Charter of Punta Del Este

7/28/2019 Charter of Punta Del Este

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SERVING AS ORGAN OF CONSULTATIONIN APPLICATION OF THE INTER-AMERICAN

TREATY OF RECIPROCAL ASSISTIANCE

PUNTA DEL ESTE, URUGUAY 1962ANUARY 22 31,f N A L A c T

1 962

PAN AMERICAN UNION General Secretariat of the Orgalization of American States WASHINGTON, D.C.


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TABLE OF CONTEtJTS

Page1REAt-ffiLE 0000 0..0..0..0 0 00

Fi.esolution I 5ommunist Offensive in America D.,. 00Resolution II Special Consultative Camnittee onSecurity Against the Subversive

Action of International Communism. 0 0 7\Resolution III

9Reiteration of the Principlesof Nonintervention andSelf-Determination 00000

I~esolution IV Holding of Free Elections 0.. 10Alliance for Progress ...0 0011~esolution v

Resolution VI ~clusion of the PresentGovernment of Cuba fromParticipation in the Inter-American System 12Resolution VII Inter-American Defense Board 14Resolution VIII Economic Rc1ations 88 000 15lles olut ion ]X Revision of the Statute of theInter-Americiill Conmlission onHuman tights 16

STAT1!:l':;!;I\JTS. G G G G G. 17:-3tfltcment of IIondurfls 17::)tfltement of Ar~cntina 17St;1.ement of Colombia 17:Jtfltemen t of };exico , 18Statement of Haiti , 18Staternents of Ecuador 8 18Statement of Brazil 19Statement of UrugUflY 8... 19

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283FmAL ACTOF THE EIGHTH ~'ING OF CONSULTATIONOF MINISTERS OFOOREIGNAFFAIRS, SERVING AS ORGANOF CONSULTATION NAPPLICATION OF THE mTER-AMERICAl'1 TREATY OFRECIPROCALASSISTANCE

The Ejghth ~(';eeting of Consultation of 1'-nnisters of Foreign Affairs,Serving as Organ of Consultation in Application of the Inter-AmericanTreaty of Reciprocal Assistance, vas held in the city of Punta del Este,uruguay, from January 22 to 31, 1962. .The Meeting was convoked by a resoJ.ution of the Council' of theOrganization of American States adopted on December 4, 1961, the textof which is as follows:

'!'he Council of the Organization of American States,CONSI~ :

The note presented by the Delegation of Colombia, datedNovember 9, 1961, in vhich it requests the convocation of a~leeting of Consultation of Ministers of Foreign Affairs, inaccordance vith Article 6 of the Inter-American Treaty ofReciprocal Assistance, to consider the threats to the peaceand to tbe political independence of the American states thatmight &1ise from the intervention of eA~racontinental powersdirected toward breaking American solidarity,RESOLVES:

1. To convoke a }'leeting of Consultation of Ministe14s ofForeign Affairs to serve as Organ of Consultation, in accordancevi th Articles 6 and 11 of the Inter-Amel'ican Treaty of ReciprocalAssistance, in order to consiaer the threats to the peace and tothe political independence of the American states referred to inthe presmble of thi.s resolution, and particularly to point outthe various types of threats to the peace or certain acts that, inthe event they occur, justify the application of measures for themaintenance of the peace and security, pursuant to Chapter V ofthe Charter of the Organization of American States and the provi-sions of the Inter-~erican Treaty of Reciprocal Assistance, andto dete~ine the measures that it is advisable to take for themaintenance of the peace and security of the Continent.

2. To set January 10, 1962, as the date for the inaugurationof the Meeting.

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284 -2-3. To authorize the Chairman of the Council to presentto the Council, at the apprQPriate time, after consultationwith the representatives of the member states, a recommendationon the site of the Meeting of Consultation.

On December 22, 1961, the same Council modified the provisionsas to site and date of the Meeting by a resolution that reads as fol-lows:The Council of the Organization of Americ~ States

RESOLVES1. To thank the National Council of the Government ofUruguay and accept its generous orfer to be host, in Punta delEste, Uruguay, to the Eighth Meeting of Consultation of Ministers

of Foreign Affairs to Serve as Organ of Consultation in Applica-tion of the Inter-American Treaty of Reciprocal Assistance, whichwas convoked by a resolution of December l~, 1961, of the Councilof the Organization.2. To set the date of January 22, 1962, for the opening ofthe Meeting.

The Members of the Meeting, in the order o~ precedence determinedby lot, are listed below:His Excellency Ga1ileo 301:15,Minister of Foreign Affairs;

PARAGUAY: His Excellency Raul Sapena Past?r,Minister of' Foreign Aff'airs;His Excellency Osvaldo Dortic6sTorrado, Minister of Foreign Affairs;

NICARAGUA: His Excellency Rene Schick, ~nisterof Foreign Mfairs;HONDURAS His Excellency Andres Alvarado Puerto,Ministel" of Foreign Af~airs;EL SALVADOR: His Excellency Rafael Eguizabal Tob:!as 1~tlni ster or Foreign Afrairs;ARG~ : His Excellency t.1iguel Angel Carcano,Minister of Foreign Affairs;


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His Excellency Luis Alvarado G.,Minister of Fr.reign Affairs;cm:LE: His Excellency Carlos Martfnez Sotomayor,Minister of Foreign Affairs;COWMBIA: His Excellency Jose Joaqu!n Caicedo

Castilla, Minister of Foreign AffairsjHis Excellency Jose Fel~ Velarde,Minister of Foreign Affairs;

COSTA RICA: His Excellency Alfredo Vargas Fernandez JMinister of' Foreign Mf'airs;MEXICO: His Excellency Manuel Tello I Secretary o~

Foreign At'~air6;VE:NI:!:OELA Ilis Excellency ~mrcos Falc6n Briceno,Minister of' Foreign Af'f'airs;HAITI: His Excellency Rene Chalmers,Secretary of State for Foreign Affairs jGU~: His Excellency Jesus Unda MUrillo,Minister of Foreign Affairs;DO:MINICAN ERJBLIC: His Excellency Jose Antonio Bonilla A~iles,Minister of Foreign Affairs;ECUAroR His Excellency Francisco Acosta Yepez,Minister of Foreign Affairs;UNITED STATESOF AMERICA: His EKcellency Dean Rusk, Secretaryof State;BRAZIL: His Excellency Francisco Clementlno deSan Tiago Dantas, Minister of Foreign Affairs;

His ExcelJ.ency Romero Martinez Montero,Minister o~ Foreign Af~airsThe Meeting vas also attended by HiD Excellency Jose A. M01.a,Secretary General of the Organizatj.on of American States.


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His Excellency Eduardo Victor Haedo, President o~ ~he NationalCouncil of Government of Uruguay, opened the Meeting on the afternoonof January 22, 1962. At the inaugural session the speakers were:His Excellency Homero Martinez Montero, Minister of Foreign Affairsof Uruguay; His Excellency AJredo Vargas Fernandez, ~linister ofForeign Affairs o~ Costa Rica; and His Excellency Jose A. ~1ora, SecretaryGeneral o~ the Ol.ganizati.on of American States. The Government of' theRepublic o~ Un~y designated Hie Excellency Romero Martinez Montero,Minister of' Foreign A:ffail.s of' that coun-l:.ry, as Pl.ovisional Pl'esidentof the };leeting. Mr.. }~tinez was elected Pel-manent President at the firstplenary nession, held on Janual.y 23. At the same session Hie ExcellencyGalilco Solis, Minister of Forcj-3n A:ffaj_rs of' Panama, vas eJ_ected VicePresident of the Meeting.

Pul'suant to the Reglu.atj.ons of tl1e MeetinG, the GO"'rernment of theRepublic of Uruguay appointed Mr. Gustavo thga~,'ifios, as SecretaryGeneral of the r.1eeting.

The Meeti~ 'Was govel1ned by the Regtlla-t.j_ons of' the lvleeting of' Con-sultation of Ministers of Foreign A~fairs, Sel~Ting as Or~an of' ConGuJ_-tat ion in A~~lication of the Inter-Amel~ican Treaty of' Reci~rocal As-sistance, approved by the Council of the Organization of American Statesat its meeting of July 29, 1960.

In accordance wi-th the Regulations, the 1-1eeting designated aCredentials Committee composed of El Salvador, ~iexico, and Uruguay.A Style Committee composed of Colombia, Haitj_, Ul!ited States of America,and Brazil was also o.ppoj_nted.In con:formi"'cywith the provj_sjonG of A11ticle 20 of the Regulatj-Qns,a Gene11al COO]In:i.ttee, canposed of all the Members, 'WaS established toconsider the topicG of the ~1eeting and to submit its conclusions to a

plenm1Y session of the l-1eet:Lng for approval. The General Cormni teeappointed His Excellency }.1a,.rcos Falc6n Briceno, Minister of ForeignAff:J.irG of Venezuela, and His Excellency Alf'reao Vargas Fernandez, }.Iin-iD-Lcr 0: Forei~n Mfai11G of Costa Rica as ChairInD.I1 and Rappo1'teur,reDpcctively. WIlen thc M.inj.ster of Forej_~ Affai11s of' Costa Rica foundi-t neceszary -to return to his country, His Excc]_lency J. Rafael. Oreazmmo,Special Delcsate fl"Om the Dame COunt11Y, was eJ_ected to aerve as Rap-portem' .


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287-5 -At the cloB1ng ees5ion of the Meeting, which took place onJanuary 31, this Final Act was signed. At that session addresseswere given by His ~cellency Hamero Martinez MOntero, Mirlister ofForeign Affairs of Uruguay, and His EOCcellency Luis Alvarado G.,

Minister ~;f Foreign Affairs of Peru.As a result of their deliberations, the Eighth Meeting of Con-sultation of Ministers of Foreign Affairs approved the followingresolutions:

IC()MMUNISTOFFENSIVE IN AMERICA

1. The Ministers of Foreign Affairs of the American republics,convened in their Eighth Meeting of Consultation, declare that thecontinental unity and the democratic institutions of the hemisphereare nChI in danger.

The Ministers have been able to verify that the subversive offen-si ve of communist governments, their agents and the organizationsWhich they control, has increased in intensity. The purpose of thisoffensive is the destruction of democratic institutions and the estab-lishment of totalitarian dictatorships at the service of extraconti-nental powers. The outstanding facts in this intensified offensiveare the declarations set forth in official documents of the directingbodies of the international communist movement, that one of its prin-cipal objectives is the establishment of communist regimes in theunderdeveloped countries and in Latin America; and the existence of al-1arxist-Leninist government in Cuba which is publicly aligned with thedoctrine and foreign policy of the communist powers.

2. In order to achieve their subversive purposes and hide theirtrue intentions, the communist governmEnts and their a~ents exploitthe legitimate needs of the less-favored sectors of the population andthe just national aspirations of the various peoples. With the pretextof defending popular interests, freedom is suppressed, democratic inst~tutions are destroyed, human rights are violated and 'vhe individual issubjected to materialistic ways of life imposed by the dictatorship ofa single party. Under the slogan of "anti-imperialism" they ,try toestablish an oppressive, aggressive imperialism which subordinates thesubjugated nations to the militaristic and aggresive interests ofextracontinental powers. ~ maliciously ut~zing the very principles".,

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of the inter-American system, they attempt to undermine democraticinstitutions and to strengthen and protect political penetration andaggression. The subversive methods of communist governments and theiragents constitute one of the most subtle and dangerous forms of inter-vention in the internal affairs of other countries.3. The dnisters of Foreign Affairs alert the peoples of thehernisphere to the inten~ification of the subversive offensive of com-munist governments, their agents, and the organizations that theycontrol and to the tactics and methods that they employ and also warnthem of the dangers this situation represents to representative democ-racy, to respect for human rights, and to the self-determination ofpeoples.

..The principles of communism are incompatible with the principlesof the inter-American systemo4. Convinced that the integrity of the democratic revolution ofthe American states can and must be presel~ved in the face of the sub-versive offensive of communism, the Ministers of Foreign Affairsproclaim the following basic political principles:a. The faith of the American peoples in human rights, liberty,and national independence as a fundamental reason for their existence,as conceived qy the founding fathers who destroyed colonialism andbrought the American republics into being;b. The principle of nonintervention and the right of peoples toorganize their way of life freely in the political, economic, and

cultural spheres, expressin~ their will through free elections, withoutforeign interference. The fallacies of communist propa~anda cannotand should not obscure or hide the difference in philosophy which theseprinciples represent when they are expressed by a democratic Americancountry, and when communist ~overnments and their agents attempt toutilize them for their own benefit;

c. The repudiation of repressive measur~s which, under the pretextof isolatinB or combatting communism, may facilitate the appearance orstrengthening of reactionary doc trines and methods which attempt torepress ideas of social progress and to confuse truly progressive anddemocr~tic labar organizations and cultural and political movementswith communist subversion;d. The affirmation that communism s not; the way to achieveeconomic development and the elimination of social injustice inAmerica. On the contrary, a democratic regime can encompass all theefforts for economic advancement and all of the measures for improvement


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and social progress without sacrificing the fundamental values of thehuman being. The mission of the peoples and governments of thehemisphere during the present generation is to achieve an accelerateddevelopment of their economies and to put an end to poverty, injustice,illness, and ignorance as was agreed in the Charter of Punta del Este;and

e. The most essential contribution of each American state in thecollective effort to protect the inter-American system against com-munism is a steadily greater respect for human rights, improvement indemocratic institutions and practices, and the adoption of measuresthat truly express the impulse for a revolutionary change in the eco-nomic and social structures of the American republics.

II

SPECIAL CONSULTATIVE COMMITTEE ON SECURITYAGAmST THE SUBVm5IVE ACTION OF DfTERNATIONAL COl,'j1vIUNISM

v1HER.EAS:International communismmakes use of highly complex techniques ofsubversion in opposing, and in the task of counteracting such tech-niques which certain states may benefit from mutual advice and support;The American states are firmly united for the commongoal of

fighting the subversive action of international communism and for thepreservation of democracy in the Americas, as expressed in Resolu-tion XXXII of the Ninth International Conference of American States,held in Bogot~, in 1948, and that far such purpose they can and shouldassist each other, mainly through the use of the institutional re-sources of the Organization of American States; andIt is advisable, therefore, tothe Orcanization of American Statesup of experts, the main purpose ofgovernments which, as the case may

assistance,The Eighth Meeting of Consultation of Ministers of Foreign Affairs,Serving as Organ of Consultation in Application of tJ1e Inter-AmericanTreaty of Reciprocal Assistance,

make available to the Council ofa body of an advisory nature, madeWhich would be to advise the memberbe, require and request such


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1. To request the Council of the Organization of American Statesto maintain all necessary vigilance, for the purpose of warning againstany acts of aggression, subversion, or other dangers to peace and secu-rity, or the preparation of such acts, resulting from the continuedintervention of Sino-Soviet powers in this hernispheJ."t'" and to makerecommendations to the governments of the member states with regardthereto.

2. To direct the Council of the OrGanization to establish aSpecial Consultative Committee on Security, composed of experts on secu-rity matters, for the purpose of advising the menlber states thay maydesire and request such assistance, the following procedures beingobserved:ao The Council of the Organization shall select the membership ofthe Special Consultative Committee on Security from a list of candidates

presented by the governments, and shall define immediately terms ofreference for the Committee with a view to achieving the full purposesof this resolution.bo The Committee shall submit reports to such member states asmay request its assistance; however, it shall not publish these reportswithout obtaining express authorization from the state dealt with inthe report.c. The Special Consultative Committee on Security shall submitto the Council of the Organization, no later .than 1v1ay , 1962, an ini-tial general report, with pertinent recommendations regarding measures-which should be takenod. The CaImnittee shall function at the Pan American Union, whichshall extend to it the technical, administrative, and financial fa-cilities required for the work of the Committee.e. The Committee shall function for the period deemed advisableby the Council of the Organization.3. To urge the member states to take those steps that they mayconsider appropriate for their individual or collective self-defense,and to cooperate, as may be necessary or desirable, to strengthentheir capacity to counteract threats or acts of aggression, subversion,or other dangers to peace and security resulting from the continuedintervention in this hemisphere of Sino-Soviet powers, in accordancewith the obligations established in treaties and aGreements such asthe Charter of the Organization of American States and the Inter-American Treaty of Reciprocal Assistance.


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REITERATION OF THE PRINCIPLES OF NONINTERVE1I1TION ANDSELF-DETERMINATION

WHEREAS:This Meeting has been convoked by a resolution of the Council ofthe Organization of American States that invoked Article 6 of theInter-American Treaty of Reciprocal Assistance;It is necessary to maintain the principles of nonintervention andBel~-deterrnination set ~orth in the Charter o~ the Organization o~American States, because these principles are a basic part of the ju-ridical system that governs relations among the republics o~ the

hemisphere and makes friendly relations among th~ possible;In the Charter of the Organization of American States and in theDeclaration of .Santiago, signed in August 1959, all the governmentsof the American states agreed voluntarily that they should result fromfree elections;The will of the people, expressed through unrestricted suffrage,assures the formation of governments that represent more faithfullyand without yielding to the interests of a privileged few the basicaspirations to freedom and social justice, the constant need for eco-nomic progress, and the call of brotherhood that all our peoples feel

throughout the hemisphere;Formation by free electio~s of the governments that comprise theOrganization of American States is therefore the surest guarantee forthe peace of the hemisphere and the security and political independenceof each and everyone of the nations that comprise it; andFreedom to contract obligations is an in~eparable part of theprinciple of the self-determination of nations, and consequently are~uest by one or more countries that such obligations be compliedwith does not signify intervention,The Kighth Meeting of Consultation of Ministers of Foreign Affairs,

Serving as Organ of Consultation in Application of the Inter-AmericanTreaty of Reciprocal Assistance

,i,


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IV

HOLDING OF FREE ELECTIONSW1{EREcAS


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According to the principles and attributes of the democraticsystem in this hemisphere, as stated in the Declaration of Santiago,Chile, the governments of the American republics should be the re-sult of free elections, and perpetuation in power, or the exerciseof power without a fixed term and with the manifest intent of perpetu-ation,is incompatible with the effective exercise of democracy,

The Eighth Meeting of Consultation of }Qnisters of ForeignAffairs, Serving as Organ of Consultation in Application of theInter-American Treaty of Reciprocal AssistanceRESOLVE!)

To recommend that the governments of the American states whosestructure or acts are incompatible with the effective exercise of repre-sentative democracy hold free elections in their respective countries,as the most effective means of consulting the sovereign will of theirpeoples, to guarantee the restoration of a legal order based on theauthority of the law arid respect for the rights of the individualo

vALLIANCE FOR PR~S

WHEREASThe American states have the capacity to eradicate the profoundevils of economic and social underdevelopment;llesolution XI of the Fifth Meeting of Consultation of Ministersof Foreign Affairs and Resolution V of the Seventh Meeting of Consul-tation of Ministers of Foreign Affairs declare that economic cooperationamong he American states is necessary for the stability of democracyand the safeguarding of human rights, and that such cooperation is es-sential to the strengthening of the solidarity of the hemisphere andthe reinforcement of the inter-American system in the face of threats

that mi~ht affect it; andIn view of the fact that all the nations of the Americas haverecognized their urBent need for economic and social development, itis necessary that they intensiry immediately their self~help andcooperative efforts under the Alliance for Progress and the Charter


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294 -12-or Punta del Este, on the basis of the adoption of vigorous reformsand large-scale internal efforts by the developing countries con-cerned and a mobilization of all the necessary financial and technicalresources by the highly developed nations,

The Eighth Meeting of Consultation of Ministers of ForeignAffairs, Serving as Organ of Consultation in Application of the Inter-American Treaty of Reciprocal AssistanceDEC1ARFi) %

1. Ttlat the preservation and strengthening of free and democraticinstitutions in the American republics require, as an essential condition,the prompt, accelerated execution of an unprecedented effort to promotetheir economic and social development for which effort the public andprivate, domestic and foreign financial resources necessary to thoseobjectives are to be made available, economic and social reforms are tobe established, and every necessary internal effort is to be made inaccordance with the provisions of the Charter of Punta del Este.

2. That it is essential to promote energetically and vigorouslythe basic industries of the Latin American countries, to liberalizetrade in raw mat,erials by the elimination of undue restrictions, toseek to avoid violent fluctuations in their prices, to encourage themodernization and expansion of services in order that industrializationmay rest on its own appropriate bases, to mobilize unexploited naturalresources in order to increase national wealth and to make such in-creased wealth available to persons of all economic and social groups,and to satisfy quickly, among other aspirations, the needs for work,housing, land, health, and education.VI

EX:CLUSIONOF THE PRF.5ENTGOVmNMENT OF CUBAFRrn PARTICIPATION m TIm INTEIt.-A1OO.ICAN SYST1!)1

WHi!1?1!:ASThe inter-American systsn ,is based on consistent adherence by itsconstituent states to certain objectives and principles of solidarity,

set forth in the instruments that govern it;Among these objectives and principles are those of respect for thefreedom of man and preservation of his rights I the full exercise of '0

representative democracy, nonintervention of one state in the internalor external affairs of another, and rejection of alli;mces andagreements that may lead to intervention in America by extracontinentalpowers;


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The Seventh Meeting of Consultation of Ministers of ForeignAffairs, held in San Jose, Costa Rica, condemned the interventionor the threat of intervention of extracontinental communist powersin the hemisphere and reiterated the obligation of the Americanstates to observe faithfully the principles of the regionalorganization;

The present Government of Cuba has identified itself with theprinciples of l~st-Leninist ideology, has established a political,economic, and social system based on that doctrine, and accepts mili-tary assistance from extracontinental communist powers, includingeven the threat of military intervention in America on the part of theSoviet Union;

The Report of the Inter-American Peace Committee to the EighthMeeting of Consultation of Ministers of Foreign Affairs establishesthat:The present connections of the Government of Cuba with the Sino-Soviet bloc of countries are evidently incanpatible with theprinciples and standards that govern the regional system, and'particularly with the collective security established by theCharter of the Organization of American States and the Inter-American Treaty of Reciprocal Assistance [page 3i7;The abovementioned Report of the Inter-American Peace Committee

also states that:It is evident that the ties of t~e Cuban Government with the Sino-Soviet bloc will prevent th e said government from fulfilling theobligations stipulated in the Charter of the Organization and theTreaty of Reciprocal Assistance fPage 427;Such a situation in an American state violates the obligationsinherent in membership in the regional system and is incompatible with

that system;The attitude adopted by the present Government of Cuba and itsacceptance of military assistance offered by extracontinental communistpowers breaks down the effective defense of the inter-American

system; andNo member state of the inter-American system can claim the rightsand privileges pertaining thereto if it denies or fails to recoGnize

the corresponding obligations,The Eighth Meeting of Consult~tion of Ministers of Foreign Affairs,Serving as Organ of Consultation in Application of the Inter-American

Treaty of Reciprocal Assistance


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1. That, as a consequence of repeated acts, the present Govern-ment of Cuba has voluntarily placed itself outside the inter-Americansystem.2. That this situation derMnds unceasing vigilance on the partof the member states of ~he Organization of American States, whichshall report to the Council any fact or situation that could endangerthe peace and security of the hemisphere.3. That the American states have a collective interest instrengthening the inter-American system and reuniting it on the basisof respect for hur~ rights and the principles and objectives relativeto the exercise of democracy set forth in the Charter of the Organiza-tion; and, therefore

RESOLVES1. That adherence by any member of the Organization of AmericanStates to Arxism-Leninism is incompatible with the inter-Americansystem Rnd the alignment of such a government with the communist blocbreaks the unity and solidarity of the hemisphere.2. That the present Government of Cuba, which has officiallyidentified itself as a Marxist-Leninist government, is incompatiblewith the principles and objectives of the inter-American system.3. That this incompatibility excludes the present Government ofCuba from participation in the inter-American system.4. That the Council of the Organization of American States andthe other organs and organi.zations o'f the inter-American system adoptwithout delay the measures necessary to comply with this resolution.

VIInrrm-AMFJ.{ICAN DEFli2'JSEBOARD

vllim}:.ASThe Inter-American Defense Board was established pursuant toResolution 39 of the Third Meeting of Consultation of ForeignJ.Iinisters, held in Hio de Janeiro in 1942, reconmending the ilmnediatemeeting of a commission composed of military and naval technicians ap-pointed' by each of the governments to study and to suggest to themmeasures necessary for the defense of the hemisphere;

Charter of Punta Del Este

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