RESOLUTIONS
Adopted by

THE XLIInd CONFERENCE
OF THE INTER-AMERICAN BAR ASSOCIATION

San Salvador, El Salvador, June 19-23, 2006


Resolution 1

Whereas: That Resolution No. 4 of the XXXIIIrd Conference of the Inter-American Bar Association, held in Rio de Janeiro, Brazil from May 17-22, 1997, recommended the ratification of the Inter-American Convention Against Corruption by Member States of the Organization of American States;

Whereas: That Resolution No. 19 of the XXXVth Conference of the Inter-American Bar Association held in Mexico City from June 5-11, 1999, reinforced Resolution No. 4 (1997) by requesting members of the Organization of American States adopt follow up mechanisms to insure the full implementation of the Inter-American Convention Against Corruption;

Whereas: That Resolution No. 3 of the XXXVIIIth Conference of the Inter-American Bar Association, held in Cochabamba, Bolivia from July 9-13, 2002, further endorsed these two above-mentioned resolutions by urging affiliated bar association members of the IABA set up commissions to monitor compliance with the Inter-American Convention Against Corruption in their respective countries;

Whereas: That the work of the Ad Hoc Task Force on Corruption and Money Laundering and the Institutional Forum on the Practice of Law shows that corruption continues to be a problem in many countries of the Americas as of the adoption of said resolutions;

Whereas: That on December 31, 2003 the United Nations General Assembly adopted the Convention of the United Nations Against Corruption, that entered into force on December 14, 2005;

Whereas: That 34 Member States of the Organization of American States have signed this Convention and 11 of them have ratified it, El Salvador being the first one to do so;

Whereas: That the United Nations Convention Against Corruption addresses the issues of the Inter-American Convention Against Corruption in a complimentary manner,  including additional topics of great importance to the countries of the Hemisphere, such as recovery of corruption proceeds and measures to strengthen mechanisms of international cooperation,


THEREFORE, THE INTER-AMERICAN BAR ASSOCIATION RESOLVES:

1.To recommend to the governments of those countries that have not yet signed or ratified the United Nations Convention Against Corruption to do so promptly and to fully implement the same.

2.To recommend to the governments that have ratified the Inter-American Convention Against Corruption to continue enforcing its requirements, bearing in mind the pertinent provisions of the United Nations Convention.

3.To urge the Ad Hoc Task Force on Corruption and Money Laundering to develop an action plan for IABA Members so they may take the necessary steps to assure that their governments continue enforcing these Conventions. These steps could include, as appropriate, the drafting of bills, cooperating with other governments, insuring that the anti-corruption specialized agencies and enforcement agencies are appropriately trained and provided with necessary resources to perform their duties, and assisting in the developing of a follow up mechanism to insure implementation and enforcement of the United Nations Convention, considering the model offered by the Follow Up Mechanism used by the Inter-American Convention, among others.

4.To urge the Ad Hoc Task Force on Corruption and Money Laundering, in developing an Action Plan, to consult member associations of the IABA about the measures undertaken by the various countries represented in the Inter-American Bar Association regarding the implementation of these Conventions, in order to eliminate all forms of corruption within the Hemisphere.


Resolution 2

Whereas: The Argentinian Chapter of individual members of the Inter-American Bar Association made a request regarding the amendments introduced to the national law which reformed the constitution of the Judicial Council and the Trial Court, created by the reform to the National Constitution of Argentina in 1994;

Whereas: As a result of said amendment the participation of lawyers was reduced in the the Judicial Council and Trial Court, thus breaking the balance, envisioned by the National Constitution, among the political sector, magistrates, academics and lawyers;

Whereas: The organized bar of the petitioning country has filed legal actions of amparo and unconstitutionality aimed at repealing the laws that decidedly threaten the constitutional balance as well as the functional independence and autonomy vis à vis the government in power;

Whereas: The Argentinian National  Bar together with the various boards of directors of local bars, and representatives of political parties, non governmental organizations and individual lawyers, endorse the complaints filed in several judicial forums;

THE INTER-AMERICAN BAR ASSOCIATION RESOLVES:

1.To support the actions undertaken by the Argentinian Bar aimed at reestablishing the balance among the sectors that should be represented in the Magistrates’ Council and the Prosecution Court, in order to reinforce the participation of legal professionals.

2.To communicate this Resolution to the IABA Argentinian Chapter of Individual Members, the Argentinian Bar and other authorities.


Resolution 3

Whereas: In order to represent its member associations and its individual members, the Inter American Bar Association participates in various international legal forums;

Whereas: The Inter-American Bar Association participated in the Worldwide Colloquium of Leaders of the Legal Profession held in Paris, France, at the Maison du Barreau, November 19, 2005, on the occasion of the beginning of the French judicial year;

Whereas: At the initiative of the Barreau de Paris, and with the support of the American Bar Association and the Inter-American Bar Association, the worldwide leadership of the legal profession subscribed to the following statement:


“The worldwide ensemble of the legal profession, in the interest of all, agrees to recognize the following principles:

1.The Rule of Law requires that the judicial power be impartial and independent.

2.In the absence of an independent legal profession, there is no Rule of Law or civil liberty.

3.Access to justice for all persons in the world is not possible without an independent legal profession and an independent and impartial judicial branch.


These principles cannot be abolished by a momentary emergency.”


NOW, THEREFORE, THE INTER-AMERICAN BAR ASSOCIATION RESOLVES:

1.To endorse without reservation the declaration of basic principles promulgated by the representatives of the worldwide legal profession in Paris on November 19, 2005.

2.To urge its member bar associations to adhere to the declaration and to disseminate it within their respective countries.

3.To commit itself to defend these principles at all times and to make such public statements and take such actions as may be appropriate under the circumstances to achieve its objectives.



Note: The original drafts of these resolutions were submitted in Spanish.


1.Proposed by the Ad Hoc Working Group on Corruption and Money Laundering.
2.Proposed by the Argentinian Chapter of IABA Individual Members.
3.Proposed by the IABA General Assembly.