AG/RES. 1897 (XXXII-O/02)

STUDY OF THE RIGHTS AND THE CARE OF PERSONS UNDER

ANY FORM OF DETENTION OR IMPRISONMENT

(Adopted at the fourth plenary session held on June 4, 2002)

            THE GENERAL ASSEMBLY,

            CONSIDERING the provisions of the American Declaration of the Rights and Duties of Man, signed in Bogotá in 1948; the provisions of the American Convention on Human Rights, or Pact of San José, signed in San José, Costa Rica, in 1969; and the provisions of the Inter-American Convention to Prevent and Punish Torture, signed in Cartagena de Indias in 1985;

HAVING SEEN:

            Resolution AG/RES. 1816 (XXXI-O/01), which instructed the Permanent Council to “consider the advisability of studying, in cooperation with the competent organs and agencies of the inter-American system and taking into account the conclusions and recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas, the question of the rights and the care of persons under any form of detention or imprisonment”; and

            The document presented by the delegation of Costa Rica (CP/CAJP-1876/02) and its presentation to the Committee on Juridical and Political Affairs on February 14, 2002, as well as the proposal for a draft Inter-American Declaration on the Rights and the Care of Persons Deprived of Liberty (AG/CP/doc.630/01);

BEARING IN MIND:

            That consultations with the member states on this subject have been initiated within the Committee on Juridical and Political Affairs and that a number of them have replied to the questionnaire prepared for that purpose (CP/CAJP-1853/01 rev. 1);

            That for a number of years the OAS has served as a forum for discussion of prison and detention conditions in the Americas, especially in the context of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas; and

            That the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas heard proposals for drafting a document to protect the fundamental rights of detained persons (REMJA-IV/doc.24/02 rev. 2); and

            RECALLING that a number of texts on this subject have been adopted at the United Nations, in particular the Standard Minimum Rules for the Treatment of Prisoners [ECOSOC/RES/663C (XXIV)], adopted in 1957; the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (A/RES/43/173), of 1988; and the Basic Principles for the Treatment of Prisoners (A/RES/45/111), of 1990,

RESOLVES:

            1.         To instruct the Permanent Council to continue to study the question of the rights and the care of persons under any form of detention or imprisonment, in cooperation with the competent organs and agencies of the inter-American system and taking into account the conclusions and recommendations of the meeting of authorities responsible for penitentiary and prison policies as expressed in the Recommendations and Conclusions of the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas.

            2.         To urge member states that have not already done so to reply as soon as possible to the questionnaire: Study of the Rights and the Care of Persons under Any Form of Detention or Imprisonment (CP/CAJP-1853/01 rev. 1).

            3.         To instruct the Permanent Council to consider, on the basis of the discussions held and the studies conducted, the advisability of preparing in due course an Inter-American Declaration on the rights and the care of persons under any form of detention or imprisonment.

            4.         To request the Permanent Council to present a report on implementation of this resolution to the General Assembly at its thirty-third regular session.

AG/RES. 1898 (XXXII-O/02)

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

(Adopted at the fourth plenary session held on June 4, 2002)

THE GENERAL ASSEMBLY,

HAVING SEEN:

            The report by the Chair of the Committee on Juridical and Political Affairs on the human rights of all migrant workers and their families (CP/CAJP/SA.369/02 and CP/CAJP/SA.375/02); and

            The Annual Report of the Inter-American Commission on Human Rights (IACHR) to the General Assembly, especially the chapter on the situation of migrant workers and their families in the Hemisphere (CP/doc.3579/02);

CONSIDERING:

            That the Heads of State and Government, gathered at the Third Summit of the Americas, in Quebec City, Canada, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and pledged to ensure dignified, humane treatment with appropriate legal protections and to strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants;

            The positive contributions often made by migrants, both to their countries of origin and to the receiving countries, including their gradual incorporation into the receiving societies, and the efforts made by some receiving countries to integrate migrants;

            That the American Declaration of the Rights and Duties of Man proclaims that all persons are equal before the law and have the rights and duties enshrined in that declaration, without distinction as to race, sex, language, creed, or any other factor;

            That the American Convention on Human Rights recognizes that essential human rights are not derived from one’s being a national of a particular state but are based upon attributes of the human person, and therefore justify international protection;

            That the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families establishes the duty of states to ensure to all migrant workers and members of their families within their territory, or subject to their jurisdiction, the rights provided for in the Convention, without distinction as to sex, race, color, language, religion or belief; political opinion; national, ethnic, or social origin; nationality; age; economic position; property; marital status; birth; or other status; and

            Advisory Opinion OC-16, issued by the Inter-American Court of Human Rights, on the Right to Information on Consular Assistance within the Framework of the Guarantees of Due Process of Law, in cases of foreign nationals detained by authorities of a receiving state;

BEARING IN MIND FURTHER:

            The exchange of views conducted, within the framework of the Committee on Juridical and Political Affairs, with representatives of the Inter-American Commission on Human Rights (IACHR) and the Director General of the Inter-American Agency for Cooperation and Development (IACD), in which, given the multidimensional aspects of the issues regarding migrant workers and their families and of the activities carried out by each of the aforementioned bodies, participants concluded that an interagency approach was needed and that it would be advisable to undertake joint programs of cooperation in this field;

            That in the Strategic Plan for Partnership for Development 2002-2005, support for vulnerable groups such as migrant workers was identified as a priority in the implementation of policies and programs to facilitate access to the labor market and to improve working conditions;

            That the Plan of Action of the Third Summit of the Americas provided for the establishment of an inter-American program within the OAS for the promotion and protection of the human rights of migrants, including migrant workers and their families, taking into account the activities of the IACHR and supporting the work of the IACHR Special Rapporteur for Migrant Workers and Their Families; and the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights; and

            That many migrant workers and their families find themselves compelled to leave their places of origin in search of better opportunities; and

CONCERNED:

            Over the vulnerable situation in which many migrant workers and their families find themselves because, inter alia, they move between countries; they do not live in their states of origin; they face difficulties as a result of cultural differences, especially with respect to language and customs; and their circumstances often lead to the breakdown of the family; and

            Over the persistent obstacles that prevent many migrants and their families from fully exercising their human rights; and bearing in mind that migrants are often victims of mistreatment, discrimination, racism, and xenophobia,

RESOLVES:

            1.         To reaffirm that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights take on special importance with respect to protection of the rights of migrant workers and their families.

            2.         To reaffirm the duty of States Parties to the 1963 Vienna Convention on Consular Relations to comply with that Convention, including the right to communication between consular officers and their nationals, regardless of immigration status, in case of detention and the obligation of the states parties in whose territory the detention occurs to inform the foreign national of that right; and, in that connection, to call the attention of states to Advisory Opinion OC-16 of the Inter-American Court of Human Rights on this topic.

          3.         To urge member states to:

a.       Consider, as soon as possible and as appropriate, signing and ratifying, ratifying, or acceding to all inter-American human rights instruments, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; and

b.       Take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.

         4.       To instruct the Permanent Council to:

a.       Continue supporting the work of the Inter-American Commission on Human Rights (IACHR) in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights, and those of the International Organization for Migration (IOM);

b.       Continue studying the adoption of measures to strengthen cooperation among states to address, with a comprehensive, objective, and long-term approach, the manifestations, origins, and effects of migration in the region; as well as measures to promote close cooperation among countries of origin, transit, and destination in order to ensure protection of the human rights of migrants; and

c.       Continue to prepare the Inter-American Program for the Promotion of the Human Rights of Migrants, with the assistance of the IACHR and the IOM.

            5.      To recommend to the Inter-American Council for Integral Development (CIDI) that it:

a.       Support the projects and activities presented by member states on behalf of all migrant workers and their families in the framework of the Strategic Plan for Partnership for Development 2002-2005;

b.       Request the Inter-American Agency for Cooperation and Development (IACD) to identify new resources to support the efforts by member states to formulate cooperation projects to study, examine, and address the situation of migrant workers and their families in the Hemisphere; and

c.       To request the Inter-American Agency for Cooperation and Development (IACD) to collaborate and coordinate, where necessary, on the projects and activities in this area with the IACHR, the International Organization for Migration (IOM); the International Labour Organization (ILO), and other organs, agencies, and entities.  

            6.         To recommend to the IACHR that it:

a.       Consider the advisability of adopting joint cooperation programs with the IACD in this area;

b.       Provide the Special Rapporteur for Migrant Workers and Their Families with the necessary and appropriate means to perform his or her duties in keeping with resources allocated in the program-budget and other resources; and

c.       Present the report on the status of the rights of all migrant workers and their families prior to the thirty-third regular session of the General Assembly.

            7.         To invite the member states, permanent observers, organs, agencies, and entities of the inter-American system, and other sources to contribute to the Voluntary Fund of the Office of the Special Rapporteur for issues involving the rights of all migrant workers and members of their families.

            8.         To request the Councils of the Organization to report to the General Assembly at its thirty-third regular session on the implementation of this resolution in their respective spheres.

AG/RES. 1899 (XXXII-O/02)

COOPERATION BETWEEN THE ORGANIZATION OF AMERICAN STATES AND THE

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

(Adopted at the fourth plenary session held on June 4, 2002)

            THE GENERAL ASSEMBLY,

            REAFFIRMING the commitment of the Organization of American States to promoting and protecting the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;

            RECALLING that the American Convention on Human Rights, the Universal Declaration of Human Rights, and the American Declaration of the Rights and Duties of Man have as a common objective the promotion and protection of human rights;

            CONSIDERING that the United Nations General Assembly established the Office of the United Nations High Commissioner for Human Rights and that the Office of the Regional Advisor for Latin America and the Caribbean, established by the High Commissioner, began its operations on November 1, 2001, in Santiago, Chile; and

            EXPRESSING ITS SATISFACTION at the increasing cooperation between bodies of the inter-American system for the protection of human rights and those pertaining to the United Nations Commission on Human Rights,

RESOLVES:

            1.         To welcome the establishment, in Santiago, Chile, of the Office of the Regional Advisor to the United Nations High Commissioner for Human Rights and to encourage the organs of the inter-American system for the promotion and protection of human rights to establish ties with that Office.

            2.         To invite the organs of the inter-American system and of the United Nations system to continue and step up efforts for mutual collaboration to strengthen human rights in the Hemisphere and to promote their full effectiveness, in the framework of existing cooperation agreements between the two organizations.

AG/RES. 1900 (XXXII-O/02)

PROMOTION OF THE INTERNATIONAL CRIMINAL COURT [3] ^/

(Adopted at the fourth plenary session held on June 4, 2002)

            THE GENERAL ASSEMBLY,

            RECALLING its resolutions AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1709 (XXX-O/00), AG/RES. 1770 (XXXI-O/01), and AG/RES. 1771 (XXXI-O/01), the recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102, Doc. 6 rev. April 16, 1999, Chap. VII, 21.3.B), and the document “Framework for OAS Action on the International Criminal Court” (CP/INF.248/00);

            HAVING CONSIDERED the report of the Secretary General on the implementation of resolutions AG/RES. 1770 (XXXI-O/01) and AG/RES. 1771 (XXXI-O/01), and bearing in mind the recommendations therein;

            CONCERNED over the persistent violations of international humanitarian law and international human rights law throughout the world and the fact that the perpetrators of those acts go unpunished;

            AFFIRMING that the states have the primary duty to prosecute those crimes so as to prevent their recurrence, and that complementary international agencies are needed to ensure the exercise of justice;

            WELCOMING the historic entry into force of the International Criminal Court on July 1, 2002;

            RECOGNIZING that 139 states, including 26 member states of the Organization of American States, have signed the Rome Statute and that 66 states, including 12 member states of the Organization of American States, have ratified or acceded to it; and

            EXPRESSING ITS SATISFACTION that a special meeting of the Committee on Juridical and Political Affairs was held at OAS headquarters on March 6, 2002, on the promotion and observance of international humanitarian law, the findings of which are summarized in the document entitled Rapporteur’s Report on the Special Meeting of the Committee on Juridical and Political Affairs for the Promotion of International Humanitarian Law (OEA/Ser.K/XVI/DIH/doc.6/02), which was submitted for consideration by the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas,

RESOLVES:

            1.         To urge those member states of the Organization that have not already done so to ratify or accede to, as applicable, the Rome Statute of the International Criminal Court.

            2.         To urge the member states of the Organization to participate in the meetings of the Preparatory Committee of the International Criminal Court, with a view to ensuring optimal operating conditions for the Court once it is established, in the context of unwavering protection of the integrity of the Rome Statute.

            3.         To urge the member states of the Organization that are party to the Rome Statute to adapt and make the necessary changes in their domestic legislation for the effective implementation of the Rome Statute.

            4.         To request the Inter-American Juridical Committee to ensure that the agenda for the next joint meeting with legal advisers of the foreign ministries of OAS member states includes a discussion of mechanisms to address and prevent the recurrence of serious violations of international humanitarian law and international human rights law, as well as of the role of the International Criminal Court in that process.

            5.         To request the Permanent Council to report to the General Assembly at its thirty-third regular session on the implementation of this resolution.

AG/RES. 1904 (XXXII-O/02)

PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW

(Adopted at the fourth plenary session held on June 4, 2002)

            THE GENERAL ASSEMBLY,

            RECALLING resolutions AG/RES. 1270 (XXIV-O/94), AG/RES. 1335 (XXV-O/95), AG/RES. 1408 (XXVI-O/96), AG/RES. 1503 (XXVII-O/97), AG/RES. 1565 (XXVIII-O/98), AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1770 (XXXI-O/01), and AG/RES. 1771 (XXXI-O/01);

            DEEPLY DISTRESSED over the terrorist attacks perpetrated against innocent people from many nations that occurred in the United States of America on September 11, 2001;

            DEEPLY DISTRESSED ALSO over the terrorist attacks committed in various member states;

            DEEPLY CONCERNED over persistent violations of international humanitarian law throughout the world and, in particular, over attacks on the civilian population, which at times finds itself forced into displacement or compelled to seek refuge in other countries;

            RECALLING that it is the obligation of all states to observe and enforce, in all circumstances, the provisions established in the 1949 Geneva Conventions and, where applicable, for those States that are Parties thereto, those contained in the 1977 Additional Protocols to those Conventions, and noting that this year marks the 25th anniversary of their adoption;

            UNDERSCORING the need to reinforce the provisions of international humanitarian law by achieving their universal acceptance, and their widest possible dissemination and application;

            AWARE of the need to punish those responsible for war crimes, crimes against humanity, and other grave breaches of international humanitarian law;

            TAKING INTO ACCOUNT the entry into force, on July 1, 2002, of the Statute of the International Criminal Court, which has been ratified or acceded to by 12 states in this Hemisphere;

            RECOGNIZING the importance of developing international humanitarian law by drafting updated provisions that enable it to address today’s challenges;

            TAKING INTO CONSIDERATION the decision taken in December 2001 by the States Parties to the 1980 UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, to extend the scope of application of this Convention to all existing Protocols applicable to non-international armed conflict;

            CONSIDERING the importance of the Convention on the Safety of United Nations and Associated Personnel, the purpose of which is to protect both military and civilian staff of United Nations operations;

            CONVINCED that the particular protection and assistance needs of women and children in situations of armed conflict must be effectively addressed, and welcoming in this regard the adoption, in May 2000, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;

            CONCERNED over the disappearance of persons and the taking of hostages particularly during armed conflict and the suffering this causes for families and loved ones during and after the conflict has ended;

            DISMAYED by the negative impact of the illicit production of and trafficking in firearms, ammunition, explosives, and related materials on personal safety and the stability of our societies, as well as on domestic conflicts and peace processes;

            RECOGNIZING that the illicit trade in small arms and light weapons in all its aspects undermines respect for international humanitarian law and impedes the humanitarian assistance to victims of armed conflict;

            CONVINCED that the fight against terrorism must be undertaken with full respect for the law, for human rights, for international humanitarian law, and for democratic institutions in order to preserve the rule of law, freedoms, and democratic values in the Hemisphere;

            EMPHASIZING once more the ongoing efforts of the International Committee of the Red Cross (ICRC) to promote and disseminate knowledge of international humanitarian law and the activities it carries out as an organization that is impartial, neutral, and independent under any and all circumstances;

            RECOGNIZING the important part played by the national committees or commissions established in numerous countries for the dissemination and application of international humanitarian law in ensuring that the Geneva Conventions and, where applicable, the Additional Protocols thereto, as well as the other instruments of international humanitarian law, are incorporated into the domestic law of the member states that are Parties to those instruments, so that compliance with those instruments and the dissemination thereof are ensured;

            EXPRESSING its satisfaction with the increasing cooperation between the General Secretariat of the Organization and the ICRC, resulting from the agreement signed on May 10, 1996, and illustrated by common achievements such as the Governmental Experts’ Meeting on “The Implementation of International Humanitarian Law and Related Inter-American Conventions,” held in March 2001, in San José, Costa Rica;

            EXPRESSING also its satisfaction over the special meeting of the Committee on Juridical and Political Affairs held at OAS headquarters on March 6, 2002, on the promotion of and respect for international humanitarian law, which received support from the ICRC and other institutions, the conclusions of which were presented to the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas for consideration; and

            HAVING SEEN the report of the General Secretariat on the promotion of and respect for international humanitarian law (CP/doc.3576/02),

RESOLVES:

            1.         To note the increase in the number of member states that, in the past year, have ratified or acceded to various instruments of international humanitarian law, particularly the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their Destruction (Ottawa Convention) and the Statute of the International Criminal Court.

            2.         To invite those member states that have not yet done so to consider ratifying or, if applicable, acceding to the 1977 Additional Protocols I and II to the 1949 Geneva Conventions, and to consider making the declaration provided for in Article 90 of Protocol I.

            3.         Also to urge those member states that have not yet done so to consider signing or ratifying, as appropriate, the Statute of the International Criminal Court. [4]

            4.         Further, to invite those member states that have not yet done so to consider ratifying or, if applicable, acceding to the following instruments relating to weapons which may be excessively injurious or have indiscriminate effects:

a.       The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects and the Protocols thereto; and

b.       The 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their Destruction.

            5.         To invite those member states that have not yet done so to consider becoming Parties to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and to its 1954 Protocol, as well as to its 1999 Second Protocol on enhanced protection.

            6.         To urge those member states that have not yet done so to consider becoming Parties to the 1989 Convention on the Rights of the Child, and to its Optional Protocol on the involvement of children in armed conflicts, which includes the participation of children in hostilities, as well as their recruitment into armed forces and armed groups.

            7.         To urge those member states that have not yet done so to sign or ratify the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA).

            8.         To urge states, as applicable and in accordance with the international legal obligations they have assumed, to pay special attention, in times of peace as well as times of armed conflict, to the following provisions:

a.       The widest possible dissemination of international humanitarian law throughout the population, particularly among the armed forces and security forces, by including it in official instruction programs and in the training of permanent armed forces personnel (Articles 47, 48, 127, and 144, respectively, of the four Geneva Conventions, and Articles 83 and 11, respectively, of the two Additional Protocols);

b.       The enactment of criminal legislation required to punish those responsible for war crimes, crimes against humanity, and other grave breaches of international humanitarian law (Articles 49, 50, 129, and 146, respectively, of the four Geneva Conventions, and Article 85 of Additional Protocol I);

c.       The enactment of legislation to regulate the use of emblems protected under international humanitarian law and to punish the improper use thereof (Articles 54 and 45, respectively, of the first and second Geneva Conventions, and Article 38 of Additional Protocol I and its Annex containing the regulations thereto); and

d.       The obligation, in the study, development, acquisition, or adoption of a new weapon, or of new means or methods of war, to determine whether their use would contravene international humanitarian law and, if it would, not to adopt it for use within the armed forces or security forces and not to manufacture it for other purposes (Article 36 of Additional Protocol I to the Geneva Conventions).

            9.         To urge member states to continue to support the work of national advisory committees or commissions or similar bodies for the dissemination and implementation of international humanitarian law, where they already exist, and to consider establishing such bodies where they do not, with support from the International Committee of the Red Cross (ICRC).