FIFTH MEETING OF MINISTERS OF JUSTICE OEA/Ser.K/XXXIV.5OR OF MINISTERS OR ATTORNEYS GENERAL REMJA-V/doc.7/04 rev. 1OF THE AMERICAS 26 April 2004April 28-30, 2004 Original: SpanishWashington, D.C.

DRAFT CONCLUSIONS AND RECOMMENDATIONS OF REMJA-V

DRAFT CONCLUSIONS AND RECOMMENDATIONS OF REMJA-V

Having concluded its deliberations on the various items on its agenda, the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-V), convened under the auspices of the OAS, approved the following recommendations for submission, through the OAS Permanent Council, to the General Assembly at its thirty-fourth regular session.

Title. ALTERNATIVE A:

I. LEGAL AND JUDICIAL COOPERATION IN FIGHTING TRANSNATIONAL ORGANIZED CRIME AND AGAINST TERRORISM1

Title. ALTERNATIVE B:2

I. HEMISPHERIC COOPERATION IN THE FIGHT AGAINST TERRORISM AND TRANSNATIONAL ORGANIZED CRIME

REMJA-V reaffirms that the damage caused and the threat posed by the different types of transnational organized crime and terrorism, both to our democracies and to the economic and social development of our states, make it necessary and urgent to continue to strengthen and enhance mutual legal and judicial cooperation at the hemispheric level, as well as to enact laws, procedures, and new mechanisms to enable them to combat these crimes effectively.3

In this connection, it underscores that the Declaration on Security in the Americas, adopted in Mexico City on October 28, 2003, states that terrorism and transnational organized crime are part of the new threats to the security of the states of the Hemisphere and reaffirms that “the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA) and other meetings of criminal justice authorities are important and effective fora for promoting and strengthening mutual understanding, confidence, dialogue, and cooperation in developing criminal justice policies and responses to address new threats to security.”

Bearing in mind that, although the international community has progressed in the preparation of rules and regulations to combat these forms of crime, numerous international treaties contain clauses that require the preparation of domestic rules and regulations to make them operational; and convinced that harmonization of the respective criminal codes and international cooperation procedures among member States of the OAS will contribute to improved and more effective legal and judicial cooperation in the Americas.4

1 The Delegation of Mexico proposes adding the underlined word (“against”) in this alternative title for the first chapter.2 The U.S. Delegation proposes changing the title of “Section I” so that it will be the same as the title of Section II of the draft agenda, which appears in a box.3 The underlined text corresponds to a proposal from the Delegation of Argentina.4 This paragraph (underlined) corresponds to a proposal from the Delegation of Argentina.

As a result of the interventions by the Heads of Delegation at REMJA-V, it was concluded that it was advisable that the subject of Transnational Organized Crime continue to be dealt with by the many bodies of the OAS involved in the different issues of the problem within the framework of their respective competence, such as CICAD, the Consultative Committee of CIFTA, the Inter-American Commission of Women (CIM), the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption, and the General Secretariat . 5

PROPOSAL BY THE U.S. DELEGATION: 6

REMJA-V expresses satisfaction that in the period following REMJA-IV, OAS Member States have taken significant steps to strengthen hemispheric implementation of United Nations counter-terrorism and organized crime instruments in effectively addressing these crimes. In particular, during the interval between REMJA-IV and REMJA-V, numerous OAS Member States became Party to the 1999 Convention for the Suppression of the Financing of Terrorism, as well as earlier universal counter-terrorism instruments. Similarly, numerous OAS Member States became Party to the 2000 United Nations Convention Against Transnational Organized Crime or took substantial steps towards reaching this status. REMJA-V recognizes this notable progress to combat terrorism and transnational organized crime.

REMJA-V also notes with satisfaction that adherence to regional instruments addressing terrorism and organized crime has rapidly accelerated. The 2002 Inter-American Convention Against Terrorism has entered into force on July 10, 2003; and a significant number of additional Member States have become Party to the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Material.

At the same time, more work remains in crafting effective implementation of hemispheric and global counter-terrorism and organized crime standards, and we note with alarm the increase in terrorist attacks and activities of other criminal organizations. Accordingly, we recommend that:

1. With respect to combating terrorism, Member States that have not yet done so take the following measures on a rapidly accelerated basis, sign and ratify, ratify, or accede to, as appropriate, and implement:

a. the twelve United Nations counter-terrorism conventions.

b. the Inter-American Convention Against Terrorism, which provides a critical framework for combating abuse by terrorists of financial systems and immigration processes, and obtaining mutual legal assistance in combating terrorism.

5 This paragraph (with the background shaded in black) was proposed by the Delegation of Mexico.6 The paragraphs included below (inserted in boxes) correspond entirely to the proposal by the U.S. Delegation.

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2. Member States have sufficient ability to take law enforcement action with respect to situations in which a terrorist attack has not yet been carried out, and timely investigation and prosecution may prevent the carrying out of such attacks, and take immediate steps to provide for a sufficient ability to pursue and cooperate with each other in respect of such conduct.

3. Member States enhance their abilities to share information among security services and law enforcement in order to prevent attacks and successfully prosecute terrorists.

4. Member States promote the broadest measures of formal and informal cooperation, particularly measures to ensure effective cooperation among law enforcement agencies, immigration services, and related agencies, and improve their controls on travel and identity documents.

5. With respect to combating organized crime, Member States that have not yet done so take the following measures on a rapidly accelerated basis, sign and ratify, ratify, or accede to, as appropriate, and implement:

a. The United Nations Convention Against Transnational Organized Crime, the Protocol to Prevent Suppress, and Punish Trafficking in Persons, Especially Women and Children, and the Protocol Against the Smuggling of Migrants by Land, Sea, and Air. We encourage Member States to complete their internal processes for determining whether to sign and ratify the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition.

b. The Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Material, which, inter alia, sets forth an effective regime for criminalizing illicit arms trafficking that can aid organized crime and terrorist groups, as well as creating a mechanism for tracing illicitly trafficked weapons to their source.

6. Member States who are Party or signatory to the Transnational Organized Crime Convention and its two protocols in force, work together at the First Conference of the Parties, June 28 to July 9, 2004, to facilitate the successful application of these important international instruments.

PROPOSAL BY THE DELEGATION OF MEXICO:7

Accordingly, REMJA-V recommends as follows:

7 The paragraphs included below (with the background shaded in black) correspond entirely to the proposal by the Delegation of Mexico.

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1. To express its satisfaction with the advances made in strengthening and consolidating mutual legal assistance in criminal matters among the states of the Americas to address the problem of transnational organized crime through the various efforts made by bodies such as CICAD, CIM, the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption, and the Consultative Committee of the CIFTA Convention.8

2. To also express its satisfaction with the advances made in strengthening and consolidating mutual legal assistance in criminal matters among the states of the Americas to combat terrorism through the work of the Inter-American Committee against Terrorism (CICTE).

3. To urge the States that have not as yet done so to ratify or adhere to, depending on each case, the Palermo Convention and its three additional protocols, the Inter-American Convention on Mutual Assistance in Criminal Matters, the CIFTA Convention, the Inter-American Convention against Corruption, and the United Nations Convention against Corruption, which provide a basic legal framework to develop hemispheric cooperation against transnational organized crime.

4. To express its satisfaction with the holding of the Meeting of Central Authorities and Other Experts on Mutual Legal Assistance in Criminal Matters, held pursuant to the recommendations of REMJA-IV, in Ottawa, Canada, from April 30 to May 2, 2003, and to adopt in their entirety the recommendations that were made, which are published in document OEA/Ser.K/XXXIV.5 REMJA-V/doc.4/. 9

5. To support, in accordance with recommendation 6 of that meeting, the holding of periodic meetings of the central authorities and others experts on mutual legal assistance in criminal matters in the Hemisphere and the review, at their next meeting, which will be held in summer 2004 at the latest, of progress made in implementing the recommendations of the Ottawa meeting, as well as consideration of the issues referred to in the aforementioned recommendation 6.10

6. To request the Inter-American Committee against Terrorism (CICTE), the Inter-American Drug Abuse Control Commission (CICAD), the Consultative Committee of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA), the Inter-American Commission of Women, the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption, and the Inter-American Juridical Committee, to submit to the next meeting of central authorities and other

8 This paragraph is related to paragraph 1 of this section in the original version, which appears as paragraph 1 of Section II, A) of the present revised version, in accordance with the proposal to move it there made by the U.S. Delegation.9 This paragraph is related to paragraphs 1 and 2 of this Section in the original version, which appear as paragraphs 1 and 2 of Section II, A), of the present revised version, in accordance with the proposal to move it there made by the U.S. Delegation.10 This paragraph is related to paragraph 3 of this Section in the original version, which appears as paragraph 3 of Section II, A), of the present revised version, in accordance with the proposal to move it there made by the U.S. Delegation.

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experts the considerations and proposals they deem pertinent, in connection with their spheres of competence, in order to reinforce mutual legal assistance in criminal matters and hemispheric cooperation regarding extradition, in the areas addressed by these bodies.11

7. To decide that the next meeting of central authorities and other experts should begin consideration of actions for strengthening legal cooperation in the Hemisphere regarding extradition, including temporary extradition, and proceed with the preparation of the sections on mutual legal and judicial cooperation of a hemispheric plan of action to fight transnational organized crime.12

8. To request the Justice Studies Center of the Americas (JSCA) to conduct studies and provide any necessary technical and substantive support for holding meetings of the central authorities and other experts, in order to consolidate and strengthen mutual legal and judicial cooperation in criminal matters among the OAS member states. 13

(Paragraph approved by the Ad Hoc Group of CICAD against Transnational Organized Crime):

9. To request the General Assembly of the OAS to grant a mandate to the Permanent Council of the Organization to draw up and implement a Hemispheric Plan of Action against Transnational Organized Crime, joining the efforts that each area of OAS has been making in the different issues involved in the phenomenon and in the framework of their competence, so as to consolidate a global vision of the effort that is being made and promote greater coordination and integration of these efforts. Follow-up on this topic and compliance with this resolution could be ensured by the Permanent Council of the Organization through the Committee on Hemispheric Security, taking into consideration the provisions of the Declaration on Security in the Americas.

PROPOSAL BY THE DELEGATION OF ARGENTINA: 14

REMJA-V recommends:

5. That the OAS cooperates with member states in the process of adjusting their respective legal orders to match international commitments in this field, both in the legal definition of forms of criminal conduct not contemplated in their domestic legal systems and in the updating of existing penal law, by having a model law drawn up by the body deemed best suited for that task in the Organization.

11 This paragraph is related to paragraph 5 of Section II, A), of the present revised version.12 This paragraph is related to paragraph 4 of this Section in the original version, which appears as paragraph 4 of Section II, A) of the present revised version, in accordance with the proposal to move it there made by the U.S. Delegation. 13 The U.S. Delegation proposed eliminating this paragraph.14 The text included below (underlined) corresponds to a proposal by the Delegation of Argentina.

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II. MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS AND EXTRADITION15

A. MEETING OF CENTRAL AUTHORITIES AND OTHER EXPERTS ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

REMJA-V recommends as follows:16

1. To express its satisfaction with the advances made in strengthening and consolidating mutual legal assistance in criminal matters among the states of the Americas to combat transnational organized crime, money laundering, and terrorism, through the Meeting of Central Authorities and Other Experts on Mutual Legal Assistance in Criminal Matters, held pursuant to the recommendations of REMJA-IV, in Ottawa, Canada, from April 30 to May 2, 2003.

2. To adopt in their entirety the recommendations made by the aforementioned Meeting of Central Authorities and Other Experts on Mutual Legal Assistance in Criminal Matters, published in document OEA/Ser.K/XXXIV.5 REMJA-V/doc.4/04.

3. To support, in accordance with recommendation 6 of that meeting, the continued holding of periodic meetings of the central authorities and other experts on mutual legal assistance in criminal matters in the Hemisphere, as well as consideration, at their next meeting, of both progress made in implementing the recommendations of the Ottawa meeting and, inter alia, the topics referred to in the aforementioned recommendation 6, according to an order of priorities that they define.

4. That the next meeting of central authorities and other experts should begin consideration of complementary measures for strengthening legal cooperation in the Hemisphere regarding extradition and thus continue to make progress toward the preparation of a hemispheric plan of action for mutual legal and judicial cooperation in fighting transnational organized crime and terrorism.

5. To continue to review, in conformity with what was agreed upon at the previous meetings, the possibility of adopting temporary extradition, when pertaining to national law, in order to prevent impunity.17

6. That the Inter-American Committee against Terrorism (CICTE), the Inter-American Drug Abuse Control Commission (CICAD), and the Consultative Committee of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA) should present any ideas and proposals that they deem pertinent, in connection with their spheres of competence,

15 The titles of this part have been changed or included so they are consistent with the titles of the draft agenda of REMJA-V, in conformity with what was agreed upon at the informal preparatory meeting of April 22, 2004.16 The four paragraphs in the boxes have been moved from Section I (original) to the present Section II, in accordance with the proposal of the U.S. Delegation. 17 This paragraph has been proposed by the Delegation of Argentina.

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to the next meeting of central authorities and other experts, in order to reinforce mutual legal assistance in criminal matters and hemispheric cooperation regarding extradition.18

B. HEMISPHERIC INFORMATION EXCHANGE NETWORK FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

In view of the usefulness and importance of the Hemispheric Information Exchange Network for Mutual Legal Assistance in Criminal Matters, REMJA-V recommends as follows:

1. That, since the network, under the leadership of a group consisting of Argentina, Bahamas (The), Canada, and El Salvador and with support from the OAS General Secretariat, comprises data on all OAS member states, information should continue to be posted on both the public and the private pages on other areas related to mutual legal assistance in criminal matters.

2. That states that have not yet done so should identify a contact person to provide and update the information made available via the network.

3. That, in light of the results of the pilot phase, the private, secure network for information exchange among central authorities in the area of mutual legal assistance in criminal matters should continue to operate and be expanded to cover other states.

III. PENITENTIARY AND PRISON POLICIES

Given the importance and advisability of continuing and reinforcing the exchange of information and experiences as well as mutual cooperation with regard to penitentiary and prison policies, REMJA-V recommends as follows:

1. To express its satisfaction with the results of the First Meeting of the Group of Officials Responsible for the Penitentiary and Prison Policies of the OAS Member States (document OEA/Ser.K/XXXIV.5 REMJA-V/doc.6/04), held at OAS headquarters on October 16 and 17, 2003, in keeping with a REMJA-IV decision.

2. To support periodic meetings of officials responsible for the penitentiary and prison policies of the OAS member states and the establishment of an Internet information system on such policies, as recommended at the first meeting of the officials.

3. To request the Justice Studies Center of the Americas (JSCA) to provide technical and substantive support for holding the next meetings of the authorities responsible for penitentiary and prison policies and for administering and consolidating the corresponding Internet information system.

18 This paragraph has been moved from Section I to Section II, A), because it refers to the subject of this section (“meeting of central authorities and other experts”).

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IV. CYBER-CRIME

Under this topic, REMJA-V recommends as follows:

1. To express its satisfaction with the results of the Initial Meeting of the Group of Governmental Experts on Cyber-Crime, held at OAS headquarters on June 23 and 24, 2004, in keeping with a REMJA-IV decision.

2. To adopt the recommendations of the Group of Governmental Experts (document OEA/Ser.K/XXXIV.5 REMJA-V/doc.5/04) and to ask it, through its Chair, to report to the next meeting of REMJA on the progress made regarding said recommendations.

3. To support consideration of the recommendations made by the Group of Governmental Experts at its initial meeting as the REMJA contribution to the development of the Inter-American Strategy to Combat Threats to Cybersecurity, referred to in OAS General Assembly resolution AG/RES. 1939 (XXXIII-O/03), and to ask the Group, through its Chair, to continue to support the preparation of the Strategy.

4. That Member States implement the key mechanisms of the Convention on Cybercrime of the Council of Europe (2001) and strongly consider seeking to accede to that convention in the future.19

5. CORRUPTION: FOLLOW-UP ON THE COMMITMENTS UNDERTAKEN IN THE DECLARATION OF NUEVO LEÓN

PROPOSAL BY THE U.S. DELEGATION: 20

The Declarations of Nuevo Leon and Quebec City, as well as previous REMJA, recognize that corruption is no longer seen as an accepted cost of doing business or an unavoidable aspect of government. It is widely understood that the consequences of corruption by public officials can be devastating: to economies, to the rule of law, to the legitimacy and stability of government, and to society at large. Law enforcement plays a critical role in combating corruption, particularly by establishing strong criminal offenses, enforcing them energetically, recovering looted assets, and providing international cooperation in respect of these measures. We note with approval that since REMJA-IV, most Member States have signed the United Nations Convention Against Corruption and a number of additional Member States have become Party to the Inter-American Convention Against Corruption, but we today undertake to strengthen our efforts to effectively pursue corruption.

Accordingly, REMJA-V recommends that Member States:

19 Proposal submitted by the U.S. Delegation.20 The text included below (with boxed paragraphs) corresponds entirely to the proposal for this chapter submitted by the U.S. Delegation.

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1. That have not yet done so, as soon as possible, take measures that are necessary for the following objectives:

a. Sign and ratify, ratify, or accede to, as appropriate, and fully implement the 2003 United Nations Convention Against Corruption.

b. Sign and ratify, ratify, or accede to, as appropriate, and fully implement the 1996 Inter-American Convention Against Corruption.

2. Cooperate to strengthen the follow-up mechanism for the Inter-American Convention Against Corruption, through practical measures to enhance its effectiveness.

3. Within the next year, ensure that they have adopted legal measures to deny entry to corrupt officials and to those who corrupt them, and should exchange information on the actions they have taken.

4. Immediately review their legal regimes to extradite and provide mutual legal assistance with respect to corruption offenses, including their abilities to provide for confiscation of assets on behalf of other countries that may have different modalities for obtaining confiscation, with a view to enhancing them.

5. Ensure their the legal ability to return looted funds to the country from which they were taken, and that they have the ability to make requests for mutual legal assistance -- and conversely provide a measure of assistance to a requesting State that has been the victim of grand corruption – sufficient to enable the location and subsequent recovery of those assets.

PROPOSAL BY THE DELEGATION OF MEXICO: 21

1. Pursuant to the provisions of the Declaration of Nuevo León for the fight against corruption, we have taken note of the “concrete measures” adopted by the First Meeting of the Conference of the States Parties to the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption, for its strengthening, especially in respect to the need to increase economic resources and further train human resources and to speed up the evaluation process of the First Round. Regarding this, we endorse the conclusions and recommendations of the Conference of the States Party to the Mechanism and pledge to carry out the recommendations of the Mechanism in the sphere of our respective competence.

2. Likewise, we believe that cooperation in the fight against corruption in the Hemisphere should be strengthened on the basis of what was agreed upon by the Heads of State of the

21 The text appearing below (with background shaded in black) corresponds entirely to the proposal for this chapter submitted by the Delegation of Mexico.

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Americas in the Declaration of Nuevo León. We shall deny safe haven to corrupt officials, to those who corrupt them, and to their assets, and we shall cooperate in their extradition. We shall also cooperate in recovering and returning the proceeds of corruption to their legitimate owners. We shall intensify our efforts to prevent, detect, and deter more effectively international transfers of assets derived from the crimes of corruption, and we shall strengthen international cooperation to return these capital assets to the States from which they came. Actions against corruption should be carried out in compliance with applicable national and international law.

3. We shall support the work of the meeting of the States Party to the Inter-American Convention against Corruption that will take place in Managua, Nicaragua, in July 2004, which should consider “additional concrete measures to increase transparency and combat corruption.”

4. We urge all Member States of the OAS that have not yet done so to consider signing and ratifying the United Nations Convention against Corruption so that it can enter into force as soon as possible.

VI. TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN

PROPOSAL BY THE DELEGATION OF COLOMBIA: 22

Bearing in mind that the trafficking in persons is an offense against human dignity, which should be criminalized, prevented, and combated and whose victims should be assisted and protected with the collaboration of all States.

Concerned by the alarming number of cases of women who are victims of this crime, a matter that requires greater national and international attention to combat it. Aware that children should be the target of special attention because of their vulnerability and lack of protection.

Emphasizing that, according to information from international entities, this crime is the most lucrative after drug trafficking and the trafficking in firearms and especially takes advantage of persons from countries characterized by precarious economic conditions.

Recognizing that there are many international instruments guaranteeing the protection of women and children, such as the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, ILO Convention 182 concerning the Worst Forms of Child Labor, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Inter-American Convention on International Traffic in Minors, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

22 The text appearing below (underlined) corresponds entirely to the proposal made by the Delegation of Colombia.

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Bearing in mind that the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, complementary to the United Nations Convention against Transnational Organized Crime, needs the following actions to be qualified as crimes: seizing, transporting, transferring, welcoming or receiving persons by threat, use of force, coercion, kidnapping, fraud, deception, abuse of power or a situation of vulnerability or the granting of payments or benefits to a person with authority over another for the purpose of exploitation in any of its forms, such as forced prostitution, sexual exploitation (pornography, etc.), forced labor, practices that are analogous to slavery, servitude, removal of bodily organs, etc.

Determined to overcome obstacles in the fight against this transnational crime.

REMJA V recommends the following:

1. Ratification of, or adherence to, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, that complements the United Nations Convention against Transnational Organized Crime.

2. Ratification of, or adherence to, the Inter-American Convention on International Traffic in Minors.

3. Harmonization and/or Unification of penal sanctions against trafficking in persons, in accordance with the Protocol.

4. Building up cooperation among States, especially among the bodies in charge of investigating and legally processing this conduct.

5. Ensuring inclusion of extradition in the domestic legislation of each country, with the ratification of the Convention and Protocol.

6. Establishing minimum assistance and protection programs for the victims and the exchange of successful experiences in this area among the countries of the Hemisphere.

7. Establishing prevention measures for the crime of trafficking in persons through education, awareness-raising, dissemination of information and other measures.

8. Promoting an information recording system that would permit reliable measurement of the phenomenon’s magnitude, among others.

9. Creating a hemispheric network against trafficking in persons, which in addition to exchanging information and experiences would promote joint actions and generate a political and cooperation dialogue with the countries that are the principal destination of trafficking in persons. Regarding this, the CIM and the IIN could be coordinators. Technical assistance from CIM and IIN for the establishment of ongoing training plans for public servants who are in contact with the problems of trafficking in persons.

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10. Instruct the Justice Studies Center of the Americas (JSCA), in coordination with the Inter- American Commission of Women (CIM) and the Inter-American Children’s Institute (IIN), to draw up a study on criminalization of the offense of trafficking in persons, especially women and children, in the national laws of the Member States of the OAS and on their achievements in implementing international treaties in this area and to present the results of this study at REMJA-VI.

VII. JUSTICE STUDIES CENTER OF THE AMERICAS (JSCA) 23

In pursuit of the mandate of the Second Summit of the Americas to “expedite the establishment of a justice studies center of the Americas, which will facilitate the training of justice sector personnel, the exchange of information and other forms of technical cooperation in the Hemisphere,” REMJA-II decided that a group of government experts should be formed to prepare draft by-laws and otherwise develop a plan for the establishment of such a center. The statute developed by the group of experts was approved on November 15, 1999, at a Special Session of the OAS General Assembly, and the Center established operations in Santiago, Chile, the following year. At the Third Summit of the Americas, the Heads of State and Government called upon the REMJA to “develop a funding plan for the Justice Studies Center of the Americas that takes into account the interests and resources of both governments and other likely donors, and that will enable the Center to contribute not only to the modernization and formulation of public policy in the area, but also to the institutional development of judicial systems in the region.

Having heard the report of the Justice Studies Center of the Americas, REMJA-V decides:

1. To express its appreciation to the Board of Directors and the Executive Director for the leadership and initiative they have shown in guiding and developing the Center’s initial work plans in the criminal justice area and giving concrete form to the vision of a regional center of justice sector expertise set forth by the Heads of State and Government in Santiago.

2. To congratulate the Center on the successful launch of websites and publications that are being widely consulted in the region, as well as on the implementation of an important comparative study of criminal procedure norms and practices in the region that should help improve justice system performance.

3. To express satisfaction at the efforts made to ensure participation by all Member States in Center programs and activities, notwithstanding the diversity of interests and institutions involved and the limitations of funding.

23 The text included below (boxed paragraphs) corresponds entirely to the proposal for this chapter submitted by the U.S. delegation.

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4. To request that the Center take into account all REMJA conclusions and recommendations in the development of its work plans and to assist in their implementation as appropriate.

5. To request that the Center convene a working group or process, including both member governments and other donors, to develop for consideration by REMJA-VI a plan for funding the Center within the terms of the above-quoted mandate of the Declaration of Quebec City.

VIII. NEXT MEETING

REMJA-V recommends:

1. That the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-VI) take place in 2006 and that the offer of ....... (State) to host the event be accepted.

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