Organization of American States
(Adopted at the fourth plenary session, held on June 4, 2009)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolutions AG/RES. 2026 (XXXIV-O/04), AG/RES. 2116 (XXXV-O/05), and AG/RES. 2189 (XXXVI-O/06), “Fighting Transnational Organized Crime in the Hemisphere”; AG/RES. 2334 (XXXVII-O/07), “Execution of the Hemispheric Plan of Action against Transnational Organized Crime”; and AG/RES. 2379 (XXXVIII-O/08), “Execution of the Hemispheric Plan of Action against Transnational Organized Crime and Strengthening of Hemispheric Cooperation”;
RECALLING that in the Declaration on Security in the Americas, adopted at the Special Conference on Security, held in Mexico City in October 2003, the member states condemned transnational organized crime, since it constitutes an assault on institutions in our countries and negatively affects our societies, and renewed the commitment to fighting it by strengthening the domestic legal framework, the rule of law, and multilateral cooperation, respectful of the sovereignty of each state;
REAFFIRMING the commitments emanating from the First Meeting of Ministers Responsible for Public Security in the Americas and the Meetings of Ministers of Justice or Other Ministers or Attorneys General of the Americas;
RECALLING at the Fifth Summit of the Americas the Heads of State and Government reaffirmed the importance of increasing hemispheric cooperation in the fight against transnational organized crime;/ and
TAKING NOTE of the rescheduling of the Second Meeting of the Technical Group on Transnational Organized Crime to the second half of 2009,
1. To promote full implementation of the Hemispheric Plan of Action against Transnational Organized Crime, the principal purpose of which is to further application by member states of the Organization of American States (OAS) of the United Nations Convention against Transnational Organized Crime (Palermo Convention) and the protocols thereto.
2. To exhort those member states that have not yet done so to consider acceding to or ratifying, as the case may be, and to implement as soon as possible the Palermo Convention and the protocols thereto, and to participate actively in the Conference of States Parties to the Palermo Convention, including by responding to the self-assessment questionnaires./
3. To reiterate the mandates contained in resolution AG/RES. 2379 (XXXVIII-O/08), “Execution of the Hemispheric Plan of Action against Transnational Organized Crime and Strengthening of Hemispheric Cooperation.”
4. To encourage the member states to continue to play an active part in the fight against transnational organized crime in its diverse manifestations and to adopt the necessary measures for implementation of the Hemispheric Plan of Action against Transnational Organized Crime in their respective countries, and to contribute to the OAS with financial or human resources, or in kind, in order to achieve the objectives established in the Plan of Action.
5. To urge member states to participate in the Second Meeting of the Technical Group on Transnational Organized Crime, to be held at OAS headquarters in Washington, D.C., in September 2009.
6. To request the General Secretariat to take full advantage of offers by member states to assist other member states, upon their request, in training, technical assistance, and capacity- building to prevent, investigate, and eradicate acts of transnational organized crime at the bilateral, multilateral, subregional, and regional levels which may be identified during the meetings of the OAS Technical Group on Transnational Organized Crime and other meetings.
7. To instruct the Permanent Council to review, through the Committee on Hemispheric Security, the agenda and schedule for the Second Meeting of the Technical Group on Transnational Organized Crime, with assistance from the Secretariat for Multidimensional Security.
8. To request the General Secretariat to continue its efforts in training, technical assistance, and capacity-building to prevent, investigate, and eradicate acts of transnational organized crime, at the bilateral, multilateral, subregional, and regional levels, in coordination with the United Nations Office on Drugs and Crime and other relevant international institutions.
9. To request the Permanent Council to report to the General Assembly at its fortieth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.
. The Government of Nicaragua places on record its express reservation to the Declaration of the Fifth Summit of the Americas, held in Port of Spain, Trinidad and Tobago. During that event, Nicaragua expressed its view that the Declaration of the Fifth Summit of the Americas was unacceptable and inadequate as it did not resolve a number of matters that were extremely important for the Hemisphere and were still under discussion. Nor does Nicaragua accept that references may be made to that Declaration in the resolutions to be adopted by the OAS General Assembly. Nicaragua reaffirms that the items on the General Assembly agenda should be derived from the debates and deliberations of the Heads of State and Government in Trinidad and Tobago.
. The delegation of Colombia wishes to make the following declaration on operative paragraph 2 of the resolution “Hemispheric Plan of Action against Transnational Organized Crime and Strengthening of Hemispheric Cooperation.” Colombia has ratified the United Nations Convention against Transnational Organized Crime and its Additional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and is fully committed to their application.
However, Colombia has stated that it will not ratify the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, or the Protocol against the Smuggling of Migrants by Land, Sea and Air. Colombia does not agree with the text of Article 4, paragraph 2, of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, concerning its scope of application. Colombia would have preferred that the Protocol apply to all transfers of firearms, their parts and components, and ammunition, in order to make a real contribution to preventing and combating illicit trafficking therein, and in order that transfers between states, like all other transfers, be subject to the control mechanisms set out in the Protocol. The definition of “illicit trafficking” contained in Article 3, section (e), of the Protocol must be borne in mind: it states that, for a transfer to be licit, the authorization of all states parties involved in it is required. An escape clause, such as that appearing in Article 4, runs counter to that definition inasmuch as it implies that a state may transfer arms without the authorization or consent of one of the other states concerned. This would not only make such a transfer illicit but also open up the possibility for arms to be transferred to non-state actors. Colombia, a country that has been seriously affected by the illicit trafficking in arms, cannot accept that certain arms transfers, such as transfers to non-state actors–which in our view constitute a grave crime–and transfers between states be excluded from the Protocol’s control measures, and therefore, in accordance with the Vienna Convention on the Law of Treaties, took the sovereign decision not to ratify this Protocol. With reference to the Protocol against the Smuggling of Migrants by Land, Sea and Air, Colombia has stated that it will not ratify this instrument inasmuch as it considers that it contains provisions designed to legitimize the forced repatriation of migrants who have not necessarily been smuggled. That approach was promoted during the negotiation of the Protocol by the destination countries, none of which has ratified the 1990 United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Colombia believes that the clause contained in Article 6, paragraph 4, could lead to the criminalization of migrants, whereas the purpose of the Protocol is to pursue criminal groups, not migrants. Pursuant to the above, and in compliance with the Vienna Convention on the Law of Treaties, Colombia took the sovereign decision not to ratify the Protocol.