cil by the American Treaty of Pacific Settlement" in the procedures of investigation and conciliation all show that this high-ranking body has had its sphere of action broadened with the addition of functions that can be increasingly effective in a steadily growing organization.

The Council's potential for service in the peaceful settlement of disputes is particularly important, as I will explain in the following point. It is advisable, in my opinion, for the American governments to utilize to the fullest extent possible the services of this organ, whose membership is so highly qualified. Third Point: Reinforcement of the procedures of pacific settlement

The Organization has had an opportunity, especially during the last five years, to develop and strengthen appreciably its system of collective security. On the other hand, the development of American methods for the pacific settlement of disputes, since the Bogotá Conference, contrasts greatly with the development and strengthening of the system of collective security.

There is a categoric obligation in the Charter of the OAS to submit all disputes between American states to the peace-making procedures listed in the Charter

In addition, a "special treaty" on pacific settlement was signed at the Bogotá Conference, setting up the aforementioned procedures, so that, in the words of the Charter, "no dispute between American states shall fail of definitive settlement within a reasonable period."

Nevertheless, it cannot be denied that, in the matter of settling disputes, the inter-American system is still suffering from a certain degree of insufficiency and ineffectiveness which could and should be overcome.

First of all, it can be noted that the aforementioned American Treaty on Pacific Settlement (Bogotá Pact) has been ratified by only nine states.18 To be sure, in the case of those that have not ratified, instruments approved prior to 1948 continue in force, but it should not be forgotten that, of them all, only one has been put to use.

Now, even if we could succeed in making the Bogotá Pact fully effective, our problem would not be entirely solved. There is a certain type of dispute, occurring under certain special circumstances, for which the Bogotá Pact does not provide the most suitable solution. The Pact establishes a system of settlement which provides only for the participation of the parties directly interested. Consequently it is left up to them to set in motion the machinery and procedures set forth in that instrument.

In this respect, we need a mechanism that permits states that are not parties to a dispute but have a special and justifiable interest in its solution, or an interAmerican organ responsible for the maintenance of peaceful relations between states to set in motion machinery or procedures that may lead to a solution. Strictly speaking, this represents a gap in the system, particularly in the second instance, since authority of this kind is assigned to no organ of the inter-American system. As the Charter of the United Nations shows, controversies that create, or are susceptible of creating, situations that affect the general interests of the community or the interests of third-party states, call for a mechanism permitting of action by an international organ independent of the parties directly concerned.

There should be a procedure that would permit the member states, the Chairman of the Council of the Organization, or the Secretary General, to call attention to a dispute or situation susceptible of endangering international peace and security. And that procedure could be completed by empowering an organ to suggest methods or procedures of settlement to the states in dispute. If these suggestions were not accepted, the organ should persist in its efforts to resolve

17

Text in Ninth International Conference of American States, Bogotá, Colombia, March 30-May 2, 1948: Report of the Delegation of the United States of America, With Related Documents (Department of State publication 3263), pp. 41-53.

18 As of July 1, 1964, these nine states were Costa Rica, Dominican Republic, El Salvador, Haiti, Honduras, Mexico, Nicaragua, Panama, and Uruguay.

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the dispute or situation. The 1950 Statutes of the Inter-American Peace Committee 1 and the General Convention on Inter-American Conciliation of 1929 made better provision for these matters. A closer tie should also be established between the Inter-American Peace Committee and the Council. Any initiative taken in this regard would represent a contribution of unquestionable value to improving the system.

Fourth Point: Urgency of the admission of new members into the Organization Aside from the case of Canada, an American state which we trust may gravitate towards our Organization, the independence of Jamaica and Trinidad and Tobago marks the presence of new states whose historic and regional destinies are linked with our community. I am aware that the admission of new states introduces problems of legal interpretation of the greatest interest. However, formulas must be found a uniform procedure, or ad hoc procedures to fit individual applications-that will bring into our system, in the shortest possible time, states whose economic and social life and whose political security are so closely bound up with our regional existence. It should be noted that the aforementioned states are already members of the United Nations, and that Jamaica and Trinidad and Tobago participate in the meetings of the Latin American Group within the world organization.

Fifth Point: Strengthening respect for human rights and fundamental freedoms Our achievements in the promotion of human rights and fundamental freedoms are clearly evident, thanks in particular to the work carried out by the InterAmerican Commission on Human Rights, which permits individuals full exercise of the "right of petition." As far as this area is concerned, it would suffice to amend the Commission's Statute, in accordance with the resolution adopted by the Eighth Meeting of Consultation, so as to broaden and strengthen its functions and powers to the extent needed effectively to promote respect for those rights in the American countries.

It should be borne in mind, in this respect, that in the resolution of Punta del Este itself the "inadequacy" of the faculties and attributions of the Commission "conferred upon it by its Statute made it difficult for the Commission to fulfill its assigned mission." The Commission has nevertheless succeeded in overcoming these limitations thanks to the flexibility with which it has interpreted its Statute and to the backing given it by the governments and peoples of America.

The Inter-American Commission on Human Rights is now taking up problems of increasing interest in the life of America. Among the studies now awaiting submittal to the governments, or possibly to the Council of the Organization, is that on the situation of political refugees in America, a fact which must be duly faced. In addition, attention is to be given at the Inter-American Conference to the draft conventions for the protection and observance of human rights, in accordance with the decision of the Fifth Meeting of Consultation of Ministers of Foreign Affairs.

Sixth Point: Need for ensuring the effective exercise of representative democracy Closely connected with the question of human rights is the problem of representative democracy. The principle of representative democracy has been reaffirmed and strengthened by action of the Inter-American Peace Committee, by the Declaration of Santiago, Chile, by the action of the Organ of Consultation that examined the Cuban situation at Punta del Este, and by the technical-assistance missions in electoral matters sent by the General Secretariat at the request of certain governments.

The recognition of de facto governments could and should be the object of a special convention aimed at establishing effective inter-American procedures for

19

10 Text in appendix B of the Second Report of the Inter-American Peace Committee Submitted to the Tenth Inter-American Conference, Feb. 3, 1954. These statutes have been superseded by those of 1956. See American Foreign Policy: Current Documents, 1956, pp. 323–326.

20 TS 780; 46 Stat. 2209.

handling, within the principles of the Bogotá Charter, the delicate international situation created by the establishment of governments of this kind. Under Article 5.d of the Charter, and on the basis of the Declaration of Santiago, Chile (1959), the Council of the Organization has authority to prepare, in the exercise of the powers conferred by the previously mentioned Resolution XLVI of Caracas, and, in particular by Resolution IX of the Fifth Meeting of Consultation, held in Santiago, Chile, an agreement on the procedure or method of consultation to be followed in the recognition of governments. Such an agreement, prepared by the Council, could be presented as a draft for inclusion either on the agenda of the Inter-American Conference that it is hoped may be convened, or on that of a Meeting of Consultation of Ministers of Foreign Affairs.

Seventh Point: Need for the Organization to strengthen its relations with parliaments and establish closer cooperation with nongovernmental organizations in the hemisphere

The great cooperative effort on the economic and social level under the Alliance for Progress," the strengthening of collective security and representative democracy, regional promotion of human rights-these are but a few of the tasks falling to the system which demand a closer relationship with the parliamentary forces of the Hemisphere so that they may participate more directly in the action of the OAS, helping to give it direction, since its undertakings are ones which should represent a deeply rooted collective impulse. In my opinion, a procedure should be established to obtain the counsel of an inter-American parliamentary agency. Under the provisions of the Charter of the OAS for concluding agreements with other national or international entities such an agreement could possibly be made with the American Parliamentary Group." We should bear in mind that in Europe there is the Consultative Assembly, one of the organs of the Council of Europe. Another interesting example is furnished by the work of the NATO Parliamentarians' Conference.

23

We might establish an agreement for collaboration which would give the parliamentary advisory body consultative status, with the right to participate and present its points of view at inter-American meetings of the OAS. I also firmly believe that we must amplify certain agreements with those nongovernmental organizations that are concerned with legal, economic, social, cultural, scientific, or educational matters, particularly those that defend human rights, within the sphere of the OAS. We would thus link, by consultative status, those nongovernmental entities to our activities and studies. We would have them share in the

problems we face and benefit by their technical experience.

Eighth Point: Agricultural and industrial use of international rivers

I wish to refer briefly to the status of another problem of a legal, political, and economic character: the agricultural and industrial utilization of international rivers. Within the plan to develop the codification of international law, the Inter-American Juridical Committee began to consider this topic in 1959. At its meeting in 1963 it approved a study and a draft convention on the industrial and agricultural use of international rivers and lakes." The Government of Brazil made a concrete proposal to convene a specialized conference. The topic is included in the Agenda of the Fifth Meeting of the Inter-American Council of Jurists, which will be held early next year in San Salvador. The purpose of the Brazilian proposal is to examine, on a hemisphere-wide scale, the problem of using the waters of international rivers and to propose regulatory measures, in collaboration with international financing agencies. A majority of the member states of the Organization have stated that they are in favor of this proposal, some of them insisting on the need for prior technical studies. In my view, the problem of agricultural and industrial use of waters of international rivers is

21 See American Foreign Policy: Current Documents, 1961, pp. 395–409.

I.e., the American Parliamentary Group of the Inter-parliamentary Union (a nongovernmental organization in consultative status with ECOSOC).

23

See American Foreign Policy, 1950–1955: Basic Documents, vol. I, pp. 10011012. "OAS doc. OEA/Ser. I/VI.1, CIJ-70.

closely linked with plans for regional integration and development. It can open a path of great significance for the favorable settlement of many border problems. The General Secretariat has noted with concern that the juridical and institutional questions raised by the programs of the Alliance for Progress have not been taken up by the technical organ of the Organization in the legal field, the InterAmerican Council of Jurists, and its permanent committee, the Inter-American Juridical Committee of Rio de Janeiro. The inclusion in the draft agenda of the Fifth Meeting of the Inter-American Council of Jurists of a topic which will permit of exploration of these vast and complex problems and planning for systematic research and study in this area shows that this concern is shared by the members of the Council of the Organization. The process of economic and social development is influenced by all types of factors. Those of a juridical and institutional nature may even come to play a decisive role in the full achievement of the objectives of the Alliance. It is important, therefore, that there be no delay in carrying out research into, and studies of, these problems, so that suitable solutions may gradually be found, thereby facilitating the development process.

Ninth Point: Promotion of Latin American integration

The aspiration for Latin American integration manifests itself as a powerful fact of life. The concept and the aspiration have penetrated deeply into the consciousness of the Latin American peoples. The unfavorable situation of Latin American foreign trade and the internal pressures resulting from inadequate economic development, together with the population explosion, make acceleration of the integration process indispensable. In the face of the theses presented at the United Nations Conference on Trade and Development, held in Geneva this year, the Latin American countries succeeded in defending a joint position regarding the placement of their basic products.

25

The OAS, through the IA-ECOSOC, organized the meeting at Alta Gracia, where the Charter that bears that name was finally approved. In my opinion, the principles of the Charter of Alta Gracia" have strengthened the movement towards Latin American coordination. Economic integration can undoubtedly open the door to future formulas for legal and political integration. It has been rightly said that no process of economic integration can fail to include the initiation, at the same time, in a certain sense, of a movement toward institutional integration that requires political decisions, so that economic integration procedures may be concerted and function.

The OAS should include the promotion of Latin American integration movements in its fundamental objectives. Our Organization can be the mechanism that will ensure liaison and understanding between Latin American interests, now in process of development, and those of the United States, a power that has reached the highest degree of industrialization in the Hemisphere and throughout the world. This hemispheric understanding, in turn, can establish the bases for mutual-aid positions with respect to the problems that are discussed at world conferences.

From any point of view, the inter-American system, far from opening the door to antagonisms, should be regarded as the most suitable mechanism for ensuring that a harmoniously integrated Latin America will become a strong force for achieving solidarity among all the American countries and between them and the rest of the world, principally the western world. A strengthening of Latin America's regional character will prevent any attempt to confuse it with a heterogeneous and miscellaneous third world. Latin America, economically integrated, will undoubtedly represent the best of allied forces for progress, was conceived in the Charter of Punta del Este. At the same time it will ensure the presence of a political element working with democratic forces throughout the world in the defense of universal moral principles and the benefits of democracy, as these were defined in our own basic Charter.

This is the Nine-Point Program that I submit to the Council for consideration, as a contribution of the General Secretariat to the study of certain topics that are of deep concern in the stage through which the American regional community is now passing.

Document III-5

United States Position Concerning Admission of New Members to the Organization of American States: STATEMENT MADE BY THE ALTERNATE U.S. REPRESENTATIVE (BUNKER) TO THE FIRST SPECIAL INTER-AMERICAN CONFERENCE, DECEMBER 17, 1964 (EXCERPT) 27

The Charter of the OAS,28 as clearly intended by its framers, provides for the admission of new members--both additional American states existing at the time the charter was adopted and those which have since emerged. It seems clear to us that when article 2 says, "All American States that ratify the present Charter are Members," it means just what it

says.

If there were any doubt as to the intention that this article should apply to new states arising since 1948, that doubt is surely dispelled by the understanding unanimously agreed upon by the representatives of all governments attending the conference in 1948 that drew up the charter,29 to the effect that, "in accordance with these articles, any new state established in the Hemisphere may become part of the Organization."

The explicit requirements, then, for membership, are simple: that the applicant be "American" (i.e., that it be situated geographically within the Western Hemisphere), and that it be a "state." We understand that this word "state" is used in the ordinary sense which it has in international law-that is, an independent, sovereign entity, thus able to carry out all its obligations under the charter.

With the charter clear, the requirements explicit and simple, the task of this conference, then, is correspondingly simple- that of agreeing upon a procedure which will implement these provisions. No amendment of the charter is therefore involved, in our view. Indeed, the argument has been made that procedures are not even necessary, that membership is automatic and is within the control of the would-be member. This view, however, does not commend itself to us. With

"Department of State Bulletin, Jan. 11, 1965, pp. 46-48. The First Special Inter-American Conference grew out of a request made by Guatemala, May 16, 1962, that the Council of the OAS initiate a study of the problem of the procedure for the admission of new members to the OAS (OAS doc. OEA/Ser.G/II/Ca-447). Various studies were made, and on Nov. 4, 1964, Argentina requested that a Special Conference be convened to establish the necessary procedure (OAS doc. OEA/Ser.G/V/C-d-1257). The Conference met in Washington from Dec. 16-18, 1964; see infra.

"Text in A Decade of American Foreign Policy: Basic Documents, 1941-49, pp. 427-445.

The Ninth International Conference of American States, Bogotá, Colombia, Mar. 30-May 2, 1948.