Thirty-sixth regular session oea/Ser. P june 4 6, 2006 ag/doc. 4634/06 re



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AG/RES. 2178 (XXXVI-O/06)




STANDARDS FOR THE PREPARATION OF PERIODIC REPORTS
PURSUANT TO THE PROTOCOL OF SAN SALVADOR

(Adopted at the fourth plenary session, held on June 6, 2006)



THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1) and resolutions AG/RES. 2030 (XXXIV-O/04), AG/RES. 2041 (XXXIV-O/04), and AG/RES. 2074 (XXXV-O/05);
CONSIDERING the provisions of the American Convention on Human Rights, Chapter III of which refers to economic, social, and cultural rights;
UNDERSCORING the entry into force, in November 1999, of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador,” and its ratification by 13 member states of the Organization of American States (OAS);
RECALLING that both the American Convention and the Protocol of San Salvador recognize that the essential rights of an individual are not derived from one’s being a national of a certain state, but are based upon attributes of the human person;
BEARING IN MIND that, in Article 19 of the Protocol of San Salvador, the states parties undertake to submit, pursuant to the provisions of that article and the corresponding rules to be formulated for that purpose by the OAS General Assembly, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in said Protocol;
RECOGNIZING that, in resolution AG/RES. 2074 (XXXV-O/05), the General Assembly adopted the “Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador”; and
BEARING IN MIND that the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, on November 5, 2005, urged the member states to consider signing and ratifying, or acceding to, as the case may be, the Protocol of San Salvador, and to collaborate in the development of progress indicators in the area of economic, social, and cultural rights, in accordance with resolution AG/RES. 2074 (XXXV-O/05),
RESOLVES:


  1. To instruct the Permanent Council, to continue its efforts and to make proposals as soon as possible, through the Committee on Juridical and Political Affairs, on the composition and functioning of the Working Group established to examine the national reports in accordance with the Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador, which would constitute qualitative progress in this area.




  1. To request the Inter-American Commission on Human Rights to continue its work, in accordance with the Standards referred to in operative paragraph 1 of this resolution, with a view to proposing to the Permanent Council as soon as possible, for possible adoption, the progress indicators to be used for each group of protected rights on which information is to be provided, taking into account, inter alia, the contributions of the Inter-American Institute of Human Rights.




  1. To reiterate that the time periods for submission of the national progress reports to be presented by the states parties to the Protocol of San Salvador will begin with the Permanent Council’s approval of the provisions of operative paragraphs 1 and 2 of this resolution.




  1. To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, “Protocol of San Salvador.”




  1. To request the Permanent Council to report to the General Assembly at its thirty-seventh regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.


AG/RES. 2179 (XXXVI-O/06)




INTER-AMERICAN CONVENTION AGAINST THE ILLICIT MANUFACTURING OF
AND TRAFFICKING IN FIREARMS, AMMUNITION, EXPLOSIVES,
AND OTHER RELATED MATERIALS

(Adopted at the fourth plenary session, held on June 6, 2006)



THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly, in particular the section on the matters entrusted to the Committee on Hemispheric Security (AG/doc.4548 add. 2-c);
REITERATING the urgent need for all member states to take the appropriate measures and to cooperate with one another to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials, because of the harmful effects of these activities on the security of each state and the region as a whole, since they jeopardize the well-being of peoples, their social and economic development, and their right to live in peace;
UNDERSCORING the importance of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) for promoting and facilitating cooperation and the sharing of information and experiences among the states parties with a view to preventing, combating, and eradicating the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials;
REAFFIRMING the importance of the decisions adopted by the First Conference of the States Party to the CIFTA, held in Bogotá, Colombia, on March 8 and 9, 2004, and in particular the commitments and measures agreed to in the Declaration of Bogotá on the Functioning and Application of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials;
RECALLING that, in the Declaration of Nuevo León, adopted on January 13, 2004, the democratically elected Heads of State and Government of the Americas, gathered for the Special Summit of the Americas in Monterrey, Mexico, expressed their commitment to fight all forms of transnational crime, including illicit arms trafficking;
CONSIDERING that the states of the Hemisphere recognized, in the Declaration on Security in the Americas, adopted on October 28, 2003, in Mexico City, that the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials are a threat to hemispheric security and, when used by terrorists and criminals, undermine the rule of law, breed violence and, in some cases, impunity, exacerbate conflicts, and represent a serious threat to human security, and that they agreed to combat the illicit manufacturing of and trafficking in firarms, ammunition, explosives, and other related materials;
BEARING IN MIND the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects and the hemispheric contribution to its implementation, and the importance of taking concrete measures in the Hemisphere toward implementation of the national, regional, and global components of that Programme of Action;
RECALLING resolutions AG/RES. 1 (XXIV-E/97), AG/RES. 1621 (XXIX-O/99), AG/RES. 1750 (XXX-O/00), AG/RES. 1800 (XXXI-O/01), AG/RES. 1874 (XXXII-O/02), AG/RES. 1972 (XXXIII-O/03), AG/RES. 1999 (XXXIV-O/04), and AG/RES. 2094 (XXXV-O/05), regarding the CIFTA;
CONSIDERING the substantial progress made by the Consultative Committee of the CIFTA, especially the decisions adopted at its seventh regular meeting, held on April 6, 2006;
BEARING IN MIND Permanent Council resolution CP/RES. 906 (1550/06), “Convocation of the Second Meeting of the CIFTA-CICAD Group of Experts to Prepare Model Legislation on the Areas Covered by the CIFTA,” adopted in fulfillment of resolution AG/RES. 2094 (XXXV-O/05);
NOTING WITH SATISFACTION:
The results of the First Meeting of the CIFTA-CICAD Group of Experts to Prepare Model Legislation on the Areas Covered by the CIFTA, held on February 6 and 7, 2006, at the headquarters of the Organization of American States (OAS), in Washington, D.C.;
The Work Program 2006-2007 of the Consultative Committee of the CIFTA, approved by that Committee at its seventh regular meeting;
The results of the First Meeting of National Authorities Directly Responsible for Granting Export, Import, and International Transit Licenses or Authorizations for Transfers of Firearms, Ammunition, Explosives, and Other Related Materials, held on October 6 and 7, 2005, at OAS headquarters;
The results and recommendations of the Second Meeting of Central Authorities and Other Experts on Mutual Assistance in Criminal Matters and Extradition within the framework of the Meeting of Ministers of Justice or of Ministers and Attorneys General of the Americas (REMJA), held in Brasilia, Brazil, from September 1 to 3, 2005; and
The participation of the Consultative Committee of the CIFTA, through its Secretariat pro tempore, in the United Nations Second Biennial Meeting of States to Consider the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, held from July 11 to 15, 2005, at United Nations headquarters in New York;
HAVING SEEN the report of the Secretary General on the status of signatures and ratifications of the CIFTA and taking note of the fact that this Convention has been signed by 33 member states and ratified by 26 of them; and
REAFFIRMING the importance of the soonest possible entry into force of the CIFTA in all member states in order to facilitate and guarantee the achievement of its purposes throughout the Hemisphere,
RESOLVES:


  1. To urge all member states that have not already done so to give prompt consideration to ratifying or acceding to, as the case may be, the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), and to adopting all necessary measures for its effective implementation.




  1. To support, in the framework of the Consultative Committee of the CIFTA, the Second Meeting of the CIFTA-CICAD Group of Experts to Prepare Model Legislation on the Areas Covered by the CIFTA, scheduled for October 11, 12, and 13, 2006, to finalize, on the first day, the draft model legislation on the marking and tracing of firearms, and to begin preparing the draft model legislation on strengthening controls at export points, in accordance with the provisions of Permanent Council resolutions CP/RES. 884 (1484/05) and CP/RES. 906 (1550/06).




  1. To request the Permanent Council to consider, and as appropriate, to adopt ad referendum of the thirty-seventh regular session of the General Assembly, the model legislation referred to in operative paragraph 2 of this resolution, on the marking and tracing of firearms.




  1. To congratulate the Consultative Committee of the CIFTA on adopting the general guidelines for organizing and standardizing the format of the reports that states must submit on Articles VIII, IX, X, and XIII of the CIFTA, in order to strengthen monitoring of the implementation of the Convention.




  1. To endorse the recommendation of the Second Meeting of Central Authorities and Other Experts on Mutual Assistance in Criminal Matters and Extradition within the framework of the Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA), (Brazil, September 2005) that future meetings of central authorities and other experts on mutual assistance in criminal matters and extradition consider strengthening these areas in the framework of the CIFTA and with respect to acts of corruption, in compliance with the commitments set forth in paragraphs 9 and 10 of the Declaration of Bogotá on the Functioning and Application of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (Declaration of Bogotá).




  1. To request the Secretariat pro tempore of the Consultative Committee of the CIFTA to participate actively in the United Nations Conference to Review the Progress Made in the Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, to be held in New York from June 26 to July 7, 2006.




  1. To request the General Secretariat to continue its work with the United Nations Department for Disarmament Affairs (UNDDA), the United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the Caribbean (UN-LiREC) and its partners, and the Inter-American Defense Board (IADB), through the Inter-American Defense College, to prepare and offer specialized courses in the destruction of small arms, light weapons, and ammunition, and in stockpile management.




  1. Also to request the General Secretariat to continue its work with the UNDDA and with UN-LiREC and its partners, to prepare and offer specialized courses to train instructors in special techniques for investigating the illicit manufacturing of and trafficking in firearms and ammunition, and, where appropriate, on national registries.




  1. To invite the Consultative Committee of the CIFTA to continue reporting periodically to the Committee on Hemispheric Security of the Permanent Council on progress in the implementation of the Declaration of Bogotá, so that said Committee may take such information into account when preparing coordinated strategies and integrated action plans in connection with the new threats, concerns, and other challenges to hemispheric security.




  1. To invite the states parties to the CIFTA to make voluntary contributions to the Consultative Committee of the CIFTA in order to support the activities established in that Committee’s Work Program pursuant to the Declaration of Bogotá.




  1. To request member states, permanent observers, and international, regional, and subregional organizations interested in the subject, as well as the international community, to consider the possibility of providing technical, financial, and educational assistance to support the implementation of measures to prevent, combat, and eradicate the illicit manufacturing of and trafficking in firearms, ammunition, explosives, and other related materials.




  1. To direct that the meetings of the Consultative Committee of the CIFTA, including those held for the purposes envisaged in operative paragraph 2 of this resolution, be held within the resources allocated in the program-budget of the Organization and other resources; and to request the General Secretariat to provide the necessary administrative and technical secretariat support for these purposes.




  1. To request the Secretary General to present a report to the General Assembly at its thirty-seventh regular session on the status of signatures and ratifications of the CIFTA.




  1. To request the Permanent Council to report to the General Assembly at its thirty-seventh regular session on the implementation of this resolution.




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