(Adopted at the fourth plenary session, held on June 8, 2010)
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) and AG/RES. 2490 (XXXIX-O/09), “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 and the Second Meeting of Ministers Responsible for Public Security in the Americas (MISPA), as well as the conclusions and recommendations from the Meetings of Ministers of Justice or Other Ministers or Attorneys General of the Americas (REMJA);
RECALLING that 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;
TAKING NOTE WITH SATISFACTION of the adoption of United Nations General Assembly Resolution A/RES/64/179 entitled “Strengthening the United Nations Crime Prevention and Criminal Justice Program, in particular its technical cooperation capacity,” which, among other things, requests the convening, in the second quarter of 2010, of a high-level meeting of the General Assembly to consider the challenges of the fight against transnational organized crime and to promote universal adherence to and effective application of the legal regime deriving from the United Nations Convention against Transnational Organized Crime (Palermo Convention) and the supplementary protocols thereto; and
NOTING WITH SATISFACTION that the Second Meeting of the Technical Group on Transnational Organized Crime was held at the Organization of American States (OAS) headquarters on October 7, 2009,
1. To promote full implementation of the Hemispheric Plan of Action against Transnational Organized Crime, the principal purpose of which is to further implementation by member states of the Organization of American States (OAS) of the United Nations Convention against Transnational Organized Crime (Palermo Convention) and the three protocols thereto.
2. To urge 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 invite member states to be represented at the United Nations General Assembly’s High-Level Meeting on Transnational Organized Crime, to be held in New York in June 2010.
4. To continue consideration of the draft document “Components of the Work Program of the Technical Group on Transnational Organized Crime” during the third meeting of the Technical Group on Transnational Organized Crime.
5. To convene the Third Meeting of the Technical Group on Transnational Organized Crime during the second half of 2010 at OAS headquarters; and also to provide support for such preparatory meetings as are relevant.
6. To instruct the Permanent Council to review, through the Committee on Hemispheric Security, the agenda for the Third Meeting of the Technical Group on Transnational Organized Crime, with assistance from the Secretariat for Multidimensional Security.
7. To urge member states to identify a national point of contact for issues related to transnational organized crime.
8. To request the General Secretariat to update and distribute a Directory of National Points of Contact.
9. To request the General Secretariat to continue to assist member states, upon their request, in capacity-building and technical assistance to prevent, investigate, and eradicate acts of transnational organized crime at the bilateral, subregional, regional, and multilateral levels, in coordination with the United Nations Office on Drugs and Crime and other relevant international institutions.
10. To direct that the meetings of the Technical Group be held within the resources allocated in the program-budget of the Organization and other available resources; and to request the General Secretariat to provide the necessary administrative and technical secretariat support for these purposes.
11. To request the Permanent Council to report to the General Assembly at its forty-first and forty-second regular sessions 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.