Charter of the Organization of American States
As amended by the Protocol of Amendment to the
Charter of the Organization of American States "Protocol of Buenos
Aires", signed on February 27, 1967, at the Third Special Inter-American
Conference,
by the Protocol of Amendment to the Charter of
the Organization of American States "Protocol of Cartagena de
Indias", approved on December 5, 1985, at the Fourteenth Special Session
of the General Assembly,
by the Protocol of Amendment to the Charter of
the Organization of American States "Protocol of Washington",
approved on December 14, 1992, at the Sixteenth Special Session of the General
Assembly,
and by the Protocol of Amendment to
the Charter of the Organization of American States "Protocol of
Managua", adopted on June 10, 1993, at the Nineteenth Special Session of
the General Assembly.
GENERAL SECRETARIAT
ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C., 1997
TABLE OF CONTENTS
Preamble
Part One
Part Two
Part Three
CHARTER OF THE ORGANIZATION OF AMERICAN STATES *
IN THE NAME OF THEIR PEOPLES, THE STATES
REPRESENTED AT THE NINTH INTERNATIONAL CONFERENCE OF AMERICAN STATES,
Convinced that the historic mission of
America is to offer to man a land of liberty and a favorable environment for
the development of his personality and the realization of his just
aspirations;
Conscious that that mission has already inspired
numerous agreements, whose essential value lies in the desire of the American
peoples to live together in peace and, through their mutual understanding and
respect for the sovereignty of each one, to provide for the betterment of all,
in independence, in equality and under law;
Convinced that representative democracy is an
indispensable condition for the stability, peace and development of the
region;
Confident that the true significance of American
solidarity and good neighborliness can only mean the consolidation on this
continent, within the framework of democratic institutions, of a system of
individual liberty and social justice based on respect for the essential
rights of man;
Persuaded that their welfare and their
contribution to the progress and the civilization of the world will
increasingly require intensive continental cooperation;
Resolved to persevere in the noble undertaking
that humanity has conferred upon the United Nations, whose principles and
purposes they solemnly reaffirm;
Convinced that juridical organization is a
necessary condition for security and peace founded on moral order and on
justice; and
In accordance with Resolution IX of the
Inter-American Conference on Problems of War and Peace, held in Mexico City,
HAVE AGREED
upon the following
CHARTER OF THE ORGANIZATION OF
AMERICAN STATES
PART ONE
Chapter I
NATURE AND PURPOSES
Article 1
The American
States establish by this Charter the international organization that they have
developed to achieve an order of peace and justice, to promote their
solidarity, to strengthen their collaboration, and to defend their
sovereignty, their territorial integrity, and their independence. Within the
United Nations, the Organization of American States is a regional agency.
The Organization
of American States has no powers other than those expressly conferred upon it
by this Charter, none of whose provisions authorizes it to intervene in
matters that are within the internal jurisdiction of the Member States.
Article 2
The
Organization of American States, in order to put into practice the principles
on which it is founded and to fulfill its regional obligations under the
Charter of the United Nations, proclaims the following essential purposes:
a) To strengthen
the peace and security of the continent;
b) To promote and consolidate representative
democracy, with due respect for the principle of nonintervention;
c) To prevent possible causes of difficulties and
to ensure the pacific settlement of disputes that may arise among the Member
States;
d) To provide for common action on the part of
those States in the event of aggression;
e) To seek the solution of political, juridical,
and economic problems that may arise among them;
f) To promote, by cooperative action, their
economic, social, and cultural development;
g) To eradicate extreme poverty, which
constitutes an obstacle to the full democratic development of the peoples of
the hemisphere; and
h) To achieve an effective limitation of
conventional weapons that will make it possible to devote the largest amount
of resources to the economic and social development of the Member States.
Chapter II
PRINCIPLES
Article 3
The American
States reaffirm the following principles:
a) International law is the standard of conduct
of States in their reciprocal relations;
b) International order consists essentially of
respect for the personality, sovereignty, and independence of States, and the
faithful fulfillment of obligations derived from treaties and other sources of
international law;
c) Good faith shall govern the relations between
States;
d) The solidarity of the American States and the
high aims which are sought through it require the political organization of
those States on the basis of the effective exercise of representative
democracy;
e) Every State has the right to choose, without
external interference, its political, economic, and social system and to
organize itself in the way best suited to it, and has the duty to abstain from
intervening in the affairs of another State. Subject to the foregoing, the
American States shall cooperate fully among themselves, independently of the
nature of their political, economic, and social systems;
f) The elimination of extreme poverty is an
essential part of the promotion and consolidation of representative democracy
and is the common and shared responsibility of the American States;
g) The American States condemn war of aggression:
victory does not give rights;
h) An act of aggression against one American
State is an act of aggression against all the other American States;
i) Controversies of an international character
arising between two or more American States shall be settled by peaceful
procedures;
j) Social justice and social security are bases
of lasting peace;
k) Economic cooperation is essential to the
common welfare and prosperity of the peoples of the continent;
l) The American States proclaim the fundamental
rights of the individual without distinction as to race, nationality, creed,
or sex;
m) The spiritual unity of the continent is based
on respect for the cultural values of the American countries and requires
their close cooperation for the high purposes of civilization;
n) The education of peoples should be directed
toward justice, freedom, and peace.
Chapter III
MEMBERS
Article 4
All American
States that ratify the present Charter are Members of the Organization.
Article 5
Any new political
entity that arises from the union of several Member States and that, as such,
ratifies the present Charter, shall become a Member of the Organization. The
entry of the new political entity into the Organization shall result in the
loss of membership of each one of the States which constitute it
Article 6
Any other
independent American State that desires to become a Member of the Organization
should so indicate by means of a note addressed to the Secretary General, in
which it declares that it is willing to sign and ratify the Charter of the
Organization and to accept all the obligations inherent in membership,
especially those relating to collective security expressly set forth in
Articles 28 and 29 of the Charter.
Article 7
The General
Assembly, upon the recommendation of the Permanent Council of the
Organization, shall determine whether it is appropriate that the Secretary
General be authorized to permit the applicant State to sign the Charter and to
accept the deposit of the corresponding instrument of ratification. Both the
recommendation of the Permanent Council and the decision of the General
Assembly shall require the affirmative vote of two thirds of the Member
States.
Article 8
Membership in the
Organization shall be confined to independent States of the Hemisphere that
were Members of the United Nations as of December 10, 1985, and the
nonautonomous territories mentioned in document OEA/Ser. P, AG/doc.1939/85, of
November 5, 1985, when they become independent.
Article 9
A Member of the
Organization whose democratically constituted government has been overthrown
by force may be suspended from the exercise of the right to participate in the
sessions of the General Assembly, the Meeting of Consultation, the Councils of
the Organization and the Specialized Conferences as well as in the
commissions, working groups and any other bodies established.
a) The power to
suspend shall be exercised only when such diplomatic initiatives undertaken by
the Organization for the purpose of promoting the restoration of
representative democracy in the affected Member State have been unsuccessful;
b) The decision to
suspend shall be adopted at a special session of the General Assembly by an
affirmative vote of two-thirds of the Member States;
c) The suspension
shall take effect immediately following its approval by the General Assembly;
d) The suspension
notwithstanding, the Organization shall endeavor to undertake additional
diplomatic initiatives to contribute to the re-establishment of representative
democracy in the affected Member State;
e) The Member which
has been subject to suspension shall continue to fulfill its obligations to
the Organization;
f) The General
Assembly may lift the suspension by a decision adopted with the approval of
two-thirds of the Member States;
g) The powers
referred to in this article shall be exercised in accordance with this
Charter.
Chapter IV
FUNDAMENTAL RIGHTS AND DUTIES OF STATES
Article 10
States are
juridically equal, enjoy equal rights and equal capacity to exercise these
rights, and have equal duties. The rights of each State depend not upon its
power to ensure the exercise thereof, but upon the mere fact of its existence
as a person under international law.
Article 11
Every American
State has the duty to respect the rights enjoyed by every other State in
accordance with international law.
Article 12
The
fundamental rights of States may not be impaired in any manner whatsoever.
Article 13
The political
existence of the State is independent of recognition by other States. Even
before being recognized, the State has the right to defend its integrity and
independence, to provide for its preservation and prosperity, and consequently
to organize itself as it sees fit, to legislate concerning its interests, to
administer its services, and to determine the jurisdiction and competence of
its courts. The exercise of these rights is limited only by the exercise of
the rights of other States in accordance with international law.
Article 14
Recognition
implies that the State granting it accepts the personality of the new State,
with all the rights and duties that international law prescribes for the two
States.
Article 15
The right of
each State to protect itself and to live its own life does not authorize it to
commit unjust acts against another State.
Article 16
The
jurisdiction of States within the limits of their national territory is
exercised equally over all the inhabitants, whether nationals or aliens.
Article 17
Each State has
the right to develop its cultural, political, and economic life freely and
naturally. In this free development, the State shall respect the rights of the
individual and the principles of universal morality.
Article 18
Respect for
and the faithful observance of treaties constitute standards for the
development of peaceful relations among States. International treaties and
agreements should be public.
Article 19
No State or
group of States has the right to intervene, directly or indirectly, for any
reason whatever, in the internal or external affairs of any other State. The
foregoing principle prohibits not only armed force but also any other form of
interference or attempted threat against the personality of the State or
against its political, economic, and cultural elements.
Article 20
No State may
use or encourage the use of coercive measures of an economic or political
character in order to force the sovereign will of another State and obtain
from it advantages of any kind.
Article 21
The territory
of a State is inviolable; it may not be the object, even temporarily, of
military occupation or of other measures of force taken by another State,
directly or indirectly, on any grounds whatever. No territorial acquisitions
or special advantages obtained either by force or by other means of coercion
shall be recognized.
Article 22
The American
States bind themselves in their international relations not to have recourse
to the use of force, except in the case of selfdefense in accordance with
existing treaties or in fulfillment thereof.
Article 23
Measures
adopted for the maintenance of peace and security in accordance with existing
treaties do not constitute a violation of the principles set forth in Articles
19 and 21.
Chapter V
PACIFIC SETTLEMENT OF DISPUTES
Article 24
International
disputes between Member States shall be submitted to the peaceful procedures
set forth in this Charter.
This provision
shall not be interpreted as an impairment of the rights and obligations of the
Member States under Articles 34 and 35 of the Charter of the United Nations.
Article 25
The following
are peaceful procedures: direct negotiation, good offices, mediation,
investigation and conciliation, judicial settlement, arbitration, and those
which the parties to the dispute may especially agree upon at any time.
Article 26
In the event
that a dispute arises between two or more American States which, in the
opinion of one of them, cannot be settled through the usual diplomatic
channels, the parties shall agree on some other peaceful procedure that will
enable them to reach a solution.
Article 27
A
special treaty will establish adequate means for the settlement of disputes
and will determine pertinent procedures for each peaceful means such that no
dispute between American States may remain without definitive settlement
within a reasonable period of time.
Chapter VI
COLLECTIVE SECURITY
Article 28
Every act of
aggression by a State against the territorial integrity or the inviolability
of the territory or against the sovereignty or political independence of an
American State shall be considered an act of aggression against the other
American States.
Article 29
If
the inviolability or the integrity of the territory or the sovereignty or
political independence of any American State should be affected by an armed
attack or by an act of aggression that is not an armed attack, or by an
extracontinental conflict, or by a conflict between two or more American
States, or by any other fact or situation that might endanger the peace of
America, the American States, in furtherance of the principles of continental
solidarity or collective selfdefense, shall apply the measures and
procedures established in the special treaties on the subject.
Chapter VII
INTEGRAL DEVELOPMENT
Article 30
The Member
States, inspired by the principles of interAmerican solidarity and
cooperation, pledge themselves to a united effort to ensure international
social justice in their relations and integral development for their peoples,
as conditions essential to peace and security. Integral development
encompasses the economic, social, educational, cultural, scientific, and
technological fields through which the goals that each country sets for
accomplishing it should be achieved.
Article 31
Inter-American
cooperation for integral development is the common and joint responsibility of
the Member States, within the framework of the democratic principles and the
institutions of the interAmerican system. It should include the economic,
social, educational, cultural, scientific, and technological fields, support
the achievement of national objectives of the Member States, and respect the
priorities established by each country in its development plans, without
political ties or conditions.
Article 32
Inter-American
cooperation for integral development should be continuous and preferably
channeled through multilateral organizations, without prejudice to bilateral
cooperation between Member States.
The Member States
shall contribute to inter-American cooperation for integral development in
accordance with their resources and capabilities and in conformity with their
laws.
Article 33
Development is
a primary responsibility of each country and should constitute an integral and
continuous process for the establishment of a more just economic and social
order that will make possible and contribute to the fulfillment of the
individual.
Article 34
The Member
States agree that equality of opportunity, the elimination of extreme poverty,
equitable distribution of wealth and income and the full participation of
their peoples in decisions relating to their own development are, among
others, basic objectives of integral development. To achieve them, they
likewise agree to devote their utmost efforts to accomplishing the following
basic goals:
a) Substantial and
self-sustained increase of per capita national product;
b) Equitable
distribution of national income;
c) Adequate and
equitable systems of taxation;
d) Modernization of
rural life and reforms leading to equitable and efficient land-tenure systems,
increased agricultural productivity, expanded use of land, diversification of
production and improved processing and marketing systems for agricultural
products; and the strengthening and expansion of the means to attain these
ends;
e) Accelerated and
diversified industrialization, especially of capital and intermediate goods;
f) Stability of
domestic price levels, compatible with sustained economic development and the
attainment of social justice;
g) Fair wages,
employment opportunities, and acceptable working conditions for all;
h) Rapid
eradication of illiteracy and expansion of educational opportunities for all;
i) Protection of
man's potential through the extension and application of modern medical
science;
j) Proper
nutrition, especially through the acceleration of national efforts to increase
the production and availability of food;
k) Adequate housing
for all sectors of the population;
l) Urban conditions
that offer the opportunity for a healthful, productive, and full life;
m) Promotion of
private initiative and investment in harmony with action in the public sector;
and
n) Expansion and
diversification of exports.
Article 35
The Member
States should refrain from practicing policies and adopting actions or
measures that have serious adverse effects on the development of other Member
States.
Article 36
Transnational
enterprises and foreign private investment shall be subject to the legislation
of the host countries and to the jurisdiction of their competent courts and to
the international treaties and agreements to which said countries are parties,
and should conform to the development policies of the recipient countries.
Article 37
The Member
States agree to join together in seeking a solution to urgent or critical
problems that may arise whenever the economic development or stability of any
Member State is seriously affected by conditions that cannot be remedied
through the efforts of that State.
Article 38
The Member
States shall extend among themselves the benefits of science and technology by
encouraging the exchange and utilization of scientific and technical knowledge
in accordance with existing treaties and national laws.
Article 39
The Member
States, recognizing the close interdependence between foreign trade and
economic and social development, should make individual and united efforts to
bring about the following:
a) Favorable
conditions of access to world markets for the products of the developing
countries of the region, particularly through the reduction or elimination, by
importing countries, of tariff and nontariff barriers that affect the exports
of the Member States of the Organization, except when such barriers are
applied in order to diversify the economic structure, to speed up the
development of the lessdeveloped Member States, and intensify their process
of economic integration, or when they are related to national security or to
the needs of economic balance;
b) Continuity in
their economic and social development by means of:
i.
Improved conditions for trade in basic commodities through international
agreements, where appropriate; orderly marketing procedures that avoid the
disruption of markets, and other measures designed to promote the expansion of
markets and to obtain dependable incomes for producers, adequate and
dependable supplies for consumers, and stable prices that are both
remunerative to producers and fair to consumers;
ii.
Improved international financial cooperation and the adoption of other means
for lessening the adverse impact of sharp fluctuations in export earnings
experienced by the countries exporting basic commodities;
iii.
Diversification of exports and expansion of export opportunities for
manufactured and semimanufactured products from the developing countries; and
iv.
Conditions conducive to increasing the real export earnings of the Member
States, particularly the developing countries of the region, and to increasing
their participation in international trade.
Article 40
The Member
States reaffirm the principle that when the more developed countries grant
concessions in international trade agreements that lower or eliminate tariffs
or other barriers to foreign trade so that they benefit the lessdeveloped
countries, they should not expect reciprocal concessions from those countries
that are incompatible with their economic development, financial, and trade
needs.
Article 41
The Member
States, in order to accelerate their economic development, regional
integration, and the expansion and improvement of the conditions of their
commerce, shall promote improvement and coordination of transportation and
communication in the developing countries and among the Member States.
Article 42
The Member States recognize that integration
of the developing countries of the Hemisphere is one of the objectives of the
inter-American system and, therefore, shall orient their efforts and take the
necessary measures to accelerate the integration process, with a view to
establishing a Latin American common market in the shortest possible time.
Article 43
In order to
strengthen and accelerate integration in all its aspects, the Member States
agree to give adequate priority to the preparation and carrying out of
multinational projects and to their financing, as well as to encourage
economic and financial institutions of the interAmerican system to continue
giving their broadest support to regional integration institutions and
programs.
Article 44
The Member
States agree that technical and financial cooperation that seeks to promote
regional economic integration should be based on the principle of harmonious,
balanced, and efficient development, with particular attention to the
relatively less-developed countries, so that it may be a decisive factor that
will enable them to promote, with their own efforts, the improved development
of their infrastructure programs, new lines of production, and export
diversification.
Article 45
The Member
States, convinced that man can only achieve the full realization of his
aspirations within a just social order, along with economic development and
true peace, agree to dedicate every effort to the application of the following
principles and mechanisms:
a) All human beings, without distinction as to
race, sex, nationality, creed, or social condition, have a right to material
well-being and to their spiritual development, under circumstances of liberty,
dignity, equality of opportunity, and economic security;
b) Work is a right
and a social duty, it gives dignity to the one who performs it, and it should
be performed under conditions, including a system of fair wages, that ensure
life, health, and a decent standard of living for the worker and his family,
both during his working years and in his old age, or when any circumstance
deprives him of the possibility of working;
c) Employers and
workers, both rural and urban, have the right to associate themselves freely
for the defense and promotion of their interests, including the right to
collective bargaining and the workers' right to strike, and recognition of the
juridical personality of associations and the protection of their freedom and
independence, all in accordance with applicable laws;
d) Fair and
efficient systems and procedures for consultation and collaboration among the
sectors of production, with due regard for safeguarding the interests of the
entire society;
e) The operation of
systems of public administration, banking and credit, enterprise, and
distribution and sales, in such a way, in harmony with the private sector, as
to meet the requirements and interests of the community;
f) The
incorporation and increasing participation of the marginal sectors of the
population, in both rural and urban areas, in the economic, social, civic,
cultural, and political life of the nation, in order to achieve the full
integration of the national community, acceleration of the process of social
mobility, and the consolidation of the democratic system. The encouragement of
all efforts of popular promotion and cooperation that have as their purpose
the development and progress of the community;
g) Recognition of
the importance of the contribution of organizations such as labor unions,
cooperatives, and cultural, professional, business, neighborhood, and
community associations to the life of the society and to the development
process;
h) Development of
an efficient social security policy; and
i) Adequate
provision for all persons to have due legal aid in order to secure their
rights.
Article 46
The Member
States recognize that, in order to facilitate the process of Latin American
regional integration, it is necessary to harmonize the social legislation of
the developing countries, especially in the labor and social security fields,
so that the rights of the workers shall be equally protected, and they agree
to make the greatest efforts possible to achieve this goal.
Article 47
The Member
States will give primary importance within their development plans to the
encouragement of education, science, technology, and culture, oriented toward
the overall improvement of the individual, and as a foundation for democracy,
social justice, and progress.
Article 48
The Member
States will cooperate with one another to meet their educational needs, to
promote scientific research, and to encourage technological progress for their
integral development. They will consider themselves individually and jointly
bound to preserve and enrich the cultural heritage of the American peoples.
Article 49
The Member
States will exert the greatest efforts, in accordance with their
constitutional processes, to ensure the effective exercise of the right to
education, on the following bases:
a) Elementary
education, compulsory for children of school age, shall also be offered to all
others who can benefit from it. When provided by the State it shall be without
charge;
b) Middle-level
education shall be extended progressively to as much of the population as
possible, with a view to social improvement. It shall be diversified in such a
way that it meets the development needs of each country without prejudice to
providing a general education; and
c) Higher education
shall be available to all, provided that, in order to maintain its high level,
the corresponding regulatory or academic standards are met.
Article 50
The Member
States will give special attention to the eradication of illiteracy, will
strengthen adult and vocational education systems, and will ensure that the
benefits of culture will be available to the entire population. They will
promote the use of all information media to fulfill these aims.
Article 51
The Member
States will develop science and technology through educational, research, and
technological development activities and information and dissemination
programs. They will stimulate activities in the field of technology for the
purpose of adapting it to the needs of their integral development. They will
organize their cooperation in these fields efficiently and will substantially
increase exchange of knowledge, in accordance with national objectives and
laws and with treaties in force.
Article 52
The
Member States, with due respect for the individuality of each of them, agree
to promote cultural exchange as an effective means of consolidating
interAmerican understanding; and they recognize that regional integration
programs should be strengthened by close ties in the fields of education,
science, and culture.
PART TWO
THE ORGANS
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;
d) The
Inter-American Juridical Committee;
e) The
Inter-American Commission on Human Rights;
f) The General
Secretariat;
g) The Specialized
Conferences; and
h) The Specialized
Organizations.
There
may be established, in addition to those provided for in the Charter and in
accordance with the provisions thereof, such subsidiary organs, agencies, and
other entities as are considered necessary.
Chapter IX
THE GENERAL ASSEMBLY
Article 54
The General
Assembly is the supreme organ of the Organization of American States. It has
as its principal powers, in addition to such others as are assigned to it by
the Charter, the following:
a) To decide the
general action and policy of the Organization, determine the structure and
functions of its organs, and consider any matter relating to friendly
relations among the American States;
b) To establish
measures for coordinating the activities of the organs, agencies, and entities
of the Organization among themselves, and such activities with those of the
other institutions of the interAmerican system;
c) To strengthen
and coordinate cooperation with the United Nations and its specialized
agencies;
d) To promote
collaboration, especially in the economic, social, and cultural fields, with
other international organizations whose purposes are similar to those of the
Organization of American States;
e) To approve the
program-budget of the Organization and determine the quotas of the Member
States;
f) To consider the
reports of the Meeting of Consultation of Ministers of Foreign Affairs and the
observations and recommendations presented by the Permanent Council with
regard to the reports that should be presented by the other organs and
entities, in accordance with the provisions of Article 91.f, as well as the
reports of any organ which may be required by the General Assembly itself;
g) To adopt general
standards to govern the operations of the General Secretariat; and
h) To adopt its own
rules of procedure and, by a twothirds vote, its agenda.
The General
Assembly shall exercise its powers in accordance with the provisions of the
Charter and of other inter-American treaties.
Article 55
The General
Assembly shall establish the bases for fixing the quota that each Government
is to contribute to the maintenance of the Organization, taking into account
the ability to pay of the respective countries and their determination to
contribute in an equitable manner. Decisions on budgetary matters require the
approval of two thirds of the Member States.
Article 56
All Member
States have the right to be represented in the General Assembly. Each State
has the right to one vote.
Article 57
The General
Assembly shall convene annually during the period determined by the rules of
procedure and at a place selected in accordance with the principle of
rotation. At each regular session the date and place of the next regular
session shall be determined, in accordance with the rules of procedure.
If for any reason
the General Assembly cannot be held at the place chosen, it shall meet at the
General Secretariat, unless one of the Member States should make a timely
offer of a site in its territory, in which case the Permanent Council of the
Organization may agree that the General Assembly will meet in that place.
Article 58
In special
circumstances and with the approval of two thirds of the Member States, the
Permanent Council shall convoke a special session of the General Assembly.
Article 59
Decisions of
the General Assembly shall be adopted by the affirmative vote of an absolute
majority of the Member States, except in those cases that require a
twothirds vote as provided in the Charter or as may be provided by the
General Assembly in its rules of procedure.
Article 60
There shall be
a Preparatory Committee of the General Assembly, composed of representatives
of all the Member States, which shall:
a) Prepare the
draft agenda of each session of the General Assembly;
b) Review the
proposed program-budget and the draft resolution on quotas, and present to the
General Assembly a report thereon containing the recommendations it considers
appropriate; and
c) Carry out such
other functions as the General Assembly may assign to it.
The
draft agenda and the report shall, in due course, be transmitted to the
Governments of the Member States.
Chapter X
THE MEETING OF CONSULTATION OF
MINISTERS OF FOREIGN AFFAIRS
Article 61
The Meeting of
Consultation of Ministers of Foreign Affairs shall be held in order to
consider problems of an urgent nature and of common interest to the American
States, and to serve as the Organ of Consultation.
Article 62
Any Member
State may request that a Meeting of Consultation be called. The request shall
be addressed to the Permanent Council of the Organization, which shall decide
by an absolute majority whether a meeting should be held.
Article 63
The agenda and
regulations of the Meeting of Consultation shall be prepared by the Permanent
Council of the Organization and submitted to the Member States for
consideration.
Article 64
If, for
exceptional reasons, a Minister of Foreign Affairs is unable to attend the
meeting, he shall be represented by a special delegate.
Article 65
In case of an
armed attack on the territory of an American State or within the region of
security delimited by the treaty in force, the Chairman of the Permanent
Council shall without delay call a meeting of the Council to decide on the
convocation of the Meeting of Consultation, without prejudice to the
provisions of the Inter-American Treaty of Reciprocal Assistance with regard
to the States Parties to that instrument.
Article 66
An Advisory
Defense Committee shall be established to advise the Organ of Consultation on
problems of military cooperation that may arise in connection with the
application of existing special treaties on collective security.
Article 67
The Advisory
Defense Committee shall be composed of the highest military authorities of the
American States participating in the Meeting of Consultation. Under
exceptional circumstances the Governments may appoint substitutes. Each State
shall be entitled to one vote.
Article 68
The Advisory
Defense Committee shall be convoked under the same conditions as the Organ of
Consultation, when the latter deals with matters relating to defense against
aggression.
Article 69
The
Committee shall also meet when the General Assembly or the Meeting of
Consultation or the Governments, by a twothirds majority of the Member
States, assign to it technical studies or reports on specific subjects.
Chapter XI
THE COUNCILS OF THE ORGANIZATION
Common Provisions
Article 70
The Permanent
Council of the Organization and the Inter-American Council for Integral
Development are directly responsible to the General Assembly, and each has the
authority granted to it in the Charter and other inter-American instruments,
as well as the functions assigned to it by the General Assembly and the
Meeting of Consultation of Ministers of Foreign Affairs.
Article 71
All Member
States have the right to be represented on each of the Councils. Each State
has the right to one vote.
Article 72
The Councils
may, within the limits of the Charter and other interAmerican instruments,
make recommendations on matters within their authority.
Article 73
The Councils,
on matters within their respective competence, may present to the General
Assembly studies and proposals, drafts of international instruments, and
proposals on the holding of specialized conferences, on the creation,
modification, or elimination of specialized organizations and other
inter-American agencies, as well as on the coordination of their activities.
The Councils may also present studies, proposals, and drafts of international
instruments to the Specialized Conferences.
Article 74
Each Council
may, in urgent cases, convoke Specialized Conferences on matters within its
competence, after consulting with the Member States and without having to
resort to the procedure provided for in Article 122.
Article 75
The Councils,
to the extent of their ability, and with the cooperation of the General
Secretariat, shall render to the Governments such specialized services as the
latter may request.
Article 76
Each Council
has the authority to require the other Council, as well as the subsidiary
organs and agencies responsible to them, to provide it with information and
advisory services on matters within their respective spheres of competence.
The Councils may also request the same services from the other agencies of the
inter-American system.
Article 77
With the prior
approval of the General Assembly, the Councils may establish the subsidiary
organs and the agencies that they consider advisable for the better
performance of their duties. When the General Assembly is not in session, the
aforesaid organs or agencies may be established provisionally by the
corresponding Council. In constituting the membership of these bodies, the
Councils, insofar as possible, shall follow the criteria of rotation and
equitable geographic representation.
Article 78
The Councils
may hold meetings in any Member State, when they find it advisable and with
the prior consent of the Government concerned.
Article 79
Each
Council shall prepare its own statutes and submit them to the General Assembly
for approval. It shall approve its own rules of procedure and those of its
subsidiary organs, agencies, and committees.
Chapter XII
THE PERMANENT COUNCIL OF THE ORGANIZATION
Article 80
The Permanent
Council of the Organization is composed of one representative of each Member
State, especially appointed by the respective Government, with the rank of
ambassador. Each Government may accredit an acting representative, as well as
such alternates and advisers as it considers necessary.
Article 81
The office of
Chairman of the Permanent Council shall be held by each of the
representatives, in turn, following the alphabetic order in Spanish of the
names of their respective countries. The office of Vice Chairman shall be
filled in the same way, following reverse alphabetic order.
The Chairman and
the Vice Chairman shall hold office for a term of not more than six months,
which shall be determined by the statutes.
Article 82
Within the
limits of the Charter and of interAmerican treaties and agreements, the
Permanent Council takes cognizance of any matter referred to it by the General
Assembly or the Meeting of Consultation of Ministers of Foreign Affairs.
Article 83
The Permanent
Council shall serve provisionally as the Organ of Consultation in conformity
with the provisions of the special treaty on the subject.
Article 84
The Permanent
Council shall keep vigilance over the maintenance of friendly relations among
the Member States, and for that purpose shall effectively assist them in the
peaceful settlement of their disputes, in accordance with the following
provisions.
Article 85
In accordance
with the provisions of this Charter, any party to a dispute in which none of
the peaceful procedures provided for in the Charter is under way may resort to
the Permanent Council to obtain its good offices. The Council, following the
provisions of the preceding article, shall assist the parties and recommend
the procedures it considers suitable for peaceful settlement of the dispute.
Article 86
In the
exercise of its functions and with the consent of the parties to the dispute,
the Permanent Council may establish ad hoc committees.
The ad hoc
committees shall have the membership and the mandate that the Permanent
Council agrees upon in each individual case, with the consent of the parties
to the dispute.
Article 87
The Permanent
Council may also, by such means as it deems advisable, investigate the facts
in the dispute, and may do so in the territory of any of the parties, with the
consent of the Government concerned.
Article 88
If the
procedure for peaceful settlement of disputes recommended by the Permanent
Council or suggested by the pertinent ad hoc committee under the terms of its
mandate is not accepted by one of the parties, or one of the parties declares
that the procedure has not settled the dispute, the Permanent Council shall so
inform the General Assembly, without prejudice to its taking steps to secure
agreement between the parties or to restore relations between them.
Article 89
The Permanent
Council, in the exercise of these functions, shall take its decisions by an
affirmative vote of two thirds of its Members, excluding the parties to the
dispute, except for such decisions as the rules of procedure provide shall be
adopted by a simple majority.
Article 90
In performing
their functions with respect to the peaceful settlement of disputes, the
Permanent Council and the respective ad hoc committee shall observe the
provisions of the Charter and the principles and standards of international
law, as well as take into account the existence of treaties in force between
the parties.
Article 91
The Permanent
Council shall also:
a) 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;
b) Watch over the
observance of the standards governing the operation of the General Secretariat
and, when the General Assembly is not in session, adopt provisions of a
regulatory nature that enable the General Secretariat to carry out its
administrative functions;
c) Act as the
Preparatory Committee of the General Assembly, in accordance with the terms of
Article 60 of the Charter, unless the General Assembly should decide
otherwise;
d) 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. These draft agreements shall be submitted to the
General Assembly for approval;
e) Submit
recommendations to the General Assembly with regard to the functioning of the
Organization and the coordination of its subsidiary organs, agencies, and
committees;
f) Consider the
reports of the Inter-American Council for Integral Development, of the
Inter-American Juridical Committee, of the InterAmerican Commission on Human
Rights, of the General Secretariat, of specialized agencies and conferences,
and of other bodies and agencies, and present to the General Assembly any
observations and recommendations it deems necessary; and
g) Perform the
other functions assigned to it in the Charter.
Article 92
The
Permanent Council and the General Secretariat shall have the same seat.
Chapter XIII
THE INTER-AMERICAN COUNCIL FOR INTEGRAL DEVELOPMENT
Article 93
The
Inter-American Council for Integral Development is composed of one principal
representative, of ministerial or equivalent rank, for each Member State,
especially appointed by the respective Government.
In keeping with
the provisions of the Charter, the Inter-American Council for Integral
Development may establish the subsidiary bodies and the agencies that it
considers advisable for the better performance of its duties.
Article 94
The purpose of
the Inter-American Council for Integral Development is to promote cooperation
among the American States for the purpose of achieving integral development
and, in particular, helping to eliminate extreme poverty, in accordance with
the standards of the Charter, especially those set forth in Chapter VII with
respect to the economic, social, educational, cultural, scientific, and
technological fields.
Article 95
In order to
achieve its various goals, especially in the specific area of technical
cooperation, the Inter-American Council for Integral Development shall:
a) Formulate and
recommend to the General Assembly a strategic plan which sets forth policies,
programs, and courses of action in matters of cooperation for integral
development, within the framework of the general policy and priorities defined
by the General Assembly;
b) Formulate
guidelines for the preparation of the program-budget for technical cooperation
and for the other activities of the Council;
c) Promote,
coordinate, and assign responsibility for the execution of development
programs and projects to the subsidiary bodies and relevant organizations, on
the basis of the priorities identified by the Member States, in areas such as:
1)
Economic and social development, including trade, tourism, integration and the
environment;
2)
Improvement and extension of education to cover all levels, promotion of
scientific and technological research, through technical cooperation, and
support for cultural activities; and
3)
Strengthening of the civic conscience of the American peoples, as one of the
bases for the effective exercise of democracy and for the observance of the
rights and duties of man.
These ends shall
be furthered by sectoral participation mechanisms and other subsidiary bodies
and organizations established by the Charter and by other General Assembly
provisions.
d) Establish
cooperative relations with the corresponding bodies of the United Nations and
with other national and international agencies, especially with regard to
coordination of inter-American technical cooperation programs.
e) Periodically
evaluate cooperation activities for integral development, in terms of their
performance in the implementation of policies, programs, and projects, in
terms of their impact, effectiveness, efficiency, and use of resources, and in
terms of the quality, inter alia, of the technical cooperation services
provided; and report to the General Assembly.
Article 96
The
Inter-American Council for Integral Development shall hold at least one
meeting each year at the ministerial or equivalent level. It shall also have
the right to convene meetings at the same level for the specialized or
sectorial topics it considers relevant, within its province or sphere of
competence. It shall also meet when convoked by the General Assembly or the
Meeting of Consultation of Foreign Ministers, or on its own initiative, or for
the cases envisaged in Article 37 of the Charter.
Article 97
The
Inter-American Council for Integral Development shall have the nonpermanent
specialized committees which it decides to establish and which are required
for the proper performance of its functions. Those committees shall operate
and shall be composed as stipulated in the Statutes of the Council.
Article 98
The
execution and, if appropriate, the coordination, of approved projects shall be
entrusted to the Executive Secretariat for Integral Development, which shall
report on the results of that execution to the Council.
Chapter XIV
THE INTER-AMERICAN JURIDICAL COMMITTEE
Article 99
The purpose of
the Inter-American Juridical Committee is to serve the Organization as an
advisory body on juridical matters; to promote the progressive development and
the codification of international law; and to study juridical problems related
to the integration of the developing countries of the Hemisphere and, insofar
as may appear desirable, the possibility of attaining uniformity in their
legislation.
Article 100
The
Inter-American Juridical Committee shall undertake the studies and preparatory
work assigned to it by the General Assembly, the Meeting of Consultation of
Ministers of Foreign Affairs, or the Councils of the Organization. It may
also, on its own initiative, undertake such studies and preparatory work as it
considers advisable, and suggest the holding of specialized juridical
conferences.
Article 101
The
Inter-American Juridical Committee shall be composed of eleven jurists,
nationals of Member States, elected by the General Assembly for a period of
four years from panels of three candidates presented by Member States. In the
election, a system shall be used that takes into account partial replacement
of membership and, insofar as possible, equitable geographic representation.
No two Members of the Committee may be nationals of the same State.
Vacancies that
occur for reasons other than normal expiration of the terms of office of the
Members of the Committee shall be filled by the Permanent Council of the
Organization in accordance with the criteria set forth in the preceding
paragraph.
Article 102
The
Inter-American Juridical Committee represents all of the Member States of the
Organization, and has the broadest possible technical autonomy.
Article 103
The
Inter-American Juridical Committee shall establish cooperative relations with
universities, institutes, and other teaching centers, as well as with national
and international committees and entities devoted to study, research,
teaching, or dissemination of information on juridical matters of
international interest.
Article 104
The
Inter-American Juridical Committee shall draft its statutes, which shall be
submitted to the General Assembly for approval.
The Committee
shall adopt its own rules of procedure.
Article 105
The
seat of the Inter-American Juridical Committee shall be the city of Rio de
Janeiro, but in special cases the Committee may meet at any other place that
may be designated, after consultation with the Member State concerned.
Chapter XV
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Article 106
There shall be
an Inter-American Commission on Human Rights, whose principal function shall
be to promote the observance and protection of human rights and to serve as a
consultative organ of the Organization in these matters.
An
inter-American convention on human rights shall determine the structure,
competence, and procedure of this Commission, as well as those of other organs
responsible for these matters.
Chapter XVI
THE GENERAL SECRETARIAT
Article 107
The General
Secretariat is the central and permanent organ of the Organization of American
States. It shall perform the functions assigned to it in the Charter, in other
inter-American treaties and agreements, and by the General Assembly, and shall
carry out the duties entrusted to it by the General Assembly, the Meeting of
Consultation of Ministers of Foreign Affairs, or the Councils.
Article 108
The Secretary
General of the Organization shall be elected by the General Assembly for a
five-year term and may not be reelected more than once or succeeded by a
person of the same nationality. In the event that the office of Secretary
General becomes vacant, the Assistant Secretary General shall assume his
duties until the General Assembly shall elect a new Secretary General for a
full term.
Article 109
The Secretary
General shall direct the General Secretariat, be the legal representative
thereof, and, notwithstanding the provisions of Article 91.b, be responsible
to the General Assembly for the proper fulfillment of the obligations and
functions of the General Secretariat.
Article 110
The Secretary
General, or his representative, may participate with voice but without vote in
all meetings of the Organization.
The Secretary
General may bring to the attention of the General Assembly or the Permanent
Council any matter which in his opinion might threaten the peace and security
of the Hemisphere or the development of the Member States.
The authority to
which the preceding paragraph refers shall be exercised in accordance with the
present Charter.
Article 111
The General
Secretariat shall promote economic, social, juridical, educational,
scientific, and cultural relations among all the Member States of the
Organization, with special emphasis on cooperation for the elimination of
extreme poverty, in keeping with the actions and policies decided upon by the
General Assembly and with the pertinent decisions of the Councils.
Article 112
The General
Secretariat shall also perform the following functions:
a) Transmit ex
officio to the Member States notice of the convocation of the General
Assembly, the Meeting of Consultation of Ministers of Foreign Affairs, the
Inter-American Council for Integral Development, and the Specialized
Conferences;
b) Advise the other
organs, when appropriate, in the preparation of agenda and rules of procedure;
c) Prepare the
proposed program-budget of the Organization on the basis of programs adopted
by the Councils, agencies, and entities whose expenses should be included in
the program-budget and, after consultation with the Councils or their
permanent committees, submit it to the Preparatory Committee of the General
Assembly and then to the Assembly itself;
d) Provide, on a
permanent basis, adequate secretariat services for the General Assembly and
the other organs, and carry out their directives and assignments. To the
extent of its ability, provide services for the other meetings of the
Organization;
e) Serve as
custodian of the documents and archives of the interAmerican Conferences,
the General Assembly, the Meetings of Consultation of Ministers of Foreign
Affairs, the Councils, and the Specialized Conferences;
f) Serve as
depository of inter-American treaties and agreements, as well as of the
instruments of ratification thereof;
g) Submit to the
General Assembly at each regular session an annual report on the activities of
the Organization and its financial condition; and
h) Establish
relations of cooperation, in accordance with decisions reached by the General
Assembly or the Councils, with the Specialized Organizations as well as other
national and international organizations.
Article 113
The Secretary
General shall:
a) Establish such
offices of the General Secretariat as are necessary to accomplish its
purposes; and
b) Determine the
number of officers and employees of the General Secretariat, appoint them,
regulate their powers and duties, and fix their remuneration.
The Secretary
General shall exercise this authority in accordance with such general
standards and budgetary provisions as may be established by the General
Assembly.
Article 114
The Assistant
Secretary General shall be elected by the General Assembly for a fiveyear
term and may not be reelected more than once or succeeded by a person of the
same nationality. In the event that the office of Assistant Secretary General
becomes vacant, the Permanent Council shall elect a substitute to hold that
office until the General Assembly shall elect a new Assistant Secretary
General for a full term.
Article 115
The Assistant
Secretary General shall be the Secretary of the Permanent Council. He shall
serve as advisory officer to the Secretary General and shall act as his
delegate in all matters that the Secretary General may entrust to him. During
the temporary absence or disability of the Secretary General, the Assistant
Secretary General shall perform his functions.
The Secretary
General and the Assistant Secretary General shall be of different
nationalities.
Article 116
The General
Assembly, by a two-thirds vote of the Member States, may remove the Secretary
General or the Assistant Secretary General, or both, whenever the proper
functioning of the Organization so demands.
Article 117
The Secretary
General shall appoint, with the approval of the Inter-American Council for
Integral Development, an Executive Secretary for Integral Development.
Article 118
In the
performance of their duties, the Secretary General and the personnel of the
Secretariat shall not seek or receive instructions from any Government or from
any authority outside the Organization, and shall refrain from any action that
may be incompatible with their position as international officers responsible
only to the Organization
Article 119
The Member
States pledge themselves to respect the exclusively international character of
the responsibilities of the Secretary General and the personnel of the General
Secretariat, and not to seek to influence them in the discharge of their
duties.
Article 120
In selecting the
personnel of the General Secretariat, first consideration shall be given to
efficiency, competence, and integrity; but at the same time, in the
recruitment of personnel of all ranks, importance shall be given to the
necessity of obtaining as wide a geographic representation as possible.
Article 121
The
seat of the General Secretariat is the city of Washington, D.C.
Chapter XVII
THE SPECIALIZED CONFERENCES
Article 122
The
Specialized Conferences are intergovernmental meetings to deal with special
technical matters or to develop specific aspects of interAmerican
cooperation. They shall be held when either the General Assembly or the
Meeting of Consultation of Ministers of Foreign Affairs so decides, on its own
initiative or at the request of one of the Councils or Specialized
Organizations.
Article 123
The
agenda and rules of procedure of the Specialized Conferences shall be prepared
by the Councils or Specialized Organizations concerned and shall be submitted
to the Governments of the Member States for consideration.
Chapter XVIII
THE SPECIALIZED ORGANIZATIONS
Article 124
For the
purposes of the present Charter, InterAmerican Specialized Organizations are
the intergovernmental organizations established by multilateral agreements and
having specific functions with respect to technical matters of common interest
to the American States.
Article 125
The General
Secretariat shall maintain a register of the organizations that fulfill the
conditions set forth in the foregoing Article, as determined by the General
Assembly after a report from the Council concerned.
Article 126
The
Specialized Organizations shall enjoy the fullest technical autonomy, but they
shall take into account the recommendations of the General Assembly and of the
Councils, in accordance with the provisions of the Charter.
Article 127
The
Specialized Organizations shall transmit to the General Assembly annual
reports on the progress of their work and on their annual budgets and
expenses.
Article 128
Relations that
should exist between the Specialized Organizations and the Organization shall
be defined by means of agreements concluded between each organization and the
Secretary General, with the authorization of the General Assembly.
Article 129
The
Specialized Organizations shall establish cooperative relations with world
agencies of the same character in order to coordinate their activities. In
concluding agreements with international agencies of a worldwide character,
the Inter-American Specialized Organizations shall preserve their identity and
their status as integral parts of the Organization of American States, even
when they perform regional functions of international agencies.
Article 130
In
determining the location of the Specialized Organizations consideration shall
be given to the interest of all of the Member States and to the desirability
of selecting the seats of these organizations on the basis of a geographic
representation as equitable as possible.
PART THREE
Chapter XIX
THE UNITED NATIONS
Article 131
None
of the provisions of this Charter shall be construed as impairing the rights
and obligations of the Member States under the Charter of the United Nations.
Chapter XX
MISCELLANEOUS PROVISIONS
Article 132
Attendance at
meetings of the permanent organs of the Organization of American States or at
the conferences and meetings provided for in the Charter, or held under the
auspices of the Organization, shall be in accordance with the multilateral
character of the aforesaid organs, conferences, and meetings and shall not
depend on the bilateral relations between the Government of any Member State
and the Government of the host country.
Article 133
The
Organization of American States shall enjoy in the territory of each Member
such legal capacity, privileges, and immunities as are necessary for the
exercise of its functions and the accomplishment of its purposes.
Article 134
The
representatives of the Member States on the organs of the Organization, the
personnel of their delegations, as well as the Secretary General and the
Assistant Secretary General shall enjoy the privileges and immunities
corresponding to their positions and necessary for the independent performance
of their duties.
Article 135
The juridical
status of the Specialized Organizations and the privileges and immunities that
should be granted to them and to their personnel, as well as to the officials
of the General Secretariat, shall be determined in a multilateral agreement.
The foregoing shall not preclude, when it is considered necessary, the
concluding of bilateral agreements.
Article 136
Correspondence
of the Organization of American States, including printed matter and parcels,
bearing the frank thereof, shall be carried free of charge in the mails of the
Member States.
Article 137
The
Organization of American States does not allow any restriction based on race,
creed, or sex, with respect to eligibility to participate in the activities of
the Organization and to hold positions therein.
Article 138
Within
the provisions of this Charter, the competent organs shall endeavor to obtain
greater collaboration from countries not Members of the Organization in the
area of cooperation for development.
Chapter XXI
RATIFICATION AND ENTRY INTO FORCE
Article 139
The present
Charter shall remain open for signature by the American States and shall be
ratified in accordance with their respective constitutional procedures. The
original instrument, the Spanish, English, Portuguese, and French texts of
which are equally authentic, shall be deposited with the General Secretariat,
which shall transmit certified copies thereof to the Governments for purposes
of ratification. The instruments of ratification shall be deposited with the
General Secretariat, which shall notify the signatory States of such deposit.
Article 140
The present
Charter shall enter into force among the ratifying States when two thirds of
the signatory States have deposited their ratifications. It shall enter into
force with respect to the remaining States in the order in which they deposit
their ratifications.
Article 141
The present
Charter shall be registered with the Secretariat of the United Nations through
the General Secretariat.
Article 142
Amendments to
the present Charter may be adopted only at a General Assembly convened for
that purpose. Amendments shall enter into force in accordance with the terms
and the procedure set forth in Article 140.
Article 143
The
present Charter shall remain in force indefinitely, but may be denounced by
any Member State upon written notification to the General Secretariat, which
shall communicate to all the others each notice of denunciation received.
After two years from the date on which the General Secretariat receives a
notice of denunciation, the present Charter shall cease to be in force with
respect to the denouncing State, which shall cease to belong to the
Organization after it has fulfilled the obligations arising from the present
Charter.
Chapter XXII
TRANSITORY PROVISIONS
Article 144
The
Inter-American Committee on the Alliance for Progress shall act as the
permanent executive committee of the Inter-American Economic and Social
Council as long as the Alliance is in operation.
Article 145
Until the
inter-American convention on human rights, referred to in Chapter XV, enters
into force, the present InterAmerican Commission on Human Rights shall keep
vigilance over the observance of human rights.
Article 146
The Permanent
Council shall not make any recommendation nor shall the General Assembly take
any decision with respect to a request for admission on the part of a
political entity whose territory became subject, in whole or in part, prior to
December 18, 1964, the date set by the First Special Inter-American
Conference, to litigation or claim between an extracontinental country and one
or more Member States of the Organization, until the dispute has been ended by
some peaceful procedure. This article shall remain in effect until December
10, 1990.
* Signed in Bogotá in 1948 and amended by
the Protocol of Buenos Aires in 1967, by the Protocol of Cartagena de Indias
in 1985, by the Protocol of Washington in 1992, and by the Protocol of Managua
in 1993.
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