SPEECH OF JOSE MIGUEL INSULZA, SECRETARY GENERAL OF THE OAS FOR THE MEETING WITH THE COUNCIL OF EUROPE Strasbourg, 7 May 2009 Ms. Marta Vilardell Coma, Chairwoman of the Minister's Deputies, Secretary General, the Right Honorable Terry Davis Ambassadors, representatives of our own Member States and Permanent Observers of the OAS Colleagues, ladies and gentlemen, It is my honor to be here today in this city of the crossroads addressing this august body, and sharing with you information on the priorities and challenges in the Americas, as well as on the work of the Organization of American States. A few months ago, the Washington and Latin American and Caribbean communities had the privilege of welcoming Secretary General Terry Davis to the House of Americas. I am very pleased to be here following on the steps of our technical mission that spent the day yesterday working with colleagues at the Council to further deepen the relationship between our organizations. In this global world, we are all too aware that we share common problems that need to be addressed jointly if we are to find solutions to the most pressing problems, and create a better world for all promoting justice, democracy, peace and prosperity. And ladies and gentlemen, we have a lot in common. Both organizations were created within a year of each other and each one represents the interests of approximately 800 million people. The structure of the organizations is similar in that we are both composed of member states, the OAS with 34 and the Council of Europe with 47. The political bodies that mandate the work of our organizations are alike. We both collaborate with Permanent Observers that support and endorse our work. Many of the Member States of the Council of Europe are Permanent Observers of the OAS. Likewise, a few of the OAS Member States are Permanent Observers in the Council of Europe. Founded in 1948, the Organization of American States (OAS) is the Western Hemisphere's principal political multilateral forum for strengthening democracy, promoting human rights, and confronting shared problems such as poverty, terrorism and insecurity, illegal drugs and corruption. Through its unique convening power, the OAS is able to provide leadership in the inter-American system by bringing together the 34 Member States from this Hemisphere; 60 Permanent Observers from Europe, the Middle East, Asia and Africa; as well as sister international organizations and specialized agencies to give political momentum to critical issues in the Hemispheric agenda. With diverse cultures and four official languages — English, Spanish, Portuguese and French — the OAS reflects the rich diversity of the hemisphere’s peoples and cultures. I have organized the OAS General Secretariat to carry out the programs and policies set by our political bodies concentrating our work in four specialized areas: Political and Democratic Affairs; Human Rights; Multidimensional Security; and Integral Development. 2 Democracy The work that we undertake in the inter-American community cannot be understood without having in mind the particular attempts of each State in the resolution of national problems, and in the way in which we confront issues as a collective body devoted to the principles of the Charter of the OAS, of the InterAmerican Democratic Charter, and the legal instruments in force within the juridical environment of the continent. Upon adoption of the Inter-American Democratic Charter in 2001, the region sent a unequivocal signal that we will cling to the Rule of Law, assure the separation of powers, respect human rights and fundamental liberties, champion the highest levels of transparency and citizen participation in the decision-making process, counting on a system strengthened by political parties and the deepening and enriching of a democratic culture. The Inter-American Democratic Charter reinforces the hemispheric commitment to democracy and provides a very powerful message: “The Peoples of the Americas have a right to democracy and their governments have an obligation to promote and defend it.” The Charter specifies the elements that are considered essential to representative democracy and the definition of mechanisms for multilateral action and collective guarantees to preserve democratic institutions. These include: respect for human rights and fundamental freedoms; access to and exercise of power in accordance with the rule of law; the holding of periodic, free, and fair elections based on secret balloting and universal suffrage, as an expression of the sovereignty of the people; a 3 pluralistic system of political parties and organizations; the separation of powers and independence of the branches of government; transparency in government activities, probity and; responsible public administration on the part of governments; respect for social rights and freedom of expression and of the press; the constitutional subordination of all state institutions to the legally constituted civilian authority; and respect for the rule of law on the part of all institutions and sectors of society. The General Secretariat of the OAS uses various resources to promote democracy in the region. These include: Electoral Observation Missions; the Inter-American Convention against Corruption; Strengthening the Legislative Branches and Political Parties; and protecting democratic institutions by identifying and analyzing potential or existing risks to democracy; helping member countries prevent, manage, or resolve crises; and assisting them in overcoming disruptions in democratic practices, as it did in Bolivia, Ecuador, Haiti and Nicaragua. Human Rights The Inter-American Human Rights System promotes justice and provides recourse to people in the Americas who may have suffered violations of their human rights. The twin pillars of the system are the Inter-American Commission on Human Rights (IACHR), created in 1959 and based in Washington D.C., and the Inter-American Court of Human Rights, established in 1979 and located in San José, Costa Rica. The work we do in relation to the strengthening of the InterAmerican Human Rights System has to do with facilitating access to all to this system; promoting the universality of all the interAmerican juridical instruments; ensuring the implementation of 4 decisions of the Court and the follow-up of recommendations of the Inter-American Commission on Human Rights; and assuring the financial autonomy of both institutions. The Commission receives, analyzes and investigates over one thousand individual petitions annually to find justice after having exhausted all local remedies. Since 1959, more than 12,000 cases have been processed. Another important activity of the Commission is the work of the Rapporteurships. Seven special Rapporteurships monitor and report on human rights conditions of especially vulnerable groups (Rights of afro-descendants and against racial discrimination; Rights of children; Freedom of expression; Rights of indigenous peoples; Rights of migrant workers and their families; Rights of persons deprived of their liberty; Rights of women). I would like to emphasize that the majority of the Member States have given examples of their collaboration with the Commission and compliance with the Court, enhancing the legitimacy of the Inter-American Human Rights System. Work still needs to be done in the strengthening of these judicial bodies, the persistent fight against racial and social discrimination and the creation of opportunities for which all citizens can enjoy their economic, social and cultural rights. It is fortunate that Americans count on the San Salvador Protocol, in effect since 2003, which compliments the American Convention on Human Rights and recognizes the narrow relationship that exists between economic, social and cultural rights and civil and political rights. 5 I should also mention the Inter-American Commission of Women (CIM), which is the principal forum for generating hemispheric policy to advance women’s rights and gender equality. It is the first official intergovernmental agency in the world (1928) created expressly to ensure recognition of the civil and political rights of women. One of its key achievements has been the development of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, adopted in Belém do Pará, Brazil in 1994, about which, Secretary Davis, my colleagues from the OAS were sharing information with your personnel yesterday, since we know you are involved in a similar effort today. Multidimensional security Since its inception, the OAS has used inter-governmental cooperation to prevent conflicts and promote peace in the region. The concept of security, once framed largely in conventional military terms, today must expand its frame of reference and take into account a range of other evolving threats such as international terrorism, illegal arms dealing, trafficking in persons, institutional corruption, and organized crime. In some countries, poverty, disease and environmental degradation increase vulnerability and help undermine human security. At the Special Conference on Security in 2003, the Member States adopted the Declaration on Security in the Americas and stated that "Peace is a value and a principle in itself, based on democracy, justice, respect for human rights, solidarity, security, and respect for international law." 6 With this in mind, the Inter-American Drug Abuse Control Commission (CICAD) seeks to reduce the production, trafficking and use of illegal drugs in the Americas through education, prevention, treatment and rehabilitation programs by training law enforcement officers, prosecutors and judges and by developing model laws and regulations to address supply and money laundering. Furthermore, CICAD’s Multilateral Evaluation Mechanism (MEM) monitors each country’s performance in fighting illicit drugs using a rigorous, peer-review methodology, and provides governments with specific recommendations on how to improve their efforts. Likewise, the Inter-American Committee against Terrorism (CICTE) is the lead entity for coordinating efforts to protect the citizens of the OAS Member States from terrorism by implementing programs in border controls such as port security, aviation security, fraudulent documents, immigration and customs, cyber security, terrorist financing controls, counterterrorism legislation training and consultations. Another important area where the OAS is working to support security issues is by helping to fight organized crime. For example, criminal gangs are increasingly associated with transnational organized crime and are becoming involved in drugs, arms, and human trafficking. The OAS is supporting stepped-up law enforcement, and increased implementation of prevention strategies, including creating job opportunities, and greater training and educational opportunities for young people. It also conducts studies, provides training to government authorities and civil society organizations on the problem of human trafficking, and provides assistance for the development of national legislation on this issue. We have and will continue working with this sister Organization in addressing these issues. 7 I should also mention that Public security is a major challenge today in the Americas. We have to contend with a region with the highest homicides rates per capita in the world. I called for a meeting of Public Security authorities last year in Mexico to raise this problem and to put together a common plan to address this threat. Of course, this kind of violence is also linked with poverty and exclusion in our societies, which brings me to talk about the fourth pillar in our work, integral development. Integral development Particularly in these difficult times in which none of us has been exempt from the impact of the financial crisis, the challenge for both the OAS and Council of Europe, is to continue seeing that we protect those who live in conditions of poverty. Confronting this situation requires structural changes in the international financial architecture and in our societies bringing forth programs focused on the most vulnerable and the fight against poverty. Recent statistics from the UN Economic Commission on Latin America and the Caribbean show that there are more than 200 million people in this Hemisphere living in poverty, which account to approximately 35% of the region’s population. Moreover, 52 million people in the Americas are under nourished. The recent positive developments in reducing poverty in the Americas, as a result of continuing growth in the last 5 years, could be reversed because of the crisis and could result in the inability of some countries to achieve the Millennium Development Goals. 8 In promoting development at a political level, the OAS fosters dialogue and consensus on ways to combat poverty and improve the level of development in the region. We also mobilize funds so member states can carry out projects in priority areas, such as sustainable development, trade and competitiveness, tourism; education, culture, science and technology; and social development and employment. Finally, and in parallel to the Inter-American Democratic Charter, the OAS member states are working on a Social Charter of the Americas, which would articulate a hemispheric perspective on fighting poverty and promoting social equity and inclusion, as well as economic development. Having shared with you our challenges, I want to emphasize that our coming here today reflects the fact that we are a learning institution, that we care about inter regional collaboration, and that we look forward to a stronger cooperative relationship between the Council of Europe and the Organization of American States in the areas of human rights, fight against corruption, terrorism, governance and institutional strengthening, conflict resolution and prevention, combating violence against women, and engaging civil society as a critical stakeholder in addressing the issues raised before. There is mutual learning in this process, as we found out yesterday. Without a doubt, we must continue perfecting the cooperation and legal instruments that we share in the fight against corruption, terrorism, narco-traffic, organized crime, the trafficking of persons and crimes, and the integral attention that we give to the concept of hemispheric security. Yielding to these threats would mean contributing to the weakening of the 9 stability and democratic institutions that we are trying to preserve daily. In the area of human rights, a cooperative relationship is already underway on a range of issues concerning the processing of individual cases and human rights. The organizations may seek to strengthen this cooperation in areas such as: i) ii) iii) Sharing information on strategies aimed at integrating regional human rights standards and jurisprudence into national law and policy; Exchanges of information concerning approaches for ensuring effective compliance with the decisions of regional organs of protection; and Exchanges of working visits, information and joint participation in meetings and promotional activities concerning regional human rights protection and processing In the fight against corruption, the Organizations will, in particular, seek to strengthen their cooperative relationship, principally with respect to international legal cooperation in areas such as: i) ii) The implementation and follow-up of the InterAmerican Convention against Corruption within the framework of its follow-up mechanism (MESICIC); and the Council of Europe anti-corruption standards and other legal instruments within the framework of the Group of States against Corruption (GRECO); Cybercrime, mutual legal assistance in criminal matters and extradition, and other related legal matters stemming from the recommendations or the Meetings of Ministers of Justice or other Ministers or 10 iii) Attorneys General of the Americas (REMJA); and the pertinent Council of Europe mandates and legal instruments; and Family law and children’s rights. With respect to terrorism, the OAS Secretariat of the InterAmerican Committee against Terrorism (CICTE) and the Council of Europe’s Counter Terrorism Task Force, which supports the Council of Europe’s Committee of Experts on Terrorism (CODEXTER), will enjoy ongoing coordination on all matters related to terrorism and, regularly attend each other’s meetings and events. Cooperation exists in the area of security matters. We should continue to strengthen our cooperative relationship principally with respect to the following areas: cyber security; terrorism financing; counter terrorism legislation and conventions; and border controls, including document security. In the areas of democratic governance and institutional capacity building, we believe that our organizations can work together sharing experiences and resources for improving our electoral systems, strengthening political parties, facilitating the peaceful resolution of conflict. The goal is to use this knowledge to prevent, manage, and resolve political-institutional crises. Specifically, we should develop projects aiming to fully implement a political analysis to prevent and respond effectively to challenges and political situations that could threaten a democratic system. Finally, as I mentioned before, we look forward to sharing with you our experience in the frame of the Inter-American Commission of Women (CIM), and its key achievements in the development of the Inter-American Convention on the 11 Prevention, Punishment and Eradication of Violence against Women, adopted in Belém do Pará, Brazil in 1994, and its Mechanism to Follow Up on the Implementation of the Convention approved in 2004 by the State Parties (MESECVI). We also look forward to the exchange of best practices in our involvement of civil society as we ensure their full participation in the promotion and exercise of a democratic culture. I once again thank the Honorable Terry Davis for the opportunity to address the Committee of Ministers of the Council of Europe, Many thanks 12