secretariat for legal affairs presentation to the permanent council working group on the strategic...

SECRETARIAT FOR LEGAL AFFAIRS

Presentation to the Permanent Council Working Group on the

Strategic Vision of the OAS


The SECRETARIAT FOR LEGAL AFFAIRS is the area responsible for advising on the adoption, implementation and dissemination of Inter-American legal standards. These constitute the basis of the Inter-American legal system, the strengthening of the Rule of Law and are the legal foundation of the different pillars of the Organization.

www.oas.org/en/sla

http://www.oas.org/en/sla


• Programs:Strengthening of the

Democratic Rule of Law and of Inter-American

Law.

Implementation of mechanisms and networks

that ensure the application and increased

compliance with Inter-American legal standards.

SLA Promotion of Access to Justice and Legal and Judicial Cooperation.

Drafting and dissemination of Inter-

American legal standards.


• Structure:SLA

Executive Office of the Secretary

Program of Judicial Facilitators

Department of International Law

Department of Legal Cooperation

REMJA MESICICIAJC

EXECUTIVE OFFICE OF THE SECRETARYInter-American Program of Judicial Facilitators

The INTER-AMERICAN PROGRAM OF JUDICIAL FACILITATORS reinforces access to justice for citizens that live in the most isolated rural areas, by establishing a service with national coverage, administered by the Judicial Branch.

www.oas.org/en/sla/judicial_facilitators.asp

Objectives:

• Reduce the possibility of conflicts.• Facilitate access to justice.• Contribute to a decrease in gender-related violence.• Strengthen compliance with the right to family.• Reduce the costs of the administration of justice.• Improve the relationship between the judicial branch and the public.

ArgentinaCosta RicaEl SalvadorGuatemalaHondurasNicaraguaPanamaParaguay

• 80,000 cases in the last 5 years.

• 20,700 mediations.

• 350,000 persons served.

BelizeDominican Republic Peru

SpainNetherlandsItalySweden

PartnersFutureAchievements Coverage

EXECUTIVE OFFICE OF THE SECRETARYInter-American Program of Judicial Facilitators

HUMAN AND FINANCIAL RESOURCESExecutive Office of the Secretary

Human resources:

1 Secretary.

1 Advisor.

1 Coordinator (Program of Judicial Facilitators).

1 Administrative Officer.

2 Administrative Assistants.

Budget 2013 (in US$ 1000):

Regular Fund:

Personnel: $ 535.9

Non-personnel: $ 21.4

Total: $ 557.3

Specific Funds: $6,071.5

DEPARTMENT OF INTERNATIONAL LAW

DIL supports and provides services to the Organs of the OAS in the elaboration of legal norms, promotes their adoption and disseminates their contents, in order to be implemented in OAS Member States based in the OAS Charter (articles 3,a and 112,f), the Panama Declaration on the Inter-American Contribution to the Development and Codification of International Law (1996) and the Inter-American Program for the Development of International Law (1997) www.oas.org/en/sla/dil

http://www.oas.org/en/sla/dil

PROGRAMS, OBJECTIVES AND RESULTSDepartment of International Law

LEGAL ADVISORY SERVICES

DIL supports OAS Organs in the elaboration of inter-American legal norms: conventions, declarations, resolutions, Model Legislation and Plans of Action

GENERAL ASSEMBLY(General Committee)

SPECIALIZED CONFERENCES

(CIDIPs)

MEETING OF MINISTERS OF

FOREIGN AFFAIRS

GENERAL SECRETARIAT

PERMANENT COUNCIL (CAJP and

Working Groups)

INTER-AMERICAN JURIDICAL COMMITTEE: TECHNICAL SECRETARIAT

Main results and activities for the 2012-2013 period :

• Legal advisory services in the adoption of the Conventions on Racism and Discrimination

• Legal advisory services in the adoption of General Assembly resolutions on:• Access to public information and data protection;• Indigenous peoples and afro-descendants;• Sexual orientation;• Public defense and access to justice;• Elderly people;• International humanitarian law and International Criminal Court;• Refugees and internally displaced persons, and stateless people;• Inter-American Program for the Development of International Law; • Among others.



• Legal advisory services in the adoption by the Inter-American Juridical Committee of:

• Model Law on the protection of cultural property in the event of armed conflicts; • Model Law on Simplified Stock Corporation;• Principles on privacy and data protection; • General guidelines on cultural diversity in the development of international law;• General guidelines on access to justice in the Americas;• Guide for regulating the use of force and protection of people in situations of

internal violence that do not qualify as armed conflict, and other reports on human rights, democracy, peace, security and cooperation, freedom of thought and information, relationship between refugee and asylum, and Inter-American legal cooperation.

• Other reports on human rights, democracy, peace, security and cooperation, freedom of thought and information, relationship between refuggee and asylum, and Inter-American legal cooperation.


PROMOTION AND DISSEMINATION

DIL keeps the Inter-American Legal archives promoting its adoption and disseminating its contents, in order to be implemented in OAS Member States


• DIL is depository of more than 200 conventions and 6,000 bilateral agreements.

• Two new Conventions were registered, 6 deposits of instruments of ratification were made, 24 notifications of state of emergencies were received, 3 processes of denunciation were made, 275 new bilateral agreements were registered.

• 4,190,012 visits and 9,375,892 downloads to its web page.

• 1547 students during the 40 years of the Course on International Law.

• 27 courses and 1000 persons attended those activities.

• 32 follow-up events and 860 persons trained on indigenous and afrodescendants topics.

• 30 publications on line.

• 85 Newsletters.



INSTITUTIONAL SUPPORT TO MEMBER STATES

DIL supports Member States on domestic implementation and application of inter-American norms on:

More than 300 public officials trained and specific recommendations made


HUMAN AND FINANCIAL RESOURCESDepartment of International Law

Human resources:

1 Director.

4 Legal Officers.

1 Administrative Assistant.

1 Webmaster.

1 Legal Officer (Rio de Janeiro, Brazil, IJC).

1 Administrative Assistance (Rio de Janeiro, Brazil, IJC).

Budget 2013 (in US$ 1000):

Regular Fund:

Personnel: $ 975.5


Total: $1,013.5

Specific Funds: $ 824.4

DEPARTMENT OF LEGAL COOPERATION

Provides legal advisory and technical secretariat services to the organs of the OAS and the legal cooperation mechanisms for the effective implementation of Inter-American instruments and the strengthening of hemispheric cooperation in the areas of justice, legal cooperation and the fight against corruption, pursuant to the OAS Charter and the mandates of the Summits of the Americas and the General Assembly.

www.oas.org/en/sla/dlc

http://www.oas.org/en/sla/dlc

HEMISPHERIC LEGAL COOPERATION

As REMJA Technical Secretariat, the DLC develops concrete actions to strengthen Inter-American legal cooperation in criminal matters and justice.

Legal Cooperation on Cyber-Crime

Legal Cooperationon Access to Justice

Legal Cooperation in Criminal Matters

Develop legal instruments and cooperation and technological tools to facilitate and make mutual assistance, cooperation and the exchange of information between central authorities more effective, efficient and expedient.

Strengthen the cooperation and the capacity of States in the development of their cyber-crime legislation, as well as investigation, prosecution and sanction of these crimes.

Promote actions to strengthen the cooperation between States for the improvement of their public policies in the area of justice and access thereto.

PROGRAMS, OBJECTIVES AND RESULTSDepartment of Legal Cooperation


• Elimination of bureaucratic formalities in 20 States and of the double criminality requirement for mutual assistance in 11 States; and the adoption of legislation for the application of extradition treaties in 22 States.

• Training of more than 200 prosecutors and investigators in Latin-America and the Caribbean with respect to cyber-crime.

• Drafting the proposals for and additional protocol to the Nassau Convention, and of a model bilateral agreement on joint investigation teams.

• Put into operation of the new secure videoconference system of the OAS/REMJA Criminal Matters Network; modernization of its technological platform by the central authorities of the States.


LEGAL COOPERATION AGAINST CORRUPTION

As MESICIC Technical Secretariat, the DLC develops concrete actions to support the States in the prevention and the fight against corruption, within the framework of the

Convention and the Inter-American Program.

Legal Cooperation in the framework of the Inter-American Program for Cooperation

in the Fight against Corruption(AG/RES. 2275 (XXXVII-O/07))

Legal Cooperation in the framework of the

MESICIC

Support the States in the implementation of the Inter-American Convention and in the strengthening of their institutional systems to prevent and fight corruption.

Promotes, disseminates, coordinates and executes cooperation programs to support the efforts of the States in the fight against corruption.


Main results and activities for the 2012-2013 period:

• 19 on-site visit held; more than 100 oversight bodies visited and more than 100 civil society organizations interviewed (11 on-site visits being prepared for 2014).

• Adoption of 15 country reports with concrete recommendations and of the Second Hemispheric Report on progress in the Implementation of the Inter-American Convention against Corruption, which reflects more than 740 advances which largely deal with legal and institutional strengthening.

• Adoption of 2 Model Laws in the area of protections of whistleblowers and witnesses of acts of corruption and on sworn statements of interest; and the use of these instruments by various States.

• Progress on the directives on private sector responsibility in the fight against corruption.


Actions executed by the States in relation the Convention provisions analyzed by the MESICIC in its first three Rounds of Review

HUMAN AND FINANCIAL RESOURCESDepartment of Legal Cooperation

Human resources:

1 Director.

6 Legal Officers.

1 Administrative Assistant.

Budget 2013 (in US$ 1000):

Regular Fund:

Personnel: $ 766.0


Total: $ 792.8

Specific Funds: $ 767.9

HUMAN AND FINANCIAL RESOURCESSecretariat for Legal Affairs

Regular Fund 2013: SLA: $ 2,342.2GS/OAS: $ 83,870.5

3%

Specific Funds 2013: SLA: $ 1,592.3Judicial Facilitators: $ 6,071.5GS/OAS:$ 71,977.3

Human Resources: SLA: 23 Staff.GS/OAS: 622 Staff.

8% IPJF

2%

4%

Strengthening of the Democratic Rule of Law and of Inter-American

Law.

Implementation of mechanisms and

networks that ensure the application and increased

compliance with Inter-American legal standards.

Promotion of Access to Justice and Legal and Judicial Cooperation.

Drafting and dissemination of Inter-American legal

standards.

Thank you.

Jean Michel ArrighiJean Michel ArrighiSecretary for Legal Affairs

General SecretariatOrganization of American States

October, 2013

secretariat for legal affairs presentation to the permanent council working group on the strategic...

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