5th Model of the Permanent Council

for OAS Interns –5th MOAS/PC

FINAL BOOK OF RESOLUTIONS

Organization of American States

Washington, D.C.

“CORPORATE SOCIAL RESPONSIBILITY IN THE INTER-AMERICAN LAW AND POLICY FRAMEWORK”

Resolution presented by the Delegations of: Argentina, Bahamas, Canada,Colombia, Costa Rica, Dominica, Ecuador, Grenada, Guyana, Nicaragua, Panama, Paraguay, St. Vincent and the Grenadines, Trinidad and Tobago and Venezuela.

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

FALLING INTO THE SPIRIT that one of the main pillars of the Organization of American Sates is the defense of Human Rights,

BEARING IN MIND that the American Declaration of the Rights and Duties of Man remarks the importance of the dignity of the individual and the achievement of spiritual and material progress to attain happiness,

RECOGNIZING the plight of Indigenous Peoples throughout the Americas and the commitment of the Permanent Council to ensure the respect of the rights of indigenous communities,

ACKNOWLEDGING the right of Indigenous Peoples to practice and develop their ancestral culture and traditions and recognize their right to ancestral land.

TAKING INTO ACCOUNT that it has been ten years from the first proposal of the Draft American Declaration on the Rights of Indigenous Peoples and mindful of the need to strengthen national juridical systems and policies in order to consolidate the multiplicity of cultures, ethnic groups, and languages in our societies.

CONSIDERING the valuable contributions of the MemberStates, Permanent Observers and Institutions to the Specific Fund of Voluntary Contributions to support the Elaboration of the American Declaration on the Rights of Indigenous Peoples allowing the Working Group to carry out their mandate under better circumstances,

RESOLVES:

  1. To reaffirm the will and the commitment of the OAS Member States towards the process of preparing the Draft American Declaration on the Rights of Indigenous Peoples, which remains a priority for the Organization of American States.
  1. To instruct the Working Group of the Draft American Declaration on the Rights of Indigenous Peoples to include the topic of social corporate responsibility related policies in the negotiation agenda.
  1. To instruct the Working Group of the Draft American Declaration on the Rights of Indigenous Peoples to hold up a special meeting between November 2009 and November 2010 to plan and strength aspects regarding social corporate responsibility.
  1. To invite Member States to take measures they deem necessary to comply with the commitments they undertake upon this resolution, and to promote corporate social responsibility-oriented policies regarding the Rights of Indigenous Peoples.
  1. To instruct the General Secretariat to take action towards the development of an Inter-American Network of Cooperation of Indigenous Matters with the objective of fostering dialogue and facilitate the sharing of information, experiences and best practices, regarding social corporate responsibility.
  1. To request Member States to contribute to the development of a Fund to finance the Inter-American Network of Cooperation of Indigenous Matters.
  1. To instruct the Working Group to adviseon the development of a strategy for the proposed Inter-American Network of Cooperation of Indigenous Matters with the objective of enriching the Specific Fund of Voluntary Contributions to Support corporate social responsibility initiatives.
  1. To agree upon a follow up mechanism on the implementation of the funds and activities of the Working Group to support future programs addressed to indigenous peoples, by having an annual meeting and report on the advances made.

COMMON APPROACHES TOWARDS PROTECTING THE HUMAN RIGHTS OF MIGRANTS IN THE AMERICAS

Resolution presented by the delegations of:Antigua and Barbuda, Barbados, Belize. Bolivia, Brazil, Chile, El Salvador, Guatemala, Haiti, Jamaica, Mexico, Dominican Republic, St. Kitts and Nevis, St. Lucia, United States and Uruguay.

THE PERMANENT COUNCIL,

TAKING INTO ACCOUNT

Resolutions AG/RES. 2502 (XXXIX-O/09), AG/RES.1775 (XXXI-O/01), and AG/RES.1898 (XXXII-O/02);

RECALLING

The OAS Inter-American Democratic Charter that affirms that it is the right and responsibility of all citizens to participate in decisions relating to their own development, and enunciates the principle of promoting and fostering diverse forms of participation to strengthen democracy;

Resolutions AG/RES. 1480 (XXVII-O/97) and AG/RES. 1404 (XVI-O/96) which urge Member States to promote and guarantee effective protection of the essential rights of all migrant workers and their families, keeping with applicable international instruments and taking account of generally recognized humanitarian principles; and,

Resolution AG/RES. 1480 (XXVII-O/97) that mandates the Inter-American Council for Integral Development to carry out projects and activities to benefit all migrant workers and their families, as an expression of inter-American solidarity and an essential element in the integral development of the member states;

REAFFIRMING

The Charter of the Organization of American States and its desire for the inhabitants of the Americas to live together in peace and, through their mutual understanding and respect for the sovereignty of each one, providing for the betterment of all, in independence, in equality and under law;

The American Declaration of the Rights and Duties of Man that all persons are equal before the law and have the rights and duties enshrined in the Declaration without distinction as to race, sex, language, creed, or any other factor;

Art. 24 of the American Convention on Human Rights which mentions that all person are equal before the law and are entitled, without discrimination to equal of the law.

TAKING INTO ACCOUNT

The work of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and their Families;

That the International Covenant of Civil and Political Rights of 1966 states that every person should have the right and opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives;

CONSIDERING

That the issue of migration presents both challenges and opportunities to countries of origin, transit and destination;

The important labor of the Continuous Labour Migration Reporting System for the Americas (SICREMI) in the promotion of human rights of migrants through its system of record keeping.

REAFFIRMING

That all persons have the right to a safe, legal and humane migration process; and that States have full sovereignty to enact and implement policies on immigration matters without ignoring their responsibilities under international human rights law.

REALIZING

That the issuance of identity documents to migrants by the countries of origin at their consular representations, is a service yet to be properly provided by some countries; and,

That migrants should also be protected in financial and property matters such as cash, real and intellectual property, and bank accounts to combat illicit acts against them.

RESOLVES:

1. To reaffirm that regulations and laws regarding migration such as border security measures should be in accordance with the obligations of each State under International Law, specifically,International Human Rights Law.

2. To invite the member states to promote cooperation between national and international authorities to guarantee a regular process of migration by assisting migrants and their families to obtain new, or to validate an already existing, legal identity document from theMembers States’ respective consular authority.

3. To request all Member States to ensure and expedite the rights of migrants related to suffrage, political and civil processes outside their countries of origin, and to request that the Secretariat for Political Affairslends support and expertise to the MemberState that so require in carrying out this process.

4. To call upon all Member States of the Organization of American States to begin implementing data collection strategies, within their borders, focusing on national registry of individuals in order to support the effectiveness of the Continuous Labour Migration Reporting System for the Americas (SICREMI) and create a follow-up mechanism for SICREMI.

5. To encourage cooperation among Member States in addressing the challenges of undocumented/irregular migrants in order to guarantee a regular and orderly process of migration.

6. To urge the Secretary General to request the Special Commission on Migration Issues, and the Rapporteurship on the Rights of Migrant Workers and their Familiesto formulate indicators and prepare reports on the achievement of the previous five points of this resolution, to be presented at the next General Assembly, to better assess the situation in each case and be able to make more adequate recommendations.