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OEA/Ser.G
CP/RES. 908 (1567/06)
26 October 2006
Original: Spanish
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CP/RES. 908 (1567/06)
HEMISPHERIC PLAN OF ACTION AGAINST
TRANSNATIONAL ORGANIZED CRIME
(Adopted at the meeting of October 25, 2006)
THE PERMANENT COUNCIL OF
THE ORGANIZATION OF AMERICAN STATES,
CONSIDERING:
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 therefore renewed their commitment to
fighting it by strengthening the domestic legal framework, the rule of
law, and multilateral cooperation, while respecting the sovereignty of
each state;
That the United Nations Convention against Transnational Organized Crime
and the three Protocols thereto: the Protocol against the Smuggling of
Migrants by Land, Sea and Air, the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, and the
Protocol against the Illicit Manufacturing of and Trafficking in
Firearms, Their Parts and Components and Ammunition, make up the
international legal framework for fighting transnational organized
crime; and
That the General Assembly, in resolution AG/RES. 2116 (XXXV-O/05),
“Fighting Transnational Organized Crime in the Hemisphere,” established
a Special Committee on Transnational Organized Crime (CEDOT), under the
Permanent Council, as a means of drafting the plan of action against
such crime, using the United Nations Convention against Transnational
Organized Crime (Palermo Convention) and the Protocols thereto as a
reference point;
GRATIFIED at the conclusion of the work of the CEDOT and the preparation
of the Hemispheric Plan of Action against Transnational Organized Crime;
WELCOMING the report of the CEDOT (CE/DOT-56/06), which introduces this
resolution and the Hemispheric Plan of Action;
BEARING IN MIND that the General Assembly, in its resolution AG/RES.
2189 (XXXVI-O/06), “Fighting Transnational Organized Crime in the
Hemisphere,” authorized the Permanent Council to adopt the Hemispheric
Plan of Action once the work of the Special Committee had been
completed; and
NOTING WITH SATISFACTION the offer by the Government of Mexico to host
the first meeting of the Technical Group on Transnational Organized
Crime, which was proposed in the Hemispheric Plan of Action and will
consider matters related to its implementation,
RESOLVES:
1. To adopt the Hemispheric Plan of Action against Transnational
Organized Crime, which is attached to this resolution.
2. To transmit the Hemispheric Plan of Action against Transnational
Organized Crime to the member states and to instruct the General
Secretariat to take the necessary action to implement those aspects of
the Hemispheric Plan of Action that are entrusted to it.
3. To transmit this resolution and the Hemispheric Plan of Action
against Transnational Organized Crime to the Committee on Hemispheric
Security, to the next Meeting of Ministers of Justice or of Ministers or
Attorneys General of the Americas, and to the United Nations Office on
Drugs and Crime.
4. To accept with gratitude the generous offer by the Government of
Mexico to host the first meeting of the Technical Group on Transnational
Organized Crime.
5. To instruct the Technical Group to review the Hemispheric Plan of
Action against Transnational Organized Crime two years after its
adoption to ensure its continued effectiveness, and to propose, through
the Committee on Hemispheric Security, any revisions for the Permanent
Council’s approval.
6. To declare that the work of the Special Committee on Transnational
Organized Crime has been completed and to submit this resolution to the
General Assembly at its thirty-seventh regular session for its
information.
APPENDIX
HEMISPHERIC PLAN OF ACTION AGAINST
TRANSNATIONAL ORGANIZED CRIME
The principal objective of this Hemispheric Plan of Action is to promote
the application by the OAS member states of the United Nations
Convention against Transnational Organized Crime (Palermo Convention)
and the Protocols thereto: the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children; the Protocol
Against the Smuggling of Migrants by Land, Air and Sea; and the Protocol
Against the Illicit Manufacturing of and Trafficking in Firearms, Their
Parts and Components and Ammunition.
1 y 2
[1] 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. Colombia, in keeping with the Vienna Convention on the Law
of Treaties, took the sovereign decision not to ratify the Protocol
against the Illicit Manufacturing of and Trafficking in Firearms, Their
Parts and Components and Ammunition and 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. The definition of “illicit
trafficking” contained in Article 3, section (e), of the Protocol must
be borne in mind: it states that a transfer is lawful only with the
authorization of all the states parties involved. 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 of arms
transfers to non-state actors. Colombia does not accept the exclusion
from the protocol’s control measures of certain arms transfers, such as
transfers to non-state actors, which, in our view, constitute a serious
crime, and transfers among states. With reference to the Protocol
against the Smuggling of Migrants by Land, Sea and Air, Colombia
considers it to contain 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 organized
criminal gangs, not migrants.
. [2]The Bolivarian Republic of Venezuela considers transnational
organized crime (TOC) to be a social phenomenon stemming from diverse
sources. It cannot be addressed as a purely criminal matter; it must be
dealt with as a multidimensional problem. This Plan of Action does not
reflect the relationship between transnational organized crime and
social problems that may contribute to its emergence, such as poverty,
inequity, and social exclusion. Accordingly, the Bolivarian Republic of
Venezuela believes that preventing, controlling, and fighting
transnational organized crime effectively in the Hemisphere requires,
inter alia, strengthening our countries’ commitment to broadening and
improving programs and initiatives to fight and reduce poverty,
inequity, and social exclusion.
I. GENERAL OBJECTIVES
The general objectives of the Hemispheric Plan of Action are to urge
member states to:
1. Prevent and combat transnational organized crime, in full observance
of human rights, using as a frame of reference the Palermo Convention
and the three additional Protocols thereto. This shall be done in
accordance with the principles of sovereign equality and territorial
integrity of states and of nonintervention in the internal affairs of
other states;
2. Enhance cooperation in the areas of prevention, investigation,
prosecution of, and judicial decisions related to, transnational
organized crime;
3. Encourage coordination among OAS bodies responsible for issues
related to combating transnational organized crime and cooperation among
those bodies with the United Nations Office on Drugs and Crime (UNODC);
and
4. Strengthen national, subregional and regional capacities and
capabilities to deal with transnational organized crime.
II. ACTIONS
In order to achieve the general objectives, member states, consistent
with their respective laws and legal systems, should consider:
1. National strategies against transnational organized crime
a. Taking a comprehensive approach to preventing and fighting
transnational organized crime, with the participation of all
institutions having responsibilities in this area;
b. Strengthening the ability of public institutions to fight
transnational organized crime effectively and promote cooperation and
the exchange of experiences among states;
c. Recognizing the fundamental role of education in contributing to a
culture of respect for human rights and democratic values;
d. Continuing to review, when appropriate, national policies and laws in
order to improve cooperation in areas such as mutual legal assistance,
extradition, and, when applicable, deportation to the country of origin;
3
e. Adopting and implementing appropriate legislative measures to combat
transnational organized crime;
. [3]Plan of Action
of Quebec City, Third Summit of the Americas.
f. Exchanging and using,
as appropriate, evidence lawfully obtained through special investigative
techniques in order to prosecute crimes related to transnational
organized crime;
g. Pursuing, prosecuting, and appropriately punishing perpetrators of
transnational organized crime;
h. Seeking to ensure, when possible, the collection and dissemination of
statistical data that make it possible to measure the scope of the
problem of transnational organized crime and its incidence with respect
to overall crime in the country; and
i. Where applicable, adapting domestic law to the Palermo Convention,
taking into account the legislative guidelines adopted by UNODC.
2. Legal instruments
a. Urging those member states that have not yet done so to consider
signing, ratifying, and/or acceding to, as the case may be, the
following international agreements:
i. United Nations Convention against Transnational Organized Crime
(Palermo Convention);
ii. Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children;
iii. Protocol against the Smuggling of Migrants by Land, Sea and Air;
iv. Protocol against the Illicit Manufacturing of and Trafficking in
Firearms, Their Parts and Components and Ammunition;
v. UN Single Convention on Narcotic Drugs (1961), amended by its 1972
protocol;
vi. UN Convention on Psychotropic Substances (1971);
vii. United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (1988);
viii. Inter-American Convention against the Illicit Manufacturing of and
Trafficking in Firearms, Ammunition, Explosives, and Other Related
Materials (CIFTA);
ix. United Nations Convention against Corruption;
x. Inter-American Convention against Corruption; and
xi. Inter-American Convention on Mutual Legal Assistance in Criminal
Matters.
b. Signing bilateral agreements or arrangements, when appropriate, for
effective implementation of the Palermo Convention and the Protocols
thereto, thereby complementing the actions envisaged in this Hemispheric
Plan of Action.
3. Law enforcement matters
a. Adopting and implementing procedural, legal, and operational
mechanisms for the protection of witnesses, in accordance with Article
24 of the Palermo Convention;
b. Strengthening, within available means, measures to ensure the
security, control, and integrity of travel or identity documents so that
they cannot be easily misused, falsified, or altered; and
c. Actively promoting the adoption and use of special investigative
techniques and, when appropriate, coordinating their use with other
member states to combat transnational organized crime, in accordance
with the fundamental principles of their respective legal systems, as
well as with the Palermo Convention.
4. Training
a. Requesting the General Secretariat to make recommendations on
training, technical assistance, and capacity-building to the technical
group on transnational organized crime, referred to in Section III, as
may be required to advance the goals of this Hemispheric Plan of Action;
b. Developing and/or supporting specific training programs–bilateral,
multilateral, subregional, and regional–which further the goals of this
Hemispheric Plan of Action;
c. Requesting the General Secretariat to organize conferences and
seminars to enhance existing capabilities to prevent, investigate, and
prosecute transnational organized crime; and
d. Exchanging experiences and best practices of relevant institutions in
member states in the fight against transnational organized crime,
including the use of technology for this purpose.
5. Information-sharing
a. Requesting the General Secretariat to maintain an updated list of
national points of contact based on information provided by member
states;
b. Ensuring that their laws on transnational organized crime are
provided to existing OAS databases and recommending that the General
Secretariat ensure that such databases are easily accessible,
streamlined, and consolidated;
c. Enhancing the exchange of information, including real-time
operational information, among national institutions with similar
competence; maximizing the use of technology, particularly databases or
other technical mechanisms such as secure information systems; and
using, inter alia, INTERPOL and the OAS Network for Mutual Legal
Assistance in Criminal Matters and Extradition;
d. Urging member states that have not yet done so to respond to the
United Nations questionnaires for the Conference of Parties to the
Palermo Convention on the application of that Convention and the
Protocols thereto and to make those questionnaires available to the OAS
General Secretariat;
e. Strengthening the capacity of existing financial intelligence units
and other competent authorities, in accordance with the Financial Action
Task Force (FATF) recommendations and the Egmont Group principles on
information exchange, to ensure effective international cooperation to
combat money laundering; and
f. Actively promoting, when appropriate, the use of new communication
technologies such as videoconferencing and similar means to obtain
evidence.
6. International Cooperation and Assistance
a. Urging the General Secretariat, when appropriate, to obtain
cooperation and assistance from other states and international
organizations, including multilateral development banks and
international financial institutions, as well as the UNODC, for
effective implementation in the Hemisphere of the Palermo Convention and
the Protocols thereto and for the implementation of this Hemispheric
Plan of Action;
b. Requesting the General Secretariat to promote general cooperation
with other specialized international organizations and entities related
to the prevention of and fight against transnational organized crime and
to disseminate information about member states’ and OAS initiatives in
this area in order to obtain support for those initiatives;
c. Encouraging, where necessary, the development of cooperation
mechanisms among states in matters concerning comprehensive assistance
to victims of transnational organized crime;
d. Adopting, where appropriate and feasible, multilateral and/or
bilateral arrangements and/or agreements to foster mutual legal
assistance among member states;
e. Considering, in accordance with domestic laws and if bilateral
arrangements and agreements so permit, where feasible, the designation
of liaison officers in the embassies and/or consulates of member states
located in the Hemisphere to promote efficient and expeditious
cooperation in the prevention, investigation, and prosecution of
transnational organized crime;
f. Strengthening cooperation and technical assistance at various levels,
with special emphasis on developing countries in the Hemisphere, in
order to strengthen their capacities to prevent and combat transnational
organized crime; and
g. Promoting specific agreements and/or arrangements regarding the
seizure and forfeiture of the instrumentalities and proceeds of crime
and consider, when domestic law permits, the possibility of signing
agreements and/or arrangements regarding the distribution of money or
assets seized or forfeited, in accordance with the terms and criteria of
the Palermo Convention.
III. FOLLOW-UP TO THE HEMISPHERIC PLAN OF ACTION AGAINST TRANSNATIONAL
ORGANIZED CRIME
To strengthen and coordinate OAS efforts in fighting transnational
organized crime and to implement this Hemispheric Plan of Action, it is
recommended that:
1. The Meeting of Meeting of Ministers of Justice or of Ministers or
Attorneys General of the Americas (REMJA) and the organs, agencies, and
entities of the OAS competent in the matter continue to include the
fight against transnational organized crime on their agendas;
2. The Permanent Council, through the Committee on Hemispheric Security,
as established in the Declaration on Security in the Americas,
coordinate, from an integral perspective, the efforts of the
inter-American system in its fight against transnational organized crime
in accordance with the Palermo Convention and the Protocols thereto;
3. Each member state designate a point of contact to coordinate and
facilitate at the national level follow-up to this Hemispheric Plan of
Action;
4. A technical group be established on transnational organized crime
made up of national delegations as determined by each member state to
consider issues related to the implementation of this Hemispheric Plan
of Action;
5. In order to implement the Hemispheric Plan of Action, the General
Secretariat collaborate in the development of a work plan for the
technical group, to be evaluated and approved by the Permanent Council.
The technical group would be responsible for follow-up to the
Hemispheric Plan of Action and could propose to the member states for
their approval new multilateral cooperation initiatives for fighting
transnational organized crime; and
6. The General Secretariat convene regular meetings of all relevant OAS
bodies combating transnational organized crime (including the
Secretariat of the Inter-American Drug Abuse Control Commission - CICAD,
the Technical Secretariat of the Inter-American Convention against the
Illicit Manufacturing of and Trafficking in Firearms, Ammunition,
Explosives and other Related Materials - CIFTA, the Department of
International Legal Affairs, the Executive Secretariat of the
Inter-American Commission on Human Rights, the Permanent Secretariat of
the Inter-American Commission of Women, the Inter-American Children’s
Institute, the Executive Secretariat for Integral Development, and
others), and report to the Committee on Hemispheric Security on the
outcome of those meetings and of OAS efforts to fight transnational
organized crime. The General Secretariat will also facilitate
coordination and information-sharing with the national authorities
responsible for this area.
IV. FINANCING
To ensure that the General Secretariat has the resources necessary to
implement this Hemispheric Plan of Action, member states should:
1. Request that the OAS Regular Fund continue contributing the necessary
resources, subject to an evaluation by the Committee on Administrative
and Budgetary Affairs, to provide the Department of Public Security with
human and financial resources to ensure its ability to carry out its
responsibilities under this Hemispheric Plan of Action;
2. Request that the General Assembly establish a specific fund for
fighting transnational organized crime, administered by the General
Secretariat. The Fund would be open to voluntary contributions from
member and permanent observer states and international organizations;
and
3. Consider making voluntary contributions to the Fund once established,
given the seriousness of the threat to public security in the Americas
posed by transnational organized crime.
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