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Resolution of the Organization of American States (OAS) at its Fifty-Fourth Regular Session
Strengthening Democracy
(Approved at the fourth plenary session held on June 28, 2024)
“TWENTY-FIFTH ANNIVERSARY OF THE CREATION OF THE CENTER FOR JUSTICE STUDIES OF THE AMERICAS (CEJA)”
NOTING that the Charter of the Organization of American States (OAS) proclaims that one of its aims is to achieve an order of peace and justice;
RECALLING that at the Second Summit of the Americas held in Santiago, Chile, in April 1998, the Heads of State and Government agreed to the creation of the Justice Studies Center of the Americas (JSCA), an OAS body specializing in justice systems, to facilitate the improvement of human resources, the exchange of information and other forms of technical cooperation in the Hemisphere;
RECALLING that, on November 15, 1999, by resolution number AG/RES.1. (XXVI-E/99), the OAS General Assembly approved the statutes of the Justice Studies Center of the Americas (JSCA), with the mandate to collect and disseminate information on national experiences of modernization and reform of justice systems in the region; conduct comparative analyses, research and studies on justice; facilitate the dissemination of research and studies on justice issues in the Americas; facilitate the training of human resources of justice systems and the improvement of existing mechanisms for this purpose in the countries of the Hemisphere, among others;
WHEREAS the twenty-fifth anniversary of the creation of the Justice Studies Center of the Americas (JSCA) will be celebrated during the year 2025;
Highlighting the value that the Justice Studies Center of the Americas (JSCA) has for strengthening democracy and the rule of law in the Hemisphere; being recognized by States and judicial systems for its technical excellence in promoting, training, and monitoring justice reforms to guarantee orality, transparency, speed, and equality for all persons; as well as its effectiveness in the prosecution and adjudication of crime, corruption, and violence in the Continent; and
RECOGNIZING that the commemoration of CEJA’s twenty-fifth anniversary in 2025 is relevant to the generation of a roadmap aimed at increasing its visibility, collaborative work with other OAS bodies and institutional sustainability;
RESOLVE:
- To officially commemorate, during the first half of 2025, the twenty-fifth anniversary of the creation of the Justice Studies Center of the Americas (JSCA), incorporating said commemoration into an ordinary session of the Permanent Council.
- To recognize the value that the Justice Studies Center of the Americas (JSCA) brings to the strengthening of democracy, the rule of law, and the improvement of justice systems in the Americas.
- To invite the States, the General Secretariat, the Secretariat for Multidimensional Security, the Department against Transnational Organized Crime, the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights and other relevant bodies, agencies and entities of the Organization, within the framework of their respective competencies, to develop collaborative work processes with the Justice Studies Center of the Americas (JSCA), to generate synergies that contribute to their common goals, considering the value and experience of this organization in the justice systems of the Hemisphere.
- To task the Executive Directorate of CEJA with formulating a roadmap aimed at increasing the visibility, collaborative work with other OAS bodies and the institutional sustainability of the Justice Studies Center of the Americas (CEJA), which will be presented at the regular session of the Permanent Council during the first half of 2025.
AG/RES. 1 (XXVI-E/99) (Adopted at the second plenary meeting, held on 15 November 1999)
THE GENERAL ASSEMBLY, HAVING SEEN the Report presented by the Chairwoman of the Special Group in Charge of Implementing the Recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas, at the session of the Permanent Council held on September 28, 1999 (CP/ACTA 1205/99);
WHEREAS: The Heads of State and Government, in the Plan of Action adopted at the Second Summit of the Americas held in Santiago, Chile, in April 1998, agreed to the “establishment of a Justice Studies Center of the Americas, aimed at facilitating the improvement of human resources, the exchange of information and other forms of technical cooperation in the Hemisphere, in accordance with the specific requirements of each country”; WHEREAS, on the occasion of the Second Meeting of Ministers of Justice, or of Ministers or Attorneys General of the Americas, held in Lima, Peru, in March 1999, the establishment of a group of government experts was recommended, open to the participation of all delegations, for the purpose of, among other matters, preparing a draft statute for the Justice Studies Center of the Americas;
WHEREAS: The Permanent Council, in April 1999, established the Special Group, under the Chair of Peru and the Vice-Chair of Costa Rica and Trinidad and Tobago, charged with implementing the recommendations of the Meetings of Ministers of Justice or Ministers or Attorneys General of the Americas; WHEREAS the General Assembly, through resolution AG/RES. 1615 (XXIX-O/99), supported and recognized “the progress that the Special Group of the Permanent Council has been making to facilitate meetings of government experts on the establishment of the Justice Studies Center of the Americas”; WHEREAS the Justice Special Group, in order to achieve the implementation of the recommendations emanating from the Second Meeting of Ministers of Justice, or Ministers or Attorneys General of the Americas, held four meetings of government experts to prepare a draft statute for the Justice Studies Center of the Americas;
HAVING APPROVED the Draft Statute of the Justice Studies Center of the Americas, in session held on September 28, 1999; and
RECOGNIZING the work of the Special Group in charge of implementing the recommendations of the meetings of Ministers of Justice or Ministers or Attorneys General of the Americas, in the preparation of the draft Statute of the Justice Studies Center of the Americas, which allowed, within the established timeframe and with efficiency, the conclusion of the entrusted negotiations,
RESOLVES: To establish the Justice Studies Center of the Americas and to adopt the following:
Chapter I Of Nature
Article 1 The Justice Studies Center of the Americas (hereinafter “the Center”) is an intergovernmental entity, with technical and operational autonomy, established by resolution of the General Assembly of the Organization of American States (hereinafter “OAS”), in compliance with the mandates contained in the Action Plan of the Second Summit of the Americas (Santiago, April 1998) and the recommendations adopted at the Meetings of Ministers of Justice or Ministers or Attorneys General of the Americas (hereinafter “REMJA”).
Article 2 The Center is governed by this Statute and its Regulations. Its activities will be carried out in accordance with the guidelines contained in the conclusions and recommendations of the REMJA and, as appropriate, may be guided by the relevant mandates from the Summits of the Americas and the resolutions of the OAS General Assembly.
Chapter II On the objectives and functions
Article 3
The objectives of the Centre are the following:
- Facilitate the improvement of human resources;
- Facilitate the exchange of information and other forms of technical cooperation,
- Facilitate support for the reform and modernization processes of justice systems in the region.
Article 4
The functions of the Center are, among others, the following:
- To serve for the collection and dissemination of information on national experiences relating to the modernization and reform of justice systems in the region;
- To conduct comparative analyses, research and studies on justice issues, and to facilitate their dissemination;
- Facilitate the dissemination of research and studies on justice issues in the Americas;
- Facilitate the training of human resources in justice systems and the improvement of existing mechanisms for this purpose in the countries of the Hemisphere;
- Facilitate the dissemination of information on teaching methods, model curricula and auxiliary teaching elements for the human resources of the justice systems;
- Facilitate the dissemination of relevant information about courses, seminars, scholarships and training programs; and
- Support cooperation efforts related to justice systems in the Hemisphere.
Article 5.
In order to fulfill its functions, the Center shall take into account the different legal systems in force in the Hemisphere and, where possible, shall use information technology as technical support to assist its operation. It shall also consider the activities carried out in this area at the international, regional, and subregional levels, in order to promote collaboration and avoid duplication of efforts.
Article 6
In the event that the REMJA is not held in a certain year or period, the powers and functions assigned to the REMJA by this Statute shall be performed by the General Assembly of the OAS.
Chapter III On the composition and headquarters
Article 7 All member states of the OAS are members of the Center.
Article 8. Permanent Observers to the OAS and any national or international, governmental or non-governmental organization specializing in the subject matter may become associate members of the Center, in accordance with the terms and conditions established in its Regulations. Associate members may participate in all the activities of the Center. They may also participate in the meetings of the Governing Board with voice but without vote.
Article 9 The organizational structure of the Center shall consist of the Governing Council, the Executive Directorate and the advisory groups established in accordance with this Statute.
Article 10. The Center may enter into cooperation agreements with OAS member states and other states, as well as with international, national, governmental, or non-governmental organizations, among others. Such agreements shall be approved by the Governing Council and deposited with the OAS General Secretariat, and shall specify the conditions and modalities of participation in the Center’s activities, as well as the rights and obligations of the parties.
Chapter IV The Board of Directors
Article 11
- The Governing Council shall represent the different legal systems of the Americas and, where possible, the various sectors of the legal community. Gender parity shall be sought in the election of its members. The means and procedures for ensuring representation on the Governing Council of the host institution and of the Center’s associate members shall be determined by REMJA based on the recommendation of the Governing Council.
- The members of the Board of Directors will serve for a period of three years and, in any case, may not be re-elected for more than one consecutive period.
- Vacancies arising from causes other than the normal expiration of the term of office will be filled at the next session of the OAS General Assembly.
- Candidates for the Board of Directors will be individuals of high moral character and distinguished service records in the fields of law, social sciences, education or public affairs, who have made significant contributions to the formulation or implementation of reforms in the justice systems of their countries.
- The Governing Council should represent the different legal systems of the Americas and, where possible, the different sectors of the legal community.
Article 12
The functions of the Board of Directors are as follows:
- To appoint the Executive Director of the Center and set their remuneration, with the approval of REMJA, and to ensure that the Director implements the relevant conclusions and recommendations adopted by REMJA. It will also have the power to remove the Executive Director;
- Supervise the proper management of the Executive Directorate;
- Approve the draft annual work plan in accordance with the REMJA guidelines and submit the medium and long-term work plans to it;
- Approve the Center’s annual program-budget and submit to REMJA the proposals for medium and long-term financial policies;
- Appoint an external auditor and examine the external audit of the financial statements submitted annually by the Chief Executive Officer;
- To draft, approve and amend the Center’s Regulations;
- Establish, in consultation with the Executive Directorate, the advisory groups that it considers necessary for the fulfillment of the Center’s objectives;
- Perform all other functions entrusted to you by REMJA;
- To inform the OAS member states through REMJA, associate members and advisory groups about the activities of the Center and to submit an annual report to the OAS General Assembly; and
- Authorize the establishment of funds and accounts necessary for the operation of the Center.
Article 13
- The Board of Directors will meet at least once a year at the Center’s headquarters.
- All OAS member states shall have the right to participate in Council meetings with voice but without vote.
- The advisory groups provided for in Article 15 of this Statute will be invited to participate in the meetings with voice but without vote.
- The President of the Board of Directors will be elected by an absolute majority of the members of said Board for the period determined by the Regulations.
- The necessary quorum will consist of an absolute majority of its members.
- In the Board of Directors, each member will have one vote. The Board of Directors will make every effort to reach its decisions by consensus. When it is not possible to reach decisions by consensus, the Board will adopt them by a majority vote of the members present.
Chapter V
The Executive Directorate
Article 14
- The Executive Directorate will be the operational body of the Center. It will be composed of a Director and their staff.
- The Executive Director of the Center must have the professional, academic and administrative profile necessary for the full fulfillment of the Center’s responsibilities.
- The Chief Executive Officer:
- He will be responsible for the day-to-day operations of the Center, including all personnel decisions and the implementation of policies approved by REMJA, in accordance with the guidance provided by the Board of Directors;
- He will take steps to mobilize the necessary financial resources to implement the Center’s work plan;
- He will prepare and present to the Board of Directors the draft work plan and the annual program-budget of the Center, including projections for the medium and long term;
- It will implement the annual work plan with the resources included in the annual program-budget and any other resources obtained for this purpose;
- It will promote and exercise the representation of the Center;
- He will serve as Executive Secretary of the Board of Directors; and
- It will regularly report on the status of projects and activities and the results achieved in their execution, the administration of the Centre and on the specific funds and other resources entrusted to the Centre.
- The Executive Director of the Center will hold office for a period of four years, renewable only for one consecutive period.
- The Executive Directorate will operate at the Center’s headquarters.
Chapter VI
The advisory groups
Article 15. The Advisory Groups established in accordance with Article 12(g) may operate at a location other than the Center. The requirements and terms of reference for their establishment will be set forth in the Regulations.
Article 16 The results and conclusions of the advisory groups regarding the topics assigned to them will be transmitted to the Board of Directors, through the Executive Director of the Center.
Chapter VII Budget and Finances
The advisory groups
Article 15. The Advisory Groups established in accordance with Article 12(g) may operate at a location other than the Center. The requirements and terms of reference for their establishment will be set forth in the Regulations.
Article 16 The results and conclusions of the advisory groups regarding the topics assigned to them will be transmitted to the Board of Directors, through the Executive Director of the Center.
Chapter VIII Entry into force
Article 18 This Statute shall enter into force on the date of its approval by the General Assembly of the OAS and may only be amended by it.
Transitional provisions
First. The Center will develop in its first stage the topics related to criminal justice, seeking to take advantage of the experiences obtained in this matter by other organizations in the Hemisphere.
Second. The headquarters of the Center will be selected by REMJA based on the results of the evaluations and recommendations submitted by the Governing Council from among the headquarters offers presented by the member states. For this purpose, the Governing Council will evaluate the headquarters offers submitted by the member states in light of the following criteria, among others: institutional affiliation, financial and/or in-kind support, human resources, and other contributions or facilities that can be made available to the Center. Until a headquarters has been selected, the Center will operate at the OAS headquarters.
Third. For the first Board of Directors, three members will be elected for a period of three years, two members for a period of two years, and two members for a period of one year, determined by lottery.
Chapter I: General Rules
Article 1.
These Regulations govern the operation of the Justice Studies Center of the Americas (hereinafter “the Center”), whose Statute was approved by resolution AG/RES. 1 (XXVI-E/99) of the General Assembly of the Organization of American States (hereinafter OAS).
Article 2.
In case of conflict between the provisions of the Center’s Statute and these Regulations, the provisions of the former shall prevail.
Article 3.
Cases not provided for in these Regulations and not in the Center’s Statute shall be resolved by the Governing Council itself.
Chapter II: Composition
Article 4
The Governing Council is composed of seven members elected in their personal capacity by the OAS General Assembly from among the candidates nominated by its member states.
Article 5
The members of the Governing Council shall serve for a term of three years and, in any case, may not be re-elected for more than one consecutive term.
Article 6
The Governing Council shall be partially renewed in accordance with the provisions of the Statutes.
Article 7
The terms of office of the members of the Governing Council shall begin on January 1 of the year following their election by the OAS General Assembly.
Article 8
No more than one member of the Governing Council may be of the same nationality.
Article 9
Vacancies arising from causes other than the normal expiration of the term of office of the members of the Governing Council shall be filled by the OAS General Assembly. In this case, the person elected to fill the vacancy shall begin their term immediately and complete the term of their predecessor.
Article 10.
Before each election, whether to replace members whose terms have expired or to fill vacancies arising from other causes, the OAS General Secretariat, in accordance with the Statute of the Center, shall invite the governments of the member states to submit, at least 30 days in advance, if they so wish, their respective candidates, along with their biographical information, and shall immediately communicate this information to the governments. Subsequently, the General Secretariat shall submit to the General Assembly a list of the proposed candidates, arranged alphabetically by the nominating countries and accompanied by the respective biographical information of the candidates presented.
Chapter III: Presidency and Vice-Presidency
Article 11.
The President of the Board of Directors shall be elected by an absolute majority of the members of said body for a term of two years, or for the remainder of their term as a member of the Board, if shorter.
Article 12.
The Board of Directors shall elect a Vice-President by an absolute majority of its members, for a term of two years, or for the remainder of their term as a member of the Board, if shorter.
Article 13.
In the event of the President’s temporary absence, the Vice-President shall replace them. In the event of the President’s permanent absence, the Vice-President shall replace them for the remainder of the term, and a new Vice-President shall be elected for this purpose, following the same order of succession.
In the event of the permanent absence of both the President and the Vice-President, the Board shall elect an Interim President by an absolute majority of its members.
Article 14.
The President and the Vice-President may not be re-elected for an immediate consecutive term.
Article 15.
The election of the President and Vice-President shall be conducted in separate sessions and by secret ballot. To this end, the Executive Directorate shall provide each member with a ballot listing the names of all members of the Board of Directors. Each member shall mark one name with a cross. The incumbent President shall immediately proclaim as elected to the corresponding office the member who has obtained at least four votes. If no member obtains at least four votes in the first round, a second round of voting shall be held between the two members who received the most votes in the first round. The member who receives the most votes in the second round shall be elected.
Article 16.
The powers of the President are:
- To convene the Board of Directors for its meetings, in accordance with the Statutes of the Center and these Regulations;
- Open and close sessions and lead debates;
- Prepare the agenda and submit the matters included therein to the Board of Directors for consideration;
- Grant the use of the floor in the order in which it has been requested;
- To decide on points of order that arise in the debates of the Governing Council;
- To put to a vote the points under debate that require a decision and to announce the results, in accordance with the provisions of the Statutes of the Center and these Regulations;
- To inform the other members of the communications received from the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas (hereinafter “REMJAS”), from the Organs of the OAS, from the governments of the member States, from the members of the Governing Council, or others that in its opinion justify it;
- Represent the Board of Directors before other organizations, bodies, institutions and entities;
- Attend the sessions of the OAS General Assembly and the REMJAS.
- To act as an intermediary between members, or between members and other authorities, in all cases where required;
- To provide, verbally or in writing, the information requested by other members;
- To submit to REMJA a report on the work carried out by the Centre in a given period; and
- The others that the Statutes of the Center, these Regulations and those entrusted to them by the Governing Board.
Article 17
At the beginning of each ordinary session period, the Presidency shall submit a report to the Board of Directors on how, during the recess, it fulfilled the powers and functions conferred upon it by these Regulations, and shall submit to the Board of Directors for consideration the order of priority of the matters to be addressed.
Chapter IV: Functions
Article 18
The Governing Council, in order to implement the functions provided for in the Statute of the Center, may:
- To establish the general rules for the operation of the Executive Directorate and those that it considers necessary for the fulfillment of the obligations that the Statute entrusts to the Director.
- Specify, in an annex to this Regulation, the grounds for removal of the Executive Director.
- To establish, as appropriate, and in an annex to this Regulation, the terms of reference, conditions and requirements for:
- To approve the cooperation agreements entered into by the Center with the member states of the OAS and other states, as well as with international, national, governmental or non-governmental organizations, among others.
- The establishment and operation of advisory groups.
- The incorporation of national, international, governmental or non-governmental organizations as associate members of the Center.
Chapter V: Sessions
Article 19.
The Governing Council shall hold at least one regular session annually.
Article 20.
The Governing Council shall also hold extraordinary sessions when convened by the OAS General Assembly or by REMJA, or when the Council itself decides to do so in view of the importance and urgency of the matter or matters to be considered. The Chair shall issue the corresponding notice through the Executive Directorate.
Article 21.
When the Governing Council is in recess and one of its members proposes holding an extraordinary session, the Chair shall consult with the other members to determine if they agree to hold such a session. If at least four of the members agree, the Chair shall issue the corresponding notice through the Executive Directorate.
Article 22.
In the case provided for in the preceding article, the Chair shall list in the notice the matters to be considered. The Governing Council shall consider only the matters indicated in the notice.
Article 23
In special cases, the Governing Board may hold its sessions at any other location it designates, other than the Center’s headquarters, with the affirmative vote of at least four of its members. Prior to this, the agreement of the respective Member State must be obtained through the Executive Directorate, if necessary.
Article 24
When the Governing Board’s sessions are held outside the Center’s headquarters, the Board shall request the Government and private or public entities of the host country to provide the necessary support and services for the successful conduct of the meetings. To this end, the host institution shall endeavor to support the coordination of the tasks undertaken for this purpose.
Article 25
When the Governing Board decides to meet outside its headquarters, hold extraordinary sessions, or carry out any other activity that entails expenses, it shall request the Executive Directorate to take the necessary steps to secure the corresponding funds.
Article 26
Before adjourning each ordinary session, the Board of Directors shall set the date for the commencement of the next session. If this cannot be determined at that same meeting, this fact shall be recorded in the respective resolutions.
Article 27
During its recess, at the request of any of its members, the Board of Directors may decide, by a majority of five votes, in accordance with a consultation made by the Chair and through any means of communication, to change the date of an ordinary or extraordinary session that had been previously and duly established.
Article 28.
The extension of an ordinary session beyond the date originally established for its closing shall require the affirmative vote of at least five of its members.
Chapter VI: Meetings
Article 29.
At the beginning of an ordinary session, the Governing Council shall approve a work agenda. The topics to be addressed may be drawn from agreements adopted at the previous meeting or at the respective REMJA (Regional Meeting of Ministers of Justice and Justice). New items may be added to the agenda if supported by at least two members of the Council.
Article 30.
All OAS member states, as well as associate members, and the Executive Director of the Center shall have the right to participate in the meetings of the Governing Council with voice but without vote.
Article 31.
The Governing Council may invite to its meetings the advisory groups provided for in Article 15 of the Statute of the Center and those organizations linked to justice reform processes in the region, and request them to make presentations on topics within their competence.
Article 32.
Bodies, entities, or organizations not provided for in the preceding provisions and whose competence is related to the matters addressed by the Council may attend its meetings, with prior authorization specifically granted for that purpose by the President.
For this purpose, an application must be submitted to the Board at least fifteen days before the meeting the applicant intends to attend. Any rejection of this application must be justified and communicated to the applicant, with a record of the rejection being made at the beginning of the respective session.
Article 33.
Meetings of the Board of Directors will be recorded in summary minutes, which will include the date and time, the names of the members present and other participants, the matters discussed, the decisions made, and any statements expressly made for inclusion therein.
Article 34.
The final reports of the meetings held by the advisory groups will include, in summary, the information referred to in the preceding paragraph.
Chapter VII: Quorum and Voting
Article 35.
The quorum required for a meeting of the Board of Directors shall consist of an absolute majority of its members.
Article 36.
The Board of Directors may hold preparatory sessions with the presence of three of its members. Preparatory sessions shall be purely deliberative.
Article 37.
In the Board of Directors, each member shall have one vote. Decisions shall be adopted by a majority vote of the members present at the meeting in question, unless otherwise specifically provided.
Article 38.
Voting shall be by raising hands; however, any member of the Board of Directors may request a roll-call vote, which shall be taken in the order of precedence. Secret ballots shall be held in the cases and manner provided for in these Regulations. In all circumstances, the President may, with the agreement of the Board, propose another method for conducting the vote.
Article 39.
No member of the Board of Directors may interrupt a vote, except for a point of order relating to the manner in which the vote is being conducted.
Article 40
If they have announced it at the time of the vote, the members of the Board of Directors shall have the right to include a reasoned vote, favorable or dissenting, following the substantive decisions approved, the text of which they shall deliver within a period of no more than ten days.
Chapter VIII: Transitional Provisions
Article 41.
This Regulation shall enter into force on the date of its approval by the Board of Directors and may be amended by a majority vote of its members.
Annex: Regulations
for Associate Members of the Center.
Article 42.
All entities indicated in Article 8 of the Bylaws may be Associate Members of the Center, subject only to the limitations set forth in this Regulation and those imposed by their own internal regulations.
Article 43.
To become an Associate Member of the Center, an application must be submitted to the Executive Director, stating at least the following:
- The institutional background of the applicant entity, indicating its Principal and Alternate Representative, if any, Board of Directors, legal personality, Statutes or Regulations and functional, financial or organic links with any other type of organization.
- The reasons for their interest in joining the Center, as well as a description of the contributions they propose to make to the organization. These contributions may consist of voluntary donations, information sharing, professional services, or any other benefit to the Center’s work.
Article 44.
Once this application has been formalized, the Executive Director will analyze it and may request clarification or completion if any background information has been omitted. Likewise, the Executive Director may request references from the entity from other institutions or instruct the entity itself to submit a letter with such background information issued by a third-party institution known to the Center. Upon completion of this process, the Executive Director will prepare a report to be submitted to the Board of Directors along with the application, so that the Board may decide on the proposed membership.
Article 45.
The Board will make the final determination regarding the acceptance, rejection, or request for additional information submitted by the applicant entity.
The Board’s decisions in this regard will be governed by the provisions of Chapter VII of these Regulations and will be final.
Article 46.
The Board’s decision will be communicated to the Executive Director, who will then inform the applicant of the acceptance, rejection, or condition of their application. This decision will specify the procedures for implementing the contributions proposed by the institution.
An organization shall be considered an Associate Member of the Center upon receiving an authentic copy, certified by the Director, of the resolution notifying its admission.
The Executive Director shall maintain an open register of these resolutions, which shall be updated annually and disseminated through means that ensure its proper publicity among the Member States of the Center.
The Executive Director shall ensure the timely and proper fulfillment of the contributions committed by the organization.
Article 47
The Executive Director may delegate to the Executive Secretary of the Center one or more of the actions indicated in this chapter.
Article 48
The participation of Associate Members in Council meetings shall be governed by the provisions of Article 30 of the Regulations.
Associate Members may also submit documents, papers, studies, proposals, or observations in writing to the Council for its consideration, provided that these are sent to the Executive Secretary at least 30 days before the meeting of the Board of Directors, should they wish to have them included on the agenda.
The inclusion of any of these documents in Council meetings will be decided by the Executive Director in consultation with the Secretary, taking into account the timeliness of the request and the relevance of the subject matter. However, the Secretary must provide the Associate Member with justified notice of the status of their request and will prepare a list at the beginning of the Council meeting of all documents submitted, expressly indicating those that will be addressed in the session, except as provided in Article 22 of the Regulations.
For the purposes of entering into cooperation agreements, Associate Members will be governed by Article 10 of the Center’s Bylaws.
Article 49.
An Associate Member may resign their status by giving written notice to the Executive Director.
For the purposes of termination of rights and obligations, an Associate Member will be considered to have ceased to be such 60 days after the Executive Director receives the notice mentioned in the first paragraph, at the Center’s headquarters.
Upon receiving a resignation, the Executive Director will cancel the corresponding registration in the Register of Associate Members and report this to the Board of Directors at its next meeting.
Similarly, associate members may be removed from their membership for failure to make their promised contributions. This circumstance must be certified by the Executive Director and decided by the Board of Directors.
Article 50.
Advisory Groups. An Advisory Group shall be understood to mean any public or private, national or international organization, or group of individuals specifically organized for this purpose, that engages with the Center for a specific period and with respect to a specific topic defined by the Board of Directors, upon the proposal of the Executive Director.
Article 51.
The Executive Director’s proposal shall specify the purpose and term for which the Advisory Group should be established, as well as a list of institutions or associations that could comprise it. This list must be accompanied by, at least, the following information:
- Institutional and organic definition of the entity, with clear identification of its main representative, documents that support its creation and legal personality, if it has one.
- Mission, objectives and context in which it carries out its activities.
- Review of a Work Plan that links your current work with specific functions of the Center.
- Curriculum vitae showing their special knowledge and experience, in the case of natural persons.
Article 52
In order to formalize the constitution of an Advisory Group, the Executive Director, by mandate of the Council, will sign a participation agreement with its members, in which the following will be expressed:
- The main purpose for its constitution
- The specific actions that the Group will develop, as well as the timeframe given for their completion.
- The methods by which the results obtained will be verified.
This agreement shall be exempt from the procedures indicated in Article 10 of the Bylaws, without prejudice to the Advisory Group’s ability to enter into a cooperation agreement on a specific matter different from that for which it was established.
Article 53.
At Council Meetings, Advisory Groups shall have the same rights as Associate Members in accordance with the rules set forth in Chapter V and Article 48 of these Regulations.
However, the results and conclusions of the work entrusted to them shall always be presented to the Board of Directors through the Executive Directorate.
Article 54.
The continuation of the Advisory Group shall be subject to the completion of the work for which it was created or the expiration of the term established for this purpose with results that the Council deems insufficient and that do not warrant an extension.
Notwithstanding the foregoing, the Council may renew the participation agreement provided that new actions are proposed that fall within the main objective of its establishment and are consistent with new requirements of the Center.
Supreme Decree No. 206/2002 Ministry of Foreign Affairs of Chile Promulgates Agreement with the Justice Studies Center of the Americas
Published in the Official Gazette on October 18, 2002
Having seen:
Article 32 No. 17, and 50 No. 1), of the Political Constitution of the Republic.
Whereas:
On January 22, 2001, the Agreement between the Government of Chile and the Justice Studies Center of the Americas was signed, relating to the establishment of the headquarters of the aforementioned Center in Santiago, Chile.
That said Agreement was approved by the National Congress, as stated in letter No. 3,857, dated July 18, 2002, from the Honorable Chamber of Deputies.
That the provisions of paragraph 1 of Article XI of the Agreement were fulfilled,
Decree
Sole Article:
The Agreement between the Government of Chile and the Justice Studies Center of the Americas, signed on January 22, 2001, is hereby promulgated, shall be complied with and carried out as law, and an authorized copy of its text shall be published in the Official Gazette.
Note, record, register and publish.- Ricardo Lagos Escobar, President of the Republic of Chile.- María Soledad Alvear Valenzuela, Minister of Foreign Affairs.- José Antonio Gómez Urrutia, Minister of Justice.
I am forwarding this to the US for your information. – José Miguel Cruz Sánchez, Ambassador, Director General of Administration.
Agreement between the Government of Chile and the Center for American Studies
Considering:
That the Heads of State and Government in the Action Plan adopted at the Second Summit of the Americas, held in Santiago, Chile, in April 1998, agreed to the establishment of a Justice Studies Center of the Americas, aimed at facilitating the improvement of human resources, the exchange of information and other forms of technical cooperation in the Hemisphere, in accordance with the specific requirements of each country.
That the Permanent Council of the OAS, in April 1999, established a Special Group in charge of implementing the Recommendations of the Meetings of Ministers of Justice or Ministers or Attorneys General of the Americas (hereinafter REMJA), whose report was presented at the session of the Permanent Council, held on September 28, 1999; which concluded with the approval of the Draft Statute of the Justice Studies Center of the Americas.
Bearing in mind
the resolution of the General Assembly of the Organization of American States adopted at its Twenty-Sixth Special Session, held on November 15, 1999, which established the Justice Studies Center of the Americas and adopted its Statute; and the request of the Government of Chile to host said Center.
That the III REMJA, in accordance with the powers assigned to it in the Statute of the Center and taking into account the recommendation of the Board of Directors, decided that the headquarters of the Justice Studies Center of the Americas should be established in Santiago, Chile.
Therefore,
the Government of Chile and the Justice Studies Center of the Americas have agreed to the following:
Article I: Definitions
For the purposes of this Agreement, the following definitions apply:
- “Government”, to the Government of the Republic of Chile;
- “OAS”, the Organization of American States;
- “Center”, to the Justice Studies Center of the Americas;
- “Program” refers to the set of activities carried out by the Center in accordance with its objectives;
- “Competent Authorities” refers to the Authorities of the Republic of Chile in accordance with its laws;
- “The headquarters of the Center” refers to the premises and facilities, regardless of their owner, occupied by the Center;
- “Property” refers to real estate, vehicles, rights, funds in any currency, assets, income, other assets and everything that may constitute the patrimony of the Center;
- “Files” refers to documents of any nature or in any form, whether paper or electronic, that are owned or held by the Center;
- “Governing Council”, the highest body of the Center, made up of seven members appointed by the OAS General Assembly;
- “Executive Director”, the person responsible for the general operation of the Center, appointed by the Board of Directors;
- “Local Staff” refers to individuals hired locally by the Chief Executive Officer for professional, administrative, or service duties;
- “International Staff” refers to non-local staff hired by the Chief Executive Officer. This category is further divided into:
- Permanent International Staff, which is those who perform duties in Chile continuously for a period exceeding one year.
- Non-permanent international staff, which is those who perform duties in Chile for periods of less than one year.
Article II: Objectives of the Center
The Center’s objectives are to facilitate the improvement of human resources, the exchange of information, support for the reform and modernization processes of justice systems in the region, and other forms of technical cooperation in the field of justice in the hemisphere, in accordance with the specific requirements of each country.
The Center may not be used in a manner incompatible with its purposes and functions.
Article III: Legal Capacity
The Center shall have legal personality within the territory of the Republic of Chile and shall have full capacity to:
- hire;
- to acquire and dispose of movable and immovable property, and
- to initiate legal and administrative actions.
The legal representation of the Center will be exercised by the Executive Director of the Center or another representative duly authorized by the Board of Directors.
Article IV: Immunities and Prerogatives of the Center
The Government will grant the Centre, its staff, its property, funds and assets the privileges and immunities provided for in this Agreement.
Article V: Financial Order Facilities
The Center will be able to:
Article VI: Exemption from Taxes and Other Charges
The Center, its assets and holdings will be exempt:
Notwithstanding the foregoing, local staff will be subject to the labor and social security laws of the Republic of Chile. The Center shall make the corresponding social security contributions for said staff.
Article VII: Premises and Archives of the Center
The headquarters, premises, archives, and, in general, all documents belonging to the Center or in its possession shall be inviolable.
Notwithstanding the foregoing, political asylum shall not be granted.
Article VIII: Communications
The Center will enjoy within the territory of the Republic of Chile, for its official communications, both national and international:
None of the provisions of this article may be interpreted as prohibiting the adoption of appropriate security measures for reasons of public order.
Article IX: Immunities and Privileges
- They shall enjoy immunity from jurisdiction in the exclusive exercise of their official functions;
- They will enjoy exemption from income tax on salaries, emoluments and compensation paid by the Center;
- They shall have the right to import, free of customs duties and other import taxes, prohibitions, and restrictions, their household goods, including a car, upon assuming their posts in Chile. The same regime shall apply to the importation of a car for the Center’s use. For the purposes of transferring ownership of the car, the general rules established for the resident Diplomatic Corps shall apply.
- In no case shall the immunity from jurisdiction established in subparagraph a) of this article extend to acts that constitute an infringement or contravention of traffic regulations or labor legislation in force in Chile.
- The provisions of subparagraph b) of this article shall apply to temporary international staff.
- Members of the Board of Directors who are not nationals of the host country shall enjoy immunity from jurisdiction for the opinions they express in the exclusive exercise of their functions, while they are in the territory of Chile.
Article X: Dispute Resolution
Any dispute relating to the interpretation or application of this Agreement shall be resolved by the Parties through appropriate consultations. If the dispute is not resolved through such consultations within six months of their commencement, either Party may resort to arbitration, which decision shall be communicated to the other Party in writing.
The arbitral tribunal shall be constituted within 30 days after the appointments referred to in the following paragraph have been made. Within that period, the Parties shall determine the tribunal’s jurisdiction and establish the procedure to which it shall adhere.
Each Party shall appoint an arbitrator of its choice, and the two arbitrators so appointed shall choose a third, who shall preside over the tribunal.
If one of the Parties fails to appoint an arbitrator of its choice within 30 days from the date of the notification referred to in the first paragraph of this Article, the other Party may request the President of the International Court of Justice to appoint such arbitrator. Each Party shall bear its own costs.
Article XI: Final provisions, entry into force and amendment
- This Agreement shall enter into force on the thirtieth business day following the date on which the Executive Director of the Center receives written notification from the Government of Chile stating that the Chilean constitutional procedures necessary for its entry into force have been fulfilled.
- At the request of either Party, consultations may be held to amend this Agreement. Any amendment shall be made by mutual consent of the Parties and shall enter into force in the same manner as indicated in the preceding paragraph.
- This Agreement shall have an indefinite duration. It may be terminated by either Party by giving the other at least six months’ written notice of its intention to terminate. Notwithstanding the foregoing, projects and programs underway shall continue until their completion. With respect to the disposal of the Center’s assets, the Parties shall agree on a period not to exceed one year for their sale and liquidation. In both cases, the provisions of this Agreement shall continue to apply.
Done in Santiago, Chile, on the 22nd day of January of the year two thousand and one, in four copies in the Spanish and English languages, all texts being equally authentic. For the Government of Chile, Minister of Justice. – For the Justice Studies Center of the Americas, Executive Director.