OEA - AG - Resolución AG08468E03

FIFTY-FIRST REGULAR SESSION OEA/Ser.P November 10 to 12, 2021 AG/doc.5755/21 corr. 1 Guatemala City, Guatemala 24 November 2021

Virtual Original: Spanish

DECLARATIONS AND RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY

(Provisional version subject to review by the Style Committee)

GENERAL ASSEMBLYiii

CONTENTS

Page AG/DEC. 103 (LI-O/21) DECLARATION ON “THE QUESTION OF THE MALVINAS ISLANDS”........................................................................1

AG/DEC. 104 (LI-O/21) RENEWED COMMITMENT TO SUSTAINABLE

DEVELOPMENT IN THE AMERICAS POST COVID-19..................5

AG/DEC. 105 (LI-O/21) THE SITUATION IN HAITI .................................................................9

AG/RES. 2965 (LI-O/21) PRIORITY ROLE OF THE ORGANIZATION OF

AMERICAN STATES IN DEVELOPING

TELECOMMUNICATIONS AND INFORMATION AND

COMMUNICATION TECHNOLOGIES THROUGH THE INTER-AMERICAN TELECOMMUNICATION COMMISSION (CITEL) ......................................................................13

AG/RES. 2966 (LI-O/21) INITIATIVES TO EXPAND

TELECOMMUNICATIONS/ICTS IN RURAL,

UNSERVED AND UNDERSERVED AREAS ...................................19

AG/RES. 2967 (LI-O/21) ADVANCING HEMISPHERIC INITIATIVES ON INTEGRAL DEVELOPMENT: PROMOTING RESILIENCE........................................................................................25

AG/RES. 2968 (LI-O/21) COORDINATION OF VOLUNTEERS IN THE

HEMISPHERE IN RESPONSE TO DISASTERS AND THE

FIGHT AGAINST HUNGER AND POVERTY – WHITE

HELMETS INITIATIVE......................................................................43

AG/RES. 2969 (LI-O/21) INTER-AMERICAN BUSINESS CHARTER.....................................49

AG/RES. 2970 (LI-O/21) ADVANCING HEMISPHERIC SECURITY: A

MULTIDIMENSIONAL APPROACH................................................61

AG/RES. 2971 (LI-O/21) PROGRAM-BUDGET OF THE ORGANIZATION FOR 2022.......................................................................................................83

AG/RES. 2972 (LI-O/21) INCREASING AND STRENGTHENING THE

PARTICIPATION OF CIVIL SOCIETY AND SOCIAL

ACTORS IN THE ACTIVITIES OF THE ORGANIZATION OF AMERICAN STATES AND IN THE SUMMITS OF THE AMERICAS PROCESS.............................................................121 AG/RES. 2973 (LI-O/21) SUPPORT FOR AND FOLLOW-UP TO THE SUMMITS OF THE AMERICAS PROCESS.......................................................125iv AG/RES. 2974 (LI-O/21) INTERNATIONAL LAW ..................................................................129

AG/RES. 2975 (LI-O/21) STRENGTHENING DEMOCRACY.................................................139

AG/RES. 2976 (LI-O/21) PROMOTION AND PROTECTION OF HUMAN RIGHTS............155

AG/RES. 2977 (LI-O/21) DEVELOPMENTS IN THE COVID-19 PANDEMIC AND

ITS IMPACT ON THE HEMISPHERE.............................................185

AG/RES. 2978 (LI-O/21) THE SITUATION IN NICARAGUA ................................................191

AG/RES. 2979 (LI-O/21) STRENGTHENING THE ROLE OF THE

ORGANIZATION OF AMERICAN STATES IN ADVANCING DISASTER RESILIENCE IN THE HEMISPHERE....................................................................................197

AG/RES. 2980 (LI-O/21) PLACE AND DATE OF THE FIFTY-SECOND REGULAR

SESSION OF THE GENERAL ASSEMBLY...................................203

AG/RES. 2981 (LI-O/21) VOTE OF APPRECIATION TO THE PEOPLE AND GOVERNMENT OF GUATEMALA ................................................207AG/DEC. 103 (LI-O/21)

SESSION OF THE GENERAL ASSEMBLY...................................203

AG/RES. 2981 (LI-O/21) VOTE OF APPRECIATION TO THE PEOPLE AND GOVERNMENT OF GUATEMALA ................................................207AG/DEC. 103 (LI-O/21)

DECLARATION ON “THE QUESTION OF THE MALVINAS ISLANDS”1/2/3/4/

(Adopted at the fourth plenary session, held on November 12, 2021) THE GENERAL ASSEMBLY, CONSIDERING its repeated statements that the question of the Malvinas Islands is a matter of enduring hemispheric concern; RECALLING its resolution AG/RES. 928 (XVIII-O/88), adopted by consensus on November 19, 1988, in which it requested the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find, as soon as possible, a peaceful solution to the sovereignty dispute; BEARING IN MIND that in its resolution AG/RES. 1049 (XX-O/90) it expressed satisfaction over the resumption of diplomatic relations between the two countries; RECOGNIZING that the accreditation of the United Kingdom of Great Britain and Northern Ireland, under resolution CP/RES. 655 (1041/95), as a permanent observer of the OAS reflects principles and values shared by that country and OAS member states, which facilitate greater mutual understanding; NOTING with satisfaction that the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland maintain important political, cultural, and trade ties, share common values, and are also engaged in close cooperation both bilaterally and in international forums; BEARING IN MIND that, despite those ties and shared values, it has not yet been possible to resume the negotiations between the two countries with a view to solving the sovereignty dispute over

the Malvinas Islands, South Georgias and South Sandwich Islands and the surrounding maritime areas in the framework of resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25 of the United Nations General Assembly, the decisions adopted by the same body on the same question in the Special Committee on Decolonization, and the reiterated resolutions and declarations adopted at the OAS General Assembly; and

1. Mexico once more notes with concern inconsistencies and irregularities in the Report of the Secretary General on the presentation of credentials of the delegations taking part in the fifty-first regular…

2. Nicaragua endorses the statements made by the delegations of Saint Vincent and the Grenadines, the United Mexican States, and the Plurinational State of Bolivia, rejecting the improper accreditation of…

3. Antigua and Barbuda considers that the Bolivarian Republic of Venezuela is not a member state of the Organization of American States since, on 27 April 2017, the Government of the Bolivarian Republic…

4. Saint Vincent places on record its non-recognition and non-acceptance of the credentials of the purported delegation of the National Assembly of the Bolivarian Republic of Venezuela. In 2017, the duly…- 2HAVING HEARD the presentation by the head of the delegation of the Argentine Republic, WELCOMES the reaffirmation of the will of the Argentine Government to continue exploring all possible avenues towards a peaceful settlement of the dispute and its constructive approach towards the inhabitants of the Malvinas Islands.

REAFFIRMS the need for the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume, as soon as possible, negotiations on the sovereignty dispute, in order to find a peaceful solution to this protracted controversy.

DECIDES to continue to examine the question of the Malvinas Islands at its subsequent sessions until a definitive settlement has been reached thereon.- 3FOOTNOTES 1. … session of the General Assembly of the Organization of American States (OAS), which result in acts contrary to international law. In light of the foregoing, the Government of Mexico wishes to state that the accreditation of delegations participating in the General Assembly represents (1) an act of a declaratory nature whose validity issues from the membership granted to the State concerned; (2) is limited to the material scope of the participation of that delegation in the work of the corresponding body; and (3) does not accord special rights to any government or State in contravention of the provisions of the Charter of the OAS or international law. The accreditation of any person claiming to represent the Venezuelan State in the framework of the OAS is an act in breach of international law, since the Bolivarian Republic of Venezuela denounced the Charter of the Organization in April 2017, with the result that said Charter ceased to have any effect on that country since April

2019. The legal relationship that Venezuela retains with the Organization is limited, according to the provisions of Article 143 of the Charter, to international obligations pending fulfillment.

The recognition of governments is a sovereign act of States, not of international organizations. The OAS does not possess, nor can it arrogate to itself, powers of collective recognition enforceable as to membership, and therefore any act with such a purpose is beyond the scope of its competence and is null and void. Therefore, so long as any person remains accredited as Representative of the Bolivarian Republic of Venezuela to the OAS based on ultra vires acts, Mexico will continue to participate and exercise its prerogatives and rights within its organs, agencies, and entities; however, that should not be construed as acquiescence in the recognition of any government.

Accordingly, Mexico declares that it will exercise its right to maintain or suspend diplomatic relations with any country, without qualifying the right of any nation to accept, keep, or change its governments or authorities and without that impacting its participation as a member state of the OAS, nor does it represent any recognition of governments of the Hemisphere. Consequently, Mexico reserves the right to question the validity of acts and decisions emanating from the organs, agencies, and entities of the Organization when they are contrary to international law, and to express that such acts and decisions are not enforceable upon it where they overstep the scope of competence of the Organization, without prejudice to its rights and obligations as a member state of the Organization. 2. … persons attempting to usurp the legal representation of the Bolivarian Republic of Venezuela and the Legitimate Government of President Nicolás Maduro Moros. We request that this rejection be registered in all documents to be discussed at this fifty-first regular session of the OAS General Assembly. 3. … of Venezuela properly notified the Secretary-General of its denunciation of the Charter in accordance with Article 143 of the Charter of the Organization of American States and the Charter ceased to be in force with respect to the Bolivarian Republic of Venezuela which ceased to belong to the organization on 27 April 2019. Antigua and Barbuda did not support resolution CP/RES 1124 (2217/19) of April 9, 2019, which sought to appoint Mr. Gustavo Tarre as the National Assembly’s Representative to the OAS and did not accept the credentials of the officials intending to represent the Bolivarian Republic of Venezuela at the 49th, 50th and 51st Regular Sessions of the General Assembly. Therefore, Antigua and Barbuda notifies all member states and the General Secretariat of the Organization of American States that until further notice, it will not consider itself bound by any declaration or4resolution of the 51st Regular Session of the General Assembly or any future declarations or resolutions of any Council or organ of the Organization that includes the participation of any person or entity purporting to speak for, or act on behalf of, the Bolivarian Republic of Venezuela and/or in which an absolute or two thirds majority

resolution of the 51st Regular Session of the General Assembly or any future declarations or resolutions of any Council or organ of the Organization that includes the participation of any person or entity purporting to speak for, or act on behalf of, the Bolivarian Republic of Venezuela and/or in which an absolute or two thirds majority vote is attained with the participation of a purported representative of the Bolivarian Republic of Venezuela. 4. … elected government of the Bolivarian Republic of Venezuela submitted to the Organization of American States its written denunciation of the Charter of the Organization of American States and, in keeping with the provisions of Article 143 of the said Charter, ceased to be a member of the organization. Saint Vincent and the Grenadines did not support resolution CP/RES 1124 (2217/19) of April 9, 2019, which, in a procedural travesty, seated the purported representative. Saint Vincent and the Grenadines therefore advises this General Assembly that, until further notice, it reserves its full rights with regard to being bound by any declaration or resolution emanating from this Fifty-first Regular Session of the General Assembly or any future declarations or resolutions of any Council or organ of the Organization when these include the participation of any person or entity purporting to speak for or act on behalf of the Bolivarian Republic of Venezuela, and whose vote enables the attainment of a majority.- 5AG/DEC. 104 (LI-O/21)

RENEWED COMMITMENT TO SUSTAINABLE DEVELOPMENT

IN THE AMERICAS POST COVID-195/6/7/8/

(Adopted at the fourth plenary session, held on November 12, 2021)

THE GENERAL ASSEMBLY, REAFFIRMING its commitment to the Principles expressed in Article 3 of the Charter of the Organization of American States, to strengthening the actions of the Organization and its Member States for achieving the goals contained in Chapter VII of the Charter of the Organization, especially according to Article 30, and to the American Declaration of the Rights and Duties of Man, and the American Convention, and recalling its Protocol on Economic, Social and Cultural Rights (Protocol of San Salvador); RECALLING Article 15 of the Inter-American Democratic Charter which states that “the

according to Article 30, and to the American Declaration of the Rights and Duties of Man, and the American Convention, and recalling its Protocol on Economic, Social and Cultural Rights (Protocol of San Salvador); RECALLING Article 15 of the Inter-American Democratic Charter which states that “the exercise of democracy promotes the preservation and good stewardship of the environment” and reiterates the necessity “to protect the environment, to achieve sustainable development for the benefit of future generations”, the commitments of Member States to climate action through the Paris Agreement and the United Nations Framework Convention on Climate Change (UNFCCC) and related accords, and the Inter-American Program for Sustainable Development (PIDS), and the right to development proclaimed in the Declaration on the Right to Development, adopted in 1986 by the United Nations General Assembly, and reaffirmed by the Vienna Declaration and Program of Action of the World Conference on Human Rights9/; RECOGNIZING that to achieve sustainable development and to attain the 2030 Agenda’s goals, Member States need to continue addressing the causes of systemic racism, discrimination, intolerance, and inequality that particularly affect people in situations of vulnerability, in particular, women who have been negatively affected by the COVID -19 pandemic given the exacerbated increase in violence, particularly domestic violence, unpaid care work, and lack of access to the formal labor market, which represents a major setback to the full and equal exercise of the economic rights of all women, and to achieving the sustainable development goals;

5. Mexico once more notes with concern inconsistencies and irregularities in the Report of the Secretary General on the presentation of credentials of the delegations taking part in the fifty-first regular…

6. Nicaragua endorses the statements made by the delegations of Saint Vincent and the Grenadines, the United Mexican States, and the Plurinational State of Bolivia, rejecting the improper accreditation of…

7. Antigua and Barbuda considers that the Bolivarian Republic of Venezuela is not a member state of the Organization of American States since, on 27 April 2017, the Government of the Bolivarian Republic…

8. Saint Vincent places on record its non-recognition and non-acceptance of the credentials of the purported delegation of the National Assembly of the Bolivarian Republic of Venezuela. In 2017, the duly…

9. Colombia reiterates its position regarding the reference to the "right to development," which it understands as a progressive obligation that calls for proactive measures to be put in place to guarantee the well-being…- 6RECOGNIZING ALSO the central role to be played by a robust, inclusive and predictable means of implementation, such as financing, capacity-building and the voluntary transfer of technology on mutually agreed terms, in the achievement of sustainable development, especially by developing countries; RECOGNIZING the fundamental role played by women in response efforts to COVID-19, and the need for member states to ensure the full, equal and meaningful participation of all women, respecting and valuing the full diversity of women’s situations and conditions, in decision-making and equal access to leadership and representation in all spheres of society as a basis for an effective response; WITH RENEWED COMMITMENT in this first year of the Decade of Action for the SDGs, to the attainment of the 2030 Agenda for Sustainable Development in the Americas,

DECLARES:

1. The need to advance towards a comprehensive and multidisciplinary approach involving all Member States and all entities, bodies, specialized organizations, and the secretariats of the Organization of American States, in pursuit of the goals established in the Agenda 2030 for

Sustainable Development.

2. Its commitment to continue promoting national and regional measures, to respond to the multiple crises that have been unleashed, addressing the structural causes, particularly to counteract the effects of climate change and the loss of biodiversity, as well as discrimination, hunger and food and nutrition insecurity, displacement, poverty and violence.

3. The relevance of taking into account policies that offer the highest levels of protection for women's human rights, respecting and valuing the full diversity of women’s situations and

the effects of climate change and the loss of biodiversity, as well as discrimination, hunger and food and nutrition insecurity, displacement, poverty and violence.

3. The relevance of taking into account policies that offer the highest levels of protection for women's human rights, respecting and valuing the full diversity of women’s situations and conditions, in the context of the pandemic COVID-19 and its specific consequences for women, particularly those in vulnerable situations.

4. The importance of strengthening the role of the OAS, based on its four pillars, to collaborate with member states and other strategic partners to establish trends, challenges, opportunities, and vulnerabilities, and provide technical assistance to Member states in their efforts to enhance national capacity to achieve sustainable development.- 7FOOTNOTES 1. … session of the General Assembly of the Organization of American States (OAS), which result in acts contrary to international law.

In light of the foregoing, the Government of Mexico wishes to state that the accreditation of delegations participating in the General Assembly represents (1) an act of a declaratory nature whose validity issues from the membership granted to the State concerned; (2) is limited to the material scope of the participation of that delegation in the work of the corresponding body; and (3) does not accord special rights to any government or State in contravention of the provisions of the Charter of the OAS or international law. The accreditation of any person claiming to represent the Venezuelan State in the framework of the OAS is an act in breach of international law, since the Bolivarian Republic of Venezuela denounced the Charter of the Organization in April 2017, with the result that said Charter ceased to have any effect on that country since April

2019. The legal relationship that Venezuela retains with the Organization is limited, according to the provisions of Article 143 of the Charter, to international obligations pending fulfillment.

The recognition of governments is a sovereign act of States, not of international organizations. The OAS

does not possess, nor can it arrogate to itself, powers of collective recognition enforceable as to membership, and therefore any act with such a purpose is beyond the scope of its competence and is null and void. Therefore, so long as any person remains accredited as Representative of the Bolivarian Republic of Venezuela to the OAS based on ultra vires acts, Mexico will continue to participate and exercise its prerogatives and rights within its organs, agencies, and entities; however, that should not be construed as acquiescence in the recognition of any government. Accordingly, Mexico declares that it will exercise its right to maintain or suspend diplomatic relations with any country, without qualifying the right of any nation to accept, keep, or change its governments or authorities and without that impacting its participation as a member state of the OAS, nor does it represent any recognition of governments of the Hemisphere. Consequently, Mexico reserves the right to question the validity of acts and decisions emanating from the organs, agencies, and entities of the Organization when they are contrary to international law, and to express that such acts and decisions are not enforceable upon it where they overstep the scope of competence of the Organization, without prejudice to its rights and obligations as a member state of the Organization. 2. … persons attempting to usurp the legal representation of the Bolivarian Republic of Venezuela and the Legitimate Government of President Nicolás Maduro Moros. We request that this rejection be registered in all documents to be discussed at this fifty-first regular session of the OAS General Assembly. 3. … of Venezuela properly notified the Secretary-General of its denunciation of the Charter in accordance with Article 143 of the Charter of the Organization of American States and the Charter ceased to be in force with respect to the Bolivarian Republic of Venezuela which ceased to belong to the organization on 27 April 2019. Antigua and Barbuda did not support resolution CP/RES 1124 (2217/19) of April 9, 2019, which sought

to appoint Mr. Gustavo Tarre as the National Assembly’s Representative to the OAS and did not accept the credentials of the officials intending to represent the Bolivarian Republic of Venezuela at the 49th, 50th and 51st Regular Sessions of the General Assembly. Therefore, Antigua and Barbuda notifies all member states and the General Secretariat of the Organization of American States that until further notice, it will not consider itself bound by any declaration or8resolution of the 51st Regular Session of the General Assembly or any future declarations or resolutions of any Council or organ of the Organization that includes the participation of any person or entity purporting to speak for, or act on behalf of, the Bolivarian Republic of Venezuela and/or in which an absolute or two thirds majority vote is attained with the participation of a purported representative of the Bolivarian Republic of Venezuela. 4. … elected government of the Bolivarian Republic of Venezuela submitted to the Organization of American States its written denunciation of the Charter of the Organization of American States and, in keeping with the provisions of Article 143 of the said Charter, ceased to be a member of the organization. Saint Vincent and the Grenadines did not support resolution CP/RES 1124 (2217/19) of April 9, 2019, which, in a procedural travesty, seated the purported representative. Saint Vincent and the Grenadines therefore advises this General Assembly that, until further notice, it reserves its full rights with regard to being bound by any declaration or resolution emanating from this Fifty-first Regular Session of the General Assembly or any future declarations or resolutions of any Council or organ of the Organization when these include the participation of any person or entity purporting to speak for or act on behalf of the Bolivarian Republic of Venezuela, and whose vote enables the attainment of a majority. 5. … of citizens, but does not recognize it as a human right that includes the possibility of

individual or collective claim.- 9AG/DEC. 105 (LI-O/21)

THE SITUATION IN HAITI10/11/12/13/14/

(Adopted at the fourth plenary session, held on November 12, 2021) THE MINISTERS OF FOREIGN AFFAIRS AND HEADS OF DELEGATION OF THE OAS, RECALL resolution CP/RES. 1168 (2315/21) of March 17, 2021, establishing the Good Offices Mission with a mandate to facilitate political dialogue with a view to achieving free and fair elections, which presented its report to the Permanent Council on June 30, 2021; ALSO RECALL that the Charter of the Organization of American States recognizes that representative democracy is an indispensable condition for the stability, peace, and development in the region; REITERATE the recommendations identified in the Good Offices Mission report, particularly the need to take urgent measures to re-establish a climate of security; EXPRESS deep concern over the worsening political, economic, social, security and humanitarian crisis in Haiti and its grave impact on the stability of the region. ENCOURAGE the Government of Haiti to ensure the well-being of the Haitian people, and urge all stakeholders to engage in a serious and inclusive dialogue to find lasting solutions that meet the aspirations of the Haitian people. REAFFIRM that any solution to the current multidimensional crisis in Haiti requires the efforts of all the stakeholders of the Haitian nation, including the government, the opposition, civil society, and the private and religious sectors. URGE the Organization of American States and the international community to continue supporting the Haitian authorities in their efforts to restore security, combat impunity, and defend human rights in Haiti, as well as to assist in the preparation of free, fair, and transparent elections under international observation.

10. Mexico once more notes with concern inconsistencies and irregularities in the Report of the Secretary

General on the presentation of credentials of the delegations taking part in the fifty-first regular…

11. Nicaragua endorses the statements made by the delegations of Saint Vincent and the Grenadines, the United Mexican States, and the Plurinational State of Bolivia, rejecting the improper accreditation of…

12. Antigua and Barbuda considers that the Bolivarian Republic of Venezuela is not a member state of the Organization of American States since, on 27 April 2017, the Government of the Bolivarian Republic…

13. Saint Vincent places on record its non-recognition and non-acceptance of the credentials of the purported delegation of the National Assembly of the Bolivarian Republic of Venezuela. In 2017, the duly…

14. Saint Vincent and the Grenadines supports the declaration on 'the Situation in Haiti', noting that its development involved the subject Member State itself. Saint Vincent and the Grenadines underscores…- 10REAFFIRM their commitment to the Haitian people in their determination to resolve the severe humanitarian crisis in the country, exacerbated by the COVID-19 pandemic and natural disasters, and to work together to build a stable, prosperous, and secure future for Haiti.

ENCOURAGE member states to cooperate with the Republic of Haiti in connection with the investigation into the assassination of President Jovenel Moïse. CALL ON the member states of the Organization to urgently address the current situation in Haiti.- 11FOOTNOTES 1. … session of the General Assembly of the Organization of American States (OAS), which result in acts contrary to international law. In light of the foregoing, the Government of Mexico wishes to state that the accreditation of delegations participating in the General Assembly represents (1) an act of a declaratory nature whose validity issues from the membership granted to the State concerned; (2) is limited to the material scope of the participation of that

delegation in the work of the corresponding body; and (3) does not accord special rights to any government or State in contravention of the provisions of the Charter of the OAS or international law. The accreditation of any person claiming to represent the Venezuelan State in the framework of the OAS is an act in breach of international law, since the Bolivarian Republic of Venezuela denounced the Charter of the Organization in April 2017, with the result that said Charter ceased to have any effect on that country since April

2019. The legal relationship that Venezuela retains with the Organization is limited, according to the provisions of Article 143 of the Charter, to international obligations pending fulfillment.

The recognition of governments is a sovereign act of States, not of international organizations. The OAS does not possess, nor can it arrogate to itself, powers of collective recognition enforceable as to membership, and therefore any act with such a purpose is beyond the scope of its competence and is null and void. Therefore, so long as any person remains accredited as Representative of the Bolivarian Republic of Venezuela to the OAS based on ultra vires acts, Mexico will continue to participate and exercise its prerogatives and rights within its organs, agencies, and entities; however, that should not be construed as acquiescence in the recognition of any government. Accordingly, Mexico declares that it will exercise its right to maintain or suspend diplomatic relations with any country, without qualifying the right of any nation to accept, keep, or change its governments or authorities and without that impacting its participation as a member state of the OAS, nor does it represent any recognit