[Congressional Record Volume 161, Number 42 (Thursday, March 12, 2015)]
[Senate]
[Pages S1489-S1490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAVING THE ORGANIZATION OF AMERICAN STATES
Mr. LEAHY. Mr. President, I want to speak briefly about an issue that
all Senators should be concerned about, and that is the future of the
Organization of American States.
The origin of the OAS dates to the First International Conference of
American States held in Washington from October 1889 to April 1890. The
OAS was formally established in 1948 with the signing of the OAS
Charter, which entered into force in 1951.
As the OAS Charter states, its mission is to achieve among its
members ``an order of peace and justice, and to promote their
solidarity, to strengthen their collaboration, and to defend their
sovereignty, their territorial integrity, and their independence.''
That is an important and inspiring responsibility, and no less so today
than when the OAS was founded, although many of the challenges of one-
half century ago have been replaced by new challenges today.
Today the OAS consists of 35 independent States and is, at least in
composition and tradition, the primary political, judicial, and social
governmental forum in this hemisphere. Another 69 States and the
European Union have permanent observer status.
The OAS supports programs and activities in four principle areas to
carry out its mission--democracy, human rights, security, and
development--and it does so in a myriad of ways, some far more
successfully than others.
Few here may be aware that the United States is by far the largest
contributor to the OAS, paying 60 percent of its annual budget. Two
other countries pay 22 percent and the remaining 32 countries together
pay only 12 percent.
Of course, the United States has by far the largest economy and
should pay its fair share, but no country should be assessed to pay
more than 50 percent. Other members should also pay their fair share,
and we should all expect the OAS to be competently managed and to
deliver tangible results that justify its expenditures.
The OAS can be proud of the indispensable work of the Inter-American
Human Rights Commission and the Inter-American Court, its
internationally respected election observer missions, and other
activities to support democracy and promote transparent and accountable
governance. These priorities should be strengthened, as I will mention
shortly.
But the reputation of the OAS as a hemispheric leader has taken a
beating. This is partly due to ideological polarization driven
primarily by the viscerally anti-United States rhetoric and policies of
the leaders of four of its member States, and partly due to the fact
that the OAS has failed to exercise effective leadership in response to
key issues and events, while recent sub-hemispheric groupings have
taken up much of the slack and become the region's principal fora.
The OAS has allowed itself to be spread too thin, accepting too many
mandates from its member States without rigorous assessment of the
costs and benefits. Scarce resources have been spent on employees--
without regard to transparent hiring and promotion practices--some of
whom contribute little to the organization. At the same time, the OAS
is facing severe budget constraints and there is no monetary reserve to
respond to contingencies. It is astounding that because some countries,
including Brazil, stopped paying their quotas or are in arrears, and
the OAS had nothing in reserve, it had to obtain a loan in order to pay
employee salaries. This is not the kind of management the OAS needs; it
is mismanagement.
The Inter-American Commission and the Inter-American Court play
essential roles as institutions of last resort for victims of human
rights violations in countries where impunity is the norm. When
corrupt, dysfunctional judicial systems fail to provide access to
justice for victims of crimes against humanity or other violations of
human rights, the OAS helps fill that void. Likewise, the Special
Rapporteur for Freedom of Expression plays a critical role at a time
when some governments, such as Venezuela and Ecuador, are engaged in a
systematic effort to intimidate and silence their critics in the
[[Page S1490]]
independent press, while others, including Mexico and Honduras, fail to
protect journalists from threats and attacks by gangs or violence
related to drug trafficking.
Yet a shortage of funding and the failure of some member States to
comply with the decisions of the Commission and the rulings of the
Court undermine their effectiveness. Some governments have actively
sought to weaken these key institutions by withholding financial
support and proposing to limit the legal authority of the Commission
and the Court. They and the Special Rapporteur for Freedom and
Expression need sufficient resources to do their jobs, and it is time
to establish a mechanism for sanctioning noncompliance.
The United States is not blameless, having signed but not yet
ratified the American Convention on Human Rights. This provides a
convenient excuse for other governments to accuse us of hypocrisy as we
urge their adherence to human rights norms. It is time for the Congress
to act on this piece of unfinished business.
I would add, however, that the United States is part of the Inter-
American Commission, as are all OAS member States, regardless of
whether or not they have ratified the Convention. In fact, the United
States has more cases at the Commission than any other country, and we
strive to implement its decisions.
The OAS needs to strengthen its election monitoring capability--
including insisting on timely and equal participation by opposition
political parties, freedom of the press and association--to ensure a
level playing field when some Latin governments refuse to allow early
access by the OAS. Many Latin Americans are becoming cynical about the
ability of democratic governments to deliver basic services in a manner
that is transparent and accountable. Elected governments which are
corrupt and neglect, or are unable to protect their people, erode
support for democracy.
Similarly, the OAS and the Secretary General in particular need to
respond swiftly to political crises, and exercise stronger leadership
in defense of democratic institutions and human rights when they are
under assault, consistent with the OAS Charter and the Inter-American
Democratic Charter.
There is also the issue of hemispheric security. During the Cold War
there was a single-minded, concerted effort to prevent the Soviet Union
from gaining another foothold in Latin America. Countless innocent
people were threatened, disappeared, tortured, or killed in the name of
fighting communism by Central and South American security forces, many
of them encouraged, trained and equipped by the United States, and only
a token number of the individuals responsible have been punished.
Today the hemisphere faces new threats, such as drug cartels, gang
violence, transnational crime, money laundering, and natural disasters.
But the plans to address them like the Merida Initiative and the
Alliance for Prosperity, while identifying such priorities as police
and judicial reform, poverty, fiscal transparency, and corruption, tend
to be long on goals and short on specifics of how to achieve them.
Cooperation on multi-dimensional security threats is not a matter of
ideology. Cuba and the United States are already cooperating against
drug-traffickers, as we are with other countries. But there is a lot
more that can and should be done to identify the causes and develop and
implement more effective regional strategies to address these problems.
Several Latin countries have made notable strides in the past decade
and are providing greater opportunities for their people. The OAS can
play a role in convening a debate, identifying solutions, and
facilitating an alliance of key development organizations, including
the Inter-American Development Bank and the Pan American Health
Organization, to address areas of shared interest such as achieving
sustained, equitable economic growth, strengthening public education
and health, and protecting natural resources.
The OAS has an important, under-utilized role to play in interfacing
with the wide range of civil society organizations which are essential
to any democracy and are often under-appreciated, under-funded, and
persecuted. With OAS offices throughout the hemisphere, its under-
utilized employees could engage far more actively with academia, civil
society, and the media. This should include any such entities that
reject violence, not just those that are ``registered'' by local
governments which sometimes use the registration process to silence
legitimate voices whose views the government disagrees with.
Finally, the OAS needs to decide how to interact with other
hemispheric multilateral organizations in a manner that strengthens the
OAS and encourages cooperation. Cuba's suspension, and then refusal to
return, provided an impetus for the creation of new entities like
CELAC, the Community of Latin American and Caribbean States, that are
anti-OAS and anti-United States and have sowed division within the
hemisphere.
The next Secretary General of the OAS, who will be selected on March
18, has his work cut out for him. I say ``him'' because there is only
one candidate, which says volumes about how the job is perceived. The
Secretary General plays a crucial role as the strategic leader, but not
the day-to-day manager, of the organization. The next Secretary General
needs an Assistant Secretary General with the managerial expertise and
mandate to right this sinking ship.
It will mean tough budgetary decisions, including the ability to say
no to new programs and mandates and to focus instead on doing better at
what it does best.
As soon as possible after they assume their positions I urge them to
review Public Law 113-41, the ``Organization of American States
Revitalization and Reform Act of 2013.'' That Act, which received
bipartisan support, identifies key issues that need to be addressed--
many of which I have touched on here--and provides recommendations for
how to address them.
I wish them both well because the people of every country in the
hemisphere, including those whose governments have sought to harm the
OAS, need the OAS. But absent significant and rapid reforms beginning
with the quota issue, the OAS's decline may be irreversible.
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