OEA - CP - Resolución CP CAJP 3878 rev 3 add 1

PERMANENT COUNCIL OF THE OEA/Ser.G ORGANIZATION OF AMERICAN STATES CP/CAJP-3878/25 rev. 3 add. 1 15 April 2026

COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: Spanish

PROPOSED AMENDMENTS OF THE PERMANENT MISSION OF COLOMBIA TO THE

DRAFT RESOLUTION OF THE GENERAL ASSEMBLY

“INSTALLATION OF THE CREDENTIALS COMMITTEE

OF THE ORGANIZATION OF AMERICAN STATES”

(Pre-agreed upon at the informal meeting of the CAJP on March 20, 2026)NOTE FROM THE CHAIR OF THE CAJP

The draft resolution pre-agreed upon at the informal meeting of the CAJP on March 20, 2026 is hereby forwarded for the information of the delegations.

If no additional comments are received, it will be considered at the regular session of the Committee on Juridical and Political Affairs, scheduled for April 16, 2026.2 DRAFT RESOLUTION OF THE GENERAL ASSEMBLY “INSTALLATION OF THE CREDENTIALS COMMITTEE OF THE ORGANIZATION OF AMERICAN STATES” – Title in Spanish pre-agreed (Pre-agreed upon at the informal meeting of the CAJP on March 20, 2026) HAVING SEEN resolution AG/RES. 3040 (LV-O/25), “Establishment of a Credentials Committee for the Organization of American States,” by which the General Assembly established a Credentials Committee of the Organization of American States to act as a permanent body to review credentials presented to the General Assembly, the Meeting of Consultation of Ministers of Foreign Affairs, and the Councils;- Pre-agreed CONSIDERING: That it instructed the General Secretariat to submit for the consideration of the Permanent Council, within ninety (90) days of the adoption of resolution AG/RES. 3040 (LV-O/25), “proposed

adjustments to the pertinent regulatory instruments for its approval, so that the Credentials Committee can be operationalized in order to fulfill its mandate”; - Pre-agreed That the OAS General Assembly is the competent body for adopting amendments to the Rules of Procedure of the General Assembly (Article 85 of those Rules of Procedure), the Statutes of the Permanent Council (Article 64 of those Statutes), and the Statutes of the Inter-American Council for Integral Development (Article 35 of those Statutes); - Pre-agreed That Article 53 of the Charter of the Organization of American States (OAS) empowers the General Assembly to establish “such subsidiary organs, agencies, and other entities as are considered necessary,” “in addition to those provided for in the Charter and in accordance with the provisions thereof”; and that Article 54.a of the OAS Charter similarly grants it the authority to determine “the structure and functions of its organs,” – Pre-agreed

RESOLVES:

1. To install the Credentials Committee established by resolution AG/RES 3040 in accordance with the regulations of the Organization of American States, as a single technical and advisory body, with the purpose of [COL: reviewing and] advising the member states on the credentials of delegations and representatives to the intergovernmental bodies provided for in Article 53(a), (b), and (c) of the Charter of the Organization of American States.1 / Pre-agreed

2. To adopt the pertinent amendments to the Rules of Procedure of the OAS General Assembly:

1 . Article 53 of the OAS Charter: “The Organization of American States accomplishes its purposes by means of: (a) The General Assembly; (b) The Meeting of Consultation of Ministers of Foreign Affairs; (c) The Councils.”3 The text of Article 3 in section II of the Rules of Procedure is amended to incorporate the Credentials Committee . In the same section, a new provision— article 3 bis—is hereby incorporated:

Article 3. The members of each delegation to the Organization of American States shall be accredited to the General Assembly by their respective governments through written communication to the Secretary General of the Organization , who

incorporate the Credentials Committee . In the same section, a new provision— article 3 bis—is hereby incorporated:

Article 3. The members of each delegation to the Organization of American States shall be accredited to the General Assembly by their respective governments through written communication to the Secretary General of the Organization , who shall immediately transmit it to the Credentials Committee for its examination. Preagreed 032026 Article 3 bis. Permanent Observers to the Organization of American States shall be accredited to the General Assembly by their respective governments through written communication to the Secretary General of the Organization. Pre-agreed 032026 Under section V, “Committees” the current Article 27 is amended, and new Articles 27 bis, 27 ter, and 27 quater are incorporated under the title “Credentials Committee.”: Modification to article 27 of the Rules of Procedure of the General Assembly in effect: Credentials Article 27. The Secretary General shall receive the credentials presented to him under the provisions of Article 3. bis and shall submit a report on the matter to the General Assembly. Pre-agreed 032026 Credentials Committee Article 27 bis. The Credentials Committee shall examine the credentials presented to it under the provisions of Article 3 and shall submit a report on the matter to the General Assembly. Pre-agreed Article 27 ter . The member states of the Credentials Committee shall be appointed [COL: at the time of the election of officers ] at each regular session of the General Assembly [COL: in accordance with Article 30.d of these Rules of Procedure ] , and they shall hold office until a new Credentials Committee is appointed at the next regular session. Pre-agreed 032026 Article 27 quater. The Credential Committee shall draft its internal rules of procedure and will submit it for the approval of the Permanent Council. Pre-agreed 032026

A new subparagraph (a) is hereby included in Article 30, under section VI of the Rules of Procedure of the General Assembly: Article 30. The agenda for each regular session of the General Assembly shall include the following matters, in addition to those mentioned in the previous article:4

a. Consideration of the report of the Credentials Committee [COL: , and] determination on credentials for the General Assembly’s session [COL: and appointment of new members of the Committee]; - Pre-agreed a bis. Adoption of the agenda; - Pre-agreed b. The observations and recommendations of the Permanent Council on the reports of the Inter-American Council for Integral Development, the InterAmerican Juridical Committee, the Inter-American Commission on Human Rights, the General Secretariat, the specialized organizations and conferences, and the other organs, agencies, and entities;

c. Determination of the place and date of the next regular session; d. Election of officers of organs, agencies, and entities of the Organization; e. Approval of the annual program-budget of the Organization; and f. Determination of the quotas of the member states.

3. To adopt the pertinent amendments to the Statutes of the Permanent Council: Articles 3 and 4 under section II of the Statutes of the Permanent Council are hereby

amended:

II. MEMBERSHIP Article 3. The government of each member state shall advise the Secretary General of the appointment of its representative to the Organization of American States, and of the appointment of alternate representatives and advisers, and, when called for, of its interim representatives. Said communication shall be addressed by the Head of State, Head of Government, or Minister of Foreign Affairs, as appropriate. – Pre-agreed The Secretary General shall, in turn, immediately inform the Credentials Committee whenever a member state accredits a new permanent representative to the Organization for it to conduct

its examination. – Pre-agreed The Credentials Committee shall submit a report on the matter to the Permanent Council,prior to its next regular meeting, for its consideration. – Pre-agreed Article 4 . The order of precedence of the permanent representatives and of interim representatives shall be determined according to the dates on which the General Secretariat receives their letters of credentials. The Credentials Committee and the General Secretariat shall maintain a register of the missions indicating the aforementioned order of precedence. - Pre-agreed5 A new subparagraph “k” is hereby incorporated in Article 19, under section IX of the Statutes of the Permanent Council:

IX. COMPETENCE

General Powers and Functions Article 19. The Permanent Council shall: a. Make recommendations on matters under its authority, within the limits of the Charter and other inter-American instruments; b. Render to the governments such specialized services as they may request, to the extent of its ability and with the cooperation of the General Secretariat; c. Prepare, at the request of the member states and with the cooperation of the appropriate organs of the Organization, draft agreements to promote and facilitate cooperation between the Organization of American States and the United Nations or between the Organization and other American agencies of recognized international standing; and submit these draft agreements to the General Assembly for approval; d. With the prior approval of the General Assembly, establish the subsidiary organs and the agencies that it considers advisable for the best performance of its duties. When the General Assembly is not in session the Council may provisionally establish the aforesaid organs and agencies. In constituting the membership of these bodies, the Council, insofar as possible, shall follow the criteria of rotation and equitable geographic representation; e. Require the Inter-American Council for Integral Development, as well as the subsidiary organs and agencies responsible to it, to provide it with information

and advisory services on matters within their respective spheres of competence; and request the same services from the other agencies of the inter-American system; f. Answer the inquiries that the Inter-American Council for Integral Development addresses to it within its sphere of competence; g. Adopt the programs that, in the sphere of competence of the Council, shall serve the General Secretariat as a basis for preparing the proposed programbudget of the Organization in accordance with the provisions of Article 112.c of the Charter; h. Carry out those decisions of the General Assembly or of the Meeting of Consultation of Ministers of Foreign Affairs, the implementation of which has not been assigned to any other body;

1. Make such observations as it may deem pertinent, in its sphere of competence, with regard to the proposed program-budget of the Organization prepared by the General Secretariat and which the latter transmits to it for consultation, for the purposes indicated in Article 112.c of the Charter;

j. Approve its own Rules of Procedure and those of its subsidiary organs, agencies, and committees.6 k. Consider the report of the Credentials Committee and make a determination of accreditations presented to the Permanent Council. Pre-agreed 032026

4. To incorporate these provisions, as necessary, into the preparation of the Rules of Procedure adopted on the occasion of the Meetings of Consultation of Ministers of Foreign Affairs. 5. [COL:Once this resolution has been adopted, the Credentials Committee shall be instaled and its members shall be elected. Pre-agreed 032026]

[COL 5 ALT: Once this resolution has been adopted, the General Assembly will proceed to the appointment of the members of the Credentials Committee]

6. Instruct the Credentials Committee to submit, for the consideration of the Permanent Council and within ninety days following the adoption of this resolution, a proposed set of rules, in order for the Committee to fulfill its mandate. Pre-agreed 032026

7. Transitional provisions:

1. Instruct the Credentials Committee to convene informal meetings prior to its inaugural session in order to prepare the rules of procedure that will guide its work, so as to comply with the deadline established in paragraph [COL: 5 6]

7. Transitional provisions:

1. Instruct the Credentials Committee to convene informal meetings prior to its inaugural session in order to prepare the rules of procedure that will guide its work, so as to comply with the deadline established in paragraph [COL: 5 6] of this resolution. Pre-agreed 032026 ii. Pending the adoption of the rules of procedure of the Credentials Committee by Permanent Council, t he members of each delegation and the permanent observers to the Organization of American States shall be accredited by their respective governments through written communication to the Secretary General of the Organization. Pre-agreed 0320267

ANNEX I AG/RES. 3040 (LV-O/25)

ESTABLISHMENT OF A CREDENTIALS COMMITTEE FOR

THE ORGANIZATION OF AMERICAN STATES

(Adopted at the fourth plenary session, held on June 27, 2025) THE GENERAL ASSEMBLY, RECALLING that the Organization of American States (OAS) was founded under the Charter of the United Nations on the principles of democracy, the sovereign equality of States, and the peaceful resolution of disputes, and that it constitutes, within the United Nations system, a regional body; RECOGNIZING that the uniform and transparent validation of the credentials of Member States strengthens the cohesion, legitimacy, and institutional integrity of the Organization; CONSIDERING that no dedicated committee of Member States, of an advisory nature, exists to review the credentials of the Member States; RECALLING United Nations General Assembly Resolution 396 (V), which emphasizes that competing claims over representation should be resolved in a consistent manner, guided by the Charter of the United Nations and through an appropriate representative body, to avoid divergent decisions in different forums; TAKING INTO ACCOUNT best practices in other multilateral bodies, such as the United Nations, the Pan American Health Organization, and the World Health Organization, which rely on dedicated Credentials Committees –or analogous mechanisms– to ensure that the representatives of Member States are validly accredited; NOTING the legal opinion of June 29, 2022 (Note OEA/2.2/89/22), issued by the Secretariat

dedicated Credentials Committees –or analogous mechanisms– to ensure that the representatives of Member States are validly accredited; NOTING the legal opinion of June 29, 2022 (Note OEA/2.2/89/22), issued by the Secretariat for Legal Affairs, which finds that the current OAS framework does not provide for the existence of a Credentials Committee; RECOGNIZING that, under Article 27 of the Rules of Procedure of the General Assembly, the Secretary General shall receive the credentials presented by Member States in accordance with Article 3 and shall submit a report to the General Assembly, understanding that ultimate responsibility rests with the Member States themselves, thus underscoring the need for a structured advisory body to support consistent decision-making; and DETERMINED TO strengthen the institutions of the OAS so that, in an interconnected hemisphere, no State’s representation is left in doubt, and the collective mission of the Organization is carried out with clarity and unity,

RESOLVES:8

1. To establish a permanent Credentials Committee of the OAS, whose purpose shall be to review and advise Member States on the credentials of delegations and representatives to the intergovernmental organs established under subparagraphs (a), (b), and (c) of Article 53 of the Charter of the Organization of American States2 / .

2. That the Credentials Committee shall consist of the following five (5) members: one (1) representative from North America (Canada, Mexico, and the United States); one (1) representative from the Caribbean Community (CARICOM); one (1) representative from the Subregion of Central America and the Dominican Republic; one (1) representative from South America; and the Chair of the

Permanent Council.

3. To decide that any Member State that belongs to multiple groups shall officially and definitively indicate, prior to the establishment of the Committee, a single group in which it wishes to be included for the purposes of this resolution.

4. That members of the Committee shall be appointed at the inauguration of each regular session of the General Assembly. To maintain equitable representation,. seats shall rotate among eligible Member States within each of the four regional groups. The rotation, within each group, shall

be included for the purposes of this resolution.

4. That members of the Committee shall be appointed at the inauguration of each regular session of the General Assembly. To maintain equitable representation,. seats shall rotate among eligible Member States within each of the four regional groups. The rotation, within each group, shall proceed according to the Spanish alphabetical order of the Member States’ names.

5. That the work of the Committee should be guided by: (a) the Charter of the Organization of American States; (b) the Charter of the United Nations, including the Repertory of Practice on article 9; (c) Rules of Procedure of the General Assembly and the Permanent Council;

6. That the Credentials Committee shall have the following core functions to: (a) review the credentials submitted by either Head of State, Head of Government, or Ministers for Foreign Affairs, as appropriate, for each Member State delegation that will participate in the activities of the referred organs taking into consideration whether credentials by such Head of State, Head of Government, or Ministers for Foreign Affairs have been accepted by the United Nations; (b) offer a report, without delay, on its findings and recommendations with the regard to the legitimacy of the credentials, to enable timely recognition of delegations by Member States; and (c) maintain an updated record of recognized representatives, serving as a single point of reference.

7. To request the Secretary General to communicate this resolution to all OAS organs, agencies, and other entities, as well as to relevant multilateral partners (including the United Nations and its specialized agencies), to align practices and promote mutual recognition of credential‐checking mechanisms.

8. To affirm that nothing in this resolution shall be construed to limit any Member State’s sovereign right to determine its delegation.

9. To instruct the General Secretariat to submit for the consideration of the Permanent Council, within ninety (90) days of adoption of this resolution, the proposed adjustments to the pertinent regulatory instruments for its approval, so that the Credentials Committee can be operationalized in order to fulfill its mandate.

2 . Reference: OAS Charter Article 53 The Organization of American States accomplishes its purposes by means of:

Council, within ninety (90) days of adoption of this resolution, the proposed adjustments to the pertinent regulatory instruments for its approval, so that the Credentials Committee can be operationalized in order to fulfill its mandate.

2 . Reference: OAS Charter Article 53 The Organization of American States accomplishes its purposes by means of: a) The General Assembly; b) The Meeting of Consultation of Ministers of Foreign Affairs; c) The Councils.9

10. To instruct the Committee, upon its inaugural meeting, to draft and approve rules of procedure guiding its internal review practice, which shall then be submitted to the Permanent Council for final approval.