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Chapter
VIII 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
inter-American 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 two-thirds 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 two-thirds 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 two-thirds 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
inter-American 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 inter‑American
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
Inter-American 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. |
