Inter-Parlamentary Forum of the Americas Forum Interparlamentaire des Amériques Foro Interparlamentario de las Américas Fórum Interparlamentar das Américas

Working Group 1—Legal Instruments on Security

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.