKING INTO ACCOUNT the results of the International Conference of Governmental and Non-Governmental Experts on the Missing, held in Geneva, Switzerland, from February 19 to 21, 2003;
UNDERSCORING the need to protect cultural property from the effects of armed conflicts;
NOTING the decision of the states parties to the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects to commence negotiations with a view to adopting a new instrument on explosive remnants of war;
RECOGNIZING the important part played by the national committees or commissions established in numerous countries for the dissemination and application of international humanitarian law in ensuring that the Geneva Conventions and, where applicable, the Additional Protocols thereto, as well as the other instruments of international humanitarian law, are incorporated into the domestic law of states parties to those instruments, so as to ensure proper compliance with and dissemination of those instruments;
UNDERSCORING ONCE MORE the ongoing efforts of the International Committee of the Red Cross (ICRC) to promote and disseminate knowledge of international humanitarian law and the activities it carries out as an organization that is impartial, neutral, and independent under any and all circumstances; and
EXPRESSING its satisfaction with the fruitful cooperation between the OAS General Secretariat and the ICRC in furtherance of the agreement signed on May 10, 1996, and with the holding of the Special Meeting of the Committee on Juridical and Political Affairs on Promotion of and Respect for International Humanitarian Law, at OAS headquarters on March 20, 2003, regarding which the Chair of the Committee prepared a report (DIH/doc.23/03),
RESOLVES:
1. To urge member states and all parties to an armed conflict to respect their obligations under international humanitarian law, particularly those that apply to the protection of the civilian population.
2. To urge member states of the Organization that have not yet done so to consider becoming parties to the following treaties:
a. The 1977 Additional Protocols I and II to the 1949 Geneva Conventions; and that they consider making the declaration contemplated in Article 90 of Protocol I;
b. The 1998 Rome Statute of the International Criminal Court;
c. The 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their Destruction;
d. The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, including the amendment to its Article I adopted in 2001 and its four protocols;
e. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its 1954 Protocol, and its 1999 Second Protocol, on enhanced protection;
f. The 1989 Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict, which includes their participation in hostilities and their recruitment into armed forces and armed groups;
g. The 1997 Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA); and
h. The 1994 Convention on the Safety of United Nations and Associated Personnel.
3. To urge member states and all parties to an armed conflict to respect the impartiality, neutrality, and independence of humanitarian action in accordance with the guiding principles adopted by the United Nations General Assembly in its resolution 46/182, dated December 19, 1991, and to ensure the well-being of the staff of humanitarian missions.
4. To urge member states to adopt the necessary measures to implement, at the national level, the provisions contained in the instruments of international humanitarian law to which they are parties; to enlist, if necessary, the technical assistance of the ICRC; to bring about the widest possible dissemination of international humanitarian law throughout the population, particularly among the armed forces and security forces, by including it in doctrine, military manuals, and official instruction programs.
5. To urge member states to continue to support the work of national advisory committees or commissions or similar bodies for the dissemination and implementation of international humanitarian law where they already exist, and to consider the advisability of establishing such bodies where this is not already the case, with support from the ICRC.
6. To urge the parties to an armed conflict to take immediate measures to determine the identity and status of persons reported as missing and to invite member states to consider the dissemination and application of the observations and recommendations adopted at the International Conference of Governmental and Non-Governmental Experts on the Missing, held in Geneva, Switzerland, from February 19 to 21, 2003.
7. To urge member states to apply the necessary measures to protect cultural property from the effects of armed conflicts, such as the identification, registration, or distinctive marking of such property.
8. To urge states, in accordance with international legal obligations they have assumed, to pay special attention both in times of peace and in times of armed conflict to the obligation, in the study, development, acquisition, or adoption of a new weapon or means or method of warfare, to determine whether its employment would be contrary to international humanitarian law, and, in that event, neither to adopt it for use by the armed forces nor to manufacture it for such purposes.
9. To invite the states parties to the Rome Statute to define in their criminal legislation, in addition to crimes that must be repressed by other international humanitarian law treaties, those set forth in the Statute, and to adopt all measures necessary to cooperate effectively with the International Criminal Court.
10. To invite member states to contribute to the quest for a solution to the problem of explosive remnants of war by means of a new instrument and to take part in the negotiations under way for that purpose at the United Nations.
11. To urge member states to consider adopting the appropriate measures, at the national level, to address the grave humanitarian consequences of the unregulated availability of arms, in keeping with the Programme of Action adopted at the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (New York, July 9-20, 2001).
12. To request the General Secretariat to continue to organize, through the Secretariat for Legal Affairs and in coordination with the ICRC, governmental conferences to disseminate and reinforce the implementation of international humanitarian law and related inter-American conventions.
13. To instruct the Permanent Council, with support from the General Secretariat and in cooperation with the ICRC, to continue to organize special meetings on topical issues in the area of international humanitarian law.
14. To instruct the Permanent Council to present a report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution.
ANNEX
STATEMENT BY THE DELEGATION OF THE UNITED STATES
The United States has long been concerned about the persistent violations of international humanitarian law and international human rights law throughout the world. We stand for justice and the promotion of the rule of law. The United States will continue to be a forceful advocate for the principle of accountability for war crimes, genocide and crimes against humanity, but we cannot support the seriously flawed International Criminal Court. Our position is that states are primarily responsible for ensuring justice in the international system. We believe that the best way to combat these serious offenses is to build and strengthen domestic judicial systems and political will and, in appropriate circumstances, work through the United Nations Security Council to establish ad hoc tribunals as in Yugoslavia and Rwanda. Our position is that international practice should promote domestic accountability. The United States has concluded that the International Criminal court does not advance these principles.
The United States has not ratified the Rome Treaty and has no intention of doing so. This is because we have strong objections to the International Criminal Court, which we believe is fundamentally flawed. The International Criminal Court undermines national sovereignty with its claim to jurisdiction over the nationals of states not party to the agreement. It has the potential to undermine the role of the United Nations Security Council in maintaining international peace and security. We also object to the Court because it is not subject to adequate checks and balances. We believe that an independent court with unchecked power is open to abuse and exploitation. Its structure lends itself to the great danger of politically-motivated prosecutions and decisions. The inclusion of the still-undefined crime of aggression within the statute of the Court creates the potential for conflict with the United Nations Charter, which provides that the Security Council determines when an act of aggression has occurred.
The United States notes that in past decades several Member States have reached national consensus for addressing historic conflicts and controversies as part of their successful and peaceful transition from authoritarian rule to representative democracy. Indeed, some of those sovereign governments, in light of new events, evolved public opinion, or stronger democratic institutions, have decided on their own and at a time of their choosing to reopen past controversies. These experiences provide compelling support for the argument that Member States – particularly those with functioning democratic institutions and independent functioning judicial systems – should retain the sovereign discretion to decide as a result of democratic and legal processes whether to prosecute or to seek national reconciliation by other peaceful and effective means. The United States is concerned that the International Criminal Court has the potential to undermine the legitimate efforts of Member States to achieve national reconciliation and domestic accountability by democratic means.
Our policy on the ICC is consistent with the history of our policies on human rights, the rule of law and the validity of democratic institutions. For example, we have been a major proponent of the Special Court in Sierra Leone because it is grounded in sovereign consent, combines domestic and international participation in a manner that will generate a lasting benefit to the rule of law within Sierra Leone, and interfaces with the Truth and Reconciliation Commission to address accountability.
The United States has a unique role and responsibility to help preserve international peace and security. At any given time, U.S. forces are located in close to 100 nations around the world, for example, conducting peacekeeping and humanitarian operations and fighting inhumanity. We must ensure that our soldiers and government officials are not exposed to the prospect of politicized prosecutions and investigations. Our country is committed to a robust engagement in the world to defend freedom and defeat terror; we cannot permit the ICC to disrupt that vital mission.
In light of this position, the United States cannot in good faith join in the consensus on an OAS resolution that promotes the Court.
AG/RES. 1951 (XXXIII-O/03)
PROMOTION AND
PROTECTION OF THE HUMAN RIGHTS
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the observations and recommendations of the Permanent Council on the annual reports of the organs, agencies, and entities of the Organization (AG/doc.4228/03), in particular as they pertain to the Annual Report of the Inter-American Children's Institute (CP/doc.3699/03);
TAKING INTO ACCOUNT its resolutions AG/RES. 1667 (XXIX-O/99), AG/RES. 1733 (XXX-O/00), AG/RES. 1709 (XXX-O/00), AG/RES. 1787 (XXXI-O/01), AG/RES. 1835 (XXXI-O/01), AG/RES. 1883 (XXXII-O/02), AG/RES. 1891 (XXXII-O/02), and AG/RES. 1847 (XXXII-O/02);
REITERATING the appeal made in the Plan of Action of the Third Summit of the Americas concerning the full integration of the human rights of children and adolescents into the work of hemispheric institutions, including the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights, and the Inter-American Children’s Institute, as well as the need to reinforce the role of the Inter-American Children's Institute as an advisor to the Summit Implementation Review Group (SIRG) on the matter;
BEARING IN MIND the provisions of the Convention on the Rights of the Child and the optional protocols to that Convention on the involvement of children in armed conflict and on the sale of children, child prostitution, and child pornography; Convention No. 29 of the International Labour Organization, on forced or compulsory labor; Convention No. 138, on the minimum age for admission to employment; and Convention No. 182, on the prohibition of the worst forms of child labor and immediate action to eliminate them; and the Inter-American Convention on Support Obligations, the Inter-American Convention on the International Return of Children, the Inter-American Convention on Conflict of Laws concerning the Adoption of Minors, and the Inter-American Convention on International Traffic in Minors; as well as other pertinent human rights instruments;
REAFFIRMING its commitment to create a world fit for children, in which sustainable human development, taking into account the best interest of the child, is founded on principles of democracy, equality, nondiscrimination, peace and social justice, and the universality, indivisibility, interdependence, and interrelatedness of all human rights, including the right to development;
RECOGNIZING the input provided by the Inter-American Children’s Institute in preparing a model national children’s system for the overall protection of children from the viewpoint of their rights; model public policies and plans of action for children and adolescents in situations of vulnerability and social risk; and prototype legal standards on child labor, sexual exploitation, drug abuse, and disabilities; information systems for monitoring rights; and information campaigns on children’s rights, on the basis the 2000-2004 Strategic Plan of the Inter-American Children’s Institute;
RECOGNIZING the role of the Special Rapporteur on Children of the Inter-American Commission on Human Rights in protecting and promoting the rights of children; and taking note of Advisory Opinion OC-17, “Juridical Status and Human Rights of Children,” adopted by the Inter-American Court of Human Rights on August 28, 2002; and
TAKING INTO ACCOUNT the Institute’s 2000-2004 Strategic Plan, adopted by the Directing Council at its 75th Meeting and ratified by the General Assembly, which identifies a group of priority areas for action and technical assistance to member states, among them, child labor, sexual exploitation, drug abuse, disabilities, abandoned children, international adoption, and birth registration,
RESOLVES:
1. To reaffirm the fundamental importance of the promotion and protection of the human rights of children for the future of the Hemisphere.
2. Further, to reaffirm support for the work of the Inter-American Children’s Institute as a specialized organization of the Organization of American States, which is entrusted with promoting the study of subjects relating to mothers, children, adolescents, and the family in the Americas and the adoption of measures for solving their problems, in particular its activities to assist member states in their efforts to promote the establishment of national children’s systems and the professionalization of the national authorities entrusted with the topic of children.
3. To request the Special Rapporteur on Children of the Inter-American Commission on Human Rights to continue to pay special attention to the protection and promotion of the human rights of children in the Hemisphere, and to recognize the work of that Rapporteur, especially with respect to the promotion of mechanisms of the inter-American human rights system in this area.
4. To urge member states to consider ratifying or acceding to, as the case may be, international or regional treaties that protect the human rights of children, to develop, as appropriate, national laws, policies, and practices that give effect to their international legal obligations, and to be guided by international standards in adopting pertinent national measures.
5. To urge member states to ensure that the human rights of children are included on the working agendas of the specialized organizations and conferences and the organs and entities of the Organization so as to meet the specific needs of children; and to request the Secretary General to support these efforts by reinforcing coordination within the Organization, in particular among the areas of the General Secretariat, and with the appropriate multilateral organizations.
6. To urge the Inter-American Agency for Cooperation and Development to strengthen communication and coordination with the Inter-American Children’s Institute in the area of technical cooperation, and to give special follow-up to the components related to the human rights of children in partnership-for-development activities.
7. To request the Secretary General to present a report to the Permanent Council on the implementation of this resolution, including an evaluation of the implementation of the 2000-2004 Strategic Plan of the Inter-American Children’s Institute.
8. To request the Permanent Council to conduct periodic follow-up of the work of the Inter-American Children’s Institute, bearing in mind the recommendations of the Institute’s Directing Council, and to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution.
AG/RES. 1957 (XXXIII-O/03)
PROMOTION AND
STRENGTHENING OF DEMOCRACY:
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the report of the Permanent Council on the implementation of resolutions AG/RES. 1869 (XXXII-O/02) and AG/RES. 1907 (XXXII-O/02) (AG/doc.4225/03);
MINDFUL that the Charter of the Organization of American States establishes in its preamble “that representative democracy is an indispensable condition for the stability, peace and development of the region” and that it establishes that one of the essential purposes of the Organization is “to promote and consolidate representative democracy, with due respect for the principle of nonintervention”;
BEARING IN MIND the Declaration of Quebec City, adopted at the Third Summit of the Americas, which contains a democracy clause, and the Plan of Action of the Third Summit, which establishes that “the maintenance and strengthening of the rule of law and strict respect for the democratic system are, at the same time, a goal and a shared commitment,” and confers on the Organization important mandates to strengthen democratic systems in the region;
BEARING IN MIND ALSO that the ministers of foreign affairs of the Americas, meeting at the twenty-eighth special session of the General Assembly, in Lima, Peru, adopted the Inter-American Democratic Charter, which is a milestone for the promotion, defense, and consolidation of democracy in the Hemisphere, and which states that “the peoples of the Americas have a right to democracy and their governments have an obligation to promote and defend it,” that “democracy is essential for the social, political, and economic development of the peoples of the Americas,” and that “the participatory nature of democracy in our countries in different aspects of public life contributes to the consolidation of democratic values and to freedom and solidarity in the Hemisphere”;
CONSIDERING that one of the challenges facing the Hemisphere is the consolidation of the democratic institutional framework for the purpose of ensuring democratic governance in the Americas;
RECALLING that, in resolution AG/RES. 1907 (XXXII-O/02), “Promotion of Democracy,” the member states reaffirmed their commitment to democracy and their determination to assign the highest priority to developing programs and activities to promote democratic principles and practices through the work of the Organization; and
BEARING IN MIND resolution AG/RES. 1869 (XXXII-O/02), “Promotion of Democratic Culture,” in which member states were encouraged to develop strategies promoting democratic culture in the Americas, on the basis of the principles and values set out in the Inter-American Democratic Charter, and that the Plan of Action of the Third Summit of the Americas recognized that education is key to strengthening democratic institutions,
RESOLVES:
1. To reaffirm the commitment of the OAS member states to the full exercise and application in the Hemisphere of the democratic principles and values set forth in the OAS Charter, the Inter-American Democratic Charter, and other relevant international instruments.
2. To urge member states to promote and publicize the Inter-American Democratic Charter and to continue implementing it.
3. To support the efforts of the member states to strengthen democratic governance in the Americas, to consolidate democracy and the rule of law, and to promote and respect human rights and fundamental freedoms.
4. To adopt the topic “Follow-up and Development of the Inter-American Democratic Charter” as a permanent General Assembly agenda item, so that member states that deem it appropriate will report on their progress in promoting, publicizing, and implementing the Inter-American Democratic Charter.
5. To instruct the Permanent Council, in the context of the commitments and mandates arising from the OAS Charter, the Summits of the Americas process, and the Inter-American Democratic Charter:
a. To organize, with support from the General Secretariat, through the Unit for the Promotion of Democracy (UPD) and the Unit for Social Development and Education, and within the resources allocated in the program-budget of the Organization and other resources, a special meeting on the topic “Promotion of Democratic Culture through Education” in the last quarter of 2003, with the participation of political parties, civil society organizations, academic institutions, and other entities associated with the topic;
b. To hold a meeting each year, in April, to review activities undertaken by the Organization in the preceding calendar year to promote and strengthen democracy, and to determine possible additional activities;
c. To study the possibility of holding, with support from the General Secretariat, through the UPD and within the resources allocated in the program-budget of the Organization and other resources, a special meeting with a view to fostering an exchange of views on the challenges to democratic governance in the Hemisphere; and
d. To continue to promote the exchange of experiences and best practices, so as to institutionalize dialogue as a means of promoting democratic governance and resolving conflicts.
6. To request the General Secretariat, through the UPD to:
a. Coordinate the activities and programs of the various units and offices of the General Secretariat relating to the promotion of representative democracy, so as to give appropriate attention to fulfilling the mandates on the inter-American agenda;
b. Promote the exchange of best practices on how governments dialogue with civil society, especially in the area of the promotion of democracy–an activity for which the Inter-American Democratic Charter will provide particularly useful guidance and support; and
c. Develop strategies to strengthen democratic culture in the Hemisphere and promote democratic principles and practices, employing public information campaigns that focus on the essential elements and components of representative democracy.
7. To recognize the work of the UPD in the promotion and strengthening of democracy, the implementation of its work plan, and its report “Inventory of Activities: Promotion and Consolidation of Representative Democracy, 2002-2003,” presented to the Permanent Council of the Organization; and to request the General Secretariat, through the UPD:
a. To prepare the aforementioned yearly inventory as a working document, for consideration by the Permanent Council at the meeting each year at which it reviews activities of the Organization to promote, defend, and consolidate democracy in the Hemisphere. The inventory shall include specific recommendations for improving the scope and impact of the Organization’s activities;
b. To develop a program for comprehensive consideration of democracy-building topics, based on the commitments and mandates arising from the Summits of the Americas and the Inter-American Democratic Charter;
c. To promote activities making it possible to link more actively the Organization’s democracy agenda with processes for promoting development, with special emphasis on the fight against poverty and topics stemming from the Monterrey Consensus;
d. To take into account in its activities the role of the media as instruments of special importance in promoting democracy and disseminating democratic principles and values, as well as the contribution which information and communications technologies can make to developing more just, open, and democratic societies;
e. To support, through its activities and programs, efforts by the member states to modernize the state and to promote access to information, transparency, accountability, and responsibility in public administration;
f. To continue its efforts to strengthen political parties and other political organizations, through the Inter-American Forum on Political Parties, and, in that regard, to present a proposal to the Permanent Council in February 2004 at the latest on the organization of a possible special meeting with political parties of the Americas;
g. To develop, in conjunction with the Secretariat for the Summit Process of the General Secretariat, activities to promote full participation by civil society in the political system;
h. To continue developing mechanisms for dialogue and instruments for the prevention and settlement of conflicts, so as to support the member states in their interactions with various political and social actors; and
i. To present a report every four months on progress made in the implementation of its work plan.
8. To urge all bodies of the inter-American system, especially the Inter-American Commission on Human Rights and the Inter-American Commission of Women, to work actively on programs and projects to remove obstacles to full participation by women and men in democratic processes and political party structures.
9. To urge member states and permanent observers to contribute to the Special Fund for Strengthening Democracy, the Fund for Peace: Peaceful Settlement of Territorial Disputes, and the Permanent Specific Fund to Finance Activities Related to OAS Electoral Observation Missions.
10. To instruct the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution.
AG/RES. 1971 (XXXIII-O/03)
THE
PROTECTION OF REFUGEES, RETURNEES, AND STATELESS
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
RECALLING its resolution AG/RES. 1892 (XXXII-O/02), “The Protection of Refugees, Returnees, and Internally Displaced Persons in the Americas,” and resolutions AG/RES. 774 (XV-O/85), AG/RES. 838 (XVI-O/86), AG/RES. 951 (XVIII-O/88), AG/RES. 1021 (XIX-O/89), AG/RES. 1039 (XX-O/90), AG/RES. 1040 (XX-O/90), AG/RES. 1103 (XXI-O/91), AG/RES. 1170 (XXII-O/92), AG/RES. 1214 (XXIII-O/93), AG/RES. 1273 (XXIV-O/94), AG/RES. 1336 (XXV-O/95), AG/RES. 1416 (XXVI-O/96), AG/RES. 1504 (XXVII-O/97), and AG/RES. 1602 (XXVIII-O/98), in which it has reiterated its concern for persons in the Americas, such as refugees, returnees, stateless persons, and internally displaced persons, who are in need of international protection and/or humanitarian assistance;
NOTING that Canada, Colombia, El Salvador, Mexico, Paraguay, and Peru have adopted national legislation on refugees and that various member states are in the process of so doing, in fulfillment of resolutions adopted by this General Assembly, AG/RES. 1693 (XXIX-O/99), AG/RES. 1762 (XXX-O/00), AG/RES. 1832 (XXXI-O/01), and AG/RES. 1892 (XXXII-O/02);
WELCOMING the Declaration adopted at the Ministerial Meeting of States Parties to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, held in Geneva in December 2001 with the participation of 23 OAS member states; and supporting the Agenda for Protection of the Office of the United Nations High Commissioner for Refugees (UNHCR), which sets out concrete goals and objectives and guides member states, UNHCR, and other pertinent players in strengthening the international protection of asylum-seekers and refugees in the Americas and worldwide;
NOTING THAT next year will be the 20th anniversary of the 1984 Declaration of Cartagena on Refugees;
UNDERSCORING that to promote enhanced protection for refugees, comprehensive strategies are needed that include, among other aspects, voluntary repatriation, local integration, and resettlement, in the context of increasing solidarity and effective cooperation among all states, in keeping with the pertinent international conventions; and
REAFFIRMING that the protection of asylum-seekers, refugees, stateless persons, and internally displaced persons is strengthened through the increasing cooperation between the pertinent organs of the inter-American system and UNHCR and other relevant players, which is reflected in the dialogue held each year in the Committee on Juridical and Political Affairs,
RESOLVES:
1. To urge the states parties to fully and effectively implement their obligations under the 1951 Convention Relating to the Status of Refugees and/or its 1967 Protocol, in accordance with the intent and purpose of these instruments, by taking or continuing to take measures to strengthen asylum and render refugee protection more effective, including, inter alia, the adoption and implementation of national refugee provisions and procedures for the determination of refugee status and for the treatment of asylum-seekers and refugees, in keeping with international and regional instruments, according special attention to vulnerable groups and to the differentiated protection needs of women, children, and the elderly.
2. To urge those member states that have not yet done so to consider signing, ratifying, or acceding to, as the case may be, the international instruments on refugees and statelessness, or to consider the possibility of withdrawing the reservations entered at the time of ratification or accession, and to consider adopting the procedures and institutional mechanisms necessary for their effective implementation, in keeping with the principles established in international and regional instruments.
3. To urge member states, with a view to promoting the protection of refugees, returnees, and stateless and internally displaced persons in the Americas, as appropriate:
a. To continue to apply protection measures that are consistent with international principles of international refugee protection, including, inter alia, non-refoulement, family unity, and confidentiality in cases of asylum;
b. To update procedures to identify those persons in need of international protection, in keeping with the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, and with other pertinent international and regional instruments;
c. To facilitate access to refugee status determination procedures;
d. To facilitate procedures for processing claims for refuge- and asylum-seekers, taking gender and age into account, and including measures for victims of sexual abuse and trauma, as well as unaccompanied and separated children;
e. To provide, as appropriate and with the assistance of the Office of the United Nations High Commissioner for Refugees (UNHCR), adequate training to the appropriate authorities on international refugee law and on the provisions for the treatment of asylum-seekers and refugees; and
f. To promote public activities and information campaigns to fight racism, discrimination, xenophobia, and intolerance towards refugees, returnees, and stateless and internally displaced persons.
4. To renew its appeal for international and inter-American cooperation in cases of the mass flight of refugees to facilitate their voluntary repatriation and, when appropriate and feasible, the local integration or resettlement of refugees in a third country, in accordance with international standards.
5. To continue and increase the support provided by member states and the organs of the inter-American system to UNHCR.
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