|
|
|
E. Other Events and Activities
Inter-American human rights treaties
100. During this reporting period, the Commission was pleased to note the ratification by certain OAS member states of treaties pertinent to the protection of human rights in the Americas.
101. On April 12, 2005, the Republic of Colombia deposited its instrument of ratification of the Inter-American Convention on Forced Disappearance of Persons, and on July 11, 2005 the Republic of Honduras delivered its instrument of ratification of the same treaty, bringing to 12 the number of state parties to that Convention. Further, on December 15, 2005, Jamaica deposited its instrument of ratification of the Convention on the Prevention, Punishment and Eradication of Violence Against Women, the “Convention of Belém do Pará”, reaffirming the treaty’s status as the most widely ratified human rights instrument in the inter-American system with 32 states parties.
Fellowships and Internships
102. The Commission continued in 2005 with its "Rómulo Gallegos Fellowships" program. The program provides training in the inter-American system for the protection and promotion of human rights for young attorneys from countries in the Hemisphere, who are selected annually on a competitive basis. They must have demonstrated commitment to human rights and strong academic credentials. Over the year 2005, 12 fellows worked with the Commission, 7 in the second semester of the 2004-2005 period and 5 in the first semester of the 2005-2006 period. The fellowships in the 2004-2005 period included one position dedicated to candidates from the English-speaking Caribbean as well as a French-speaking fellowship focusing on the Commission’s work in Haiti.
103. In addition to its fellowship program, the Commission continued and expanded its internship program. The Commission internships, which are administrated in cooperation with the OAS Student Intern Program, are designed for junior, senior and graduate students at the university level as well as junior professionals to allow them to work within their field of study. The object of the internships is to provide students and recent graduates in law or other related disciplines with the opportunity to learn about the Commission’s work. It also provides professionals with an opportunity to acquire practical training in the area of human rights, and to work together with the lawyers of the Executive Secretariat in different activities that are carried out by the IACHR. During 2005, the Commission received a total of 24 interns. Additional information concerning the Commission’s fellowship and internship programs can be found on its web site at www.cidh.org.
Promotional activities
104. Throughout 2005, members of the Commission and Secretariat participated in numerous international conferences, workshops and training sessions on the international protection of human rights and related topics. Topics addressed at events in which the Commission took part included the functioning of the inter-American system, the application of the death penalty, the protection of human rights in the struggle against terrorism, and contributions of the inter-American human rights system to efforts to end impunity for serious crimes under international law.
105. Also during 2005 the Commission continued its efforts to strengthen its work with the member states of the English-speaking Caribbean and Haiti. To this end, the President of the Commission, Clare K. Roberts, visited and participated in seminars in numerous Caribbean countries, including Jamaica and the Republic of Haiti.
106. The Executive Secretary and Commission staff attorneys also participated in the Tenth Annual Moot Court Competition on the inter-American system of human rights in May 2005, organized by the Washington College of Law of the American University. The competition has been convened every year since 1996 and has involved more than 1,000 students and faculty representing over 100 universities from more than 20 countries of the Hemisphere.
F. Financial Situation
107. Throughout 2005, the Commission reiterated the fact that it continued to be adversely affected by the severe financial crisis at the Organization of American States, as the volume of petitions and other areas of responsibility for the Commission continued to increase while the Commission suffered from fewer personnel and a reduced budget. The Commission therefore appealed to member states for a prompt resolution to the unsustainable situation that it continued to face.
108. Also with respect to its financial situation over 2005, the Commission noted and welcomed significant financial contributions made by the governments of Argentina, Brazil, Colombia, Costa Rica, Finland, France, Ireland, Italy, Mexico, Spain, Sweden, and the United States, as well as funding provided by the Inter-American Development Bank, the European Commission, the Rights and Democracy Foundation, the McCormick Foundation, and the University of Notre Dame, all of which contributed concretely to strengthening the inter-American human rights system.
G. Activities of the Inter-American Commission in connection with the
109. During 2005, the Commission continued to litigate a number of matters before the Inter-American Court of Human Rights.
110. Between January 1 and December 31, 2005, the Commission submitted 10 Cases to the Inter-American Court: Nogueira de Carvalho (Brazil), Cuatro Puntos Cardinales (Honduras), Sawhoyamaxa Indigenous Community (Paraguay), Workers of the Congress (Peru), Bernabe Baldeon-Garcia (Peru), Reten de Catia (Venezuela), Vargas Areco (Parauguay), Goiburú, Mancuello and Villalta (Paraguay), Claude Reyes et. al (Chile), and Almonacid Arellano (Chile). The Commission also submitted 7 requests for provisional measures to the Court: Fermín Ramírez (Guatemala), Gutiérrez Soler (Colombia), López Álvarez (Honduras), Ramírez Hinostrosa and Rivera Paz (Peru), Febem Tatuape (Brazil), Castañeda Gutman (Mexico), and the Penitentiary Centre of La Pica (Venezuela).
111. Also during 2005, the Commission participated in numerous public hearings before the Court. During the Court’s LXVI Regular Period of Sessions from 28 February to 15 March 2005, the Commission participated in hearings on the following matters and cases: Yakye Axa Indigenous Community v. Paraguay (4 and 5 March 2005), Case of the Massacre of Mapiripan v. Colombia (7 and 8 March 2005), Yatama v. Nicaragua (9 and 10 March 2005), Gutierrez Soler v. Colombia (10 and 11 March 2005), the Case of Yean and Bosico v. Dominican Republic, and hearings on the provisional measures in the matters of Jiguamiando and Curbarado Colombia, and the San Jose de Apartado Peace Community, both regarding Colombia (14 March 2005). During the XXVI Extraordinary Session of the Court, held in Asunción, Paraguay from 9 to 13 de mayo de 2005, the Commission appeared before the Court in the cases of Palamara Iribarne v. Chile (9 May 2005), Garcia-Asto and Ramirez-Rojas v. Peru (10 May 2005), and in the Provisional Measures adopted in the matters of Penitentiaries of Mendoza (Argentina, 11 May 2005) and the Sarayaku Indigenous Community (Ecuador, 11 May 2005). During the LXVII Regular Period of Sessions, from 13 to 30 June 2005, the Commission appeared before the Tribunal in the Cases of Blanco-Romero et al v. Venezuela (27 and 28 June 2005), of Lopez-Alvarez v. Honduras (28 and 29 June 2005), and in the public hearing convened to hear the parties on the matter of the Barrios et al. Provisional Measures, regarding Venezuela (29 June 2005). During the LXVIII Regular Session of the Court, held from 7 to 24 September 2005, the Commission appeared before the Court at public hearing in the Cases of the Massacre of Pueblo Bello v. Colombia (19 and 20 September 2005), the Case of Sitramun v. Peru (20 and 21 September 2005), and the Case of the Massacres of Ituango v. Colombia (22 and 23 September 2005). Finally, during the LXIX Regular Session, held from 17 November to 2 December 2005, the Commission appeared at the public hearings in the Case of Ximenes Lopes v. Brazil (30 November and 1 December 2005), and in the matter of the Provisional Measures adopted in relation to the Febem Tatuape detention centre, also in Brazil (29 November 2005).
112. During this reporting period, the Commission also took note of several judgments issued by the Court in 2005 in relation to the cases before it, including: the judgement on merits in the case of the Serrano Cruz sisters v. El Salvador, issued on 1 March 2005; the judgement on merits and reparations in the Huilca Tecse Case v. Peru (3 March 2005); the judgement on merits and preliminary objections and acknowledgement of responsibility in the Case of the Massacre of Mapiripan v. Colombia, issued on 7 March 2005; the judgement on merits and reparations in the Winston Caesar Case v. Trinidad and Tobago (11 March 2005); the judgement on merits and reparations in the Case of the Moiwana Indigenous Community v. Suriname, issued on 15 June 2005; the judgement on merits and reparations in the case of the Yakye Axa Indigenous Community v. Paraguay (17 June 2005); the judgement on merits and reparations in the Fermin Ramirez Case v. Guatemala, issued on 20 June 2005; the judgement on merits and reparations in the Yatama Case v. Nicaragua (23 June 2005); the judgement on the request for interpretation of judgement presented in the Berenson Mejia Case v. Peru, issued on 23 June 2005; the judgement on the merits and reparations in the Acosta Calderon Case v. Ecuador (24 June 2005); the judgement on merits and reparations in the Yean and Bosico Case v. Dominican Republic, issued on 8 September 2005; the judgement on the request for interpretation of judgement in the Serrano Cruz Case v. El Salvador (9 September 2005); the judgement on merits and reparations in the Gutierrez Soler Case v. Colombia, issued on 12 September 2005; the judgement on merits and reparations in the Raxcaco Reyes Case v. Guatemala (15 September 2005); the judgement on merits and reparations in the Case of the Massacre of Mapiripan v. Colombia, issued on 15 September 2005; the judgement on the merits and reparations in the Palamara Iribarne Case v. Chile (22 November 2005); the judgement on merits and reparations in the Gomez Palomino Case v. Peru, issued on 22 November 2005; the judgement on merits and reparation in the Garcia-Asto and Ramirez-Rojas Case v. Peru (25 November 2005); the judgement on merits and reparations in the Blanco-Romero et.al. Case v. Venezuela, issued on 28 November 2005; and finally the judgement on preliminary objections in the Ximenes Lopes Case v. Brazil (30 November 2005).
113. The Court issued statements in three advisory proceedings during 2005: on 28 November 2005, it issued Advisory Opinion OC-19, concerning the control of legality of the quasi-jurisdictional attributions of the Inter-American Commission. During the year, two other resolutions were issued in relation to advisory proceedings OC-20, initiated by the Commission and concerning the application of death penalty; and OC-21, filed by Costa Rica and concerning the compatibility of certain domestic legislation with the American Convention. In the first proceeding, the Court deemed it unnecessary to issue an Advisory Opinion; in the second, it considered that it was not possible to issue it.
H. Thirty-fifth regular session of the OAS General Assembly
114. During the thirty-fifth regular session of the General Assembly of the Organization of American States, which was held in Fort Lauderdale, Florida, United States from June 5 to 7, 2005, the Commission was represented by its President, Clare K. Roberts and its Executive Secretary Santiago A. Canton. The Commission’s President addressed the General Assembly on the general situation of human rights in the OAS member states and formally presented the Commission's 2004 Annual Report.
115. The General Assembly adopted several resolutions in the area of human rights and humanitarian law. Because of their importance for the promotion and defense of human rights in the Americas and for consolidation of the inter-American system, the following resolutions are reproduced below:
AG/RES. 2066 (XXXV-O/05)
DISSEMINATION OF INFORMATION ON THE
INTER-AMERICAN SYSTEM FOR
(Adopted at the fourth plenary session, held on June 7, 2005)
THE GENERAL ASSEMBLY,
RECALLING that the Charter of the Organization of American States establishes that “[t]he Member States will give primary importance within their development plans to the encouragement of education, science, technology, and culture, oriented toward the overall improvement of the individual, and as a foundation for democracy, social justice, and progress”;
BEARING IN MIND that the Inter-American Democratic Charter reaffirmed that the promotion and protection of human rights is a basic prerequisite for the existence of a democratic society; considered that education is an effective way to promote citizens’ awareness concerning their own countries and thereby achieve meaningful participation in the decision-making process; and restated the importance of human resource development for a sound democratic system;
Recalling that the Heads of State and Government, at the Special Summit of the Americas, adopted the Declaration of Nuevo León, in which, inter alia, they reaffirmed the hemispheric commitment to democracy, to strengthening the rule of law, and to the defense of human rights and fundamental freedoms;
RECALLING ALSO operative paragraph 4 of resolution XXVII, adopted by the Tenth Inter-American Conference, held in Caracas in 1954, in which the Conference requested “the American governments to take appropriate steps to foster the teaching in their schools and universities of the subject of fundamental human rights and duties and their significance, in accordance with the American and universal declarations”;
TAKING INTO ACCOUNT resolution AG/RES. 2030 (XXXIV-O/04), “Strengthening of Human Rights Systems pursuant to the Plan of Action of the Third Summit of the Americas,” in which the General Assembly reaffirmed the commitment of the member states to continue strengthening and improving the inter-American system for the promotion and protection of human rights through concrete actions;
CONSIDERING that the OAS and its member states should promote the inter-American human rights system, inter alia, by disseminating information on the work of the organs of the inter-American human rights system and cooperating in the preparation of teaching and research programs in the area of human rights;
BEARING IN MIND that it is the responsibility of member states to adopt appropriate legislative, judicial, administrative, and other types of measures to promote an awareness and understanding by all persons under their jurisdiction of their civil, political, economic, social, and cultural rights by publishing and making widely available national laws and regulations and basic international instruments on human rights, as well as to foster and facilitate the teaching of human rights and freedoms at all educational levels and in all educational settings; and
CONSIDERING that every constitution in the Hemisphere guarantees the protection of human rights,
RESOLVES:
1. To acknowledge the progress being made by member states and the actions and policies they are implementing to disseminate in schools and universities and, where applicable, in police and military training facilities, the articles devoted to human rights in each country’s constitutional texts, as well as the American Convention on Human Rights and other hemispheric instruments on the protection of human rights.
2. To take into account the II Inter-American Report on Human Rights Education, prepared by the Inter-American Institute of Human Rights; and to suggest to states that its recommendations be implemented as soon as possible.
3. To suggest to member states that they consider, if they have not already done so and in keeping with the educational or dissemination programs they are carrying out, the advisability of taking inter alia, for example, the following measures:
a. Seeking methods designed to make students aware of the human rights rules and regulations in force in each state, and encouraging their across-the-board inclusion in the academic curricula of educational institutions;
b. Seeking teaching methods that will enable students to become familiar with human rights, to respect and promote them, and to relate them to their day-to-day lives, so as to foster behaviors necessary to ensure, inter alia, peaceful coexistence, democratic participation, diversity, and pluralism;
c. Preparing teaching materials for human rights education;
d. Providing ongoing training in human rights education to teachers at all levels;
e. Organizing discussion groups on implementation of the system for promoting and protecting human rights;
f. Holding periodic contests on awareness and application of norms for the protection of human rights;
g. Encouraging student and teacher participation in discussion and research on progress and developments in the inter-American system for the promotion and protection of human rights in their respective countries; and
h. Encouraging the teaching and dissemination of human rights through the media.
5. To propose to the ministers of education, scheduled to meet in Trinidad and Tobago in August 2005, that they include on the agenda for the Fourth Meeting of Ministers of Education consideration of concrete actions and programs for disseminating information on the inter-American system for the promotion and protection of human rights in the educational institutions of member states, in coordination, inter alia, with the Inter-American Institute of Human Rights.
AG/RES. 2067 (XXXV-O/05)
HUMAN RIGHTS DEFENDERS:
(Adopted at the fourth plenary session, held on June 7, 2005)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4376/05 add. 3) as it pertains to this topic, and resolution AG/RES. 2036 (XXXIV-O/04), “Human Rights Defenders: Support for the Individuals, Groups, and Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas”;
RECALLING the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
CONCERNED that situations persist in the Americas that directly or indirectly prevent or hamper the work of individuals, groups, or organizations working to promote and protect human rights and fundamental freedoms;
CONSIDERING that member states support the work carried out by human rights defenders and recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Americas, and to the representation and defense of individuals, minorities, and other groups of persons whose rights are threatened or violated;
TAKING NOTE that, in its decisions granting provisional measures, the Inter-American Court of Human Rights has highlighted the importance of the work of human rights defenders to the development of democracies in the Americas;
TAKING INTO ACCOUNT the work accomplished by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights and the member states’ replies to the questionnaire drawn up by that unit with a view to preparing a comprehensive report on the subject; and
UNDERSCORING that the work of human rights defenders has a decisive impact on the consolidation of democratic institutions and the enhancement of national human rights systems,
RESOLVES:
1. To reiterate its support for the work carried out, at both the national and regional levels, by human rights defenders; and to recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Hemisphere. 2. To recognize that, in view of their specific role and needs, women human rights defenders should be accorded special attention to ensure that they are fully protected and effective in carrying out their important activities.
3. To condemn actions that directly or indirectly prevent or hamper the work of human rights defenders in the Americas.
4. To encourage human rights defenders to continue to work selflessly for the enhancement of national human rights systems for the consolidation of democracy, in accordance with the principles contained in the United Nations Declaration on Human Rights Defenders.
5. To urge member states to continue stepping up their efforts to adopt the necessary measures to safeguard the lives, freedom, and personal safety of human rights defenders and to conduct thorough and impartial investigations in all cases of violations against human rights defenders, ensuring that the findings thereof are transparent and publicized.
6. To invite the Inter-American Commission on Human Rights to conclude as soon as possible its comprehensive report on the situation of human rights defenders in the Americas, in keeping with resolution AG/RES. 1842 (XXXII-O/02).
7. To request the Inter-American Commission on Human Rights to:
a. Continue to give due consideration to this matter;
b. Continue to intensify its dialogue and cooperation with the Special Representative of the United Nations Secretary-General on Human Rights Defenders; and
c. Include in its annual report a section on the work of its Unit for Human Rights Defenders.
8. To invite member states to promote the dissemination and enforcement of the instruments of the inter-American system and the decisions of its bodies on this matter, as well as the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
9. To invite member states to consider the preparation and implementation of national plans to apply the principles contained in the United Nations Declaration mentioned in the preceding paragraph, for which purpose they may also request the advisory services of the Inter-American Commission on Human Rights.
10. To urge member states that have not yet done so to reply to the questionnaire prepared by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights.
11. To request the Permanent Council to report to the General Assembly at its thirty-sixth regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.
AG/RES. 2072 (XXXV-O/05)
PROMOTION OF THE INTERNATIONAL CRIMINAL COURT[1]/
(Adopted at the fourth plenary session, held on June 7, 2005)
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), AG/RES. 1771 (XXXI-O/01), AG/RES. 1900 (XXXII-O/02), AG/RES. 1929 (XXXIII-O/03), and AG/RES. 2039 (XXXIV-O/04);
RECALLING ALSO the recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102, Doc. 6 rev., April 16, 1999, Chapter VII, 21.3.B), as well as its resolution N° 1/03, on the prosecution of international crimes, and the document “Framework for OAS Action on the International Criminal Court” (AG/INF.248/00);
RECOGNIZING that the adoption of the Statute of the International Criminal Court, on July 17, 1998, in Rome, is a milestone in efforts to combat impunity, and that the Court is an effective instrument for consolidating international justice;
DISMAYED by the persistent violations of international humanitarian law and international human rights law;
AFFIRMING that all states have the primary duty to prosecute and punish those violations so as to prevent their recurrence and avoid the impunity of the perpetrators of those crimes;
CONVINCED of the importance of preserving the effectiveness and legal integrity of the Rome Statute and the jurisdiction of the International Criminal Court, and recognizing the firm resolve of the states parties to preserve them;
CONVINCED ALSO of the importance of the Vienna Convention on the Law of Treaties for preserving the effectiveness and legal integrity of the Rome Statute;
WELCOMING the entry into force of the Rome Statute of the International Criminal Court on July 1, 2002, because as of that date the Court became the judicial body complementing the efforts of national jurisdictions to prosecute the perpetrators of the most serious international crimes, such as genocide, crimes against humanity, and war crimes;
RECOGNIZING that 139 states, including 27 members of the Organization of American States, have signed the Rome Statute and that 97 have ratified or acceded to it, among them 20 members of the Organization of American States;
NOTING that only 17 countries of the Hemisphere have signed and three have ratified the Agreement on Privileges and Immunities of the International Criminal Court;
EXPRESSING ITS SATISFACTION with the holding at the Organization’s headquarters on April 1, 2005, within the framework of the Committee on Juridical and Political Affairs, of the Working Meeting on Appropriate Measures That States Should Take to Cooperate with the International Criminal Court in the Investigation, Prosecution, and Punishment of the Perpetrators of War Crimes, Crimes against Humanity, Genocide, and Crimes against the Administration of Justice of the International Criminal Court, at which the President of the International Criminal Court was present; and
TAKING NOTE of the Annual Report of the Permanent Council to the General Assembly (AG/doc.4376/05 add. 3),
RESOLVES:
1. To urge those member states of the Organization that have not already done so to consider ratifying or acceding to, as the case may be, the Rome Statute of the International Criminal Court.
2. To urge all member states of the Organization to continue to participate constructively, even as observer states, in the Assembly of States Parties to the Rome Statute of the International Criminal Court in order to ensure the best possible operating environment for the Court, in a context of unconditional defense of the integrity of the Rome Statute and of the Court’s jurisdiction.
3. To urge the member states of the Organization that are parties to the Rome Statute to adapt and amend their domestic law, as necessary, with a view to the full and effective application of the Statute.
4. To urge those member states that are not party to the Rome Statute to adapt their criminal legislation in accordance with such instruments of international human rights law or international humanitarian law as may be applicable to them.
5. To urge the member states of the Organization to consider signing and ratifying the Agreement on Privileges and Immunities of the International Criminal Court, or acceding thereto, as the case may be, and in the case of those states that are already party to that Agreement to take the necessary measures for its full and effective implementation at the national level.
6. To request the Inter-American Juridical Committee to draw up a questionnaire, to be presented to the OAS member states, on how their laws allow for cooperation with the International Criminal Court and, on the basis of the findings of the questionnaire, to present a report to the Permanent Council, which, in turn, will transmit it to the General Assembly at its thirty-sixth regular session.
7. To urge the member states of the Organization to cooperate among themselves and, as appropriate, with the International Criminal Court so as to avoid the impunity of the perpetrators of the most serious international crimes, such as war crimes, crimes against humanity, and genocide.
8. To request the Permanent Council to hold a working meeting on appropriate measures that states should take to cooperate with the International Criminal Court in the investigation, prosecution, and punishment of the perpetrators of war crimes, crimes against humanity, genocide, and crimes against the administration of justice of the International Criminal Court. The International Criminal Court, international organizations, and nongovernmental organizations will be invited to cooperate and to participate in this working meeting.
9. To request the Permanent Council to include the topic of the implementation of the Rome Statute and the Agreement on Privileges and Immunities on the agenda of the Committee on Juridical and Political Affairs.
10. To request the Secretary General to present a report on the implementation of this resolution to the General Assembly at its thirty-sixth regular session.
AG/RES. 2073 (XXXV-O/05)
AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
(Adopted at the fourth plenary session, held on June 7, 2005)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES. 1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00), AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), AG/RES. 1919 (XXXIII-O/03), and AG/RES. 2029 (XXXIV-O/04);
BEARING IN MIND that, since resolution AG/RES. 1022 (XIX-O/89) of 1989, the General Assembly has requested the Inter-American Commission on Human Rights (IACHR) “to prepare a juridical instrument relative to the rights of the Indian peoples” and that in 1999, by resolution AG/RES. 1610 (XXIX-O/99), the General Assembly established a Working Group of the Permanent Council to consider the “Proposed American Declaration on the Rights of Indigenous Peoples,” presented by the IACHR (CP/doc.2878/97 corr. 1);
CONSIDERING the commitments undertaken by the Heads of State and Government in the Declaration and Plan of Action of the Third Summit of the Americas, held in Quebec City, Canada, and renewed in the Declaration of Nuevo León, at the Special Summit of the Americas, in Monterrey, Mexico, in January 2004, in support of an early and successful conclusion of negotiations on the Draft American Declaration on the Rights of Indigenous Peoples;
ACKNOWLEDGING the important contributions received by the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples and the efficient work of the Selection Board in the selection process for representatives of the indigenous peoples to receive financing from the Specific Fund;
NOTING WITH SATISFACTION the holding of a special meeting, and two meetings of negotiations in the quest for points of consensus, of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples, among representatives of the member states and representatives of the indigenous peoples, in keeping with the mandates issued in operative paragraph 4, subparagraphs (d) and (a), of resolution AG/RES. 2029 (XXXIV-O/04); and
HAVING SEEN the report of the Chair of the Working Group on activities carried out over the past year, which pointed out, in particular, the progress made at the special meeting and the two meetings held in the final phase of negotiations in pursuit of points of consensus, in Washington, D.C., in November 2004 and February 2005, respectively,
RESOLVES:
1. To reaffirm once again that the adoption of the American Declaration on the Rights of Indigenous Peoples remains a priority for the Organization of American States, emphasizing the importance of participation by the indigenous peoples in the process of preparing the draft Declaration.
2. To acknowledge the importance of the final phase of negotiations initiated by the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples, in which negotiation meetings were arranged in pursuit of a consensus and an early and successful conclusion of the draft Declaration.
3. To renew the mandate of the Working Group so that it may conclude the final phase of negotiations on the draft Declaration, starting from the consolidated text of the draft Declaration prepared by the Chair of the Working Group (GT/DADIN/doc.139/03) and considering the proposed Declaration presented by the Inter-American Commission on Human Rights (CP/doc.2878/97 corr. 1) and the proposals by member states, representatives of indigenous peoples, specialized organizations of the inter-American system, and other entities.
4. To request the Permanent Council to instruct the Working Group to:
a. Give increased emphasis to the holding of negotiation meetings with a view to the prompt adoption of the American Declaration on the Rights of Indigenous Peoples; and
b. Continue to take the appropriate measures to ensure continuing transparency of, and effective participation by representatives of indigenous peoples in, the negotiation meetings in pursuit of points of consensus.
5. To thank the member states, permanent observers, and institutions for their valuable contributions to the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples; to invite them to continue supporting the objectives of the Fund with their contributions; and to invite those that have yet to contribute to the Specific Fund to consider doing so.
6. To invite the multilateral organizations, development banks, and specialized multilateral agencies of the Hemisphere also to contribute to the Specific Fund in order to provide continued support for activities involving the participation of representatives of the indigenous peoples in the process of preparation by the Working Group of the Draft American Declaration on the Rights of Indigenous Peoples, as well to fund the Group’s other activities.
7. To invite the multilateral organizations, development banks, and specialized multilateral agencies of the Hemisphere to contribute, in their areas of competence, to a process of dialogue and consultation with indigenous peoples and to facilitate the exchange of information and coordination with other bodies of the inter-American system on activities relating to indigenous peoples, including activities undertaken in the context of the Summits of the Americas process.
8. To invite the governments of the member states to continue conducting domestic consultations with their indigenous peoples on the draft Declaration and to promote information exchanges among countries regarding those consultations.
9. To request the Secretary General to enhance coordination, awareness, and promotion of activities on indigenous issues among the various pertinent organs, agencies, and entities of the Organization and to promote the exchange of information and coordination with multilateral organizations, development banks, and specialized multilateral agencies of the Hemisphere on these activities.
10. To request the Inter-American Commission on Human Rights and its Special Rapporteur on Indigenous Peoples, and the General Secretariat of the Organization to continue to lend their valuable support to the process of drafting the American Declaration on the Rights of Indigenous Peoples; and to thank them for their ongoing contributions to that process.
11. To request the Permanent Council to follow up on this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources, and to present a report on its implementation to the General Assembly at its thirty-sixth regular session.
AG/RES. 2074 (XXXV-O/05)
STANDARDS FOR THE PREPARATION OF PERIODIC
REPORTS PURSUANT
(Adopted at the fourth plenary session, held on June 7, 2005)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4376/05 add. 3), as well as resolutions AG/RES. 2030 (XXXIV-O/04) and AG/RES. 2041 (XXXIV-O/04);
CONSIDERING the provisions of the American Convention on Human Rights, Chapter III of which refers to economic, social, and cultural rights;
UNDERSCORING the entry into force, in November 1999, of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador,” and its ratification by 13 member states of the Organization of American States;
RECALLING that both the American Convention and the Protocol of San Salvador recognize that the essential rights of an individual are not derived from one’s being a national of a certain state, but are based upon attributes of the human person;
BEARING IN MIND that, in Article 19 of the Protocol of San Salvador, the states parties undertake to submit, pursuant to the provisions of that article and the corresponding rules to be formulated for that purpose by the OAS General Assembly, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in said Protocol; and
RECOGNIZING that, in resolution AG/RES. 2030 (XXXIV-O/04), the Permanent Council was instructed to propose standards for the preparation of the periodic reports referred to in the preceding paragraph,
RESOLVES:
1. To adopt the Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador, which are appended to this resolution.
2. To instruct the Permanent Council to make proposals as soon as possible, through the Committee on Juridical and Political Affairs, on the composition and functioning of the Working Group established to examine the national reports, which would constitute qualitative progress in the area.
3. To request the Inter-American Commission on Human Rights to propose to the Permanent Council for possible adoption, pursuant to the Standards referred to in operative paragraph 1 of this resolution, the progress indicators to be used for each group of protected rights on which information is to be provided, taking into account, among other things, the contributions of the Inter-American Institute of Human Rights.
4. To direct that the time periods for submission of the national progress reports that the states parties to the Protocol of San Salvador are to present begin with the Permanent Council’s fulfillment of the provisions of operative paragraphs 2 and 3 of this resolution.
5. To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador.”
6. To request the Permanent Council to report to the General Assembly at its thirty-sixth regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.
AG/RES. 2075 (XXXV-O/05)
STRENGTHENING OF HUMAN RIGHTS SYSTEMS
(Adopted at the fourth plenary session, held on June 7, 2005)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4376/05), as well as resolutions AG/RES. 1828 (XXXI-O/01), AG/RES. 1890 (XXXII-O/02), AG/RES. 1925 (XXXIII-O/03), and AG/RES. 2030 (XXXIV-O/04);
REAFFIRMING that the universal promotion and protection of human rights, including civil and political, and economic, social, and cultural rights, as well as respect for the rules and principles of international humanitarian law and international refugee law, based on the principles of universality, indivisibility, and interdependence, are fundamental to the functioning of democratic societies; and stressing the importance of respect for the rule of law, effective and equal access to justice, and participation by all elements of society in public decision-making processes;
EXPRESSING that greater autonomy for the Inter-American Commission on Human Rights (IACHR), in the context of the Charter of the Organization of American States, the American Convention on Human Rights, and the Statute and the Rules of Procedure of said Commission, will lead to improvements in the inter-American human rights system;
CONSIDERING that the Organization can serve as a forum for contributing to the efforts of member states to develop and strengthen national systems for the promotion and protection of human rights;
BEARING IN MIND the Declaration and the Plan of Action of the Third Summit of the Americas, adopted in Quebec City, Canada; and
BEARING IN MIND ALSO the efforts and the progress made in the context of the aforementioned resolutions,
RESOLVES:
1. To reaffirm the commitment of member states to continue strengthening and improving the inter-American system for the promotion and protection of human rights and, in that connection, to continue to take concrete measures aimed at implementing the respective mandates of the Heads of State and Government, as set forth in the Plan of Action of the Third Summit of the Americas:
a. Universalization of the Inter-American human rights system by considering the signature and ratification or ratification of, or accession to, as soon as possible and as the case may be, all universal and inter-American human rights instruments;
b. Compliance with the judgments of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights;
c. Facilitation of access for individuals to the inter-American human rights system;
d. A substantial increase in the budget of the Inter-American Court of Human Rights and that of the Inter-American Commission on Human Rights so that, within a reasonable time, they may address their growing activities and responsibilities; and
e. Examination of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account, among other things, the views of those organs.
2. To recognize recent progress made in the specific areas of the inter-American human rights system identified in the Plan of Action of the Third Summit of the Americas, namely:
a. The initiation, within the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council, of the broad process of reflection on the inter-American system for the promotion and protection of human rights;
b. The start of a dialogue, within the CAJP, between member states and the organs of the inter-American human rights system (Inter-American Court of Human Rights and Inter-American Commission on Human Rights), in which the Inter-American Institute of Human Rights also participated;
c. The beginning of the process of reflection by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights during the special session of the Inter-American Commission on Human Rights, held in Mexico City on July 19 and 20, 2004;
d. Establishment of the Mechanism to Follow Up on Implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará” (MESECVI);
e. The “standards for the preparation of periodic reports on progressive measures adopted by the states parties to the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, or ‘Protocol of San Salvador,’ as provided in Article 19 of that legal instrument”;
f. Application of the new Rules of Procedure of the Inter-American Court of Human Rights and those of the Inter-American Commission on Human Rights, which has resulted, inter alia, in increased participation by victims in proceedings before the Court and greater use of the friendly settlement procedure in cases considered by the Inter-American Commission on Human Rights, as well as follow-up by the Commission on compliance with its recommendations on this subject;
g. The deposit by Colombia of the instrument of ratification of the Inter-American Convention on Forced Disappearance of Persons; and
h. The voluntary contributions to facilitate the work of the organs of the inter-American human rights system made by Brazil, Costa Rica, and Mexico, along with the European Union and the United Nations High Commissioner for Refugees (UNHCR), for the Inter-American Court of Human Rights; and by Argentina, Brazil, Costa Rica, Mexico, Peru, and the United States, along with Denmark, Finland, France, Spain, Sweden, the European Union, the Ford Foundation, the Inter-American Development Bank, the McCormick Tribune Foundation, and the University of Notre Dame, for the Inter-American Commission on Human Rights.
3. To instruct the Permanent Council to meet the objectives mentioned in operative paragraph 1 and to complement and consolidate the progress referred to in operative paragraph 2, by:
a. Continuing the broad process of reflection on the inter-American system for the promotion and protection of human rights, initiated within the Committee on Juridical and Political Affairs, in consultation with the member states, specialized agencies of the inter-American human rights system, nongovernmental organizations, national human rights institutes, academic institutions, and experts in the field, regarding:
i. The major challenges facing the inter-American system for the promotion and protection of human rights in the Hemisphere;
ii. Possible actions to strengthen and improve the system; and
iii. The advisability of convening an inter-American human rights conference.
b. Continuing to examine ways to bring about an effective and adequate increase in the financial resources allocated to the organs of the inter-American human rights system in the program-budget of the Organization;
c. Supporting any initiatives taken by the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to request funding from international and regional agencies to further the activities of the organs of the inter-American system for the promotion and protection of human rights;
d. Encouraging, in addition, member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights;
e. Continuing to consider ways to promote compliance with the judgments of the Inter-American Court of Human Rights and follow-up on the recommendations of the Inter-American Commission on Human Rights by member states;
f. Continuing to analyze the priorities for improvement of the inter-American human rights system, including consideration of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account related information provided by the presidents of both organs;
g. Holding each year, within the CAJP, th |
