ࡱ > F H E %` \ bjbjNN B2 , , ) . p p p p P P P d P P P 8 $ $ d ! " " Y! [! [! [! [! [! [! $ " h .% r ! P " ! p p ! K K K ^ p P Y! K Y! K K @ P `O P ^ E! ! 0 ! , % M % % P 0 > Z , K $ ! ! ^ ! d d $ $ d d d d d p p p p p p PERMANENT COUNCIL OF THE OEA/Ser.G ORGANIZATION OF AMERICAN STATES CP/CAJP-2736/09 rev. 5 19 May 2009 COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: Spanish _________________________________________________________________________________ DRAFT RESOLUTION PROTOCOL OF SAN SALVADOR:COMPOSITION AND FUNCTIONING OF THE WORKING GROUP TO EXAMINETHE PERIODIC REPORTS OF THE STATES PARTIES (Presented by the delegation of Argentina) (Approved by the Committee at its meeting of May 19, 2009) THE GENERAL ASSEMBLY, HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.) and resolutions AG/RES. 2074 (XXXV-O/05), AG/RES. 2178 (XXXVI-O/06), AG/RES. 2262 (XXXVII-O/07), and AG/RES. 2430 (XXXVIII-O/08); CONSIDERING the provisions of the American Convention on Human Rights, Chapter III of which refers to economic, social, and cultural rights; UNDERSCORING the entry into force, in November 1999, of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Protocol of San Salvador, and its ratification by 14 member states of the Organization of American States (OAS); RECALLING that both the American Convention and the Protocol of San Salvador recognize that the essential rights of an individual are not derived from ones being a national of a certain state, but are based upon attributes of the human person; RECALLING ALSO that, in Article 19 of the Protocol of San Salvador, the states parties undertake to submit, pursuant to the provisions of that article and the corresponding rules to be formulated for that purpose by the OAS General Assembly, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in said Protocol; TAKING INTO ACCOUNT that resolution AG/RES. 2074 (XXXV-O/05) adopted the Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador; that resolution AG/RES. 2178 (XXXVI-O/06) instructed the Permanent Council to make proposals as soon as possible, through the Committee on Juridical and Political Affairs, on the composition and functioning of the working group established to examine the national reports in accordance with the Standards; and that resolution AG/RES. 2262 (XXXVII-O/07) approved the composition and functioning of the Working Group to examine the national reports; TAKING NOTE of the preliminary document entitled Guidelines for Preparation of Progress Indicators in the Area of Economic, Social and Cultural Rights (CP/doc.4250/07), presented to the Permanent Council by the Inter-American Commission on Human Rights (IACHR) in November 2007, in accordance with the mandate issued in resolution AG/RES. 2262 (XXXVII-O/07); RECOGNIZING that the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, in November 2005, urged the member states to consider signing and ratifying, or acceding to, as the case may be, the Protocol of San Salvador, and to collaborate in the development of progress indicators in the area of economic, social, and cultural rights; and TAKING INTO ACCOUNT that the Working Group has been constituted in part and will be complete when the Permanent Council elects a government expert and an alternate, and the Secretary General appoints an alternate independent expert, RESOLVES: To urge the states parties to the Protocol of San Salvador to nominate, as soon as possible, candidates to serve as government expert and alternate, as well as a candidate to serve as alternate independent expert, so that the Working Group to examine the national reports will be complete. To initiate the activities of the Working Group, once it has been fully constituted, beginning with consideration and adoption of its Rules of Procedure. To delegate once again to the Permanent Council the election of the government expert and his or her alternate, who will complete the above-mentioned Working Group; and to authorize the Secretary General to appoint the independent expert and his or her alternate on that same occasion. To renew its request to the Permanent Council to consider and possibly approve, in the second half of 2009, progress indicators on the basis of the document Guidelines for Preparation of Progress Indicators in the Area of Economic, Social and Cultural Rights (CP/doc.4250/07), presented to the Permanent Council by the Inter-American Commission on Human Rights in November 2007. To reiterate that the time periods envisaged in resolution AG/RES. 2074 (XXXV-O/05) for submission of the national progress reports to be presented by the states parties to the Protocol of San Salvador will not begin to run until the progress indicators have been approved. To instruct that regulations be developed to govern the specific fund of voluntary contributions established by resolution AG/RES. 2430 (XXXVIII-O/08) in order to enable it to function effectively, and to request the Permanent Council to consider and approve Rules of Procedure for it proposed by the General Secretariat. To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Protocol of San Salvador. To request the Permanent Council to report to the General Assembly at its fortieth regular session on the implementation of this resolution, which shall be carried out within the resources allocated in the program-budget of the Organization and other resources. PAGE - PAGE 3 - FILENAME \* MERGEFORMAT CP22433E04 $ & E F \ e j l ) * h j { } | ~ V Y [ C h