Working Group to Study the Possibility of   Granting Status to Non-governmental Organizations (NGOs) in the OAS

REPORT BY THE WORKING GROUP TO STUDY THE POSSIBILITY OF GRANTING STATUS TO NON-GOVERNMENTAL ORGANIZATIONS (NGOs) IN THE OAS

(This document was inadvertently classified as CP/CAJP-1156/96)

I. BACKGROUND

On July 11, 1994, the Committee on Juridical and Political Affairs (CAJP) established the Working Group to Study the Possibility of Granting Status to Non-Governmental Organizations (NGOs) in the OAS, in response to a request from the Permanent Mission of Canada that the Permanent Council consider the topic "Study of the Possible Granting of Status to Non-Governmental Organizations (NGOs)^/. At a previous meeting on May 9, 1994 the Permanent Council had considered this request and decided to forward this matter to the CAJP.

II. PROCEEDINGS

II.1 Meetings and objective

The Working Group held a series of meetings between July 18, 1994 and October 10, 1996. In an effort to ascertain the actual nature of involvement of NGOs in the Organization's meetings, programs and other operations, the Working Group invited the heads of several areas within the General Secretariat, and of organs, agencies and entities of the Organization to attend these meetings. The Group also considered it worthwhile, from a comparative standpoint, to learn of the relationship between NGOs and other organizations in the Inter-American System, as well as with the United Nations system. The objective was to determine from the information thus gathered, what was the current status of NGOs in the Organization, what criteria governed such status, was there need for improvement in OAS-NGO relations, and if so, how this might be achieved, and what should be the status, if any, of NGOs in the Organization.

II.2 Documentation

In response to the Working Group's request, the General Secretariat provided information pertaining to NGO relations within the OAS and with other international organizations, notably the United Nations, and prepared the following documents:

- Nongovernmental Organizations with which the Organization of American States has Established Cooperative Relations (CA/CAJP-962/94), to which is appended the applicable Standards on Cooperative Relations between the Organization of American States and the United Nations, its Specialized Agencies, and Other International and National Organizations [AG/RES.57 (I-O/71)].

- Comparative Chart on Nongovernmental Organizations' Rights at the United Nations Conferences", contained in document CP/CAJP-1005/95.

The General Secretariat also informed the Working Group about the historical interest by the OAS in establishing relationships with non-governmental organizations, dating back to 1948 when Article 53 (d) of the 1948 OAS Charter established as a duty of the Council of the Organization the concluding "of agreements or special arrangements for cooperation with other American organizations of recognized international standing." In 1949 the Council approved the first Standards for the Celebration of Agreements or Special Arrangements between the Council and its Organs and Nongovernmental Organizations. These early standards were revised and simplified several times until their approval by the General Assembly of the Organization in 1971, of the Standards on Cooperative Relations contained in AG/RES. 57, cited above. Articles 13 through 22 of these Standards on Cooperative Relations refer to Relations with Nongovernmental Organizations.

Article 13 states that relations may be established with NGOs

"...whose objectives and activities are compatible with the principles and purposes of the Organization...",

and that they may be either general or special in nature.

Articles 14 through 17 refer to general relations with NGOs which may be established at the initiative of any of the organs of the Organization, of the Secretary General, or of the interested NGO. In such general relationships, NGOs answer inquiries and provide the OAS with advisory services on matters within their sphere of competence, and disseminate among their members information provided by the OAS on its objectives and activities. These relations also allow for the exchange of documents and publications, consultation in writing on matters of common interest, and mutual invitations to meetings within the rules of each meeting. The OAS has established general cooperative relations with approximately one hundred NGOs.

Special relations (Articles 18-22 of the said Standards) have been very frequent between the technical areas and NGOs, allowing program execution on behalf of the OAS, joint projects, and the contribution of technical, administrative or financial resources for the programs of the OAS. There have been hundreds of these special relations but to date there is no comprehensive list of the relevant NGOs.

Each year several NGOs attend the General Assembly, as special guests, in accordance with the Rules of Procedure of the General Assembly^/.

In the case of specialized conferences, General Assembly resolution AG/RES. 85 (II-O/72), Standards for the Inter-American Specialized Conferences, in Article 11, allows for participation by NGOs in the following terms:

"Except for the cases specified in basic instruments establishing special procedures, the following may accredit observers to the specialized conferences:

c. International or national organizations that maintain cooperative relations with the Organization or with the inter-American specialized organization sponsoring the conference or, in other cases, when the organ at whose initiative the conference is convoked expressly decides to do so..."

Under the general terms of AG/RES. 85 (II-O/72) different specialized conferences, technical and special meetings have developed more detailed rules of procedure in accordance with their respective requirements.

The Chair also informed the Working Group that the UN had recently finished a three year process that led to the adoption of a new set of rules on NGO participation. The Chair considered it desirable to take these UN rules into account.

II.3 Relations with NGOs

NGOs participate not only in specialized conferences, but also in technical and special meetings of the OAS. The Working Group found that it would be useful to make practical recommendations to ensure consistent practices. Recent events, such as the Regional Conference on Confidence and Security-Building Measures^/, Meeting of Experts in the Area of Environmentally Sound Technologies for Small- and Medium-Sized Enterprises^/, Specialized Conference on the Draft Inter-American Convention against Corruption^/, Inter-American Specialized Conference on Terrorism^/, and the First Special Meeting of the Working Group on OAS Cooperation regarding the Hemispheric Summit on Sustainable Development^/, are examples of meetings in which NGOs participated and which might be taken into consideration.

At the invitation of the Chair, several persons from the General Secretariat, the organs, agencies and entities of the Organization and from within the Inter-American System, made presentations to the Working Group on their interaction with NGOs.

II.3.i General Secretariat

July 18, 1994

Department of Regional Development and Environment (DRD&E): Kirk P. Rodgers, Director, indicated "very fruitful and very long cooperative relationships" with NGOs and described three basic types: contracts for specific functions, growing most rapidly with local NGOs; co-financing arrangements (NGOs contribute money, staff or other services); and consultation on pertinent issues.: Kirk P. Rodgers, Director, indicated "very fruitful and very long cooperative relationships" with NGOs and described three basic types: contracts for specific functions, growing most rapidly with local NGOs; co-financing arrangements (NGOs contribute money, staff or other services); and consultation on pertinent issues.

Inter-American Commission on Human Rights (IACHR): David Padilla, Assistant Executive Secretary, explained the specialized functions played by NGOs in collaboration with the IACHR, in the petition process, presentation on individual cases and general situations, information-gathering for on-site visits, legal opinions and provision of technical assistance and financing. He concluded that the "high-level of interaction between the Commission and NGOs ... has served to amplify the Commission's ability to realize its goals of the promotion and protection of human rights".: David Padilla, Assistant Executive Secretary, explained the specialized functions played by NGOs in collaboration with the IACHR, in the petition process, presentation on individual cases and general situations, information-gathering for on-site visits, legal opinions and provision of technical assistance and financing. He concluded that the "high-level of interaction between the Commission and NGOs ... has served to amplify the Commission's ability to realize its goals of the promotion and protection of human rights".

April 22, 1996

Inter-American Drug Abuse Control Commission (CICAD): David Beall, Execuive Secretary, stated that, based on the Standards on Cooperative Relations, CICAD has both formal and informal relations with approximately twenty-seven NGOs at present, and underscored that NGOs have very good local knowledge and are therefore, essential to good functioning of programs at the community level. CICAD intends to continue working closely with NGOs.: David Beall, Execuive Secretary, stated that, based on the Standards on Cooperative Relations, CICAD has both formal and informal relations with approximately twenty-seven NGOs at present, and underscored that NGOs have very good local knowledge and are therefore, essential to good functioning of programs at the community level. CICAD intends to continue working closely with NGOs.

Inter-American Council for Integral Development (CIDI): Leonel Zúñiga, Acting Executive Secretary, discussed the possible role for NGOs in CIDI once it starts functioning. In this regard, the Acting Executive Secretary suggested that regional NGOs linked to cooperation should participate with observer status at ministerial level meetings held by CIDI, at specialized meetings of CIDI, and in the non-permanent committees of CIDI. Mr. Zúñiga also indicated that there would be a role for NGOs as auxiliaries to projects carried out by the Secretariat, taking advantage of the valuable human resource at the community level provided by NGOs.: Leonel Zúñiga, Acting Executive Secretary, discussed the possible role for NGOs in CIDI once it starts functioning. In this regard, the Acting Executive Secretary suggested that regional NGOs linked to cooperation should participate with observer status at ministerial level meetings held by CIDI, at specialized meetings of CIDI, and in the non-permanent committees of CIDI. Mr. Zúñiga also indicated that there would be a role for NGOs as auxiliaries to projects carried out by the Secretariat, taking advantage of the valuable human resource at the community level provided by NGOs.

Office of the Secretary General, Public Relations: Thomas Bruce, Special Advisor to the Secretary General on External Communications, addressed the Group on the ways in which recent technological developments, in particular the use of the Internet, might transform OAS/NGO relations and OAS outreach efforts. Mr. Bruce noted that increased dialogue between the OAS and NGOs would afford the OAS both an audience for its own activities as well as an opportunity to better appreciate what is being done in the field, and suggested that the OAS could, through the Internet, newsletters and brochures, develop the required clearing-house of information. The Special Advisor also informed the Group that the OAS HomePage on the Internet currently has a monthly subscription of over 3000.: Thomas Bruce, Special Advisor to the Secretary General on External Communications, addressed the Group on the ways in which recent technological developments, in particular the use of the Internet, might transform OAS/NGO relations and OAS outreach efforts. Mr. Bruce noted that increased dialogue between the OAS and NGOs would afford the OAS both an audience for its own activities as well as an opportunity to better appreciate what is being done in the field, and suggested that the OAS could, through the Internet, newsletters and brochures, develop the required clearing-house of information. The Special Advisor also informed the Group that the OAS HomePage on the Internet currently has a monthly subscription of over 3000.

II.3.ii Other organizations in the Inter-American System

April 29, 1996

Pan American Health Organization (PAHO): David Brandling-Bennett, Deputy Director, informed that PAHO's Constitution allows it to make suitable arrangements for "consultation and cooperation" with NGOs in carrying out its international health work, and that in 1995 PAHO Member Governments adopted a basic document entitled "Principles Guiding Relations Between the Pan American Health Organization and Non-governmental Organizations" which outlines criteria and procedures for working formally with NGOs. PAHO has a history of official relations with NGOS that provide technical assistance and training and undertake research, which relationship is expanding. The Deputy Director identified PAHO's specific objective in fostering heightened cooperation and dialogue between governments and NGOs to support better means for technical cooperation and program support; to promote the exchange of information and experiences between NGOs and governments; to link government-NGO services in order to avoid duplication and waste of resources; and to provide technical training and develop national action plans for government-NGO collaboration.: David Brandling-Bennett, Deputy Director, informed that PAHO's Constitution allows it to make suitable arrangements for "consultation and cooperation" with NGOs in carrying out its international health work, and that in 1995 PAHO Member Governments adopted a basic document entitled "Principles Guiding Relations Between the Pan American Health Organization and Non-governmental Organizations" which outlines criteria and procedures for working formally with NGOs. PAHO has a history of official relations with NGOS that provide technical assistance and training and undertake research, which relationship is expanding. The Deputy Director identified PAHO's specific objective in fostering heightened cooperation and dialogue between governments and NGOs to support better means for technical cooperation and program support; to promote the exchange of information and experiences between NGOs and governments; to link government-NGO services in order to avoid duplication and waste of resources; and to provide technical training and develop national action plans for government-NGO collaboration.

Inter-American Development Bank (IDB): Nan Borroughs, Government Affairs Officer, Office of the External Affairs, stated that while there is no institutional policy nor are there procedures on collaboration with NGOs, IDB-NGO relations are institution-wide, and this is steadily increasing. Additionally, certain measures have been put in place to facilitate such relations, for example, the Internet and a new Public Information Center, both of which allow for IDB documents to be accessed by the public.: Nan Borroughs, Government Affairs Officer, Office of the External Affairs, stated that while there is no institutional policy nor are there procedures on collaboration with NGOs, IDB-NGO relations are institution-wide, and this is steadily increasing. Additionally, certain measures have been put in place to facilitate such relations, for example, the Internet and a new Public Information Center, both of which allow for IDB documents to be accessed by the public.

III. CONCLUSIONS

The Working Group has at this point, completed important work, and is pleased to present this report for consideration by the Committee on Juridical and Political Affairs.

1. The Working Group recognized the valuable contributions by NGOs to the Organization.

2. The Working Group recognized that NGOs have a status within the OAS governed by the Standards on Cooperative Relations and the Standards for the Inter-American Specialized Conferences, cited above.

3. The Working Group has carefully reviewed this existing legal framework and found that even though general, these Standards allow for NGO participation in OAS meetings, and do not need to be amended.

4. The Working Group recognized nonetheless, the usefulness of defining practical recommendations to ensure consistent practices and enhance OAS-NGO relations.

i. These would include consideration by the Member States of:

a) the definition of selection criteria with regard to NGO participation in programs, projects and activities;

b) financing, and

c) document dissemination.

ii. The Working Group recommends that the General Secretariat examine the following:

a) the establishment and periodic update of a register of NGOs with which the OAS has relations; and

b) the improvement of OAS-NGO relations through a regular, mutually beneficial, information-sharing program facilitated by the Department of Public Information. There should be a public information strategy which could serve inter alia, to promote awareness of the OAS, allow NGOs which have not previously had relations with the OAS to do so, and permit the OAS to more effectively access NGOs.

5. The Working Group considers that it has fulfilled its mandate, and recommends, however, in light of its experience on this subject, that it proceed to address the pending matters noted above.

February 4, 1997

CP02883.E

APPENDIX II

DRAFT RESOLUTION STATUS OF NON-GOVERNMENTAL ORGANIZATIONS (NGOs) IN THE OAS THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES

HAVING SEEN the Report by the Committee on Juridical and Political Affairs (CAJP) on the status of non-governmental organizations (NGOs) in the Organization of American States (CP/doc..../97);

TAKING INTO ACCOUNT the existent Standards on Cooperative Relations and Standards for the Inter-American Specialized Conferences which accord status to NGOs in the OAS and govern relations between the Organization and NGOs;

RECOGNIZING:

That many NGOs make valuable contributions to the Organization;

That the above mentioned Standards provide NGOs a legal status in the OAS with appropriate flexibility; and

That the Miami Summit of the Americas, the Santa Cruz Summit of the Americas on Sustainable Development and the Inter-American Programs acknowledge the important role of NGOs; and

CONSIDERING that the Working Group has fulfilled its mandate, but it is nevertheless useful to ensure consistency and the enhancement of relations between the OAS and NGOs,

RESOLVES:

1. To commend the Committee on Juridical and Political Affairs (CAJP) and its Working Group to Study the Possibility of Granting Status to NGOs in the OAS, on having completed its mandate, and to express its special appreciation to the Chair of the said Working Group.

2. To instruct the General Secretariat to:

a) to prepare and submit to the Permanent Council, draft practical guidelines to ensure consistency and enhancement of relations between the OAS General Secretariat and NGOs, which include:

i. the definition of selection criteria with regard to NGO participation in programs, projects and activities;

ii. financing, and

iii. document dissemination;

b) present to the Permanent Council and Permanent Executive Committee of the Inter-American Council for Integral Development (CEPCIDI), a written report indicating the ways to improve relations between the OAS General Secretariat and NGOs and the role of the Department of Public Information in this process; and

c) prepare and periodically update a register of NGOs with which the OAS has relations and report to the Permanent Council and the CEPCIDI on its compliance with this mandate.

3. To transmit this resolution to the CEPCIDI and request information and advisory services on NGO related matters to ensure appropriate coordination.

4. To transmit to the CEPCIDI the draft guidelines prepared under operative paragraph 2 above.