Protocol of Amendment to the Charter of the Organization of American States (Protocol of Cartagena de Indias)
Done at: Cartagena de Indias
Date enacted: 1985-12-05
In force: 1988-12-16
In the name of their peoples, the American States represented at the Fourteenth Special Session of the General Assembly, meeting in Cartagena de Indias, Colombia
Have agreed upon the following Protocol of Amendment to the Charter of the Organization of American States
Article I
The text of the Preamble to the Charter of the Organization of American States is modified to read as follows:
In the name of their peoples, the States represented at the Ninth International Conference of American States,
Convinced that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;
Conscious that that mission has already inspired numerous agreements, whose essential value lies in the desire of the American peoples to live together in peace and, through their mutual understanding and respect for the sovereignty of each one, to provide for the betterment of all, in independence, in equality and under law;
Convinced that representative democracy is an indispensable condition for the stability, peace and development of the region;
Confident that the true significance of American solidarity and good neighborliness can only mean the consolidation on this continent, within the framework of democratic institutions, of a system of individual liberty and social justice based on respect for the essential rights of man;
Persuaded that their welfare and their contribution to the progress and the civilization of the world will increasingly require intensive continental cooperation;
Resolved to persevere in the noble undertaking that humanity has conferred upon the United Nations, whose principles and purposes they solemnly reaffirm;
Convinced that juridical organization is a necessary condition for security and peace founded on moral order and on justice; and
In accordance with Resolution IX of the Inter-American Conference on Problems of War and Peace, held in Mexico City,
Article II
The texts of the following articles of the Charter of the Organization of American States are amended to read as follows:
Article 1 The American States establish by this Charter the international organization that they have developed to achieve an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence. Within the United Nations, the Organization of American States is a regional agency. The Organization of American States has no powers other than those expressly conferred upon it by this Charter, none of whose provisions authorizes it to intervene in matters that are within the internal jurisdiction of the Member States. |
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Article 2 The Organization of American States, in order to put into practice the principles on which it is founded and to fulfill its regional obligations under the Charter of the United Nations, proclaims the following essential purposes:
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Article 3 The American States reaffirm the following principles:
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Article 8 The Permanent Council shall not make any recommendation nor shall the General Assembly take any decision with respect to a request for admission on the part of a political entity whose territory became subject, in whole or in part, prior to December l8, l964, the date set by the First Special Inter-American Conference, to litigation or claim between an extracontinental country and one or more Member States of the Organization, until the dispute has been ended by some peaceful procedure. This article shall remain in effect until December l0, l990. |
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Article 23 International disputes between Member States shall be submitted to the peaceful procedures set forth in this Charter. This provision shall not be interpreted as an impairment of the rights and obligations of the Member States under Articles 34 and 35 of the Charter of the United Nations. |
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Article 26 A special treaty will establish adequate means for the settlement of disputes and will determine pertinent procedures for each peaceful means such that no dispute between American States may remain without definitive settlement within a reasonable period of time. |
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Article 29 The Member States, inspired by the principles of Inter-American solidarity and cooperation, pledge themselves to a united effort to ensure international social justice in their relations and integral development for their peoples, as conditions essential to peace and security. Integral development encompasses the economic, social, educational, cultural, scientific and technological fields through which the goals that each country sets for accomplishing it should be achieved. |
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Article 34 The Member States should refrain from practicing policies and adopting actions or measures that have serious adverse effects on the development of other Member States. |
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Article 37 The Member States, recognizing the close interdependence between foreign trade and economic and social development, should make individual and united efforts to bring about the following:
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Article 45 The Member States will give primary importance within their development plans to the encouragement of education, science, technology, and culture, oriented toward the overall improvement of the individual, and as a foundation for democracy, social justice and progress. |
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Article 46 The Member States will cooperate with one another to meet their educational needs, to promote scientific research, and to encourage technological progress for their integral development. They will consider themselves individually and jointly bound to preserve and enrich the cultural heritage of the American peoples. |
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Article 49 The Member States will develop science and technology through educational, research, and technological development activities and information and dissemination programs. They will stimulate activities in the field of technology for the purpose of adapting it to the needs of their integral development. They will organize their cooperation in these fields efficiently and will substantially increase exchange of knowledge, in accordance with national objectives and laws and with treaties in force. |
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Article 52 The General Assembly is the supreme organ of the Organization of American States. It has as its principal powers, in addition to such others as are assigned to it by the Charter, the following:
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Article 63 In case of an armed attack on the territory of an American State or within the region of security delimited by the treaty in force, the Chairman of the Permanent Council shall without delay call a meeting of the Council to decide on the convocation of the Meeting of Consultation, without prejudice to the provisions of the Inter-American Treaty of Reciprocal Assistance with regard to the States Parties to that instrument. |
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Article 81 The Permanent Council shall serve provisionally as the Organ of Consultation in conformity with the provisions of the special treaty on the subject. |
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Article 90 In performing their functions with respect to the peaceful settlement of disputes, the Permanent Council and the respective ad hoc committee shall observe the provisions of the Charter and the principles and standards of international law, as well as take into account the existence of treaties in force between the parties. |
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Article 91 The Permanent Council shall also:
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Article 107 The Inter-American Juridical Committee shall be composed of eleven jurists, nationals of Member States, elected by the General Assembly for a period of four years from panels of three candidates presented by Member States. In the election, a system shall be used that takes into account partial replacement of membership and, insofar as possible, equitable geographic representation. No two members of the Committee may be nationals of the same State. Vacancies that occur for reasons other than normal expiration of the terms of office of the members of the Committee shall be filled by the Permanent Council of the Organization in accordance with the criteria set forth in the preceding paragraph. |
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Article 116 The Secretary General, or his representative, may participate with voice but without vote in all meetings of the Organization. The Secretary General may bring to the attention of the General Assembly or the Permanent Council any matter which in his opinion might threaten the peace and security of the hemisphere or the development of the Member States. The authority to which the preceding paragraph refers shall be exercised in accordance with the present Charter. |
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Article 127 The seat of the General Secretariat is the city of Washington, D.C. |
Article III
The following articles are deleted from the Charter of the Organization of American States: 30, 3l, 32, 33, 83, 84, 85, 86, 87 and 88.
Article IV
The following new articles are added to the Charter of the Organization of American States, as numbered below:
Article 8 Membership in the Organization shall be confined to independent states of the hemisphere that were members of the United Nations as of December l0, l985, and the nonautonomous territories mentioned in document OEA/Ser.P, AG/doc.l939/85, of November 5, l985, when they become independent. |
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Article 30 Inter-American cooperation for integral development is the common and joint responsibility of the Member States, within the framework of the democratic principles and the institutions of the Inter-American system. It should include the economic, social, educational, cultural, and scientific and technological fields, support the achievement of national objectives of the Member States, and respect the priorities established by each country in its development plans, without political ties or conditions. |
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Article 31 Inter-American cooperation for integral development should be continuous and preferably channeled through multilateral organizations, without prejudice to bilateral cooperation between Member States. The Member States shall contribute to Inter-American cooperation for integral development in accordance with their resources and capabilities and in conformity with their laws. |
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Article 32 Development is a primary responsibility of each country and should constitute an integral and continuous process for the establishment of a more just economic and social order that will make possible and contribute to the fulfillment of the individual. |
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Article 33 The Member States agree that equality of opportunity, equitable distribution of wealth and income and the full participation of their peoples in decisions relating to their own development are, among others, basic objectives of integral development. To achieve them, they likewise agree to devote their utmost efforts to accomplishing the following basic goals:
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Article 35 Transnational enterprises and foreign private investment shall be subject to the legislation of the host countries and to the jurisdiction of their competent courts and to the international treaties and agreements to which said countries are parties, and should conform to the development policies of the recipient countries. |
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Article 84 In accordance with the provisions of this Charter, any party to a dispute in which none of the peaceful procedures provided for in the Charter is under way may resort to the Permanent Council to obtain its good offices. The Council, following the provisions of the preceding article, shall assist the parties and recommend the procedures it considers suitable for peaceful settlement of the dispute. |
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Article 85 In the exercise of its functions and with the consent of the parties to the dispute, the Permanent Council may establish ad hoc committees. The ad hoc committees shall have the membership and the mandate that the Permanent Council agrees upon in each individual case, with the consent of the parties to the dispute. |
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Article 86 The Permanent Council may also, by such means as it deems advisable, investigate the facts in the dispute, and may do so in the territory of any of the parties, with the consent of the Government concerned. |
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Article 87 If the procedure for peaceful settlement of disputes recommended by the Permanent Council or suggested by the pertinent ad hoc committee under the terms of its mandate is not accepted by one of the parties, or one of the parties declares that the procedure has not settled the dispute, the Permanent Council shall so inform the General Assembly, without prejudice to its taking steps to secure agreement between the parties or to restore relations between them. |
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Article 143 Within the provisions of this Charter, the competent organs shall endeavor to obtain greater collaboration from countries not members of the Organization in the area of cooperation for development. |
Article V
Chapters VII, VIII and IX of the Charter of the Organization of American States are consolidated into a single Chapter VII entitled "Integral Development."
Therefore the remaining chapters of the Charter will be renumbered at the time the consolidated text thereof referred to in Article X of this Protocol is prepared.
Article VI
The following articles of the Charter of the Organization of American States shall be renumbered as follows:
8 becomes 151 (transitory provision) 50 becomes 51 |
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35 becomes 36 51 becomes 52 |
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36 becomes 37 52 becomes 53 |
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37 becomes 38 53 becomes 54 |
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38 becomes 39 54 becomes 55 |
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39 becomes 40 55 becomes 56 |
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40 becomes 41 56 becomes 57 |
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41 becomes 42 57 becomes 58 |
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42 becomes 43 58 becomes 59 |
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43 becomes 44 59 becomes 60 |
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44 becomes 45 60 becomes 61 |
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45 becomes 46 61 becomes 62 |
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46 becomes 47 62 becomes 63 |
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47 becomes 48 63 becomes 64 |
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48 becomes 49 64 becomes 65 |
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49 becomes 50 65 becomes 66 |
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66 becomes 67 108 becomes 107 |
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67 becomes 68 109 becomes 108 |
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68 becomes 69 110 becomes 109 |
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69 becomes 70 111 becomes 110 |
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70 becomes 71 112 becomes 111 |
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71 becomes 72 113 becomes 112 |
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72 becomes 73 114 becomes 113 |
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73 becomes 74 115 becomes 114 |
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74 becomes 75 116 becomes 115 |
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75 becomes 76 117 becomes 116 |
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76 becomes 77 118 becomes 117 |
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77 becomes 78 119 becomes 118 |
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78 becomes 79 120 becomes 119 |
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79 becomes 80 121 becomes 120 |
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80 becomes 8l 122 becomes 121 |
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81 becomes 82 123 becomes 122 |
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82 becomes 83 124 becomes 123 |
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89 becomes 88 125 becomes 124 |
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90 becomes 89 126 becomes 125 |
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91 becomes 90 127 becomes 126 |
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92 becomes 91 128 becomes 127 |
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93 becomes 92 129 becomes 128 |
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94 becomes 93 130 becomes 129 |
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95 becomes 94 131 becomes 130 |
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96 becomes 95 132 becomes 131 |
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97 becomes 96 133 becomes 132 |
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98 becomes 97 134 becomes 133 |
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99 becomes 98 135 becomes 134 |
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100 becomes 99 136 becomes 135 |
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101 becomes 100 137 becomes 136 |
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102 becomes 101 138 becomes 137 |
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103 becomes 102 139 becomes 138 |
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104 becomes 103 140 becomes 139 |
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105 becomes 104 141 becomes 140 |
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106 becomes 105 142 becomes 141 |
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107 becomes 106 143 becomes 142 |
Article VII
The present Protocol shall remain open for signature by the Member States of the Organization of American States and shall be ratified in accordance with their respective constitutional procedures. The original instrument, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat, which shall transmit certified copies thereof to the Governments for purposes of ratification. The instruments of ratification shall be deposited with the General Secretariat, which shall notify the signatory States of such deposit.
Article VIII
The present Protocol shall be open for signature and ratification by other American States that, in accordance with their respective constitutional procedures, have signed and ratified the Charter of the Organization of American States, dated April 30, l948, and the Protocol of Buenos Aires, dated February 27, l967, which introduced amendments thereto.
Article IX
The present Protocol shall enter into force when two thirds of the present Member States of the Organization of American States have deposited their instruments of ratification. At the time this requirement is met, it shall also enter into effect for those States not presently members of the Organization that have become members and have deposited their instruments of ratification of this Protocol. This Protocol shall enter into effect for the remaining States on the date on which they deposit their respective instruments of ratification.
Article X
When the present Protocol enters into force, the General Secretariat shall prepare a consolidated text of the Charter of the Organization of American States that shall include the provisions of that Charter that have not been amended, the amendments in force as introduced by the Protocol of Buenos Aires, and the amendments introduced by the present Protocol. This consolidated text shall be published upon approval by the Permanent Council of the Organization.
Article XI
The present Protocol shall be registered with the Secretariat of the United Nations through the General Secretariat of the Organization of American States.
In witness whereof, the undersigned Plenipotentiaries, whose powers have been found to be in due and proper form, sign the present Protocol, which shall be called "Protocol of Cartagena de Indias," in the city of Cartagena de Indias, Colombia, on the fifth day of December of the year one thousand nine hundred eighty-five.