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ANNUAL REPORT 2007
ANNEX 4 OAS GENERAL ASSEMBLY RESOLUTIONS
PROTOCOL OF SAN
SALVADOR:
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1) and resolutions AG/RES. 2074 (XXXV-O/05) and AG/RES. 2178 (XXXVI-O/06);
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 14 member states of the Organization of American States (OAS);
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;
RECALLING ALSO 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;
TAKING INTO ACCOUNT that resolution AG/RES. 2074 (XXXV-O/05) adopted the “Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador,” and that AG/RES. 2178 (XXXVI-O/06) instructed 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 in accordance with the Standards;
BEARING IN MIND that the states parties to the Protocol presented a “Proposal for the Composition and Functioning of the Working Group,” which was considered by the political organs of the Organization; and
RECOGNIZING that the Plan of Action of the Fourth Summit of the Americas (Mar del Plata, Argentina, 2005) urged the member states to consider signing and ratifying, or acceding to, as the case may be, the Protocol of San Salvador, and to collaborate in the development of progress indicators in the area of economic, social, and cultural rights, RESOLVES:
1. To adopt the document “Composition and Functioning of the Working Group to Examine the National Reports Envisioned in the Protocol of San Salvador,” which is attached hereto.
2. To reiterate its request to the Inter-American Commission on Human Rights to continue its work with a view to proposing to the Permanent Council for possible adoption, no later than the third quarter of 2007, the progress indicators to be used for each group of protected rights on which information is to be provided, taking into account, inter alia, the contributions of the Inter-American Institute of Human Rights.
3. To reiterate that the request set forth in operative paragraph 2 of this resolution must be fulfilled before the time periods for submission of the national progress reports to be presented by the states parties to the Protocol of San Salvador begin to run.
4. 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.”
5. To request the Permanent Council to report to the General Assembly at its thirty-eighth 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.
APPENDIX
COMPOSITION AND FUNCTIONING OF THE WORKING GROUP TO EXAMINE THE NATIONAL REPORTS ENVISIONED IN THE PROTOCOL OF SAN SALVADOR
1. COMPOSITION OF THE WORKING GROUP
The Working Group to Examine the Progress Reports of the States Parties to the Protocol of San Salvador shall be composed of:
a. Three government experts elected by the states parties during the session of the General Assembly of the Organization of American States (OAS) from a list of candidates nominated by the states parties, taking into account equitable geographic distribution and rotation. Additionally, an alternate government expert.
b. One independent expert, who shall be a highly qualified professional with recognized experience in the field, appointed during the OAS General Assembly session by the Secretary General of the Organization from among a list of candidates nominated by the states parties, each country being restricted to one candidate. The candidates shall be academics, members of civil society organizations of the respective country, or members of civil society organizations registered with the OAS; at the time of selection, they may not hold government posts or serve in any branch of government. Additionally, an alternate independent expert.
c. One member of the Inter-American Commission on Human Rights (IACHR). In addition, one alternate member.
2. GENERAL RULES
a. The General Secretariat, through the Office of International Law of the Department of International Legal Affairs, shall serve as Technical Secretariat of the Working Group.
b. Both the government experts and the independent expert shall serve for a three-year term, with the exception of the first term, in which, for the sake of continuity, one of the elected government experts shall be drawn by lot to serve a two-year term, along with the independent expert. In no case may experts be reelected.
c. No national of the state party whose report is to be examined may participate in the review.
d. To carry out its mandate, the Working Group may meet for five days every six months at OAS headquarters. When the Group is not in session, it shall conduct its work by electronic or other means.
e. The states parties’ reports and the Working Group’s analysis shall be submitted to the Inter-American Council for Integral Development (CIDI), as provided in Article 19 of the Protocol of San Salvador. Each year, the Working Group shall present a report to CIDI for presentation to the OAS General Assembly, with a copy to the Permanent Council, transmitted through the Committee on Juridical and Political Affairs (CAJP).
SUPPORT FOR THE
COMMITTEE FOR THE ELIMINATION OF ALL FORMS OF
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
BEARING IN MIND:
The Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, adopted in Guatemala on June 7, 1999, which entered into force on September 14, 2001, and has been ratified by 17 member states;
Resolution AG/RES. 2167 (XXXVI-O/06), “Establishment of the Committee Provided for in the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities,” in which the Secretary General is requested to convene, in accordance with Article VI of that Convention, the first meeting of that Committee; and
Resolution CP/RES. 913 (1577/07), “Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities,” in which the offer by the Republic of Panama to host the first meeting of the Committee was accepted;
CONSIDERING that the First Meeting of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities was held on February 28 and March 1, 2007, in Panama City, Republic of Panama; and
HAVING SEEN the report on the First Meeting of the Committee (CEDDIS/doc.28/07),
RESOLVES:
1. To express its satisfaction at the installation of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities and the adoption of its Rules of Procedure and of the general guidelines on the content of the reports of the states parties to the Convention; and to encourage the Committee to continue its work of monitoring implementation of the Convention, according to its approved work calendar.
2. To thank the people and Government of the Republic of Panama for their generous hospitality and their decisive and effective support in making the first meeting of the Committee a success.
3. To create a specific fund of voluntary contributions, entitled “Specific Fund for the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities,” to be administered by the General Secretariat, in order to supplement financing for the activities of the Committee and its Technical Secretariat and to allow for the participation of representatives appointed by those states parties that, owing to special circumstances, cannot finance such participation.
4. To request the Secretary General to continue, through the Office of International Law, which serves as the Technical Secretariat of the Committee, supporting the tasks assigned to the Committee.
5. To instruct the Permanent Council to follow up on this resolution, which will be carried out 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-eighth regular session.
RIGHT TO THE TRUTH[1]/
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN its resolution AG/RES. 2175 (XXXVI-O/06), “Right to the Truth”;
CONSIDERING the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, or “Pact of San José, Costa Rica,” the Inter-American Convention to Prevent and Punish Torture, and the Inter-American Convention on Forced Disappearance of Persons;
CONSIDERING IN PARTICULAR Articles 25, 8, 13, and 1.1 of the American Convention on Human Rights, related, respectively, to the right to judicial protection, the right to due process and judicial guarantees, the right to freedom of expression, and the duty of states to respect and guarantee human rights;
CONSIDERING ALSO the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Geneva Conventions of 1949 and the 1977 Additional Protocols thereto, the 2006 International Convention for the Protection of All Persons from Enforced Disappearance, and other relevant instruments of international human rights law and international humanitarian law, as well as the Vienna Declaration and Programme of Action;
NOTING the universality, interdependence, indivisibility, and interrelatedness of civil, political, economic, social, and cultural rights;
TAKING NOTE of Articles 32 and 33 of Additional Protocol I, adopted on June 8, 1977, to the Geneva Conventions of August 12, 1949, and relating to the Protection of Victims of International Armed Conflicts, which recognize the right of families, as soon as circumstances permit, to know the fate of persons who have disappeared in armed conflicts;
STRESSING that adequate steps to identify victims should also be taken in situations not amounting to armed conflict, especially in cases of severe or systematic violations of human rights;
RECALLING resolution 2005/66 of the United Nations Commission on Human Rights, on the right to the truth, and decision 2/105 of the United Nations Human Rights Council;
RECALLING ALSO its resolution AG/RES. 445 (IX-O/79), on the promotion of human rights, and its resolutions AG/RES. 510 (X-O/80), AG/RES. 618 (XII-O/82), AG/RES. 666 (XIII-O/83), and AG/RES. 742 (XIV-O/84), on forced disappearance;
TAKING INTO ACCOUNT its resolution AG/RES. 2134 (XXXV-O/05), on persons who have disappeared, and its resolution AG/RES. 2231 (XXXVI-O/06), on persons who have disappeared and assistance to members of their families;
NOTING that the General Assembly has received reports from the Inter-American Commission on Human Rights on the human rights situation in certain countries of the region, which refer to the right to the truth and recognize that the disappearance of persons causes suffering and hardship, especially to relatives and any other person having a legitimate interest, who are uncertain about their fate and unable to provide them with legal, moral, and material assistance;
NOTING ALSO that the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have recognized the right to the truth in their respective recommendations and judgments in various individual cases of human rights violations;
MINDFUL that the right to the truth may be characterized differently in some legal systems as the right to know or the right to be informed or as freedom of information;
TAKING NOTE of the conclusions of the regional seminar “Memory, Truth, and Justice: Our Recent Past,” held in the context of the Meeting of Competent High Authorities on Human Rights and Foreign Ministries of MERCOSUR and Associated States, in November 2005, which recognize the collective dimension of the right to the truth;
STRESSING that the regional community should make a commitment to recognize the right of victims of gross violations of human rights and serious violations of international humanitarian law, and their families and society as a whole, to know the truth regarding such violations to the fullest extent practicable, in particular the identity of the perpetrators, the causes and facts of such violations, and the circumstances under which they occurred;
STRESSING ALSO that it is important for states to provide effective mechanisms for society as a whole and, in particular, for relatives of the victims, to learn the truth regarding gross violations of human rights and serious violations of international humanitarian law; and
CONVINCED that states, within the framework of their own internal legal systems, should preserve records and other evidence concerning gross violations of human rights and serious violations of international humanitarian law, in order to facilitate knowledge of such violations, investigate allegations, and provide victims with access to an effective remedy in accordance with international law, in order to prevent these violations from occurring again in the future, among other reasons,
RESOLVES:
1. To recognize the importance of respecting and ensuring the right to the truth so as to contribute to ending impunity and to promoting and protecting human rights. 2. To welcome the establishment in several states of specific judicial mechanisms, as well as other non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, that complement the justice system, to contribute to the investigation of violations of human rights and of international humanitarian law; and to express appreciation for the preparation and publication of the reports and decisions of these bodies.
3. To encourage the states concerned to disseminate and implement the recommendations of national non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, to monitor the implementation of said recommendations at the domestic level, and to report on compliance with the decisions of judicial mechanisms.
4. To encourage other states to consider the possibility of establishing specific judicial mechanisms and, where appropriate, truth commissions or other similar bodies to complement the justice system, to contribute to the investigation and punishment of gross violations of human rights and serious violations of international humanitarian law.
5. To encourage states and the Inter-American Commission on Human Rights (IACHR), within its sphere of competence, to provide the states that so request with necessary and appropriate assistance concerning the right to the truth, through, inter alia, technical cooperation and information exchange on national administrative, legislative, and judicial measures applied, as well as experiences and best practices geared toward the protection, promotion, and implementation of this right.
6. To request the IACHR to continue to prepare a report, for presentation to the Permanent Council, on the evolution of the right to the truth in the Hemisphere, which report shall include national mechanisms and experiences in this regard.
7. To encourage all states to take appropriate measures to establish mechanisms or institutions for disclosing information on human rights violations, and to ensure that citizens have appropriate access to said information, in order to further the exercise of the right to the truth, prevent future human rights violations, and establish accountability in this area.
8. 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-eighth regular session.
PROTECTING HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1840 (XXXII-O/02), AG/RES. 1906 (XXXII-O/02), AG/RES. 1931 (XXXIII-O/03), AG/RES. 2035 (XXXIV-O/04), AG/RES. 2143 (XXXV-O/05), and AG/RES. 2238 (XXXVI-O/06), and the Report on Terrorism and Human Rights, prepared by the Inter-American Commission on Human Rights (IACHR) (OEA/Ser.L/V/II.116 - Doc.5 rev. 1);
REAFFIRMING the principles and purposes of the Charter of the Organization of American States and the Charter of the United Nations;
EMPHASIZING that all persons are born free and are entitled to the human rights and fundamental freedoms recognized in the Universal Declaration of Human Rights, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or other status, and that this applies in all circumstances, in accordance with international law;
REITERATING that all persons are equal before the law and have the rights and duties established in the American Declaration of the Rights and Duties of Man, without distinction as to race, sex, language, creed, or any other factor;
REAFFIRMING that states are under the obligation to protect all human rights and fundamental freedoms of all persons;
RECOGNIZING that respect for all human rights, respect for democracy, and respect for the rule of law are interrelated and mutually reinforcing;
CONSIDERING that terrorism poses a serious threat to the security, the institutions, and the democratic values of states and to the well-being of our peoples, and that it impairs the full enjoyment and exercise of human rights;
REAFFIRMING that acts, methods, and practices of terrorism in all its forms and manifestations are activities aimed at the destruction of human rights, fundamental freedoms, and democracy, threatening the territorial integrity and security of states and destabilizing legitimately constituted governments, and that the international community should take the necessary steps to enhance cooperation to prevent and combat terrorism;
Reaffirming ALSO its unequivocal condemnation of all acts, methods, and practices of terrorism in all its forms and manifestations, wherever and by whomsoever committed, regardless of their motivation, as criminal and unjustifiable; and renewing its commitment to strengthen international cooperation to prevent and combat terrorism;
TAKING INTO ACCOUNT:
That, in the Declaration of San Carlos on Hemispheric Cooperation for Comprehensive Action to Fight Terrorism, adopted on March 24, 2006, and the Declaration of Panama on the Protection of Critical Infrastructure in the Hemisphere in the Face of Terrorism, adopted on March 1, 2007, the member states reaffirmed that terrorism in all its forms and manifestations, whatever its origin or motivation, has no justification whatsoever, affects the full enjoyment and exercise of human rights, and constitutes a grave threat to international peace and security, the institutions and values of democracy, and the stability and prosperity of the countries of the region;
That, in the Declaration on Security in the Americas, the states of the Hemisphere renewed their commitment, reiterated in the Declaration of San Carlos and Declaration of Panama, to fight terrorism and its financing, with full respect for the rule of law and international law, including international humanitarian law, international human rights law, and international refugee law, the Inter-American Convention against Terrorism, and United Nations Security Council resolution 1373 (2001);[2]/ and
That, in the Declaration of Mar del Plata of the Fourth Summit of the Americas and the Declaration of Nuevo León of the Special Summit of the Americas, the Heads of State and Government agreed to take all necessary steps to prevent and counter terrorism and its financing, in full compliance with their obligations under international law, including international human rights law, international refugee law, and international humanitarian law;
WELCOMING the fact that the Inter-American Convention against Terrorism came into force on July 10, 2003; and that to date 22 countries have ratified it;
CONSIDERING the report of the Meeting of Government Experts to Exchange, from a Human Rights Perspective, Best Practices and National Experiences in Adopting Antiterrorism Measures, held on February 12 and 13, 2004 (CP/CAJP-2140/04);
HAVING RECEIVED the document entitled “Recommendations for the Protection of Human Rights by OAS Member States in the Fight against Terrorism” (CP/doc.4117/06), prepared by the Inter-American Commission on Human Rights, which complements the IACHR’s Report on Terrorism and Human Rights, dated October 22, 2002 (OEA Ser.L/V/II.116. Doc. 5 rev. 1);
REAFFIRMING:
That, in the fight against terrorism, any detained person presumed to be involved in a terrorist act will enjoy the rights and guarantees provided by applicable international law, in particular international human rights law and international humanitarian law;
That the means the state can use to protect its security or that of its citizens in the fight against terrorism should, under all circumstances, be consistent with applicable international law, in particular international human rights law, international humanitarian law, and international refugee law; and
That terrorism cannot and should not be associated with any religion, nationality, civilization, or ethnic group;
RECALLING that, under Article 27 of the American Convention on Human Rights and Article 4 of the International Covenant on Civil and Political Rights, it is recognized that some rights are non-derogable under any circumstances, and that, with respect to rights that may be subject to derogation, states may take measures derogating from their obligations under these Conventions to the extent and, with respect to the American Convention, for the period of time strictly required by the exigencies of the situation, provided that such measures are not inconsistent with the other rights and obligations prescribed under international law; and emphasizing that, in the inter-American system, the protection of non-derogable rights includes essential judicial guarantees for their protection; and
DEEPLY DEPLORING the occurrence of violations of human rights and fundamental freedoms in the context of the fight against terrorism, as well as violations of international refugee law and international humanitarian law,
RESOLVES:
1. To reaffirm that the fight against terrorism must be waged with full respect for the law, including compliance with due process and human rights comprised of civil, political, economic, social, and cultural rights, as well as for democratic institutions, so as to preserve the rule of law and democratic freedoms and values in the Hemisphere.
2. To reaffirm that all member states have a duty to ensure that all measures adopted to combat terrorism are in compliance with their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law.
3. To urge all member states, with a view to fulfilling the commitments undertaken in this resolution, to consider signing and ratifying, ratifying, or acceding to, as the case may be and as soon as possible, the Inter-American Convention against Terrorism and the American Convention on Human Rights; and to urge the states parties to take appropriate steps to implement the provisions of those treaties.
4. To request the Inter-American Commission on Human Rights (IACHR) to continue promoting respect for and the defense of human rights and facilitating efforts by member states to comply appropriately with their international human rights commitments when developing and executing counterterrorist measures, including the rights of persons who might be at a disadvantage, subject to discrimination, or at risk as a result of terrorist violence or counterterrorist initiatives, and to report to the Permanent Council on the advisability of conducting a follow-up study.
5. To request that the Permanent Council, having received the document entitled “Recommendations for the Protection of Human Rights by OAS Member States in the Fight against Terrorism” (CP/doc.4117/06), prepared by the IACHR, hold consultations with the Inter-American Committee against Terrorism (CICTE) and with member states, so as to conclude the process provided for in resolution AG/RES. 2143 (XXXV-O/05), operative paragraph 5, for preparing recommendations.
6. On the basis of the Recommendations for the Protection of Human Rights by OAS Member States in the Fight against Terrorism, prepared by the IACHR, and the outcome of the consultations with CICTE and the member states, the Permanent Council may consider preparing draft common terms of reference for the protection of human rights and fundamental freedoms in the fight against terrorism, that would compile current international standards based on applicable international law, as well as best practices, for consideration by the General Assembly.
7. To reiterate the importance of intensifying dialogue among CICTE, the IACHR, and other pertinent areas of the Organization, with a view to improving and strengthening their ongoing collaboration on the issue of protecting human rights and fundamental freedoms while countering terrorism.
8. To urge member states to respect, in accordance with their obligations, the human rights of all persons deprived of their liberty in high-security detention centers, particularly observance of due process.
9. To reaffirm that it is imperative that all states work to uphold and protect the dignity of individuals and their fundamental freedoms, as well as democratic practices and the rule of law, while countering terrorism.
To request the
Permanent Council to present a report to the General Assembly at its
thirty-eighth 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.
DRAFT
INTER-AMERICAN CONVENTION AGAINST RACISM
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1);
REAFFIRMING the content of its resolution AG/RES. 2168 (XXXVI-O/06) and all prior resolutions on the subject; and
HAVING SEEN document CP/CAJP-2357/06 rev. 7, “Preliminary Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,”
RESOLVES:
1. To take note of the progress achieved by the Working Group to Prepare a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance.
2. To instruct the Working Group to continue negotiations on that Draft Convention, taking into account the progress set forth in document CP/CAJP-2357/06 rev. 7, “Preliminary Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,” and in keeping with the work plan and working procedure to be adopted by the Group as it begins its activities.
3. To request that the Working Group continue promoting contributions from member states; organs, agencies, and entities of the Organization of American States; the United Nations; and regional organizations; and to urge those bodies to continue sending their written contributions to the Working Group for consideration; and, bearing in mind the Guidelines for Participation by Civil Society Organizations in OAS Activities, contained in Permanent Council resolution CP/RES. 759 (1217/99), dated December 15, 1999, that it also continue to receive contributions from representatives of indigenous peoples, entrepreneurs and labor groups, and civil society organizations.
4. To renew the mandates to the Justice Studies Center of the Americas (JSCA) and the Inter-American Commission on Human Rights (IACHR), as set forth in paragraphs 5, 7, and 8 of its resolution AG/RES. 2168 (XXXVI-O/06).
5. To request the General Secretariat to continue to provide the broadest possible support, through the Executive Secretariat of the IACHR and the Office of International Law of the Department of International Legal Affairs, to the Working Group’s activities.
6. To instruct 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-eighth regular session.
INTERNALLY DISPLACED PERSONS
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1971 (XXXIII-O/03), “The Protection of Refugees, Returnees, and Stateless and Internally Displaced Persons in the Americas,” AG/RES. 774 (XV-O/85), AG/RES. 838 (XVI-O/86), AG/RES. 951 (XVIII-O/88), AG/RES. 1021 (XIX-O/89), AG/RES. 1039 (XX-O/90), AG/RES. 1040 (XX-O/90), AG/RES. 1103 (XXI-O/91), AG/RES. 1170 (XXII-O/92), AG/RES. 1214 (XXIII-O/93), AG/RES. 1273 (XXIV-O/94), AG/RES. 1336 (XXV-O/95), AG/RES. 1416 (XXVI-O/96), AG/RES. 1504 (XXVII-O/97), AG/RES. 1602 (XXVIII-O/98), AG/RES. 1892 (XXXII-O/02), AG/RES. 2055 (XXXIV-O/04), AG/RES. 2140 (XXXV-O/05), and, especially, resolution AG/RES. 2229 (XXXVI-O/06), “Internally Displaced Persons”;
REITERATING the principles established in the Charter of the Organization of American States (OAS) and in the Inter-American Democratic Charter, especially those referred to in its Chapter III, “Democracy, Integral Development, and Combating Poverty”;
RECALLING the pertinent rules of international human rights, humanitarian, and refugee law; and recognizing that the protection of internally displaced persons has been reinforced by the definition and consolidation of specific protection standards, in particular the Guiding Principles on Internal Displacement, prepared by the Special Representative of the United Nations Secretary-General on Internally Displaced Persons;
RECALLING ALSO that, according to those guiding principles, internally displaced persons are “persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”;
EMPHASIZING that the states have the primary responsibility to provide protection and assistance to internally displaced persons within their jurisdiction, as well as to address, as appropriate, the causes of the internal displacement problem and to do so, when so required, in cooperation with the international community;
NOTING that several countries in the Hemisphere are using the Guiding Principles on Internal Displacement and including them in the development of national policies and strategies;
TAKING INTO ACCOUNT that the problem of internally displaced persons is of significant proportions and that their needs, particularly with regard to protection and assistance, require immediate attention;
EMPHASIZING the importance of implementing effective policies for preventing and averting forced internal displacement and for protecting and assisting displaced persons during displacement and during return or resettlement and reintegration; and
UNDERSCORING that to promote enhanced protection for internally displaced persons, comprehensive strategies and lasting solutions are needed, which include, among other aspects, the safe, dignified, and voluntary return of internally displaced persons, promotion and protection of their human rights, and their resettlement and reintegration, either in their place of origin or in the receiving community; and, in this context, reaffirming the importance of international cooperation,
RESOLVES:
1. To urge member states to include, as appropriate, in their sectoral plans, policies, and programs, the special needs of internally displaced persons, especially in the preparation of programs to foster development and fight poverty.
2. To urge member states to consider using the Guiding Principles on Internal Displacement, prepared by the Special Representative of the United Nations Secretary-General on Internally Displaced Persons, as a basis for their plans, policies, and programs in support of such persons, and, in accordance with international law, in support of, inter alia, indigenous communities and communities of African descent, and the specific needs of children, women, the elderly, and persons with disabilities.
3. To urge member states to consider adopting and implementing in their domestic law the Guiding Principles on Internal Displacement, which reflect certain aspects of international human rights law and international humanitarian law.
4. In order to avert the internal displacement of persons, to encourage member states to address the factors that cause it and to establish preventive policies, such as early warning, bearing in mind that dialogue with all the actors involved is essential to the achievement of lasting solutions.
5. To urge member states, in keeping with their responsibility to internally displaced persons, based on comprehensive strategies and from a human rights perspective, to commit to providing them with protection and assistance during displacement, through competent national institutions; and to invite member states to commit to seeking lasting solutions, including the safe and voluntary return of internally displaced persons and their resettlement and reintegration, whether in their place of origin or in the receiving community.
6. To call upon states to protect the rights of internally displaced persons in natural and man-made disasters and to employ an approach to disaster relief and reconstruction, consistent with international human rights law and domestic law, taking into account the Guiding Principles on Internal Displacement and best practices.
7. To appeal to the appropriate agencies of the United Nations and the inter-American system, and to other humanitarian organizations and the international community, to provide support and/or assistance, as requested by states, in addressing the various factors that cause internal displacement, and in assisting persons affected by internal displacement at all stages, where account should be taken of the Guiding Principles on strengthening of the coordination of humanitarian emergency assistance (United Nations General Assembly resolution 46/182).
8. To instruct the Permanent Council to follow up on this resolution as it sees fit.
PROMOTION OF THE INTERNATIONAL CRIMINAL COURT[3]/
(Adopted at the fourth plenary session, held on June 5, 2007)
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), AG/RES. 2039 (XXXIV-O/04), AG/RES. 2072 (XXXV-O/05), and AG/RES. 2176 (XXXVI-O/06);
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 No. 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 a component of the international criminal justice system and an effective instrument for consolidating international justice and peace;
NOTING WITH CONCERN the continuation in some parts of the world of persistent violations of international humanitarian law and international human rights law; and reaffirming that all states have the primary duty to investigate, 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, including the jurisdiction of the International Criminal Court; and recognizing the essential role of the Vienna Convention on the Law of Treaties and the firm resolve of the states parties to preserve them;
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; MINDFUL of the importance of effective cooperation from the states and from international and regional organizations, and of support from civil society, to the effective functioning of the International Criminal Court;
NOTING in this respect that Article 87.6 of the Rome Statute recognizes the role intergovernmental organizations can play in providing cooperation to the Court and that, in its resolution ICC-ASP/5/Res. 3, contained in ICC publication ICC-ASP/5/32, the Assembly of States Parties, at its fifth session, decided to invite other relevant regional organizations to consider concluding such agreements with the Court;
WELCOMING that 104 states have now ratified or acceded to the Rome Statute, among them 23 members of the Organization of American States–Saint Kitts and Nevis being the state in the Hemisphere most recently to do so–and that 139 states have signed it, including 27 members of the Organization;
NOTING WITH GRATIFICATION that 10 member states of the Organization have ratified or acceded to the Agreement on Privileges and Immunities of the International Criminal Court, among them Uruguay, Bolivia, and Ecuador in 2006, and |
