OEA - AG - Resolución AG08379E03

QUINCUAGÉSIMO PRIMER PERÍODO ORDINARIO DE SESIONES OEA/Ser.P Del 10 al 12 de noviembre de 2021 AG/doc.5729/21

Ciudad de Guatemala, Guatemala 5 noviembre 2021

VIRTUAL Original: español Punto 12 del temario

DRAFT OMNIBUS RESOLUTION

STRENGTHENING DEMOCRACY

(Agreed upon by the permanent Council at the regular meeting held on November 4, 2021 and referred to the plenary of the General Assembly for consideration) THE GENERAL ASSEMBLY, REAFFIRMING the norms and general principles of international law and those contained in the Charter of the Organization of American States (OAS); MINDFUL that the Charter of the OAS provides in its preamble “that representative democracy is an indispensable condition for the stability, peace and development of the region” and proclaims that one of the essential purposes of the Organization is “to promote and consolidate representative democracy, with due respect for the principle of nonintervention”; RECALLING resolution AG/RES. 2958 (L-O/20) and all previous resolutions adopted on this subject; HAVING SEEN the “Annual Report of the Permanent Council to the General Assembly, October 2020 – November 2021” (AG/doc.xxxx/21 add. 1), in particular the section on the activities of the Committee on Juridical and Political Affairs (CAJP); and CONSIDERING that the programs, activities, and tasks set out in the resolutions under the purview of the CAJP help further the essential purposes of the Organization enshrined in the Charter of the OAS,

1. Consumer Protection in the Americas BEARING IN MIND the impact that COVID-19 has had on the health and safety of consumers in the Americas, and that consumer protection is a highly relevant issue in the context of the pandemic and the post-pandemic world; and CONSIDERING that protection of life, health, and physical safety in the consumption or use of goods and services is recognized as a fundamentally important right of the consumer or user, as is

AS AM BL E A G E N E R AL2and the post-pandemic world; and CONSIDERING that protection of life, health, and physical safety in the consumption or use of goods and services is recognized as a fundamentally important right of the consumer or user, as is

AS AM BL E A G E N E R AL2protection of their economic interests through fair, non-discriminatory, and non-abusive treatment by suppliers of goods and services,1/

RESOLVES:

1. To request the OAS Consumer Safety and Health Network (CSHN) to develop guidelines for consumer protection in the area of product safety that contribute to the early detection of unsafe consumer products or those that present an unforeseen risk in the post-pandemic context, in collaboration with international agencies, the private sector, civil society, and academia.

2. To invite States that are not members of the CSHN to join it and to urge States that are members, as well as permanent observers, to contribute to the voluntary fund to ensure the sustainability of the work of the CSHN. ii. Rights of children and adolescents REAFFIRMING that the principles of active participation by children and adolescents, nondiscrimination, their best interests, and their rights to life, survival, and development, as well as the exercise of the right to express an opinion, in accordance with their age and maturity, on decisions that concern them and the experience of being heard by adults are enshrined in the Convention on the Rights of the Child and are basic components in building a responsible citizenry; and NOTING with appreciation the progress made in this regard by the Inter-American Children’s Institute (IIN), particularly the creation of subregional networks of children and adolescents; the operation of the network of child and adolescent correspondents; the publication and dissemination of relevant documents on how children and adolescents experience the effects of the pandemic on their rights and quality of life; participation in the OAS Permanent Council on the occasion of Americas

Children and Youth Day in accordance with resolution CP/RES. 1081 (2313/2017); and the coordination under way with the Inter-American Commission on Human Rights and Inter-American Court of Human Rights aimed at enhancing their communication with children and adolescents,

RESOLVES:

1. To acknowledge the work of the Inter-American Children’s Institute (IIN) in promoting the participation of children and adolescents and the exercise of their freedom to seek, receive, and disseminate information, as well as in maintaining channels for intergenerational dialogue by practicing coexistence based on democratic values that respect diversity of opinions and encourage equality, equity, and non-violence, freedom, justice, and peaceful settlement of disputes.

2. To reaffirm the need to establish an environment of respect, diversity, and inclusion for the ethnic and cultural identity of all children and adolescents and raise the visibility of children and adolescents with disabilities or functional diversity and the importance of adopting measures to fully include them, as a prerequisite for the existence and reproduction of a pluralist dimension in democratic society especially because of the disparities that have been exacerbated by the COVID-19 pandemic.

1. The United States notes that there is no recognized “rights of the consumer” under international law, including international human rights law, and understands this language to refer to...- 33. To welcome the progress made with the mandate to expand and consolidate bodies within the OAS in which children and adolescents participate, and to encourage further efforts in that regard. iii. Follow-up on the Inter-American Democratic Charter SHARING the conviction that democracy is one of our region's most valued accomplishments and that the peaceful transfer of power through constitutional means and in strict compliance with the constitutional rules of each of our states is the product of a continuous and irreversible process in which the region admits no interruptions or steps backward; UNDERSCORING that the Charter of the OAS establishes that representative democracy is an indispensable condition for the stability, peace, and development of the region, and that one of the purposes of the OAS is to promote and consolidate representative democracy, with due respect for the principle of nonintervention; REAFFIRMING that the promotion and protection of human rights is a basic prerequisite for

indispensable condition for the stability, peace, and development of the region, and that one of the purposes of the OAS is to promote and consolidate representative democracy, with due respect for the principle of nonintervention; REAFFIRMING that the promotion and protection of human rights is a basic prerequisite for the existence of a democratic society, and recognizing the importance of the continuous development and strengthening of the inter-American human rights system for the consolidation of democracy in our region; EMPHASIZING that “essential elements of representative democracy include, inter alia , respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government”; RECOGNIZING the importance of upholding the commitments and principles of the InterAmerican Democratic Charter as crosscutting pillars that guide the comprehensive response of our States to the challenges of the COVID-19 pandemic, with the full and equitable participation of all women in the political structures of their countries, especially those with decision making authority, in order to achieve effective and lasting solutions; EXPRESSING SATISFACTION at the special meeting on “Democratic Resiliency, the Role of the Inter-American Democratic Charter, and the Summits Process,” held by the CAJP in coordination with the Summits Secretariat and the CISC on May 4, 2021, in which recommendations were shared for consideration by the Summit Implementation Review Group (SIRG) in advance of the Ninth Summit of the Americas; EMPHASIZING the commemoration of the twentieth anniversary of the Inter-American Democratic Charter, adopted by acclamation at the special session of the OAS General Assembly held in Lima, Peru on September 11, 2001; and REAFFIRMING all the mandates contained in resolution AG/RES. 2835 (XLIV-O/14), “Promotion and Strengthening of Democracy: Follow-up to the Inter-American Democratic Charter,”- 4RESOLVES:

in Lima, Peru on September 11, 2001; and REAFFIRMING all the mandates contained in resolution AG/RES. 2835 (XLIV-O/14), “Promotion and Strengthening of Democracy: Follow-up to the Inter-American Democratic Charter,”- 4RESOLVES:

1. To reaffirm the obligation of the OAS member states to promote and defend democracy in the region as essential for the social, political, and economic development of the peoples of the Americas.

2. To continue to promote strengthening of democratic institutions, values, practices, and governance, the fight against corruption, the consolidation of the rule of law, the achievement of the full enjoyment and effective exercise of human rights, and the reduction of poverty, inequality, and social exclusion, through cooperation measures in these fields among member states.

3. To request the General Secretariat to continue implementing training programs to promote the principles, values, and practices of a democratic culture, on the basis of Articles 26 and 27 of the Inter-American Democratic Charter, and to improve awareness and promote the application of this inter-American instrument in the countries of the Hemisphere that so request.

4. To reaffirm the validity of the Inter-American Democratic Charter as an instrument for promoting and defending the values and principles of representative democracy in the region; and to instruct the Permanent Council to promote, in broad consultation with member states for recommendations as to panelists, the holding of a special meeting to continue the dialogue on the effectiveness of the Inter-American Democratic Charter and its challenges in terms of protection and preservation of democracy in the Hemisphere, and to report to the General Assembly at its fifty-first regular session on the results of that special meeting.

5. To promote women’s political participation, including as elected leaders, technical experts in elections, engaged civil society leaders, and informed voters.

1. Technical cooperation and electoral observation missions 2/ EMPHASIZING the fundamental contribution of the OAS in the strengthening and development of electoral processes and systems in member states through OAS electoral observation missions and technical cooperation in electoral matters, when so requested by member states and consistent with the Inter-American Democratic Charter, the Declaration of Principles for International Observation of Elections, and the Code of Conduct for International Election Observers; TAKING INTO ACCOUNT the importance of strengthening democracy and the valuable experience of member states and of their electoral bodies and authorities, and recalling that they are responsible for organizing, holding and guaranteeing free and fair electoral processes; REITERATING the recognition to the staff of the Department of Electoral Cooperation and Observation, whose professionalism and dedication have enabled the OAS to maintain the deployment of electoral observation missions during the COVID-19 pandemic; TAKING NOTE OF the “Electoral Good Practices Guide for Strengthening Electoral Processes” published by the General Secretariat;

2. Bolivia takes a serious and firm view of this section based on its experience in 2019, when the team of auditors operating under the Agreement signed between the Government of the Plurinational State of ...- 5RECALLING ALSO the “Guide to Organizing Elections during a Pandemic” published by the General Secretariat; and RECALLING resolution AG/RES. 2905 (XLVII-O/17), “Strengthening Democracy,” which lifts the restrictions that prevent the Regular Fund of the Organization from being used to cover costs related to electoral observation missions,

RESOLVES:

1. To take note of the fulfillment of the mandate by the Department of Electoral Cooperation and Observation (DECO) to prepare the “Electoral Good Practices Guide for Strengthening Electoral Processes” with input from electoral authorities in the region and to encourage the General Secretariat, while informing the member states, to update and improve it, when necessary,

with its own input and that of electoral bodies and authorities of member states.

2. To request the General Secretariat to update, as necessary, the measures contained in the “Guide to Organizing Elections during a Pandemic” and to continue disseminating that document to member states that so request.

3. To instruct DECO to update the Manual for Electoral Observation Missions of the Organization of American States, taking into account the valuable experience and good practices of the electoral authorities of the member states as well as other recognized international standards in this area, and to share the result of this process with the member states so that they may make the observations and suggestions they deem pertinent for DECO's consideration.

4. To invite donors to continue providing support to enable the deployment of electoral observation missions and for the implementation of the recommendations contained in the reports of said missions which may address electoral justice, gender, political financing, electoral organization, media, underrepresented groups, electoral technology, political and legal systems.

5. To instruct the General Secretariat to continue its efforts to raise funds to ensure the financial sustainability of the electoral observation missions, and to continue strengthening, in that context, the efforts to support rationality, transparency, austerity, and accountability.

1. Strengthening cadastre and property registry in the Americas amid the COVID-19 pandemic (2021) CONSIDERING the sections “Strengthening cadastre and property registry in the Americas” in resolutions AG/RES. 2927 (XLVIII-O/18), AG/RES. 2931 (XLIX-O/19), and AG/RES. 2949 (LO/20), “Strengthening Democracy,” which recommend that the General Secretariat, through the Department for Effective Public Management, continue supporting efforts by member states that so request to strengthen their cadastre and property registry management and to share experiences and good practices that will advance the regional agenda on this matter; MINDFUL of the multidimensional effects of the COVID-19 pandemic, among others, as well

as of the need to address its impacts on diminished local economies and to provide public services to citizens, including cadastre and property registry;- 6TAKING NOTE of the 2019 activity report of the Inter-American Network on Cadastre and Property Registry (RICRP) delivered at its Sixth Conference and Assembly held virtually on December 4, 2021, and at the virtual meeting of the Committee on Juridical and Political Affairs on February 25, 2021; and THANKING the Government of Peru for its organization of the Sixth Conference and Assembly of the RICRP in 2020, in collaboration with the World Bank and the OAS General Secretariat, as well as the Dominican Republic –as Chair– and Colombia, Honduras, Jamaica, México and Paraguay, as representatives on the Executive Committee of the RICRP for 2021,

RESOLVES:

1. To instruct the General Secretariat, through the Department for Effective Public Management, to continue its support as Technical Secretariat of the Inter-American Network on Cadastre and Property Registry (RICRP), by promoting activities, programs, and projects to strengthen cadastre and property registry in the Americas amid the COVID-19 pandemic, disseminating their contribution to the process of economic and social recovery in the region, building partnerships, and engaging in cooperation for their implementation, including training for cadastre and property registry agencies in the region, sharing experience and knowledge among them, and exchanges of experience in remote attention to citizens and the virtualization of cadastres and registries.

2. To reaffirm the importance of intensifying efforts and promotion of experience sharing among national cadastre and registry agencies with a view to advancing cadastre and registry management, as well as their collaboration with other public and private-sector institutions and civil society. Together with the effort to improve territorial cadastre-registry databases, to consider ongoing

maintenance and updating of cadastres and registries in the region; and to urge member states to contribute to the creation of basic regional guide of best practices in the digitalization of the procedures and services of the cadastres and registries with their users, and that the Department for Effective Public Management support the development of those guidelines.

3. To urge cadastre and registry institutions in member states to participate in the development of initiatives to meet the objectives set forth in this resolution, through the sharing of experience to strengthen not only cadastre and registry management amid the COVID-19 pandemic, but also digital transformation, through the use of traditional and, in particular, emerging systems, databases, and technological models; and to instruct the Department for Effective Public Management to conduct the biannual survey of cadastre and property registry and to report its findings to the Committee on Juridical and Political Affairs.

4. To reiterate the invitation for all member states to attend the Seventh Annual Conference and Assembly of the RICRP, to be held in person and virtually in Santo Domingo, Dominican Republic from November 1 to 4, 2021, with the support of the Real Estate Registry of the Dominican Republic as RICRP Chair. vi. Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas BEARING IN MIND that cooperation among authorities with responsibilities in the area of justice is one of the priority areas of the OAS and that the Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA) has consolidated itself as the hemispheric7political and technical forum in the areas of justice and international legal cooperation, which are essential for the development of justice systems and consolidation of the rule of law in the region; and that at the Summits of the Americas, the Heads of State and Government have supported the work

carried out through the REMJA process and the implementation of its conclusions and recommendations,

RESOLVES:

1. To express its satisfaction with the results of the Eleventh Meeting of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA-XI), held virtually, with Ecuador as the host State, on May 18 and 19, 2021; to thank Ecuador and, in particular, the Office of the Attorney General for the successful organization of that meeting; to endorse the “Conclusions and Recommendations of REMJA XI,” the text of which is contained in document REMJA-XI/doc.2/21 rev. 1 and forms part of this resolution; and to instruct the Department of Legal Cooperation of the Secretariat for Legal Affairs, in its capacity as Technical Secretariat of the REMJA, to carry out the mandates entrusted to it, within the resources allocated.

2. To welcome the fulfillment of REMJA mandates during the COVID-19 pandemic with the support of the REMJA Technical Secretariat, such as the organization of regional training workshops and webinars on various topics, including cybercrime and cryptocurrencies.

3. To welcome the creation by REMJA XI of a new working group of experts from the Ministries of Justice or other Ministries or the offices of Attorneys General of the Americas with the mandate to develop recommendations on or actions to strengthen the REMJA process, in order to engage in timely and appropriate follow up on the recommendations and conclusions adopted by

REMJA.

4. To instruct the Permanent Council to convene the meetings of the REMJA working groups, within the available resources, and to request the REMJA Technical Secretariat to provide technical support for the holding of those meetings.

5. To request the Technical Secretariat to continue to provide support, legal advice, and technical assistance to the REMJA process and to its working groups and technical meetings; prepare

documents and studies to support follow-up and implementation of their recommendations; carry out programs, projects, and technical cooperation activities in pursuit thereof; manage and maintain the networks for which it is responsible; take steps to secure funding for the activities of the REMJA process; strengthen coordination and collaboration with the secretariats of other international cooperation agencies, entities, and mechanisms in areas that concern the REMJA; and discharge the other functions assigned to it in the “Document of Washington.” vii. Follow-up on the Inter-American Convention against Corruption and on the Inter-American Program for Cooperation in the Fight against Corruption BEARING IN MIND the commitment of the member states to prevent and combat corruption, as set forth in the Comprehensive Strategic Plan of the Organization and in the mandates of the Summits of the Americas, especially those contained in the Lima Commitment: “Democratic Governance against Corruption,” adopted in Lima, Peru, in April 2018, related to the Inter-American Convention against Corruption and its Follow-Up Mechanism (MESICIC), as well as the Inter-American Program8for Cooperation in the Fight against Corruption [AG/RES. 2275 (XXXVII-O/07)]; and the “Recommendations of the Fourth Meeting of the Conference of States Parties of the MESICIC” (MESICIC/CEP-IV/doc.2/15 rev. 1),

RESOLVES:

1. To reaffirm the commitment of member states to resolutely prevent and combat corruption, further transparency in public management and in public-private relations, promote accountability, and continue effectively implementing the recommendations of the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC).

2. To express its appreciation for the work performed by the Committee of Experts of the MESICIC, with the support of the Department of Legal Cooperation in its capacity as Technical Secretariat of that Mechanism, in initiating its Sixth Round and carrying out the work on the review

process within the framework of said Round for Paraguay, Peru, Costa Rica, and Mexico, in the context of the challenges presented by the COVID-19 pandemic and in accordance with the timetable adopted.

3. To express its satisfaction with the continued strengthening of the MESICIC as a forum for cooperation and exchange of best practices, information, experience, and significant developments in States in their prevention and fight against corruption, as has occurred in the context of the virtual meetings of the MESICIC Committee of Experts and the webinars held during the COVID-19 pandemic.

4. To instruct the Department of Legal Cooperation of the Secretariat for Legal Affairs, in its capacity as Technical Secretariat of the MESICIC, to continue implementing the mandates contained in the “Recommendations of the Fourth Meeting of the Conference of States Parties to the MESICIC,” in accordance with the resources allocated in the program-budget of the Organization and other resources.

5. To instruct the Technical Secretariat of the MESICIC to continue, within the sphere of its competence, among other activities, providing technical support and legal advice to the Conference of States Parties and the Committee of Experts of the MESICIC and facilitating the sharing of best practices and cooperation, with a view to meeting the objectives of the Inter-American Convention against Corruption and to continue providing technical support, as necessary, to the Inter-American Program of Cooperation to Fight Corruption, maintaining the Anticorruption Portal of the Americas and pursuing efforts to raise funds to finance regional cooperation activities, including legal cooperation, in the fight against corruption.

6. To urge the Technical Secretariat of the MESICIC to continue strengthening its coordination and collaboration with the secretariats of other international cooperation agencies, entities, and mechanisms active in that area; promoting synergies and an anti-corruption culture; and discharging its various other functions under the Document of Buenos Aires and the Rules of Procedure of the Conference of States Parties to the MESICIC and of its Committee of Experts.

7. To request the Technical Secretariat of the MESICIC to take steps, in coordination with the Department for Effective Public Management, within the spheres of their respective competence, to continue developing measures to facilitate the identification of opportunities and the9of the Conference of States Parties to the MESICIC and of its Committee of Experts.

7. To request the Technical Secretariat of the MESICIC to take steps, in coordination with the Department for Effective Public Management, within the spheres of their respective competence, to continue developing measures to facilitate the identification of opportunities and the9offering of technical cooperation to the States Parties that so request, through the use of the capacities of the MECIGEP.

8. To request that the MESICIC, within the sphere of its competence and in accordance with the resources assigned in the Organization's program-budget and other resources, continue implementing the mandates assigned to it by the Lima Commitment: “Democratic Governance against Corruption,” adopted at the Eighth Summit of the Americas held in April 2018 in Lima, Peru, and, through the Chair of the Committee of Experts, present a report to the Permanent Council on the progress made with that implementation, before the fifty-second regular session of the General

Assembly.

9. To recognize the progress made by the MESICIC in implementing the mandates mentioned in paragraph 8, in particular the consideration of proposed indicators to stamp out impunity for acts of corruption and the increase in activities to promote synergies with other international anticorruption mechanisms, such as those of the United Nations, the Group of States against Corruption of the Council of Europe, the G20 Anti-Corruption Working Group, and the Organization for Economic

Cooperation and Development.

10. To urge member states to take effective measures to recover stolen assets, combat tax avoidance and evasion, counter money laundering and illicit financial flows from corruption, identify beneficial owners, and monitor closely the management of public procurement and contracting processes.

11. To encourage member states and permanent observers to cooperate and support the funding of the MESICIC in order to ensure that it meets its objectives, recognizing the difficulties that an OAS budget shortfall can entail for the work of MESICIC.

1. Inter-American Judicial Facilitators Program RECOGNIZING the importance of the work done by judicial facilitators, even during the COVID-19 pandemic, including in the most remote and disadvantaged communities, as an appropriate vehicle for bringing peace and harmony to the population and for promoting access to justice, strengthening the institutional framework by coordinating communication between community members and national institutions; and CONSIDERING that the Inter-American Judicial Facilitators Program is moving into a new phase, establishing new activities and outlining its objectives in an effort to streamline the work being done by national facilitator services in states that are part of the Program,

RESOLVES:

1. To invite the member states to support the new phase of the Inter-American Judicial Facilitators Program (IPJF) and, within that framework, enhance the following activities: streamlining the operations of national judicial facilitator services, strengthening and support, ongoing training and capacity building, and dissemination of content and activities.

2. To request that the General Secretariat, together with the IPJF and subject to available resources, evaluate and measure the impact of the services provided under the Program, in order to10identify which of the mechanisms implemented have produced the greatest results and benefits for the communities where the IPJF operates, especially the most vulnerable ones, in order to share best practices, lessons learned, and technological capacities among the national judicial facilitator services and thus support efforts to facilitate the identification of needs, priority issues, direct benefits to communities, and coordination with national standards and the IPJF.

3. To urge the General Secretariat, together with the IPJF, to help states identify new functions for judicial facilitators and to find opportunities for community mediation to have a more positive impact on access to justice for communities. ix. Public management strengthening and innovation in the Americas CONSIDERING that democracy is essential to social, political, and economic development for the peoples of the Americas and that effective public management, respect for human rights, an inclusive and safe civic environment, promotion of transparency, openness, inclusion –including digital inclusion– and combating corruption are vital components for democracy to be fully exercised; REAFFIRMING the commitments made in the Lima Commitment adopted by our Hea