Organization of American States Summits of the Americas
 
Follow-up and Implementation: Mandates
  

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JUSTICE AND RULE OF LAW: Transparency
MANDATES

  1. Take concrete actions, with the participation and collaboration of civil society, to improve the promotion and protection of human rights defenders, including those working on environmental matters, to include:

    • b. Public and inclusive participation and access to judicial and administrative procedures and to information on public policies; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Seek into integrate in National Action Plans of the Open Government Partnership commitments by the legislative and judicial branches, constitutional bodies, and subnational governments, where appropriate, and in accordance with domestic legislation. (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Promote transparency and reliance by our governments on good regulatory and administrative practices that protect people, increase accountability, predictability and inclusion, and support strong and resilient economies, through measures such as:

    • a. Establishing, maintaining, or improving our respective processes and mechanisms to develop regulations in an open and transparent manner with citizen participation, and take concrete steps to implement good regulatory practices across the region, including through cooperative activities, sharing best practices, engagement with the private sector, and bilateral and multilateral initiatives; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).

  1. Promote transparency and accountability in the management, publication, and use of open data and digital technologies, including the responsible and ethical development and use of artificial intelligence systems and other transformative technologies, while protecting individual privacy and personal data and promoting equity and respect for human rights and inclusive growth; and foster transparency and accountable use of algorithms that enable their auditing and technical evaluation, in a manner consistent with domestic legislation and international law. (Regional Agenda for Digital Transformation, IX Summit of the Americas, Los Angeles, 2022).

  1. Foster coordinated and transparent practices in the digital issuance of government permits by, inter alia, using digital one-stop shops as a measure to prevent corruption, promote competitiveness, and expedite the corresponding permits. (Regional Agenda for Digital Transformation, IX Summit of the Americas, Los Angeles, 2022).

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  1. We reaffirm that democratic governance based on respect for the rule of law and which is stable, transparent, effective, inclusive, and accountable, contributes to creating the enabling environment to attract investment, build economic prosperity, foster the creation of decent work, and achieve social justice (Declaration of Mar del Plata, 2005).

  1. Accountability is a key instrument to achieve transparency and efficiency in the use of resources administered by our governments. Fighting corruption is a key aspect of strengthening democracy and economic growth. For this reason, we call upon states to implement the Inter-American Convention against Corruption and participate fully in the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption. We stress the importance of the oversight role of legislatures, as appropriate, in the fight against corruption and the importance of promoting inter-parliamentary exchanges to encourage the development of national and international strategies to fight against corruption (Declaration of Mar del Plata, 2005).

  1. Therefore, we commit, where necessary and appropriate, to: strengthen property rights and expand the use of property as collateral, ensuring enforceable, efficient, transparent, comprehensive, and equitable rules governing property contracts; and improve or promote the related measures governing the transfer of property, property registries, the use of property as collateral, and the rights and responsibilities of debtors and creditors (Declaration of Nuevo León, 2004).

  1. We recognize that corruption and impunity weaken public and private institutions, erode social values, undermine the rule of law, and distort economies and the allocation of resources for development. Therefore, we pledge to intensify our efforts to combat corruption and other unethical practices in the public and/or private sectors, strengthening a culture of transparency and ensuring more efficient public management (Declaration of Nuevo León, 2004).

  1. The Inter-American Democratic Charter states that the peoples of the Americas have the right to democracy and that their governments have the obligation to promote and defend it and it establishes that transparency in government activities, probity, and responsibility in public management are key components of the exercise of democracy. We will therefore increase our cooperation within the framework of the Inter-American Convention against Corruption, particularly by strengthening its follow-up mechanism. We charge the upcoming meeting of the Conference of States Parties to the follow-up mechanism of the Convention with proposing specific measures to strengthen this mechanism. These recommendations will be evaluated at a meeting of the States Parties to the Convention, to be held in Managua, Nicaragua in mid-2004. That meeting will also consider additional concrete measures to increase transparency and combat corruption. We instruct our foreign ministers to report on the progress achieved to the Fourth Summit of the Americas (Declaration of Nuevo León, 2004).

  1. We agree to hold consultations in the event that adherence to our shared transparency and anticorruption objectives, as articulated in the Inter-American Convention against Corruption, is compromised to a serious degree in any of our countries (Declaration of Nuevo León, 2004).

  1. We undertake to promote transparency in political processes, in public financial management, and in government transactions, procurement processes, and contracts, in accordance with domestic legislation, in order to, inter alia, prevent abuse and maintain public confidence (Declaration of Nuevo León, 2004).

  1. Access to information held by the State, subject to constitutional and legal norms, including those on privacy and confidentiality is an indispensable condition for citizen participation and promotes effective respect for human rights. We are committed to providing the legal and regulatory framework and the structures and conditions required to guarantee the right of access to information to our citizens (Declaration of Nuevo León, 2004).

  1. We reaffirm the importance of an independent judiciary and our determination to ensure equal access to justice and to guarantee its timely and impartial administration. We commit ourselves to increase transparency throughout government (Declaration of Québec, 2001).

  1. Encourage measures to strengthen the independence of the judiciary, including transparent judicial selection, secure tenure on the bench, appropriate standards of conduct and systems of accountability ;( Plan of Action Québec, 2001).

  1. Develop mechanisms that permit easy and timely access to justice by all persons, with particular reference to persons with low income, by adopting measures to enhance the transparency, efficiency and effectiveness of the courts. In this context, they will promote, develop and integrate the use of alternative methods of conflict resolution in the justice system. (Plan of Action Santiago, 1998).

  1. Streamline and decentralize, as necessary, property registration procedures by: adopting transparent, simplified procedures for titling and registration; disseminating information regarding these procedures; utilizing, whenever feasible, state-of-the-art technologies for property georeferencing, computer-generated mapping and computerized records storage; incorporating alternative dispute resolution mechanisms; and avoiding overlapping administrative fees for titling and registration. (Plan of Action Santiago, 1998).

 

 
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