Report and Recommendations

Both sessions of the Working Group were carried out in a friendly and enthusiastic atmosphere with the active participation of more than 15 parliamentarians and the intervention of a senator via satellite.

The first session focused on security and its objectives. During the second session, existing international legal instruments and those pending ratification, as well as the serious threat of terrorism, were discussed. Participating legislators referred to measures in favor of security in their domestic legislation, as well as the great responsibility they have to defend the rights of those whom they represent and the stability and proper functioning of their countries.

It was commented that the concept of security is much broader than the concept of defense, which mainly considers military criteria and military activities. Therefore, there is a need to broach the subject of security from a point of view that takes into account the problems faced by the countries of the hemisphere, such as: the illegal traffic of drugs, weapons and persons, human rights violations and crimes against humanity, corruption, terrorist acts and organized crime.

It was pointed out that underdevelopment, poverty, weak and unstable economies, as well as unemployment are elements that threaten internal and hemispheric peace and security. It is therefore necessary to consider aspects such as the fostering of democracy, social and economic development, the fight against poverty and education, as a new vision of hemispheric security.

The legislators agreed to review the international legal instruments that are pending signature or ratification on the subject, and to promote pertinent legal reforms in each country in order to effectively fight terrorism and contribute to the establishment of a hemispheric legal shield based on a collective strategy for security and peace.

They also mentioned the possible categorization of security and terrorism problems, such as military threats from outside and within the hemisphere; new concepts of security based on internal problems and in particular socioeconomic factors; and terrorism in all its manifestations, including State terrorism.

Each of these categories requires the development and implementation of specialized policies that will lead to appropriate solutions to threats of insecurity and terrorism.

Nations must have legal instruments that guarantee their security. Therefore, they must continue to create and design international agreements and pertinent national measures.

The parliamentarians unanimously rejected all expressions of terrorism, notwithstanding their form, origin, or purposes.

Recommendations:

To declare absolute and forceful condemnation of terrorist acts in any of their manifestations, come where they may, that infringe upon universal human rights and the international community.

To urge FIPA’s member parliaments to sign and ratify regional and international instruments containing provisions aimed at fighting terrorism and on security matters as soon as possible.

To ask FIPA members to promote the adoption of measures within their own national legal frameworks that prevent, combat, and punish terrorism .

To assist the work of the Inter-American Committee Against Terrorism of the Organization of American States.

To urge international organizations responsible for the development of international legal instruments to ensure the timely involvement of the parliamentarians of the countries of the Americas.

To urge member states to include language in both the preambular and operative sections of the Convention to require that all prescribed actions are taken with full respect for both human rights and fundamental freedoms and for all relevant international human rights conventions, including the Geneva Conventions. In the wake of September 11, it is exceedingly important to emphasize that enhanced security and the promotion and protection of human rights are not mutually exclusive. We must remain aware of the inherent value of itegrating a human rights perspective into all our work.

We invite all the parliamentarians of the hemisphere to encourage the speedy approval of the Inter-American Convention for the Prevention and Elimination of Terrorism of the Organization of American States.

To support the Resolution to Strengthen Hemispheric Cooperation to Prevent, Combat and Eliminate Terrorism of the Third Meeting of Consultation of Ministers of Foreign Affairs of the OAS held on September 21, 2001, with particular regard to the article that urges all member states to promote the broadest possible tolerance and
peaceful coexistence within their societies; acknowledge political, racial, cultural, ethnic, sexual and religious diversity in the communities that make up our hemisphere and whose rights and fundamental freedoms were recently reaffirmed in the Inter–American Democratic Charter.

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Working Group 2 “The Issue of Organized Crime” was chaired by Mr. Louis Tull from Barbados. Mr. Jorge Eastman from the Organization of American States (OAS) acted as facilitator.

The Working Group engaged in a cordial and well-informed debate on terrorism and organized crime, money laundering and their effects in their respective countries. The participants related their experiences in their fight against drug trafficking, money laundering and terrorism with emphasis on finding newer approaches to fight these problems rather than concentrating on current policies that emphasize control
measures. They also highlighted the legislative work undertaken in their countries to combat organized crime and their efforts at ratifying pertinent international conventions.

Recommendations:

The Working Group reached consensus on the following recommendations on the theme of organized crime, drug trafficking and terrorism:

There is a need to gain a better and deeper understanding on the causes and motivations for the actions by terrorists. Causes such as poverty, corruption, bad governance, fanaticism and social injustice and inequality all contribute to the rise in terrorism and thus lead to insecurity .

Human rights should not be violated in the zeal to tackle terrorism.

The countries should consider creating a network of cooperation for sharing intelligence information to prevent these crimes.

Efforts should be undertaken to harmonize criminal law so that differing treatment does not occur that could affect extradition matters.

There should be a concentrated effort to attack the source of terrorism financing.

Attention should be paid to the consequences that disproportionately affect small countries as a result of these strategies to fight terrorism.

Strengthening democratic government institutions is fundamental to the protection of fundamental human rights.

Universal education is critically important for attacking the causes of poverty and consequently the criminal activity that arises from this.

They expressed their solidarity in the reestablishment of dialogue and cessation of hostilities in Colombia. Likewise, there is concern about the negative consequences that affect the neighboring countries through the expansion of this conflict.

The strategies to combat drug trafficking should be constantly examined. With the failure of so-called “zero-tolerance” policies to decrease consumption in developed countries, the difficulties in substituting drug-producing crops by farmers in the producing countries, as well as the weakness in controlling the international financial system to avoid money laundering and the financing of drug trafficking networks, it is necessary to consider other strategies that will allow for a multi-faceted approach to tackle this problem.

A forum should be created to discuss new and novel approaches to combat drug trafficking.

After a lengthy discussion, the Working Group decided to include the following point as an issue to be included in this report, although it did not reach consensus to be included as a recommendation.

Persons deported to their country of origin for criminal activities are often forced to continue such activity in order to survive. The sending country should provide financial resources to the deportee’s country to assist in the rehabilitation and training of deportees.

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Working Group 3, “Migration and Borders” was chaired by Mr. Carlos Santiago Nájera, from Guatemala, and facilitated by Mr. Rodolfo Tuirán from Mexico, who made a presentation on migration in Latin America.

During the meeting of Working Group 3, the delegates gave a brief explanation of migration in their countries. Migration is a global phenomenon with many diverse causes including, more commonly, the economic asymmetry among countries, differences in salaries, socioeconomic polarization, poverty, internal conflicts and natural disasters. In each country these causes differ.

Several of the consequences of migration were raised: the loss of human capital, the “brain drain” and the altered balance of costs and benefits to the economies of origin and of destination; and the receipt of currency through remittances, among others. In this regard, the productive use of remittances could become an instrument for
development in the countries of origin of migration.

Group 3 noted that the Latin American migrants to the United States enrich the society in the economic, social and cultural senses.

Mention was made that government action is carried out at several levels :

At the national level, migration is regulated by the establishment of laws and policies to control the flow of migration. It is important to point out the need to modernize the administration of migration.

Opportunities for dialogue have been created at the bilateral and multilateral level between the countries of origin and destination of migration; consulting mechanisms have been established; programs to regulate migration have been created and cooperation in this regard has been strengthened.

Group 3 indicated the convenience of accompanying the economic integration process within the countries of the region regarding the updating of migration policies; the importance of advancing the standardization of domestic legislation in order to combat migration traffic; the significance of ratifying international instruments that guarantee the protection of human rights and combat the trafficking of persons and foster cooperation among countries.

A proposal was made to strengthen the work of FIPA’s Migration and Borders Group with the executive and judicial branches of each member country and with international organisms such as the IOM, WTO, UNICEF, UNIFEM, human rights organizations, the European Union, among others.

FIPA must be a forum that allows the analysis of international resolutions on migration with the objective of enriching the work of this group so parliamentarians can adopt said resolutions in their own countries in order to legislate on the respective subjects.

The lack of participation of the parliamentarians of the United States of America was deeply regretted since they are a fundamental party in the search for solutions for all countries.

Recommendations:

We, the delegates of the national legislatures represented at the Inter–Parliamentary Forum of the Americas (FIPA), currently in session in Mexico City,

Conscious that migration is a global phenomenon that has many diverse causes, including, more commonly, the economic asymmetry among countries, differences in salaries, socioeconomic polarization, poverty, internal conflicts, and natural disasters,

Recommend:

To strengthen, at the bilateral and multilateral levels, the creation of opportunities for dialogue among the countries of origin and destination of migration. To this end, it is necessary to establish consultation mechanisms to create norms and programs that foster secure, legal and orderly migration.

To advance the standardization and harmonization of national legislation to prevent and eradicate illegal trafficking in human beings and the forgery and adulteration of documents.

To promote the creation and ratification of international instruments that protect the human rights of migrating persons, with special emphasis on the rights of children, adolescents and women.

To promote the critical analysis of the responsibilities of the countries of origin of migration together with those of the countries of destination.

To strengthen the cooperation and coordination of nations in the fight against terrorism and to guarantee the careful balance between the objectives of security and those that facilitate the international movement of people.

To encourage the production and circulation of information and knowledge in order to achieve greater reliability and effectiveness in the policies and norms relating to migration.

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Working Group 4 “Free Trade Area of the Americas (FTAA)” was chaired by Senator Céline Hervieux-Payette from Canada. Mr. Tom Oommen acted as facilitator.

The group addressed the issue of economic integration in the Hemisphere highlighting the need for an active and effective participation by national legislatures in the process to establish FTAA. Delegations from all regions in the hemisphere discussed a wide range of topics based on a summary of the draft chapters produced by the nine Negotiating Groups of the FTAA. These draft chapters were published after the Third Summit of the Americas, held in Quebec City, Canada, in April 2001.

The Working Group took note of a presentation by the Mexican delegation and the distribution of a Draft Model Law on the Role of National Legislatures in trade negotiations. The Group thanked the Mexican delegation and agreed to study the model law in the context of their own systems and practices.

The Delegations of Canada and Mexico agreed to create a working group to develop a study on the effects of NAFTA after 7 years from its entry into force, including Chapter 11.

Recommendations:

Free Trade Area of the Americas:

Aware that poverty and inequality limit the possibilities of economic integration of the Americas, and

Convinced that the integration of the hemisphere should not be limited to commercial aspects but should take into account the social and environmental dimension of trade agreements,

We Parliamentarians of the Americas

Recommend that the FTAA negotiating process should be part of a broader effort to create prosperity and expand economic opportunities while fostering social justice, the realization of human potential, and environmental sustainability.

Situation in Argentina:

FIPA expresses concern over the economic crisis affecting Argentina and the effects that this crisis may have on other economies of the region. The Forum highlights the importance of facilitating increased exports from Argentina as a means of stablizing its currency and generating income from international sources. During the discussions it was noted that elimination of subsidies that distort international prices as well as tariffs, quotas, and non-tariff barriers could effectively assist Argentina and would represent an advance in the process of trade liberalization.

Role of Parliaments:

Certain of the significance of an effective participation of Parliaments in trade negotiations as representatives of people in the Americas, and

Realizing the crucial responsibility for enhancing understanding of the implications of the creation of the Free Trade Area of the Americas,

We Parliamentarians of the Americas

Recommend the introduction of the FTAA negotiating process as a topic of permanent discussion in all national legislatures as a matter of priority for all countries in the Hemisphere;

Recommend the exchange of information and experiences between national legislatures regarding the negotiation and implications of trade agreements.

We Parliamentarians of the Americas

Recognizing the impact of international trade on the peoples of the Americas,

Recognizing that international trade is not only a matter of interest to corporations but impacts also on employment, income, standard of living and the welfare of the population, and

Considering that national legislatures are the legitimate representatives of the interests of the population,

Recommend that national legislatures of the Americas have decisive participation in the development of trade agreements of any nature.

Transparency:

Convinced of the need for a permanent commitment to transparency and to increasing and sustained communication with civil society, and

Noting the decision to make public the preliminary draft text of the FTAA Agreement after the Third Summit of the Americas,

We Parliamentarians of the Americas

Call on our governments to ensure that civil society has a clear perception of the development of the FTAA negotiating process and to consider the regular publication of the draft text of the FTAA Agreement.

Market Access:

Recognizing the value of a rules-based multilateral and regional trading system, and

Concerned with unilateral actions not in accordance with international trade rules, which privilege local or domestic interests,

We Parliamentarians of the Americas

Call on our governments to avoid unilateral policies or measures that limit market access and adversely affect international trade and investment, and

Recommend that the FTAA negotiating process establish clear, transparent, and effective rules to prevent protectionist trade practices and facilitate trade in the hemisphere.

Agriculture:

Cognizant of the utmost importance of Agriculture for most countries in the Hemisphere, and

Recognizing the particular vulnerability, sensitivity, and structural difficulties of the agricultural sectors in developing countries,

We Parliamentarians of the Americas

Recommend that the development needs of countries be taken into account and made an integral part of the FTAA negotiations in Agriculture, including traditional methods of farming, food security, and rural development;

Recommend the elimination of agricultural export subsidies and other trade-distorting practices for agricultural products affecting trade in the hemisphere; and

Recommend that sanitary and phytosanitary measures not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between countries or a disguised restriction to international trade.

Investment:

Recognizing the complex political and technical issues in the area of investment, including definition of investment, expropriation, performance requirements and investor-state dispute settlement mechanisms,

We Parliamentarians of the Americas

Consider that the rule of law is the best guarantee for foreign direct investment, and

Recommend that the FTAA negotiating process establish transparent, just, stable, and predictable conditions, particularly for foreign direct investment, to prevent the possibility of using provisions or interpretation of provisions in trade agreements to pursue frivolous lawsuits against national governments.

Intellectual Property:

Certain that ownership and policies for the use of natural and cultural resources are part of the sovereign rights of each of the countries in the hemisphere,

We Parliamentarians of the Americas

Recommend that the FTAA negotiating process take into account all the concerns of countries in issues of intellectual property related to access to genetic resources, indigenous and traditional knowledge, and the right of each country to protect public health and access to medicines for all.

Services:

Acknowledging that services constitute a key sector for the economies of the hemisphere, and

Aware of the complexities and breadth of the different sectors covered in services trade negotiations,

We Parliamentarians of the Americas

Recommend that the FTAA negotiating process take into account all the concerns of countries, in particular those related to public and/or sensitive services such as health and education, which are closely linked to national and cultural identity.

Smaller Economies:

Aware of the differences in the level of development and size of the economies in the hemisphere and the challenges that a process like the FTAA represents to all participating countries, and

Believing that economic integration cannot be fully realized without fair trade rules that take into account the level and differences in the level of development and size of the economies,

We Parliamentarians of the Americas

Recommend that smaller economies receive the treatment that they require to ensure their full participation in the negotiations for the construction of the FTAA, including consideration of cooperation mechanisms.

Sub-regional Trade Agreements and WTO Consistency:

Aware of the numerous trade agreements in force and ongoing negotiations in the hemisphere and the need for consistency with rules and disciplines of the WTO,

We Parliamentarians of the Americas

Call on our governments to avoid provisions that are inconsistent with WTO rules and disciplines, and ensure that an eventual FTAA Agreement can coexist with existing sub-regional and bilateral trade agreements.

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