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Report on the Implementation of the Decisions Reached at the 1994 Summit of the Americas Table of Contents
Introduction This report describes progress achieved in implementing the 23 separate initiatives contained in the Plan of Action approved by the 34 Western Hemisphere Heads of State and Government at the 1994 Summit of the Americas in Miami, Florida. It is based on inputs from governments that served as Responsible Coordinators for the various initiatives and on contributions from international organizations. Reports on individual initiatives were submitted by Argentina, Brazil, Canada, Colombia, Costa Rica, Chile, Ecuador, Jamaica, Mexico, Nicaragua, the United States, Uruguay, Venezuela, the Inter-American Development Bank, and the Pan American Health Organization, and useful inputs were received from the Organization of American States. The Coordinating Office for the Miami Summit edited the many excellent contributions to conform to a common format and drafted an Executive Summary for the report. That Office accepts responsibility for reformulating the original submissions and for the presentation of the material in the Executive Summary. This report is not a policy document. The suggested actions under the "Future Steps" section of each chapter are informal recommendations for the continued implementation of the Miami Plan of Action. They are not meant to anticipate decisions that may be reached by Heads of State and Government at the April 1998 Summit of the Americas in Santiago, Chile. Because of the extraordinary scope and specificity of the Miami Plan of Action, no report of this nature could describe all of the significant steps that have been taken to implement the Miami mandates. This report, therefore, is not meant to be an exhaustive compendium of actions. It is, however, intended to convey a clear idea of the extensive nature of the actions taken and of their value in enhancing the quality of life in the Hemisphere. Note: Each section of this report is followed by the text of the relevant initiative or initiatives from the Miami Plan of Action.
Since the Miami Summit, governments, international organizations, and civil society have worked hard to implement the decisions reached at that historic event. Together, they have made important progress in this endeavor. I. Preserving and Strengthening the Community of Democracies in the Americas Recent elections in the Hemisphere have been some of the fairest in history, and voter participation has reached extraordinary levels in some cases - e.g., 86 percent in the 1996 presidential election in the Dominican Republic and between 83 and 90 percent in the 1996 municipal elections in Paraguay. Democracy has become more firmly established in Haiti, where one constitutionally elected President succeeded another in 1997. Many nations have taken steps to reform their judicial systems, and many have passed laws strengthening human rights. At the OAS, a strengthened Unit for the Promotion of Democracy has helped a number of countries modernize and improve their legislative institutions and has fielded election observer missions to ten countries. In a precedent-breaking decision guided by the Miami Summit recommendations, the 1996 Summit of the Americas on Sustainable Development in Santa Cruz, Bolivia called for the participation of civil society in decision-making on public issues. The Bolivia Summit entrusted the OAS with the formulation of an Inter-American Strategy for the participation of civil society in decision-making on sustainable development. The U.S. Agency for International Development (USAID) has established a network linking 30 (potentially 80) NGOs throughout the Americas. In its capacity as Responsible Coordinator for the Miami Summit initiative on Promoting Cultural Values, Costa Rica began hosting an Exhibition on Cultural Values of the Americas in San José in March 1998. Mexico, El Salvador, Guatemala, Peru, and the United States have signed international agreements on combating illegal traffic in archeological artifacts. The Inter-American Convention Against Corruption, a direct result of the Miami Summit and the first of its kind in the world, was negotiated in record time and has already been signed by 23 OAS member states and ratified by nine. At the national level, many governments have taken specific anti-corruption measures, including the passage or strengthening of legislation against corruption and the approval of codes of ethics for public officials. Through a series of coordinated actions, the Summit governments have launched an unprecedented offensive against drugs and related crimes. The Summit partners have developed new and creative hemispheric initiatives, including an Anti-Drug Strategy for the Hemisphere, a coordinated action plan to combat money laundering, and a convention against illicit firearms. Illicit coca cultivation has been reduced by 40 percent in Peru and in the Andes as a whole by at least 10 percent. At a hemispheric Specialized Conference on Terrorism in Lima in 1996, participants issued a 23-point Plan of Action calling for a wide range of specific steps against terrorism. Bilateral and multilateral cooperation agreements have been signed. Peru has dealt severe blows to its two terrorist organizations, and the United States has brought major terrorists to justice. At a regional conference on Confidence and Security Building Measures (CSBMs) in Santiago, Chile in 1995, governments agreed on eleven CSBMs to be implemented on a voluntary basis. Peru and Ecuador, working closely with the Rio Protocol countries, are now moving toward a historic resolution of their long-standing border dispute. Over 6,000 land mines have been destroyed in three Central American countries under the aegis of the OAS. II. Promoting Prosperity Through Economic Integration and Free Trade The Hemisphere's Trade Ministers have held four major meetings at which basic principles for a Free Trade Area of the Americas (FTAA) were adopted. Based on this extensive preparatory work, Heads of State and Government are expected to launch FTAA negotiations at the Second Summit of the Americas in Santiago, Chile, April 18-19, 1998. Working together, governments have taken important steps to strengthen and modernize their financial markets. There is now a regional commitment to implement the Basle Committee´s Core Principles for Effective Banking Supervision as well as programs to train key bank personnel, improve clearance and settlement systems, and facilitate access to finance by microenterprises and small businesses. Numerous major infrastructure projects have been completed or initiated in a wide range of categories, including energy, transportation, water and sanitation, and pollution prevention. Since 1995, the IDB has loaned some $1.4 billion for private infrastructure, mobilizing investments in that sector for a total of $4 billion. Transportation Ministers have developed a Western Hemisphere Transportation Initiative aimed at promoting integrated transportation systems that foster the economic development of the Hemisphere. Energy Ministers have built a well structured and effective framework for hemispheric cooperation across a broad spectrum of energy objectives, including integration of energy markets, the increased production and distribution of sustainable energy, environmental protection, and the promotion of private investment in energy initiatives. Ministers have agreed to promote policies and actions supportive of the commitments that their governments will assume within the context of the negotiation of the Free Trade Area of the Americas. In addition, they have called for hemispheric cooperation in addressing the important issue of climate change. At an unprecedented meeting of senior telecommunications officials in Washington in 1996, participants issued a comprehensive and detailed Plan of Action whose implementation over time will result in dramatic and fundamental improvements in telecommunications throughout the Hemisphere. These improvements will support numerous critical objectives in such areas as education, health care, and public safety. Ministers responsible for science and technology, meeting in Cartagena, Colombia in March 1996, approved a Plan of Action of extraordinary scope designed to accelerate economic development and integration in the Hemisphere through cooperation in science and technology. The Plan of Action´s 43 specific commitments cover a vast array of actions¯from joint projects in basic and applied research, to cooperation in agriculture, education, and health, to efforts on specific issues such as the El Niño phenomenon, to special projects of benefit to small and relatively less developed countries. Governments and the OAS have taken important steps to increase tourist flows and improve the tourism industry. Between 1994 and 1997, revenue from international tourism in the Americas (excluding international transportation costs) increased from $95.4 billion to $119.8 billion, and the number of tourists entering each of the major regions of the Hemisphere rose substantially. III. Eradicating Poverty and Discrimination in our Hemisphere Today over 90 percent of the children of the Hemisphere between the ages of 7 and 12 are receiving some form of basic education, and large percentages of indigenous children are benefiting from bilingual education. Programs in adult literacy, teacher training, and school nutrition have been expanded and improved. In Haiti, the goal is to teach 2 million people to read and write by the year 2000. In 1995, U.S. First Lady Hillary Rodham Clinton launched a Measles Elimination Program at the Pan American Health Organization (PAHO). Measles cases were reduced from 23,583 in 1994 to only 2,109 in 1996. An upsurge of cases in 1997, which resulted almost exclusively from an outbreak in Brazil, underscores the need for aggressive vaccination programs. PAHO has launched a series of efforts against dengue, malaria, and HIV/AIDS. Over 80 percent of children under one year of age are receiving immunizations against the major childhood diseases. An Inter-American Conference on Hunger, convened in Buenos Aires in October 1996 at the initiative of Argentina, issued a 15-point agenda for the battle against hunger. Proposed actions include the establishment of food banks and of national committees for the fight against hunger. Numerous countries have changed their electoral codes to increase female participation in elections and, therefore, in political decision-making. At least seven countries have adopted the approach of establishing quotas for female participation in elections. Several countries have improved penal codes to protect women and girls from violence, abuse, and discrimination. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, the 'Convention of Belém do Pará,' came into force on March 5, 1995, and has been ratified by 26 governments since the Summit. The Inter-American Development Bank (IDB) and other development agencies have committed close to $1 billion dollars to the promotion of microenterprises and small businesses throughout the Hemisphere. The IDB alone plans to invest $500 million over the next five years in loans and technical assistance for microenterprise promotion. The White Helmets Committee of Argentina, established in 1995 in response to the Summit mandate, worked quickly with the United Nations Volunteers (UNV) to establish the White Helmets Initiative as a functioning element within the U.N. system. Efforts thus far have included land mine clearance in Angola, election monitoring in Armenia, improvement of food aid distribution in Haiti, sanitation and vaccination programs in Paraguay, and an initiative for the eradication of Chagas´ disease carriers in Bolivia. IV. Guaranteeing Sustainable Development and Conserving our Natural Environment for Future Generations. In Brazil, a new 2.35 million hectare Amazon forest reserve has been added to two existing parks, creating a total reserve larger than Switzerland. Also in Brazil, the size of the protected Atlantic Coastal Rain Forest in Bahia has been doubled. The size of Bolivia's Noel Kempff Park has been doubled, and Peru has established the first new national park since 1986, protecting 537,000 hectares. Progress has been made in protecting the mesoamerican coral reef systems and in preserving the unique biodiversity of the Galapagos Archipelago. In the area of pollution prevention, thirteen countries have eliminated the sale of leaded gasoline, several more are scheduled to do so by 2001, and virtually all gasoline sold in the Hemisphere is expected to be lead free by 2007. A $2 billion dollar pipeline to carry gas, a clean form of energy, is being built between Santa Cruz, Bolivia and São Paulo, Brazil. USAID has launched numerous pollution prevention projects throughout the Hemisphere, including a $25 million cooperative effort with the Central American countries. Strengthening Democracy and Promoting and Protecting Human Rights Action Initiatives 1 and 2 I. Actions Taken Since December 1994 There has been major progress at the national level in a wide range of areas of critical importance to democracy and human rights. Recent elections in the Hemisphere have been some of the fairest in history, and voter participation has reached extraordinary levels in some cases¯e.g., 86 percent in the 1996 presidential election in the Dominican Republic and between 83 and 90 percent in the 1996 municipal elections in Paraguay. Democracy has become more firmly established in Haiti, where one constitutionally elected President succeeded another in 1997. Many nations have taken steps to reform their judicial systems, and many have passed laws strengthening human rights. Progress in the area of women's legal rights has been exceptional and is reported in the section on Strengthening the Role of Women in Society. Numerous programs are underway to improve the administration of justice, the training of police, and the effectiveness of criminal investigations. At the OAS, a strengthened Unit for the Promotion of Democracy has helped a number of countries modernize and improve their legislative institutions and processes. It has fielded election observer missions to ten countries, provided support for education programs in democracy in schools and universities, and conducted programs of political reconciliation in four countries. The Inter-American Commission on Human Rights has taken up and decided an increasing number of cases, established closer links with national human rights commissions, and provided support for investigations conducted by the National Committee for Truth and Justice in Haiti. Five separate international human rights instruments have been ratified by additional governments since the Summit. Brazil and Canada, as co-coordinators for the Summit initiatives on democracy and human rights, produced a joint proposal for the implementation of the two initiatives. It has proved useful not only as a tool for carrying out the Miami decisions but also as a basis for recommendations for the Santiago Summit. National and Cooperative Efforts There have been major improvements at the national level in a wide range of areas of critical importance to democracy and human rights¯fair elections, high voter participation in elections, separation of court administration from judicial decision-making, effective training of justice professionals, effective criminal investigations, and the protection of the rights of women, minorities, indigenous people, and other disadvantaged groups. The following is an illustrative list of some key achievements. In the Dominican Republic, 86 percent of eligible citizens voted in the 1996 presidential election, which was considered one of the fairest in Dominican history. In Nicaragua, the 1996 national elections confirmed the effectiveness of democratic structures and led to a peaceful and orderly transfer of power. National and international observers declared the elections free, fair, and open. In preparation for the 1996 municipal elections in Paraguay, the nation's electoral tribunal created a new voter registry. Within a three month period, 1.8 million voters had been registered¯some 70 percent of the total eligible voting population. The elections were considered the fairest in Paraguayan history. Voter participation was over 90 percent in Asuncion and 83 percent nationwide. In Nicaragua, the Supreme Court is working with the National Assembly to reorganize and improve the entire judicial system. In El Salvador, a new and improved criminal procedures code was approved by the legislature in December 1996. In Bolivia, free legal defense for indigent people is now provided in all nine departments, and 50 public defenders have been made available. In Bolivia, a law regulating campaign financing was enacted in 1997. All parties must now report all sources of campaign financing to the National Electoral Court. For the first time, the Peruvian Congress opened its deliberative proceedings to civil society and to opposition political groups in a debate on major legislative changes. In Bolivia, Congress granted permanent legal status to a congressional modernization committee (CML). The CML has taken the lead in modernizing committee structure and legislative regulations and in allowing public hearings. There has been significant improvement in the human rights climate in Haiti since the restoration of elected government in October 1994 and since the Miami Summit. Strides have been made in the sustainability of impartial security, judicial, and economic institutions in pursuit of good governance, social development, and economic growth. Primary indicators of progress are the existence of a free press, a reduction in the number of reported human rights violations, and the cessation of illegal mass migration. A 5,700 strong civilian police force has been trained, and the Haitian National Police is now responsible for maintaining public safety. In Guatemala, the 36-year armed conflict between the Government and the Guatemalan National Revolutionary Unity (UNRG) guerrillas came to an end with the signature of a final peace accord on December 29, 1996. Under the leadership of President Alvaro Arzu significant progress has been made in the area of human rights. In Peru, President Fujimori carried out a series of positive human rights actions, including putting an end to the system of faceless judges and signing a law stipulating that torture, forced disappearance, and genocide are crimes that must be tried in civilian courts. In Paraguay, the President of the Republic endorsed a program to enhance civil-military dialogue. For the first time, members of Congress, key politicians, academic leaders, and senior military officers met to discuss the role of the military in a democracy. The United States has promoted democracy domestically by enacting in 1993, and amending in 1996, the National Voter Registration Act (popularly known as the 'Motor Voter' law). The Act makes it more convenient for citizens to register to vote. It has created the most significant expansion in U.S. voter registration since the nineteenth century. The United States government enhanced its own transparency by enacting the Lobbying Disclosure Act of 1995, the first overhaul in 50 years of rules governing the activities of those who lobby government. The United States established the Family and Childhood Education program, a collaborative effort of the U.S. Government's Office of Indian Education Programs, parent organizations, the National Literacy Foundation, and the High/Scope Foundation. The program works with children under five years of age. Accomplishments have included increasing the numbers of children entering school ready to learn, increasing parental participation in learning, and early detection of learning problems. On a hemispheric basis, the United States has strengthened the Inter-American Institute of Human Rights, which provides human rights training for government officials and organizations, and has contributed to the efforts of governments to develop fair and professional electoral processes in the Hemisphere. The United States has supported programs in 14 nations to strengthen the administration of justice and human rights. Canada has taken a number of important steps domestically. The Government has established a Federal Task Force on Disability Issues and has worked in partnership with provinces and territories on revamping the Vocational Rehabilitation of Disabled Persons program. National educational programs against racism have been launched, and improvements have been made to the accountability and support programs for Canada's official languages. The Canadian Government has launched an action plan to renew its relationship with aboriginal people. The plan has four objectives: to renew partnerships, to strengthen aboriginal governance, to develop a new fiscal relationship, and to support strong communities, people, and economies. In Chile, the Ministry of Justice has implemented a New Penitentiary Policy designed to improve the living conditions of prisoners and promote their rehabilitation in preparation for their return to society. The Ministry of Justice has asked the Gendarmerie of Chile, which is in charge of prisons, to implement a series of actions designed to improve the health care given to prisoners, improve the system of prison visits, segregate prison populations based on the seriousness of the offenses, and ensure that prisoners are trained in productive work. In the period 1995-1997, several new jails were constructed and others were expanded and improved. The use of private contractors in running the prison system has markedly increased¯from six private firms under contract in 1994 to 56 in 1997. OAS Actions The OAS has been very active in implementing the Miami Summit initiatives on democracy and human rights. The following are key examples of OAS actions under each initiative. Strengthening Democracy The OAS Unit for the Promotion of Democracy (UPD) has been strengthened and has received increased resources. In 1995, the Secretary General modified the UPD's structure to reflect its responsibilities in the areas of technical assistance with elections, the strengthening of democratic institutions, and special programs. The UPD has provided support to election bodies in member states, primarily by identifying reliable new technologies, organizing meetings for the exchange of information, and promoting institutional and juridical strengthening of electoral systems in those states that have requested such assistance. The UPD has provided support to electoral agencies in Belize, Bolivia, Chile, Ecuador, El Salvador, Guatemala, Honduras, Panama, Peru, and Venezuela. At the request of interested states, the UPD organizes election observer missions. Since the Summit, ten missions have been fielded¯to Peru, Guatemala, the Dominican Republic, Ecuador, Nicaragua, Suriname, Haiti, El Salvador, Colombia, and Guyana. The UPD has worked with a number of countries on programs to modernize and improve legislative institutions and processes. It has carried out programs to examine legislative functions in Argentina, Bolivia, Chile, Guatemala, Paraguay, and Uruguay, and has developed support programs for the regional parliaments of Central America and the Andean Community. The UPD has provided support for teaching institutions in developing education programs on democracy at the primary, secondary and university levels, and it has initiated training programs for young political leaders. The UPD has cooperated in democracy education programs in Grenada, Mexico, Nicaragua, Paraguay, Peru, and Trinidad and Tobago. Finally, the UPD has been active in the area of political reconciliation and peaceful resolution of disputes. Programs with these objectives have been carried out in Guatemala, Haiti, Nicaragua, and Suriname. In Haiti, the OAS has worked jointly with the United Nations to implement programs for consolidating democratic institutions. Promoting and Protecting Human Rights The Inter-American Commission on Human Rights (IACHR) broadened its efforts to promote and defend human rights in the Hemisphere. It has taken up and decided an increasing number of cases, and it has established closer links with National Human Rights Commissions and similar institutions in member countries. The IACHR has conducted seminars on jurisprudence in Brazil, Paraguay, and Argentina that were attended by several hundred justice officials from each of those countries and from neighboring countries. In 1995, the IACHR provided support for the National Committee for Truth and Justice in Haiti in its investigations of human rights abuses. Within the OAS, efforts are underway to prepare a draft Inter-American Convention on the Elimination of All Forms of Discrimination by Reason of Disability with a view to submitting the draft to the 28th session of the OAS General Assembly in 1998. The Inter-American Children's Institute plans to present a program of concerted action on behalf of children to the next OAS General Assembly. The IACHR has established working groups on the rights of migrant workers and on prison conditions. Work on migrant workers is in a preliminary, information gathering phase. The IACHR has conducted on-site visits to prisons and other detention centers in several countries, and it plans to submit a report on Prison Conditions in the Americas to the next session of the OAS General Assembly. The work of the OAS on women's rights is described in the section of this report dealing with implementation of Miami Summit Initiative 18, Strengthening the Role of Women in Society. The 1996 OAS General Assembly instructed the Permanent Council to 'evaluate the workings of the inter-American system for the protection and promotion of human rights so as to initiate a process leading to its improvement, possibly by modifying the respective legal instruments as well as the methods and working procedures of the Inter-American Commission on Human Rights, for which it shall request the cooperation of the Commission and the Inter-American Court of Human Rights….' Over the past two years, the OAS has taken a number of steps to evaluate this mandate. Particularly relevant in this regard is a report issued by the Secretary General in November 1996 entitled Toward a New Vision of the Inter-American Human Rights System. The 1997 General Assembly passed two resolutions calling for continued efforts to strengthen the inter-American system for the protection and promotion of human rights. The General Assembly asked that the IACHR prepare a draft inter-American program for the international promotion of human rights and submit it to the Permanent Council for consideration. Adherence to International Instruments Designed to Support Democracy and Human Rights The following is a list of developments since the Summit in this area (information current as of December 20, 1997):
The following conventions have received no new ratifications since the Summit:
Brazilian-Canadian Implementation Proposal At the May 5, 1995 meeting of the Summit Implementation Review Group (SIRG), held in San Salvador, a number of governments endorsed the concept of 'responsible coordinators,' i.e., countries that would offer to play a leadership role in promoting the implementation of specific Miami Summit initiatives. Shortly thereafter, Brazil and Canada became coordinator and co-coordinator, respectively, of Miami Plan of Action initiatives 1 and 2, dealing with strengthening democracy and promoting and protecting human rights. In December, 1995, Brazil and Canada held consultations in Ottawa that resulted in a joint proposal for the implementation of these two initiatives. The Brazilian/Canadian proposal sets forth a comprehensive and detailed agenda for improving democracy and human rights in
the Hemisphere. The document identifies the following four major actions as
essential to progress in this important area: The proposal also calls for a range of specific steps to strengthen the
rights of women, minority groups and the indigenous community, the disabled, and migrant
workers and foreign communities within Summit countries. The proposal suggest that governments formulate national human rights
plans, as recommended by the World Conference on Human Rights held in Vienna in 1993. The
document recommends that, to facilitate a hemispheric dialogue and exchange of
experiences, the national plans should have a common structure. Included as integral parts
of the proposal are the following annexes: (1) a list of specific results that should
be obtained in the area of democracy and human rights; (2) a suggested structure for
the national human rights plans; and (3) a list of nine human rights instruments that
the Brazilian-Canadian document recommends be ratified by Summit governments. Brazil and Canada presented their implementation proposal to a SIRG
meeting in Santiago in January, 1996. The SIRG requested that the OAS Special Committee on
Summit Management examine the Brazil-Canada proposal. In April, 1996, the Special
Committee created a Working Group on Democracy and Human Rights with the broad mandate of
assisting in the development of follow-up activities on Summit commitments in those areas.
At the first meeting of the Working Group, held on May 6, 1996, Dr. Jose Gregori from
Brazil and Ms. Mary McLennan from Canada were elected as co-chairs of the Group. The
co-chairs asked member states to submit written comments on the Brazilian-Canadian
proposal. A second meeting of the Working Group was held in December 1996. The
meeting discussed various suggested amendments to the Brazilian-Canadian proposal,
exchanged views on the development of human rights plans, and identified administration
of justice as the thematic priority that would guide the future work of the group.
Within that priority, three particular issues were identified: (1) police training;
(2) the necessary steps to remedy inhumane conditions in prisons and to minimize the
number of pre-trail detainees; and (3) human rights education for judges, magistrates
and other court officers. There was also agreement that, in carrying out its future
activities, the working group should seek to avoid duplication with activities of other
organs of the OAS involved in the areas of democratic development, human rights and
technical assistance, and should seek cooperation with those organs. In early 1997, representatives from the co-chairs visited a number of
donors including the World Bank, the Inter-American Development Bank , the U.S. Agency for
International Development, and the National Democratic Institute (Latin America Programs)
all in Washington, D.C., and the Ford Foundation and the United Nations Development
Program in New York. The main objectives of the visits were to gather information on
organizations that might have an interest in developing partnerships to support future
activities of the working group; to acquaint those organizations with the existence and
work already undertaken by the working group; and to explore, in a preliminary fashion,
their interest in the priority area and sub-categories established at the second meeting
of the working group in December. In general, the meetings revealed the existence of a
significant number of projects being carried out in the sub-categories identified by the
working group. In addition, it became clear that the donors were interested in cooperating
in these areas and in sharing their experience and expertise with the working group. The Brazilian-Canadian proposal has been useful not only as a tool for
implementation of the Miami initiatives but as a source of ideas for recommendations for
the second Summit of the Americas to be held in Santiago, Chile, April 18-19, 1998. II. Future Steps Recommended actions include: ******* The texts of Initiatives 1 and 2 follow: 1. Strengthening Democracy The strengthening, effective exercise and consolidation of democracy
constitute the central political priority of the Americas. The Organization of American
States (OAS) is the principal hemispheric body for the defense of democratic values and
institutions; among its essential purposes is to promote and consolidate representative
democracy, with due respect to the principle of non-intervention. The OAS has adopted
multilateral procedures to address the problems created when democratic order has been
interrupted unconstitutionally. In order to prevent such crises, the OAS needs to direct
more effort toward the promotion of democratic values and practices and to the social and
economic strengthening of already-established democratic regimes. Governments will: 2. Promoting and Protecting Human Rights Great progress has been made in the Hemisphere in the development of
human rights concepts and norms, but serious gaps in implementation remain. While courts
ultimately have the responsibility for enforcing legal rights and obligations, reforms in
other institutions are needed to contribute to the further development of a climate of
respect for human rights. There must also be universal access to justice and effective
means to enforce basic rights. A democracy is judged by the rights enjoyed by its least
influential members. Governments will: Action Initiative 3 I. Actions Taken Since December 1994 In a precedent-breaking decision guided by the Miami Summit recommendations, the 1996 Summit of the Americas on Sustainable Development in Santa Cruz, Bolivia called for the participation of civil society in decision-making on public issues. The Summit entrusted the OAS with the formulation of an Inter-American Strategy for the participation of civil society in decision-making on sustainable development. To design the strategy, the OAS has initiated a 15-month program to develop relevant information and experience. As part of its effort, the OAS has selected three sites (in Dominica, Peru, and the Gulf of Honduras) for pilot projects on environmental protection designed to demonstrate effective means of involving civil society in public initiatives. National focal points to guide the formulation of the participation strategy have been established in 27 countries, and $1.2 million in contributions have thus far been received to support the pilot projects and other aspects of work on the strategy. Initial steps have been taken toward the possible creation of an IDB-sponsored Foundation of the Americas to strengthen civil society in the Hemisphere, and the U.S. Agency for International Development has established a network linking 30 (potentially 80) NGOs throughout the Americas. Many national governments have taken specific steps to enhance the role of civil society in public affairs, for example through new legislation, innovative programs, and financial assistance. Hemispheric Initiatives OAS Efforts The December 1996 Summit of the Americas for Sustainable Development in Santa Cruz, Bolivia took an important step forward in implementation of the Miami initiative on civil society/community participation. In the Bolivia Summit Declaration, the Heads of State and Government strongly supported 'broad participation by civil society in the decision-making process, including policies and programs and their design, implementation, and evaluation.' In the relevant section of the Bolivia Summit's Plan of Action, the hemispheric leaders state that governments will: '… entrust the OAS with assigning priority to the formulation of an Inter-American Strategy for the promotion of public participation in decision-making for sustainable development, taking into account the recommendations of the Inter-American Seminar on Public Participation held in Montevideo in 1996.' The Seminar had identified three areas for progress: (1) enabling responsible participation; (2) strengthening representative institutions; and (3) expanding avenues for participation. Soon after the Santa Cruz Summit, the OAS began a 15-month program to formulate an Inter-American Strategy for Public Participation in Environment and Sustainable Development Decision-Making in the Americas (ISP). As part of the effort, the OAS is conducting pilot projects on participatory environmental management at three sites (in Dominica, Peru, and the Gulf of Honduras) to demonstrate effective means of involving civil society in public initiatives. The lessons learned will serve to guide Summit governments' efforts in civil society participation in the future. Contributions totaling some $1.2 million in direct support of the ISP have been received from the Global Environment Facility, the OAS, USAID, and UNESCO. National focal points (a government official or group of officials) have been established to guide the ISP process with input from experts from civil society and donor representatives. To date, national focal points have been designated by 27 Summit countries. The following consultations and other actions have been undertaken to support ISP formulation:
A web site has been created to help governments and civil society keep abreast of progress on implementation of the ISP. The Internet address is: www.ispnet.org. Other Regional Efforts In 1995, the U.S. Agency for International Development established the Inter-American Democracy Network, which currently links 30 NGOs and is intended eventually to link more than 80 throughout the Hemisphere. Through the Network, the six founding members, five of which are based in Latin America, provide technical assistance to other civil society organizations throughout Latin America and the Caribbean. Technical assistance is focused on the following areas: capacity building, voter education, citizen participation in local government, and deliberation. Another significant initiative is the Charter of Civil Society of CARICOM, established by the CARICOM Heads of State and Government at a meeting in Antigua and Barbuda in February 1997. This initiative grew out of the recognized need to develop structures of unity and integration within and among eastern Caribbean states to complement efforts to establish a single market economy in the region. The Charter articulates a political value system that emphasizes collaborative relationships within civil society and between civil society and the state. The Charter promotes freedom of the press, fair and open democratic processes, morality in public affairs, respect for civil, political, economic, social, and cultural rights, the rights of women and children, respect for religious diversity, and greater accountability and transparency in government. The Inter-American Development Bank, on the initiative of senior bank staff, has proposed a new Foundation of the Americas to strengthen civil society in Latin America and the Caribbean. In September 1997, a committee was established to promote the creation of the Foundation, which the IDB hopes will work in the coming years in partnership with governments and businesses to strengthen democratic institutions, achieve equitable economic growth, and advance social justice in the region. The IDB's Foundation Committee, chaired by former Bolivian President Gonzalo Sanchez de Lozada, has already begun meeting with business and political leaders to plan for the creation of the Foundation. This preliminary effort to develop a new Foundation is a substantial step forward in meeting the Miami Plan of Action's call upon the IDB to consider the development of a 'Civil Society Program to encourage responsible and accountable philanthropy and civic engagement in public issues.' In March 1997 the IDB published an important sub-regional summary of laws and regulations for civil society organizations in South America in collaboration with the United Nations Development Program, the International Center for Not-for-Profit Law, and the Esquel Group Foundation. The publication provides a comparative review of legal frameworks for civil society in South America, and serves as an important reference for further progress. The Government of Chile, with the support of other Summit governments, has taken important steps to integrate civil society into decision-making by consulting civil society members during preparation of the agenda for the Santiago Summit of the Americas to be held April 18-19, 1998. Consultations took place at two separate meetings in Santiago hosted by the Corporación Participa and sponsored by various donors and the Government of Chile. There were also numerous informal consultations regarding the Summit between government delegations and civil society representatives at the national level. Through the efforts of Jamaica and Uruguay, civil society members have had significant input into the proposed Summit agenda and have made substantial contributions to the language proposed for inclusion in the final Summit Plan of Action. National Efforts The following is an illustrative list of significant actions that have been undertaken by national governments. In Argentina the role of civil society in public affairs has steadily increased thanks in large measure to a legal framework that guarantees great freedom for the creation and operation of NGOs. The number of volunteers in Argentina has grown as a result of the positive publicity surrounding President Menem's successful initiative to create an international 'White Helmets' volunteer corps. The Argentine government has placed increasing emphasis on engaging the academic world, the press, and NGOs in domestic sustainable development activities such as the management of protected natural areas. Argentina has also worked to integrate civil society into the foreign policy area, which traditionally was considered the exclusive province of the federal government. Belize has made important strides in operating the Official Charities Fund in a manner that maximizes transparency and financial accountability among social welfare and youth programs. Belize has also encouraged the active involvement of beneficiaries of these programs in development initiatives, including those operated through the Social Investment Fund, the Sustainable Human Development Program, and the Overseas Development Agency. In Brazil there are approximately 170,000 registered civic associations that have a significant interest in government activities. In December 1995 a large national forum on the role of civil society was held, attended by representatives of the federal government, state governments, NGOs, the Inter-American Development Bank, international agencies, the private sector, and several national foundations. The forum made a series of recommendations to strengthen civil society in Brazil, including the establishment of a 'Brazilian Network for the Organization of Civil Society.' Bolivia has continued to expand and strengthen activities under its model Popular Participation Law, which established a national Secretariat for Popular Participation and seeks to integrate civil society into all levels of sustainable development decision-making. In 1997 the Secretariat introduced a Program of Strategic Actions in Natural Resources, Environment and Planning for La Paz, and has offered institutional support for public participation programs at the regional level as well. Canada has markedly expanded its efforts to engage the public in policy decision-making. The Canadian Centre for Foreign Policy Development was created in 1996 to help Canadians outside government contribute to the development of Canadian foreign policy. In 1996 and 1997, Canada involved civil society to an exceptional degree in conferences at Geneva and Ottawa on the effort to secure a global ban on land mines. At the Ottawa conference, Ministers and officials shared plenary and ued a Program to Eradicate Poverty as a basic instrument to support policies and programs that will transform relations between the state and civil society. The new program recognizes the state's role as 'facilitator' and the vital importance of participation by all social and economic sectors, including industrial and business organizations and NGOs. Ecuador has also given special attention to increasing the participation of indigenous populations, Afro-Ecuadorians, women and youth in government decision-making. As part of a new Local Government Reform Programme, Jamaica has established a National Advisory Council on Local Government and collateral local councils comprised of political parties, trade unions, the private sector, the NGO community, and women and youth organizations. Jamaica has also implemented a National Policy and Programme for Poverty Eradication, which focuses on project identification and implementation through community partnership and consensus. Moreover, the Jamaican Government has established an NGO Portfolio to coordinate NGO/government relations. In 1996 Jamaica published a Directory of NGOs Engaged in Social Development in Jamaica. The Directory is serving to facilitate interaction among the 114 NGOs listed in it and between them and the Government of Jamaica. Jamaica recently turned over operational management of its two national parks to NGOs. Mexico modified its Federal Code of Institutions and Electoral Processes to create a basis for the participation in decision-making by organizations with a political character through the Agrupación Politica Nacional. Mexico has also passed and begun to implement the December 1996 Law of Ecological Equilibrium and Protection of the Environment, which includes provisions that guarantee the participation of private persons, individually and collectively, in environmental protection efforts. In 1996 the Mexican Senate established a Subcommittee on the New Relationship of Government with Civil Society with a view to encouraging the participation of civil society in government decision-making. The Subcommittee held a number of workshops on ways of involving civil society in public policy to a greater degree. Nicaragua has worked to ensure high levels of civil society participation in efforts to combat poverty and generate jobs. In May 1997, Nicaragua enacted a Law of Juridical Not-for-Profit Persons, which regulates the formation and operation of NGOs. Trinidad and Tobago established a Community Development Fund with a loan from the IDB designed to encourage NGO participation in community based efforts to provide basic social services and improve community infrastructure. The Fund, which is available to community groups acting collectively, represents a landmark effort to engage civil society in social policy and to build a capacity for collective action. In the United States, President Clinton joined three former Presidents and retired General Colin Powell in April 1997 for the Presidents' Summit for America's Future. The Summit's goal was to call Americans to a new level of civic action to help millions of disadvantaged and at-risk children. The President's Council on Sustainable Development has continued to function as a joint public-private advisory entity that integrates civil society into development decision-making. The United States enacted tax law changes that (a) increase the financial transparency of public charities and other tax-exempt organizations; (b) protect charitable organizations from losing their tax-exempt status because of wrongdoing by individuals associated with them; and (c) promote the ability of tax-exempt organizations to receive funds from private donors. The U.S. Government has involved citizens groups and NGOs in its implementation of the Miami Summit Plan of Action, notably by including the private sector in the Denver Trade and Commerce Forum in May 1995, by inviting NGO representatives to the meeting of science and technology ministers in Cartagena, Colombia in March 1996, and by utilizing inputs from many NGOs in formulating U.S. negotiating priorities for the December 1996 Summit on Sustainable Development in Santa Cruz, Bolivia. Uruguay has worked to integrate public interest organizations into efforts on structural poverty and other key issues, and has sought to develop a social dialogue between civil society and the highest levels of government. Uruguay has also worked to integrate NGOs into its regional and international activities. II. Future Steps
******* The text of Initiative 3 follows: 3. Invigorating Society/Community Participation A strong and diverse civil society, organized in various ways and sectors, including individuals, the private sector, labor, political parties, academics, and other non-governmental actors and organizations, gives depth and durability to democracy. Similarly, a vigorous democracy requires broad participation in public issues. Such activities should be carried out with complete transparency and accountability, and to this end a proper legal and regulatory framework should be established to include the possibility of obtaining technical and financial support, including from private sources. Governments will:
Promoting Cultural Values Action Initiative 4 I. Actions Taken Since December 1994 In its capacity as Responsible Coordinator for the Miami Summit initiative on Promoting Cultural Values, Costa Rica began hosting an Exhibition on Cultural Values of the Americas (Exhibición Valores Culturales de las Américas) in San José in March 1998. On display are photographs, handicrafts, and videos on the culture of each of the Summit countries. Many governments have taken important national actions in the cultural area. Bolivia has created an organization to carry out cultural activities among the various ethnic and linguistic groups in the country. Chile is helping each of the 13 regions of the country to develop its unique cultural traditions and has stressed the importance of bringing culture to economically disadvantaged people. In the United States, the White House announced a multi-year Millennium Program to celebrate the achievements of the 20th Century and to preserve the national cultural heritage for future generations. Mexico signed international agreements with Belize, El Salvador, Guatemala, Peru, and the United States on combating illegal traffic in archaeological artifacts and on the preservation and maintenance of archaeological areas. The United States signed agreements with El Salvador, Guatemala and Peru instituting restrictions on the importation of unregistered archeological and cultural artifacts into the United States. The OAS enhanced its commitment to the promotion of cultural values, approved a new Inter-American Program of Culture, and established a new Office of Cultural Affairs with a strong 16 point mandate to foster the promotion and preservation of the cultural heritage of the Americas. National Efforts Costa Rica In its capacity as Responsible Coordinator for the Miami Summit initiative on Promoting Cultural Values, Costa Rica began hosting an Exhibition on Cultural Values of the Americas (Exhibición Valores Culturales de las Americas) in San José in March 1998. The exhibition is designed to reflect the cultural values of the countries that participated in the Miami Summit of the Americas. On display are photographs, handicrafts, and videos on the culture of each of the Summit countries. A report on this exhibition will be sent to every diplomatic mission accredited in San José. Costa Rica has developed a program to investigate and conserve buildings and other sites of cultural value throughout the country. It has further developed an education and public information program to make people aware of their cultural patrimony and the need to protect it. Costa Rica has stressed that preservation of cultural patrimony is a shared responsibility among the state, civil society, and the people. Special efforts are being made to involve young people in the cultural life of the country. Barbados Barbados recently assumed the responsibilities of the Secretariat pro tempore of the Forum of Ministers of Culture and Officials Responsible for Cultural Policy in Latin America and the Caribbean. In that capacity, Barbados is preparing activities leading to the 10th meeting of that group. This task is in addition to the responsibility Barbados has for the coordination of cultural programs of the Association of Caribbean States. Projects being carried out in these contexts are: (a) the establishment of a cultural database (Sistema de Información Cultural de Latinoamerica y el Caribe¯SICLAC) that will be available on the Internet and that will provide information on the cultural heritage of the Americas; and (b) a 'cultural integration' project designed to bring the people of the Americas closer together by encouraging them to learn the languages spoken in the Western Hemisphere. Bolivia Bolivia has created an Intercultural Relations Unit to organize activities among various cultural, ethnic, and linguistic groups within the country. An international cultural exchange program called Casa de los Pueblos has established centers throughout Bolivia for the strengthening of non-governmental cultural relations with foreign countries as a 'people-to-people' effort. Chile Chile's cultural policy stresses the concept of decentralization, which means helping each of the 13 regions of the country to develop its potential and its own unique culture and traditions. Chile also emphasizes the importance of bringing culture to economically disadvantaged people, not as a luxury but as an essential part of life. The Government promotes a program called 'cultural street corners' (Esquinas Culturales), featuring cultural activities in outdoor public places. Government policy also stressed the importance of the cultural dimension in formal , and the United States on combating illegal traffic in archaeological artifacts and on the preservation and maintenance of archaeological areas. In addition, Mexico has established a web site listing its cultural legislation (http://www.uam.mx/difusion/concul/leyes).Nicaragua The Nicaraguan Institute of Culture is supporting local and ethnic cultures of the Atlantic coast of the country in order to improve understanding among Nicaraguans. It is also providing material aid to elderly national artists and is helping to publicize their works. The Dominican Republic The Presidential Council of Culture coordinates cultural affairs and is laying the groundwork for the establishment through legislation of a national Department of Culture (Secretaría de Estado de Cultura). Cultural projects underway or planned include (a) creation of a national system of literary workshops; (b) establishment of provincial and municipal houses of culture and regional cultural centers; (c) creation of a system of child and youth symphony orchestras; and (d) an inventory of national patrimony. In 1997, the Dominican Republic established an Internet web site that provides information on cultural activities in the country. United States Thousands of public-private partnerships in the United States further cultural values, and the number grows daily. Examples range from community public broadcasting services and innumerable programs supported in part by the National Endowment for the Arts and the National Endowment for Humanities, to ad hoc local government partnerships with citizen and church groups. In August 1997, the White House announced a multi-year Millennium Program to celebrate the accomplishments of this century, engaging every sector of U.S. society in conveying the American heritage to future generations. By focusing on culture, scholarship and scientific exploration, the White House Millennium Program provides opportunities to learn more about history and preserve the national cultural heritage. The United States signed agreements with El Salvador, Guatemala and Peru, instituting import restrictions on unregistered archeological and cultural artifacts into the United States. Discussions continue with these and other countries to find better means to protect cultural property and to enhance knowledge and appreciation of indigenous cultures and cultural artifacts. U.S. Information Agency (USIA) each year funds visits to countries of the hemisphere by approximately 200 U.S. speakers and academic specialists. The U.S. visitors share with audiences experiences in such areas as museum management, university administration, and the arts. U.S. government broadcasts via 'Worldnet' to the Hemisphere feature topics such as library management, preventing the transfer of illegally acquired art, Latin American film industry growth, cultural fund raising and jazz developments. Voice of America broadcasts also address a wide variety of cultural topics. The Partners of the Americas and Sister Cities International programs consist of partnerships between individual U.S. states and municipalities and other countries and municipalities. Areas addressed include exchanges of performing, visual and folk artists, and the development of linkages among libraries, museums and other cultural centers in order to promote understanding and appreciation of the Hemisphere's rich cultural heritage. The Smithsonian Institution has several dozen scientific, artistic and cultural research projects ongoing with Central and South America, and a variety of other cultural programs operating in the Hemisphere, some in coordination with the OAS. The American Dance Festival sponsors workshops, training and performances, and develops linkages with dance groups in Latin America and the Caribbean. Uruguay The cultural division of the Ministry of Education and Culture has been restructured with a view to improving the promotion of cultural values. The cultural division now has four sections, one for each cultural area, as follows: Theater Arts, Plastic Arts, Letters, and Musical Arts. Uruguay has also taken steps to improve its system of libraries, museums, and houses of culture. OAS Efforts In response to the Summit mandate, guidance provided by the 1995 OAS General Assembly on strengthening the inter-American system included a call for a broader OAS role in promoting and disseminating culture. The 1996 OAS General Assembly reiterated the importance of culture for the integral development of the member states as well as the need for the OAS to strengthen and enhance the Inter-American Program of Culture. The General Assembly entrusted the General Secretariat with the task of submitting quarterly reports on the implementation of the cultural program of the OAS. That mandate was renewed by the 1997 General Assembly. The Inter-American Council for Integral Development (CIDI), at its second regular session held in Mexico in April 1997, approved a Strategic Partnership for Development Plan 1997-2001, which includes cultural development among the priorities of the OAS. CIDI reaffirmed the commitment of member states to prepare and adopt a new Inter-American Program of Culture. Recognizing that the greatest wealth of a region is its people and their diverse cultural expressions, the Third Regular meeting of CIDI in Buenos Aires in March 1998 approved the new Inter-American Program of Culture (PIC). The PIC establishes the strategic areas of action of the OAS in promoting the cultural development of the Hemisphere. The Program, which takes its mandates from the Miami Summit and the OAS General Assembly, will concentrate on four areas of action: (1) cultural diversity; (2) the dissemination and protection of the Hemisphere's cultural heritage; (3) the training of human resources and the encouragement of creativity; and (4) the promotion of cultural tourism. In an effort to enhance the efforts of the OAS in cultural matters, the Secretary General created the Office of Cultural Affairs on April 30, 1997, replacing the old Department of Cultural Affairs. The new Office was given a broad, 16 point mandate. The following is a partial, illustrative list of the tasks, presented here in abbreviated form:
In the brief period of its existence, the Office of Cultural Affairs has carried forward and built on the work of its predecessor organization, the Department of Cultural Affairs. The Office has performed technical analyses of cultural projects submitted by member states on such varied issues as library user information for indigenous communities (Peru), restoration of heritage furniture (Panama), and research on and documentation of heritage dances (Domnica). It has participated in numerous meetings on cultural matters, including a meeting of the Directors of Cultural Preservation in Cartagena de Indias in May 1997, the 56th Session of the Advisory Committee of the International Council of Museums in Paris in June 1997, and a meeting of Business Volunteers for the Arts in Sacramento, California in September 1997. The Office has also sponsored publications springing from activities carried out under the former Regional Cultural Development Programs. Examples are:
Since 1994, the OAS has produced a number of videos as part of its program to disseminate information about the Americas. They are designed primarily for schools and colleges, museums, NGOs, and community groups. The following are examples:
II. Future Steps Recommended actions include:
******* The text of Initiative 4 follows: 4. Promoting Cultural Values Cultural development is a fundamental and integral component of development in the Americas and has an inherent capability to enrich our societies and to generate greater understanding among our countries. In order to promote cultural values, governments will:
Action Initiative 5 (The President of the Republic of Venezuela, Rafael Caldera, proposed the anti-corruption initiative and specifically recommended an Inter-American Convention Against Corruption.) I. Actions Taken Since December 1994 The Inter-American Convention Against Corruption, a direct result of the Miami Summit and the first of its kind in the world, was negotiated in record time and has already been signed by 23 OAS member states and ratified by nine. In another hemispheric effort in 1997, governments approved the Inter-American Program for Cooperation in the Fight Against Corruption. In December 1997, Argentina, Brazil, and Chile joined the 29 OECD member countries (including Canada, Mexico, and the United States) in signing a newly established OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. At the national level, many governments have taken specific anti-corruption measures, including the passage or strengthening of legislation against corruption and the approval of codes of ethics for public officials. Further such national efforts are planned. Negotiation and Signature of Inter-American Convention Only one month after the Summit¯on January 11, 1995¯the Venezuelan representative to the OAS submitted to the Permanent Council a Draft Inter-American Convention Against Corruption. During the 25th Regular Session of the OAS General Assembly in Haiti in June 1995, delegates adopted a resolution entitled 'Integrity and Public Ethics,' which included an approved schedule of work on the Inter-American Convention. Based on this mandate, the OAS Working Group on Probity and Ethics prepared a new draft text, which incorporated the comments of Summit governments and which was submitted to the Inter-American Juridical Committee of the OAS. That Committee provided a timely response in the form of an alternative draft, which served as a basis for subsequent meetings by a group of experts from Summit governments. Following three meetings of the group of experts (from November 1995 to March 1996), a text was approved, which, after minor modifications, became the Inter-American Convention Against Corruption. It was signed by 21 governments at a meeting in Caracas on March 29, 1996 and by two in June 1996. Thus far the Convention has been ratified by nine Summit states. Content of the Convention The Convention is a comprehensive 28-article document that outlines a series of firm commitments by the States Parties. The following are examples:
Other Hemispheric and Global Efforts The 1997 OAS General Assembly in Lima approved the Inter-American Program for Cooperation in the Fight Against Corruption. The Program calls for the improvement of legal instruments for combating corruption, the strengthening of institutions involved in the anti-corruption effort, the intensification of contacts with other international organizations, and the participation of civil society in anti-corruption initiatives. The Inter-American Juridical Committee of the OAS is drawing up model anti-corruption legislation for the consideration of governments and plans to submit the results of its work to governments in March 1998. In order to facilitate work on anti-corruption legislation, the OAS Secretariat of Legal Affairs maintains a documentation center listing anti-corruption legislation that already exists in many countries of the Hemisphere. In response to one of the Summit mandates, the OAS has established contact with the OECD Working Group on Bribery in International Business Transactions, and the OAS Secretariat of Legal Affairs is exchanging information with the OECD on means of mounting a more effective anti-bribery effort in the Western Hemisphere. In December 1997, Argentina, Brazil, and Chile joined the 29 OECD member states and two other non-member states¯Bulgaria and the Slovak Republic¯in signing a newly established OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The Convention sets forth a standard for effective national laws to criminalize bribery of foreign public officials as well as a basis for international judicial cooperation. Most countries of the Hemisphere are implementing integrated financial management systems to improve accountability and transparency in the area of public resources. National Efforts Argentina is vigorously implementing its 1992 Financial Management and Control Law. A National Office of Public Ethics has been established and a Code of Ethics has been drafted. In Brazil the Senate has passed a bill, now awaiting presidential approval, that would criminalize money laundering and create a Council for the Control of Financial Activities under the Finance Ministry. In addition, the government has prepared a Code of Professional Ethics for Public Officials of the Federal Government. Bolivia is developing a forensic auditing capability under a project financed by the World Bank. A National Integrity Workshop was held in Bolivia in March 1998 in cooperation with the World Bank's Economic Development Institute. In February 1995, Canada approved a Code of Conduct and Conflict of Interests, which regulates the conduct of employees of the Department of Foreign Affairs and International Trade. In Chile a National Committee on Public Ethics, established in 1994, has made 41 proposals to improve public ethics, most of which have been implemented. Internal audit units have been established in every government ministry over the past three years, and the Congress is considering six anti-corruption bills. In Colombia an Anti-Corruption Statute was approved in 1995. In 1996 a Presidential Program called the Transparency Plan was introduced aimed at reforming the management of government based on three essential principles¯government responsibility, administrative transparency, and corruption control. The administrators of the Transparency Plan are conducting a campaign on administrative ethics at all levels of government, and their work is being supplemented by the efforts of the National Commission on Integrity and the Citizens' Commission for Combating Corruption. In the Dominican Republic, an IDB-funded project has strengthened the Prosecutor's office and focused the attention of civil society on anti-corruption issues. In Ecuador, an Anti-Corruption Commission has been established to investigate corruption. In El Salvador the Ministry of Justice is drafting a law to create a code of conduct for public officials and a legislative subcommittee is investigating means of making political campaign funding more transparent. In addition, the Government has established an office to receive citizen complaints of corruption by public officials. In Paraguay the Office of the Comptroller General of the Republic and the Bicameral Committee on Illicit Activity of the National Congress are engaged in the anti-corruption effort. The city of Asuncion has passed a 'sunshine law,' which authorizes citizen access to municipal records. In December 1996, Peru enacted a new banking reform law designed to fight corruption, and in July 1997, Peru approved a Code of Ethics of the Public Prosecutor, which sets forth principles that will guide the work and personal conduct of all public prosecutors. The Comptroller General's Office has established comprehensive procedures for citizen complaints about corruption and inefficiency in government. In Mexico the basic law on Public Administration was amended, and thereby improved, in 1996. Internal regulations of the Office of the Comptroller General and Administrative Development were approved in April 1995. In the United States, significant resources have been devoted to assisting governments in the Hemisphere to implement the Inter-American Convention Against Corruption, including through the establishment of national ethics offices. The U.S. Government has taken every opportunity to publicize, domestically and internationally, the importance of this Convention. The United States is exchanging information with Argentina related to its recent establishment of an Ethics Office. The United States has provided support to the Berlin-based Transparency International NGO and to many other NGOs and associations that are active in the Hemisphere in the fight against corruption and in the improvement of public sector financial management. Bribery of foreign officials by U.S. businessmen has long been criminalized by the Foreign Corrupt Practices Act. In 1996, the U.S. Departments of State and Commerce agreed to require U.S. businesses to certify that they and their affiliates have not bribed and will not bribe officials, and that they will maintain policies to that effect, before the U.S. Government will provide advocacy assistance. Similar commitments are required by the Department of Commerce from companies participating in official trade missions. The U.S.-initiated U.N. Declaration on Corruption and Bribery in Transnational Business Transactions was passed by General Assembly consensus in December 1996. Within the WTO the United States is seeking to ensure that the international procurement process is open and transparent. At the December 1997 Singapore WTO Ministerial, the United States obtained agreement for the WTO to study a possible arrangement on transparency, due process, and openness in government procurement. In order to promote the values underlying the transnational anti-corruption effort, the U.S. Government has participated in conferences in the U.S. with anti-corruption on the agenda that have involved the American Bar Association, the International Association of Lawyers, and the Inter-American Bar Association. The United States has also taken part in panel discussions on anti-corruption themes at international conferences. These included, in 1996, a U.S.-funded 'Respondacon III' teleconference and, in 1997, the 8th International Anti-Corruption Conference and a 'Respondacon IV' teleconference, both in Lima, and a conference in Mexico focused on the role of primary and secondary education in combating corruption. In Venezuela, the post of Presidential Commissioner for Public Administration Oversight was established by decree in January 1995. The functions of the Presidential Commissioner include making recommendations to the Executive Branch on measures to reform government and make it more effective. He may act on the basis of complaints or press reports or on his own initiative. His recommendations are submitted to the President of Venezuela and to the appropriate senior official. They can also be sent to other entities, including the Office of the Comptroller, the Office of the Public Prosecutor, the Courts, and the Technical Judicial Police. In June 1996 the Presidential Commissioner announced a National Plan for a Commitment to Anti-Corruption Through Education. Also in Venezuela, a Code of Ethics for Public Officials has been drafted and reviewed and will soon be presented to the President for his approval under a Regulatory Decree. II. Future Steps Key steps should include:
******* The text of initiative 5 follows: 5. Combating CorruptionThe problem of corruption is now an issue of serious interest not only in this Hemisphere, but in all regions of the world. Corruption in both the public and private sectors weakens democracy and undermines the legitimacy of governments and institutions. The modernization of the state, including deregulation, privatization and the simplification of government procedures, reduces the opportunities for corruption. All aspects of public administration in a democracy must be transparent and open to public scrutiny. Governments will:
Combating the Problem of Illegal Drugs and Related Crimes Action Initiative 6 I. Actions Taken Since December 1994 Through a series of coordinated actions, the Summit governments have launched an unprecedented offensive against drugs and related crimes. The Summit partners have developed new and creative hemispheric initiatives, including an Anti-Drug Strategy for the Hemisphere, a coordinated action plan to combat money laundering, and a convention against illicit firearms. Illicit coca cultivation has been reduced by 40 percent in Peru and in the Andes as a whole by at least 10 percent. Major drug kingpins have been arrested in Bolivia, Colombia, Peru, and Mexico. In the United States overall drug use is declining, and the proposed U.S. anti-drug budget for 1999 is the largest in history. Hemispheric and Global Initiatives The Hemisphere has been successful in defining and agreeing on a common set of standards and principles for use in guiding and focusing all anti-drug efforts. The following are examples of success in this area:
Sub-Regional Efforts Governments have undertaken other important initiatives at the sub-regional level. For example, the May 1997 Central American and Caribbean summits, which were attended by President Clinton, provided a strong impetus to narcotics control and law enforcement in those regions. In August 1997, U.S. Attorney General Janet Reno and the Director of the U.S. Office of National Drug Control Policy, General Barry R. McCaffrey, chaired a Central American Ministerial Conference in Washington that resulted in pledges to work together to make the region's legal systems more mutually compatible and to forge alliances that transcend traditional donor/recipient bilateral relations. As for the Caribbean area, the U.S. Government and CARICOM have agreed to form a joint committee on justice and security matters to further their cooperation on common concerns in these areas. In addition, the Caribbean countries are considering a draft regional maritime counterdrug agreement that would broaden the legal basis for maritime cooperation. Bilateral Efforts Countries have also developed important bilateral initiatives to address particular concerns. The United States and Mexico, for example, have established a Cabinet-level contact group that meets routinely to coordinate national drug policies and strategies. It has improved efforts in the areas of operational planning and information sharing. The several Eastern Caribbean states that comprise the Regional Security System (RSS) are improving cooperative maritime operations against drug smugglers, and the RSS model is being considered by the wider Caribbean region for maritime law enforcement cooperation. Peru and Colombia are cooperating in tracking down fugitive traffickers who cross the borders from each of the two countries. National and Collective Actions Anti-Money Laundering Efforts: Almost all of the 34 Summit countries have taken positive steps to implement the money laundering provisions of the Buenos Aires Communiqué. At least ten countries have passed legislation or issued regulations giving effect to the Communiqué in some respect, another seven have introduced new or amending legislation or regulations, and six additional countries are in the process of drafting new or amended legislation and regulations. Eight Summit governments have signed Mutual Legal Assistance Treaties with the United States. CICAD has reconvened its Experts Group on Money Laundering to assist members in implementing the provisions of the Communiqué. The Inter-American Development Bank is helping fund a CICAD program to prevent money launderers from undermining the region's financial institutions. Also, the Caribbean Financial Action Task Force (CFATF) has accelerated its anti-money laundering initiatives, including a rigorous mutual evaluation program. Finally, CFATF is the leading candidate to implement a comprehensive regional anti-money laundering training and technical assistance program, jointly funded by the European Union and the |