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PRESS RELEASEIACHR REPORTS ON HUMAN RIGHTS SITUATION AT THE CONCLUSION OF ITS SESSION
N° 35/05
The Inter-American Commission on Human Rights (IACHR) reported on the activities carried out during its 123rd regular sessions. The Members of the IACHR are Clare K. Roberts, President; Susana Villarán, First Vice President; Paulo Sérgio Pinheiro, Second Vice President; and Commissioners José Zalaquett, Evelio Fernández Arévalos, Freddy Gutiérrez and Florentín Meléndez. The Executive Secretary of the IACHR is Santiago A. Canton.
Since its previous regular session, the IACHR has observed some important developments in the area of human rights: the Argentine Supreme Court decision that overruled the due obedience and final point laws; a broad constitutional amendment in Chile that eliminates obstacles for equal political participation; also recommended by the Inter-American Commission; the signing of agreements and important advances in friendly settlement proceedings in cases from Argentina, Bolivia, Brazil, Colombia, Ecuador, Guatemala and Mexico. There have also been legal advances in the human rights of women, such as the adoption of the Domestic Violence Law in Chile and the ratification by Colombia of the Optional Protocol to the Convention on the Elimination of all Forms of Discrimination Against Women. Likewise, the Commission took note of the profound changes carried out by the Government of President Luiz Inacio Da Silva in the area of promotion of racial equality in Brazil. The Commission is also observing human rights advances and good practices in other Member States of the region, on which it shall report opportunely.
In addition, the IACHR highlights the continuous enhancement of the legitimacy and effectiveness of the inter-American human rights system, as demonstrated by the increasing number of persons who submit petitions, the diverse subjects that are presented and organizations that attend the sessions and hearings, as well as the high level of representation from States and civil society in them, the increasing use of the system’s jurisprudence by various tribunals in the region, and the important results obtained in the defense of human rights thanks to the utilization of the system. Likewise, the Commission wishes to acknowledge the important work carried out by human rights defenders in the Hemisphere and, accordingly, to remind Member States of their obligation to offer all the necessary guarantees to all persons who appear at its hearings.
Unfortunately, many human rights challenges remain in the region. Weakness of the Rule of law in various countries affects the comprehensive protection of human rights. The socio-economic situation of the great majority of the OAS Member States prevents the effective enjoyment of the economic, social, and cultural rights of its habitants. Additionally, structural problems persist related to impunity for serious human rights violations such as torture and extrajudicial executions; arbitrary detention; the vulnerability of the judiciary; and inhuman conditions of detention in prisons. Nor has there been any change in the factual and juridical inequality affecting persons who are traditionally the victim of discrimination such as women, indigenous communities, and Afro-Descendants.
During these sessions, the Inter-American Commission continued to receive information on the rise in public insecurity due to increases in crime, as well as the insufficient institutional response compatible with the principles of a democratic society, respectful of human rights and fundamental liberties.
Also, the Inter-American Commission received information on the general human rights situation in different countries of the region. Special reference must be made to the situations in Bolivia, Colombia, Cuba, Ecuador, Haiti, Nicaragua, and Venezuela.
Regarding Bolivia, the IACHR has been closely following the situation related to the institutional crisis. The positive developments necessary to overcome this crisis should be highlighted and hopefully will be consolidated once the electoral process is concluded. At the same time, the IACHR received information regarding political tendencies, inequality and social inequity that continue to affect the stability of the democratic institutions. Of particular concern is the situation of the so-called “captive communities” of the Guarani community in the Bolivian Chaco, who are living in slave-like conditions.
With respect to Colombia, due to the enactment of Law 975 of 2005 known as “Law of Justice and Peace” in the context of the process of demobilization of illegal armed groups, the IACHR formulated a series of general observations on the content of the law in light of the obligations of the State regarding truth, justice, reparation, through a press release issued on July 15, 2005. During the 123° period of sessions, the Commission received information on the process of demobilization, the violations to the cease-fire decreed by the leaders of the AUC and the application of the law by organizations of civil society and the State. A situation as complex, harmful, and prolonged as that in Colombia requires the deactivation of armed persons through mechanisms of negotiation. Therefore, to ensure uninterrupted peace, there must be a guarantee of non-repetition of crimes of international law, human rights violations and serious infractions of international humanitarian law, which must include the investigation and the reparation of the consequences of violence through mechanisms apt to establish the truth of what occurred, administer justice and repair the victims in an integral manner in light of its international obligations pursuant to the American Convention on Human Rights and the Charter of the OAS.
Regarding Cuba, the Commission continued to receive information on situation of human rights, particularly on the conditions of detention of persons deprived of liberty because of their political dissidence; on the violation labor and union rights of workers and the restrictions placed on the exercise of right of residence and transit of the island’s habitants. The restriction of political rights, freedom of expression, and dissemination of ideas have over decades become a permanent situation and a systematic violation of the fundamental rights of Cuban citizens. Finally, the IACHR reiterates that the economic and commercial sanctions imposed by the government produce a grave impact on economic, social and cultural rights of the Cuban community, and urges that they be lifted.
In Ecuador, the institutional fragility of the rule of law continues to be a source of deep concern the Inter-American Commission. The political instability that characterizes this country was illustrated recently when massive social protests prevented an elected President from concluding his constitutional mandate. Various union, social, indigenous, political, and student leaders that headed these protests have suffered acts of violence, harassment and threats. The lack of regular, effective functioning of the Supreme Court of Justice and the Constitutional Tribunal has affected the protection of human rights, and, in particular, the enjoyment of judicial guarantees of the habitants in this country. In this context, the IACHR continues to receive petitions that allege police abuses and acts of corruption that have a particularly effect upon the independence of the Judiciary at every level.
With respect to Haiti, the Commission received information concerning the human rights situation, including impunity, prolonged pre-trial detention, ongoing conditions of insecurity in the capital city Port-au-Prince, and the continued lack of control over security by the Haitian National Police and the United Nations Stabilization Mission in Haiti (MINUSTAH) causing parts of the city to become overrun by armed gangs. The Commission therefore implores the government and the international community to take all urgent measures necessary, consistent with applicable human rights standards, to ensure the security of the population, create conditions conducive to general elections, and assist the people of Haiti in securing a hopeful future.
Nicaragua is facing a serious institutional crisis that was the matter of hearings during these sessions. The State authorities, political leaders and civil society organizations all highlighted the negative effects this political crisis on the effective vigilance of human rights in the country. In particular, the Government and the civil society organizations agreed that the lack of independence and impartiality of the judicial authorities has been exacerbated by the political tensions of the country and the political alignment of the great majority of the magistrates of the Supreme Court of Justice. In these circumstances, the normal development of the electoral processes to be held in 2006 could be affected through the arbitrary exclusion of candidates.
The IACHR received information on the problems of the administration of justice and the penitentiary system in Venezuela, as well as on the acts of violence and persecution against human rights defenders. Additionally, the impunity of cases of extra-judicial execution of Venezuelan peasants were analyzed. On the latter topic, the IACHR is encouraged by the information offered by the State of Venezuela as well as the efforts aimed at comprehensively addressing this grave problem. In another sense, the Inter-American Commission deplores the critical situation of the persons deprived of their liberty. Equally, the IACHR expresses its concern for the effects of criminal law reform upon the exercise the freedom of expression, as well as the effects of the “Law of social responsibility for radio and television.” Finally, the Commission reiterated its interest in carrying out an on-site visit.
The Inter-American Commission deeply regrets the execution of death row inmate Marlin Gray in the state of Missouri, United States, despite the IACHR’s precautionary measures that requested The United states to preserve his life until the Commission could decide upon the merits of the petition presented on his behalf. The failure of a Member State of the OAS to preserve the life of a person sentenced to death while his or her case is under review by the Commission is contrary to the State’s international obligations and undermines the effectiveness of the inter-American system.
During the sessions, the Commission carried out an intense program of activities. As customary, the larger part of its work was dedicated to the study and review of reports on individual petitions and cases pertaining to different countries in the hemisphere. The matters considered include 41 reports dealing with the admissibility stage of the proceedings, 16 concerning the merits stage, 7 on friendly settlement and 2 decisions to archive. During the second of the three weeks of the sessions, the Commission held 55 hearings on individual cases and petitions, and on the human rights situation in the hemisphere, covering general issues or specific subjects pertaining to the mandate of the Commission. Further, the IACHR considered the project for its Annual Report setting forth the work accomplished during 2005, and planned the activities to be carried out throughout 2006.
Before concluding, the Inter-American Commission made a special homage to Commissioners Susana Villarán and José Zalaquett, this being their last regular session. On several opportunities during these three weeks, the IACHR highlighted the active participation and the invaluable contribution made by each of them to strengthen the inter-American system of human rights.
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The IACHR decided to hold its next regular sessions from February 27 to March 17 of 2006. The complete report concerning the 123d period of sessions can be found on its website: www.iachr.org
REPORT ON THE 123d PERIOD OF REGULAR SESSIONS OF THE IACHRANNEX TO PRESS RELEASE 35/05
The Inter-American Commission on Human Rights (IACHR) presents its report on the activities carried out during its 123º period of regular sessions. The Members of the IACHR are Clare K. Roberts, President; Susana Villarán, First Vice President; Paulo Sérgio Pinheiro, Second Vice President; and Commissioners Evelio Fernández Arévalos, José Zalaquett, Freddy Gutiérrez and Florentín Meléndez. The Executive Secretary of the IACHR is Santiago A. Canton
During this period of sessions, the IACHR approved reports on individual cases and petitions. Between October 17 and October 21 of 2005, there were 55 hearings related to individual cases and petitions, to precautionary measures and to general and specific situations on human rights. The presence of the representatives to the member States of the OAS, as well as of those who came personally or as petitioners, is an important contribution to the strengthening of the work towards the protection of human rights of the inhabitants of the hemisphere. The Inter-American Commission values and thanks such assistance and participation. To this respect, the participation of high governmental authorities, including Ministers and Vice-Ministers of State as well as Public Prosecutors and General Attorneys of several States, shall be highlighted a demonstration of their willingness to establish a dialogue with the IACHR and the civil society.
The Inter-American Commission met with Víctor Abramovich, from Argentina, and Paolo Carozza, from the United States, who have been elected as Commissioners during the las ordinary session of the General Assembly of the OAS. The meeting was appropriate in order to exchange ideas with both jurists on the future work of the Inter-American Commission.
Correspondingly, the Inter-American Commission, in an effort to facilitate the access to the Inter-American system and to expedite the processing of individual petitions, officially launched its new on-line form, which can be accessed through the web page: https://www.IACHR.oas.org/IACHR_sistema/instructions.asp?gc_language=S.
I. REPORTS ON INDIVIDUAL PETITIONS AND CASES
The Inter-American Commission continued to study numerous petitions and individual cases in which there are allegations of violations of human rights protected by the American Convention, the American Declaration and other international instruments.
The reports approved by the IACHR reflect some of the current structural problems regarding human rights in the region. They are related to the respect of the right to life and personal integrity, the due process and judicial protection guaranties, the rights of children, of indigenous peoples, of women, and economic, social and cultural rights, among other issues. The reports approved by the Comisión include 30 on admissibility, 11 on inadmissibility, 16 on the merits, 7 on friendly settlement and 2 decisions to archive. Once the parties are notified, the Inter-American Commission shall publish the list of cases in which the decision is of a public nature, and later they will be available on its website.
II. HEARINGS
Between October 17 and October 21, 2005, the IACHR celebrated 55 hearings related to individual cases and petitions, to precautionary measures and to general and specific situations on human rights in several States and regions. The program of this period of sessions was extended in order to include an additional day, since the IACHR received a higher number of requests for hearings of its interest. The hearings referred to individual cases and petitions dealt with questions of admissibility, merits, friendly settlements and follow-up.
All persons who appear during the hearings to deliver testimony or present information must be afforded the necessary guarantees.[1] In this regard, the Commission deplores the situation of risk, persecution and intimidation of some human rights defenders in Venezuela, as well as the climate of hostility faced by civil society organizations, especially when they attend hearings or litigate cases before the inter-American system. Therefore, it calls upon the Venezuelan State to effectively apply OAS General Assembly Resolution AG/RES. 1044 of June 8, 1990, whereby Governments are requested to “grant the necessary guarantees and facilities to enable nongovernmental human rights organizations to continue contributing to the promotion and protection of human rights, and that they respect the freedom and safety of the members of such organizations”.
A. General situation in OAS Member States
The IACHR celebrated hearings on the general situation of human rights in several countries of the region. During the hearings, the IACHR received general information of the situation in Bolivia, Colombia, Cuba, Ecuador, Haiti, Nicaragua and Venezuela.
Regarding Bolivia, the IACHR has been closely following the situation related to the institutional crisis. The positive developments necessary to overcome this crisis should be highlighted and hopefully will be consolidated once the electoral process is concluded. At same time, the IACHR received information regarding political tendencies, inequality and social inequity that continue to affect the stability of the democratic institutions. Of particular concern is the situation of the so-called “captive communities” of the Guarani community in the Bolivian Chaco, who are living in slave-like conditions.
With respect to Colombia, due to the enactment of Law 975 of 2005 known as “Law of Justice and Peace” in the context of the process of demobilization of illegal armed groups, the IACHR formulated a series of general observations on the content of the law in light of the obligations of the State regarding truth, justice, reparation, through a press release issued on July 15, 2005. During the 123° period of sessions, the Commission received information on the process of demobilization, the violations to the cease-fire decreed by the leaders of the AUC and the application of the law by organizations of civil society and the State. A situation as complex, harmful, and prolonged as that in Colombia requires the deactivation of armed persons through mechanisms of negotiation. Therefore, to ensure uninterrupted peace, there must be a guarantee of non-repetition of crimes of international law, human rights violations and serious infractions of international humanitarian law, which must include the investigation and the reparation of the consequences of violence through mechanisms apt to establish the truth of what occurred, administer justice and repair the victims in an integral manner in light of its international obligations pursuant to the American Convention on Human Rights and the Charter of the OAS.
Regarding Cuba, the Commission continued to receive information on situation of human rights, particularly on the conditions of detention of persons deprived of liberty because of their political dissidence; on the violation labor and union rights of workers and the restrictions placed on the exercise of right of residence and transit of the island’s habitants. The restriction of political rights, freedom of expression, and dissemination of ideas have over decades become a permanent situation and a systematic violation of the fundamental rights of Cuban citizens. Finally, the IACHR reiterates that the economic and commercial sanctions imposed by the government produce a grave impact on economic, social and cultural rights of the Cuban community, and urges that they be lifted.
In Ecuador, the institutional fragility of the rule of law continues to be a source of deep concern the Inter-American Commission. The political instability that characterizes this country was illustrated recently when massive social protests prevented an elected President from concluding his constitutional mandate. Various union, social, indigenous, political, and student leaders that headed these protests have suffered acts of violence, harassment and threats. The lack of regular, effective functioning of the Supreme Court of Justice and the Constitutional Tribunal has affected the protection of human rights, and, in particular, the enjoyment of judicial guarantees of the habitants in this country. In this context, the IACHR continues to receive petitions that allege police abuses and acts of corruption that have a particularly effect upon the independence of the Judiciary at every level.
With respect to Haiti, the Commission received information concerning the human rights situation, including impunity, prolonged pre-trial detention, ongoing conditions of insecurity in the capital city Port-au-Prince, and the continued lack of control over security by the Haitian National Police and the United Nations Stabilization Mission in Haiti (MINUSTAH) causing parts of the city to become overrun by armed gangs. The Commission therefore implores the government and the international community to take all urgent measures necessary, consistent with applicable human rights standards, to ensure the security of the population, create conditions conducive to general elections, and assist the people of Haiti in securing a hopeful future. Nicaragua is facing a serious institutional crisis that was the matter of hearings during these sessions. The State authorities, political leaders and civil society organizations all highlighted the negative effects this political crisis on the effective vigilance of human rights in the country. In particular, the Government and the civil society organizations agreed that the lack of independence and impartiality of the judicial authorities has been exacerbated by the political tensions of the country and the political alignment of the great majority of the magistrates of the Supreme Court of Justice. In these circumstances, the normal development of the electoral processes to be held in 2006 could be affected through the arbitrary exclusion of candidates.
The IACHR received information on the problems of the administration of justice and the penitentiary system in Venezuela, as well as on the acts of violence and persecution against human rights defenders. Additionally, the impunity of cases of extra-judicial execution of Venezuelan peasants were analyzed. On the latter topic, the IACHR is encouraged by the information offered by the State of Venezuela as well as the efforts aimed at comprehensively addressing this grave problem. In another sense, the Inter-American Commission deplores the critical situation of the persons deprived of their liberty. Equally, the IACHR expresses its concern for the effects of criminal law reform upon the exercise the freedom of expression, as well as the effects of the “Law of social responsibility for radio and television.” Finally, the Commission reiterated its interest in carrying out an on-site visit.
B. Other General Hearings
The IACHR received information referring to human rights in Chile, in particular relating to the situation of the people deprived of liberty in that country. It also celebrated hearings about the situation in Brazil, particularly related to the enforceability of civil and political rights and to violence and impunity in the states of Ceará and Pará.
The IACHR also received information to follow up the recommendations of the Commission for Truth and Reconciliation in Peru (CVR for its name in Spanish). The Inter-American Commission reaffirms the importance of their full implementation. Similarly, it received with interest information on the situation of the Peruvian judicial system and the efforts of the State to criminally prosecute people accused of acts of corruption.
C. Thematic Hearings
The program developed by the Inter-American Commission included several hearings regarding specific topics in its mandate, or in order to analyze the situation of the rights of people who belong to a specific group. The IACHR was informed on the situation affecting several domestic employees working for diplomatic and international officials, particularly in reference to their inability to have a legal resource to complain for the abuses committed by their employers, who are protected by immunity rules.
The situation of urban safety as well as police abuses continues to be one of the main issues presented to the Inter-American Commission, as their solution remains pending. In a very positive hearing, the IAHCR received a detailed analysis about urban safety in the countries of the Americas and was requested to prepare a special report on the matter. The problem of the “maras” (gangs) in Hondurans and El Salvador was considered during several hearings, in which the Inter-American Commission highlighted the obligation of the State to respect the fundamental rights in the frame of a fight against criminality. Information was also received on the impunity of acts of torture against afro-descendents in the city of Chicago, United States.
The rights of indigenous peoples were treated in thematic hearings in this period of sessions. Particularly regarding Bolivia, the IACHR received information on the situation of the members of the so-called “captive communities” (comunidades cautivas), who live in conditions similar to those of slavery in the departments of Santa Cruz, Chuquisaca and Tarija. The Commission finds the continuation of this situation deplorable and invites the State of Bolivia to take immediate and categorical actions in order to combat this practice of exploitation and to procure that the people affected are granted identity documents and public assistance that allows them to effectively exercise their civil rights. Similarly, the IACHR had hearings related to individual cases of members of indigenous peoples in Argentina, Colombia, Ecuador and Mexico.
During its period of sessions, the IACHR received information on the state of protection of the right of women to access adequate health services as well as the latest developments in the international jurisprudence on this issue. The IACHR was informed of failures and discrimination in the protection of several sexual and reproductive rights of women, including the right to voluntary and safe motherhood and the rights of pregnant women with HIV/AIDS in Chile.
The IACHR celebrated a hearing on the determination of the location of children who disappeared during the armed conflict in El Salvador, situation that is still pending resolution. During a hearing relating to the legal framework on the physical punishment to children in Latin America, the IACHR was requested to require the Inter-American Court an advisory opinion regarding this issue. During a hearing regarding an individual case, the Commission analyzed the rights of minors condemned to life imprisonment in Argentina. It also received information regarding children who live in the streets of Paraguay.
The critical situation of people deprived of liberty in the Americas was a persistent topic in several hearings on human rights in several States. The IACHR also celebrated a hearing on the situation of persons deprived of liberty in the prisons of Mendoza, Argentina.
The Commission further received information on the growing problem of trafficking in persons in the hemisphere and the lack of adequate legislation or the inexistence of a typification of such a crime in the majority of member States. In that sense, the Commission urges the States to develop comprehensive policies and norms in order to prevent and punish the trafficking in persons.
During the current period of sessions, there were several sessions on the situation of freedom of expression in Panama and Venezuela. Regarding the situation in Panama, the IACHR received information regarding the legislative developments during the government of the current President of the Republic, Martin Torrijos. However, the IACHR was informed about judicial decisions based on the civil and criminal legislation still in force, which is apparently being used in order to intimidate journalists. Regarding the situation of the right to freedom of expression in Venezuela, the IACHR was informed about the effects for the exercise to liberty of expression produced by the reforms to the criminal legislation, such as the well-known “law of social responsibility for radio and television”.
Similiarly, during the hearings the IACHR considered the situation of human rights defenders from a regional point of view, and particularly regarding some countries. Regarding the situation in Central America, the Commission received the conclusions of the First Central-American Consultation on Human Rights Defenders, which took place last August. The conclusions of this Consultation point out that, during the course of the last year, defenders have faced an increase in the defamation as a form of intimidation and delegitimization of their work and there has been an increase in the threats, intimidations, and assassinations against defenders in Central America. The Commission was also informed on about the problems that impede or affect the efforts to defend human rights defenders in the regions, problems that range from threats and assassinations to undue restrictions and other forms of harassment. The Commission is concerned about the increase of denunciations regarding the existence of abusive financial and administrative controls, which hinder the free development of the activities of defenders.
With regards to the situation of Afro-descendants, the Commission received in a hearing Minister Matilde Ribeiro, in charge of the Secretariat for the Promotion of Racial Equality of Brazil, who informed of the important efforts deployed by her government in affirmative action. The Commission also heard with preoccupation the information regarding the situation of Haitian and Dominico-Hatian communities in the Dominican Republic, as well as the negative reaction to the decision of the Inter-American Court in the Jean and Bosico Case. Further, testimony was received in a case about the situation of traditional property in the Garífuna indigenous community in Honduras.
B. Hearings on Cases and Petitions
· P1231/04 – Detainees in the Mendoza Penitentiary, Argentina · P270/02 – Minors condemned to life sentences, Argentina · Case 12.094 – Lhaka Honhat, Argentina · P554/04 – John Doe 1, 2 y 3, Canadá · Case 12.433 – Sonia Arce Esparza, Chile · P866/03 – Wilmar A. Muñoz Muñoz and other petitions, Colombia · Case 11.999 – Medardo Ducuara Leito, Colombia · Case 12.491 – Gustavo Sastoque Alfonso, Colombia · Case 12.477 – Lorenzo Enrique Copello Castillo and others, Cuba · Case 12.465 – Sarayaku Indigenous Community, Ecuador · Case 11.481 – Monseñor Romero, El Salvador · P960/03 – Garífuna Community of Triunfo de la Cruz, Honduras · Case 11.564 – Gilberto Jiménez Hernández and others (La Grandeza), México · P703-05 – Mark Teeluck, Trinidad and Tobago · Follow up of Report 29/92, Uruguay · P997/03 – Alicia Barbani Duarte and others (Banco de Montevideo), Uruguay · P1109/04 – Jorge, José and Dante Peirano, Uruguay
C. Hearings on Precautionary Measures
· MC 792/04 – 108 detainees in Palo Gordo, Girón, Colombia · MC 265/02 – Embera Chamí Indigenous Peoples, Colombia · MC 01/00 – Hollman Morris and family, Colombia · MC 259/02 – Detainees in the Guantanamo Naval Base
III. WORKING MEETINGS
The working meeting relating to the case of the attack on the AMIA (Asociación Mutual Israelita Argentina) in Argentina warrants a special mention. The purpose of the meeting was to facilitate the process of friendly settlement initiated after the State’s recognition of responsibility during the 122nd period of sessions in March of this year. In this meeting the IACHR received information on important advances, among them relating to the draft project of reform of the Intelligence Law (Ley de Inteligencia), and different proceedings undertaken with the aim of advancing in the investigation. The petitioners highlighted their preoccupation with the passage of time since the attack in 1994 and the negative consequences for the investigation and eventual finding of the truth of the facts, particularly taking into account the statute of limitations that would apply in the domestic jurisdiction.
Furthermore, the Inter-American Commission recognizes the important advances in the process of finding a friendly settlement in the petition presented by Nelson Caravajal Caravajal. During the working meeting, the petitioners (the Inter-American Press Society) and the Colombian State agreed to initiate friendly settlement proceedings. The IACHR acknowledges the agreement between both parties and has offered to follow up in the process through the Special Rapporteurship on Freedom of Expression.
In that sense, the Commission expresses its satisfaction over information indicating that in the settlement reached before the IACHR between the State and the representatives in petition 667/01 Jesús Manuel Naranjo Cárdenas and others (Pensioners of the Venezuelan Aviation Company VIASA) the pensions and the moral and material damages were paid to the VIASA pensioners. The Commission is hopeful that the State will continue its efforts directed to fully comply with the commitments undertaken that include, among other aspects, the recognition of responsibility and the enactment of a legal mechanism of that would allow the victims and survivors the payment of their pensions. The Executive Secretary, Santiago A. Canton, also participated in a working group with human rights defenders, which was attended by various representatives of civil society in the Americas. The matters addressed included various problems that prevent or affect efforts to defend human rights in the region, from threats and assassinations to undue restrictions and other forms of intimidation.
The Inter-American Commission urges all Member States to comply in good faith with the recommendations of its reports on individual cases, according to their freely undertaken international obligations.
IV. FOLLOW-UP OF IACHR RECOMMENDATIONS
The adequate compliance with decisions by the Inter-American Commission constitutes a central element in order to ensure the true enjoyment of human rights in the OAS Member States and contributes to the strengthening of the Inter-American system of protection of human rights. During the current period of sessions, the Inter-American Commission conducted several hearings and working meetings referred to the follow-up and compliance of its recommendations in individual cases.
With regard to the follow-up of recommendations, it should be mentioned that the IACHR conducted an information hearing concerning Case 11.481 of Monsignor Oscar Arnulfo Romero and Galdamez (El Salvador). In that hearing, the Commission observed that the recommendations regarding a full, impartial and effective investigation of the material and intellectual authors of the assassination of Monsignor Romero is still pending. Further, the IACHR noted that the Salvadorian State has not fulfilled its obligation to adequately compensate the victims and to modify its domestic legislation to render inapplicable the General Amnesty Law. Finally, the IACHR called on the State to deploy all efforts tending to fully comply with the recommendations in this case.
The Inter-American Commission, with the presence of the Uruguayan State and the respective petitioners, analyzed compliance with the recommendations of its Report 29/92 regarding the Uruguayan Law of Termination of Criminal persecution (Ley de Caducidad de la Pretensión Punitiva). The IACHR was informed of different initiatives of the Government of President Tabaré Vásquez related to the search for people that disappeared in Uruguay during the military dictatorship. For their part, the petitioners alluded to the situation of impunity that surrounds several cases of gross human rights violations that were committed during that time, because the State has not rendered inapplicable the Law of Termination, as was recommended by the Inter-American Commission in said report.
Furthermore, the IACHR invited the Mexican State to two working meetings referred to the follow-up of its recommendations of Report 53/01 regarding Case 11.565 – González Pérez Sisters; and in Report 43/96 about Case 11.430 – General Gallardo. In the meeting regarding Report 53/01 the Inter-American Commission verified, with the parties present, that the recommendations regarding a full, impartial and effective investigation to determine the responsibility of all the authors of human rights violations against Ana, Beatriz and Celia González Pérez, in the ordinary criminal jurisdiction of Mexico is still pending, as are the respective reparations. As regards to the case of General Gallardo, the IACHR regrets that the Mexican State decided to be absent from the meeting, despite being duly notified of it, as the recommendations on the sentencing of those responsible and the just compensation of the victim are also pending.
V. RAPPORTEURSHIPS The Rapporteur for Afro-Descendents undertook a working visit to Brazil. The visit was in response to an official invitation of the Government of the Federal Republic of Brazil. During this visit, the Special Rapporteur participated in the First National Conference of Promotion of Racial Equality and met with authorities and different representatives of civil society, particularly the Brazilian Black Social Movement. The Special Rapporteur was in the Brazilian capital city, in Salvador and in São Paulo. In this trip, Commissioner Roberts was informed of the extensive changes that the Government of President Luiz Inacio Da Silva is undertaking in the area of promotion of racial equality. The Rapporteur had the opportunity to express to the Brazilian authorities his gratefulness for the decisive support that they have given the Rapporteurship, particularly through Secretary Matilde Ribeiro. During the month of August 2005, the Rapporteur participated in the creation of the Black Parliament of the Americas in San José de Costa Rica. During the current period of sessions, the Special Rapporteur made a presentation to the Working Group, of the Legal and Political Affairs Commission of the Permanent Council of the OAS, in charge of the drafting of a new Inter-American Convention against Racial Discrimination. In his presentation, Commissioner Roberts highlighted the importance that the Convention will have for a more effective fight against discrimination in the hemisphere. The Rapporteurship acts as a technical advisor to said Working Group. Also during the sessions, the Rapporteur made a presentation to the Inter-agency Consultation about Race in Latin America, which, in addition to the IACHR, includes the World Bank, the Inter-American Development Bank, the Department of International Development of the British Government, the Pan-American Health Organization, the Ford Foundation, and the Inter-American Foundation, as well as the Inter-American Dialogue, which serves as the secretariat of the IAC. On this occasion, the Commission also announced the open call for a fellowship destined to an Afro-descendent lawyer, to work for one year with the Rapporteurship.
B. Migrant Workers and Members of Their Families
The Rapporteurship continued observing the political and economic development, including the natural disasters that had repercussions regarding the issue of migration in the region. As it was seen during the last year, the Rapporteurship continued participating in the discussion and elaboration of the Inter-American Programme for the Promotion and Protection of the Human Rights of Migrants, in the ambit of the working Group created by the Committee on Judicial and Political Matters of the Permanent council of the OAS. The Rapporteurship provided technical advice on the theme of human rights in the process of negotiating the Programme. At the same time, during the year, the Commission has received worrying information on the increasing problem of the trafficking of people in the hemisphere, and the lack of adequate legislation or the inexistence of the classification of the crime in the majority of the member states. Likewise, the commission urges the states to develop, from a perspective of respect for human rights, comprehensive policies and guiding norms to prevent and sanction the trafficking of people.
C. Persons Deprived of Liberty
Since the previous session of sessions, the Special Rapporteur on the Rights of Persons Deprived of Liberty carried out diverse activities of promotion, observation and providing advice. In the capacity of exercising their functions of promotion, Commissioner Rapporteur Florentin Melendez participated in the seminar organized by the Association for the Prevention of Torture (APT), the Center for Justice and International Law (CEJIL), and the Teotonio Vilela Commission on the “Optional Protocol to the Convention Against Torture: Implementation in Brazil and other federal states and decentralization”, that took place from 22-24 of June, 2005 in Sao Pablo, Brazil. At the same time, together with the Secretary of Human Rights from the Minister of Justice in Argentina, he sponsored and participated in the “Workshop on the Best Practices in the Juvenile Criminal Justice”, held in the month of September in Buenos Aires. In the same month, participated in the seminar “constructing justice of restitution in Latin America”, that concluded in San Jose, Costa Rica, with the sponsorship from the Latin-American Institute of the United Nations for the Prevention of Crime and the Treatment of Delinquents (ILANUD) and the Brotherhood of International Prisons. On the other hand, the Special Rapporteur prepared a project of the Declaration of Principles on the Treatment of Persons deprived of Liberty in the Americas that was submitted for consideration to the IACHR during its 123rd period of sessions. In the process of preparation,
D. Women
During the current year, the Rapporteurship on women’s rights has ended the process of collecting information on access to justice for women, which will be presented in a report on this theme, and which will include an analysis of the most important achievements and challenges, as well as concrete recommendations for the member states of the OAS. This consultation process, made possible thanks to the generous support from the Government of Finland, has included the different sectors of the government, civil society, regional and international organizations, the academic sector, among others. The finished activities have included the circulation of a questionnaire to governments and experts from the different sectors, in order to request quantitative and qualitative, including the organizing of five regional and sub-regional consultations with specialists on the matter in Washington D.C., Peru, Costa Rica, Argentina and Jamaica. In addition, the Rapporteurship organized an on-site visit to the Republic of Colombia with the intention of evaluating the impact of the armed conflict on women and children of Colombia and to request information on the legislative, political and institutional measures adopted by the State for the purpose of protecting the rights of women. During its stay, the Rapporteurship visited the cities of Bogotá, Valledupar and Quibdó, where it held meetings with governmental authorities, as well as the victims, their families, civil society, and inter-governmental agencies related to the defense and promotion of the rights of women. Finally, last Monday, October 24, the Rapporteur for Women, Susana Villarán, participated in a panel organized by the World Bank on the relation between violence against women and equitable development, together with the Rapporteur from the United Nations on Violence Against Women, its Causes and Consequences, Yakin Ertürk and the President of the World Bank, Paul Wolfowitz.
E. Indigenous Peoples
The Rapporteurship on the rights of indigenous peoples has continued collaborating in the processing of petitions regarding this matter, and has also participated in visits to Guatemala, Colombia and Mexico. Likewise, it has continued giving advice to the President of the Working Group in charge of the elaboration of the Draft American Declaration on the Rights of Indigenous Peoples. In this regard, the Inter-American Commission reiterates its acknowledgement of the efforts by the member states of the OAS, and the representatives of the indigenous people in the continent, in the process of negotiation of the project, and celebrates the achievements attained. At the same time, the IACHR urges the adoption of the declaration, as an important instrument that will enrich the Inter-American normative discourse on human rights, and the regional system of protection itself, and will contribute to the strengthening of democracies in our countries. Finally, it is important to highlight the fact that in the past years, the Inter-American System of Human Rights has developed a line of progressive jurisprudence through its decisions, giving shape to the diverse collective rights of indigenous peoples, and establishing special methods for reparations in cases where the victims is an indigenous person.
F. Children The Rapporteurship for Children’s rights participated actively in the diverse hearings related to the rights of children that were held in the current period of sessions. In the hearing on the corporal punishment of children, the Rapporteur for Children received with interest the advice of the petitioners, a matter that the IACHR is considering the possibility of soliciting from the Inter-American Human Rights Court for a consultative opinion. In the current period of session, the Rapporteur for Children informed the IACHR of the visit that it will carry out in the near future with UNICEF to Haiti, and mentioned possible visits to the Dominican Republic and Paraguay within a short time-frame.
G. Freedom Of Expression
The Special Rapporteur for Freedom of Expression, under the supervision of Dr. Eduardo Bertoni, is a permanent office, with a functional independence and its own budget, created by the IACHR, and operating through a judicial frame of the Commission. During the current period of sessions, the Rapporteur informed the IACHR regarding the questions inherent to its mandate, highlighting the progresses of abolishing laws of contempt in some countries, the advances with respect to access to public information, and the worry for the persistence of acts of violence against journalists especially in Brazil, Colombia, Haiti and Mexico. On the other hand, the Rapporteurship conducted an intense activity of promotion since the last period of sessions of the IACHR, participating in events in Belize, Canada, Chile, Colombia, Guatemala, Mexico and Uruguay. At the same time, the Rapporteurship, during the month of August, organized a seminar targeting the journalists in the Caribbean region; the event took place in Antigua and Barbuda and is framed in a project to promote the standards of Inter-American System in this region of the Americas. Within the framework of the same project, the Rapporteurship granted, after a process of selection, two fellowships to journalists from the Caribbean, who will be involved with the activities of the office for two months. The result of this visit will be published in September in the report titled “Impunity, auto-censorship and armed conflict in Colombia” (OEA/Ser.L/V/II Doc.51).
H. Human Rights Defenders
The work that the defenders perform is fundamental for ensuring the full recognition of the basic rights of each person. During this period of sessions, the Inter-American Commission held a meeting with the representatives of various organizations that gave information on the situation of defenders of human rights in the hemisphere. Equally, the Unit for Human Rights Defenders held informal meetings with the representatives of organizations from the large number of countries in the hemisphere, in which it received current information concerning the situation of human rights defenders. In particular, the Inter-American Commission received information on the actions that impede upon or make difficult its work, and in some cases, increase the risks for which they are already victims, such as the increase in public discussions that discredit the work that they do. In addition, the IACHR received information on the restrictions on the work of the defenders of human rights through the creation of norms that restrict - and in some cases penalizes-the financing of the organizations with international funds. The Commission also received complaints from different countries in which the various defenders had been subject of being singled-out publicly, as well as continued threats, for their participation in the sessions and hearings before the organs of protection in the Inter-American system. The Commission urges Member States, in compliance with the Resolution AG/RES. 2067 (XXXV-O/05) approved in the General Assembly on June 7, 2005, to support the work developed by the defenders of human rights and to recognize the value of their contribution in the promotion, respect and protection of human rights, as well as fundamental freedoms.
VI. WORK BEFORE THE INTER-AMERICAN COURT
The Commission considered the general state of cases that were litigation before the Inter-American Court of Human Rights, before which this body has the conventional mandate to intervene in all the cases and matters. The IACHR also discussed some themes of a general character with respect to the procedural aspects and analyzed the advances in the jurisprudence of the Inter-American Court. Presently, there are 19 cases before the Inter-American Court, while 56 cases are at the stage of supervision for compliance. At the same time, there are 35 cases of provisional measures with respect to various countries before the Court.
A. Contentious Cases
From the previous ordinary period of sessions of the Inter-American Commission, four new cases were submitted to the contentious jurisdiction of the Court:
- Gerardo Vargas Areco (Paraguay) - Goiburú, Mancuello and Villalba (Paraguay) - Claude Reyes and others (Chile) - Almonacid Arellano (Chile)
B. Sessions of the Court
During the XXVI extraordinary Session of the Inter-American Court of Human Rights, which was held in May, 2005, in Asuncion, Paraguay, the IACHR was represented at the Court hearings and presented its final oral arguments in the Palamara Iribarne Case against Chile, and Garcia Asto and Ramirez Rojas against Peru. In the same Session, the Commission appeared before the Court to submit its observations regarding Provisional Measures dealing with the situation of two prison facilities in Mendoza, Argentina; and the situation of the member of the indigenous peoples of the Sarayaku Community, in Ecuador.
On June, 2005, the LXVII Regular Period of Sessions of the Court, the Inter-American Commission was present at the public hearing on merits and reparations in the case Blanco Romero et al (Disappeared persons in Vargas state) against Venezuela. The Commission also presented experts and witnesses in this hearing. The following day, the IACHR presented evidence and oral arguments within the case Lopez Alvarez vs. Honduras, and its observations regarding precautionary measures adopted by the Inter-American Court in the case Eloisa Barrios et al. vs. Venezuela.
On September, 2005, during the LXVIII Regular Period of Sessions of the Court, the Commission presented experts and witnesses, and cross-examined witnesses presented by other parties, in the Pueblo Bello (Colombia); SITRAMUN (Peru); and La Granja y el Aro (Colombia) Cases. At these hearings, the Commission submitted oral arguments and responded to the questions raised by members of the Court.
VII. WORKSHOP ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
In compliance with its mandate expressed in Resolution AG/RES. 2074 (XXXV-0/05) of the General Assembly, the Inter-American Commission has continued its reflections regarding the best strategies for an effective work in the protection of economic, social and cultural rights. With this motive, it developed through a series of sessions a workshop on the topic, in which international experts, representatives of member states of the OAS that work in the Working Group in charge of crafting a proposal regarding the Social Letter of the Americas, and the representatives of the civil society were present. The panel of experts included Philippe Texier, member of the Committee for Economic, Social and Cultural Rights of the United Nations, Roberto Cuellar, Director of the Inter-American Institute of Human Rights; and Audrey Chapman, Director of the Programme for Human Rights of the American Association for the Advancement of Science. The special and active participation of the Commissioners elect, Victor Abramovich and Paolo Carozza in the said workshop should be highlighted.
VIII. REGIONAL COURSE ON THE INTER-AMERICANSYSTEM OF HUMAN RIGHTS
As part of its functions of promotion of human rights, the IACHR decided to sponsor, together with the International Service of Human Rights and the Faculty of Law of the American University (Washington College of Law) a training course for the members of the civil society organizations. Sixteen human rights defenders from 10 Member States of the OAS participated in this course. The course represents a continuation of a similar event convened in March 2005 with the Inter-American Court and the Inter-American Institute of Human Rights.
IX. FINANCIAL SITUATION
The Inter-American Commission continues to be adversely affected by the severe financial crisis of the OAS. The fundamental problem faced by the OAS is that of insufficient human and budgetary resources, which is heightened by the increasing amount of petitions and additional mandates.
Once again this year, the IACHR was left with insufficient funds in order to hold its second period of sessions. As a consequence, it was required to solicit from the political organs of the OAS, through the intermediation of the General Secretary, the assignment of additional resources, which were provided shortly before the commencement of the session. The Inter-American commission is conscious of the financial crisis that the OAS is experiencing. Nevertheless, the percentage of the regular budget of the organization assigned to the IACHR is 3.8%. The amount forecasted in the annual budgetary program of the organization does not correspond to the actual needs of the Inter-American Commission of Human Rights. In light of this situation, the Inter-American Commission appeals for a prompt solution to the unsustainable situation that it faces.
In this context, the Inter-American Commission emphasizes and thanks once again the important financial support from the governments of Argentina, Brazil, Colombia, Costa Rica, Spain, United States, Finland, Italy, Mexico, and Switzerland; equally, the resources contributed by the Inter-American Bank of Development, the European Commission, the Ford Foundation, the McCormick Foundation and the University of Notre Dame should be mentioned. This support contributes concretely to the strengthening of the Inter-American System of Human Rights in the American hemisphere.
Washington, D.C., October 28, 2005 [1] Article 61 of the Rules of Procedure of the Inter-American reads as follows: The State in question shall grant the necessary guarantees to all the persons who attend a hearing or who in the course of a hearing provide information, testimony or evidence of any type to the Commission. That State may not prosecute the witnesses or experts, or carry out reprisals against them or their family members because of their statements or expert opinions given before the Commission.
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