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ADDRESS BY DR. JUAN E. MÉNDEZ, PRESIDENT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, UPON PRESENTING THE IACHR ANNUAL REPORT FOR 2001 TO THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS OF
THE PERMANENT COUNCIL OF THE OAS April 30, 2002
Mr. Chairman of the Committee on Juridical and Political Affairs,
distinguished representatives of OAS member states and observers, esteemed
colleagues, ladies and gentlemen:
As Chairman of the Inter-American Commission on Human Rights, it is
my pleasure to present to the Committee on Juridical and Political Affairs
of the Permanent Council the 2001 Annual Report of the Commission. It is also our pleasure to have with us IACHR Executive
Secretary Dr. Santiago Canton and professional staff from our secretariat.
The report being submitted to the Committee on Juridical and
Political Affairs today was approved by the IACHR during its 114th
regular session held during February and March of this year. The document
was prepared in accordance with the guidelines set out in General Assembly
resolution AG/RES. 331 (VIII-O/78) and with the provisions of Article 57
of the IACHR rules of procedure.
This report covers the activities carried out by the Commission
under the Chairmanship of Dean Claudio Grossman. I would like to mention
that during this period the IACHR named Dr. Santiago Canton to the
post of Executive Secretary to replace Ambassador Jorge E. Taiana who left
us after five years of fruitful leadership. Our Assistant Executive
Secretary, Dr. David Padilla, also left us in 2001 after a long and
distinguished career of service to the IACHR. Human Rights in 2001
In the course of 2001, the world was witness to terrorist attacks
against civilian populations of unprecedented scope and with dramatic
consequences for all. The September 11th attacks on the Twin
Towers in New York and the Pentagon in Washington, DC – condemned by
both the OAS and the IACHR – and consequent threats to the population in
general have spurred open debate on what measures need to be taken to
combat this scourge and what means are most appropriate for the
investigation, prosecution and punishment of those who commit such
international crimes.
The IACHR recognizes that states have the right and duty to protect
their people and institutions against such attacks. The American
Convention on Human Rights and other similar instruments set out
procedures for the implementation, within the framework of the rule of
law, of urgent measures in response to a serious threat to public order.
Such measures must be put in place in such a way as to guarantee full
respect for the basic, inalienable rights enshrined in international law.
Today’s altered context certainly presents a new challenge to OAS member
states. They must find a way to balance their responsibility to protect
the civilian population from the threat and consequences of acts of
violence with their duty to administer justice with all due guarantees and
to shield their people from arbitrariness. In a resolution adopted on 12
December 2001, the IACHR announced that it would be willing to prepare a
report on terrorism and human Rights with the purpose of helping member
states to design legislative and other responses to violence and the
threat of terrorism that would take into account respect for standards set
by international law. As part of the process of preparing that study, the
Commission has invited the governments of member states and a number of
NGOs to submit any information that they deem pertinent, as well as
written comments and suggestions on the subject matter to be considered by
the Commission. During its 114th regular session, the
Commission convened a special public hearing on human rights and
terrorism. This event provided the IACHR with the opportunity to listen to
various experts address the very questions that will be tackled in the
study, which is scheduled to be completed in the next few months.
When talking about the primacy of the rule of law, it would be
appropriate to mention the Inter-American Democratic Charter adopted by
the OAS General Assembly in its 28th Special Session in Lima.
The Democratic Charter was invoked during the recent failed coup attempt
in Venezuela, showing both its usefulness and our region’s collective
commitment to institutional order. The Commission once again expresses its
readiness to work with the OAS on the common task of strengthening
democracy, the only form of government under which human rights can
flourish.
In the Inter-American Democratic Charter, member states acknowledge
that poverty and low levels of human development affect the consolidation
of democracy. They have thus made a common commitment to meet the
challenge of development by stressing “the importance of maintaining
macroeconomic equilibria and the obligation to strengthen social cohesion
and democracy.” The Commission, however, must note with concern that
during the period covered by this report, the region has been witness to
socio-economic crises that have had an impact on political and
institutional stability. Such situations can affect the continuity of
state institutions and the rule of law. They thus pose a threat to
people’s basic rights and delay the stability necessary to the
sustainable social, economic and cultural development that our peoples
need.
Both individually and cooperatively, member states should implement
measures designed to overcome the social, racial and ethnic
marginalization that afflicts our peoples and to assure them decent living
conditions, equal opportunity and participation in the decision-making
process. These should be the core goals for the integral development of
the inhabitants and societies of the Americas. As member states have said
in the Democratic Charter, the elimination of gender, ethnic, racial,
cultural and religious discrimination and of all forms of intolerance will
contribute to strengthening democracy and citizen participation (Article
9). The IACHR has always maintained that states should safeguard and
promote the development of vulnerable groups, especially children, women,
indigenous peoples, communities with roots in Africa living in various
parts of the region, and migrant workers and members of their families.
Member states can move in this direction by creating and/or strengthening
legal and institutional mechanisms to combat discrimination, with due
consideration for parameters now existing in our system. In
2001 women and girl children continued to suffer from gender-based
discrimination and violence. The Inter-American Convention on the
Prevention, Punishment and Eradication of Violence Against Women
(“Convention of Belem do Pará) recognizes that violence against women,
as a manifestation of gender-based discrimination, is often carried out
within the household and family as well as in the community in general.
Moreover, it is frequently perpetrated by agents of the state itself.
Regional standards oblige states to exercise due diligence to prevent
gender-based discrimination and violence, to punish those guilty of it and
to take measure to eradicate it once and for all. The
report I am presenting today offers an update on the work of the
Rapporteurship on the Rights of Women. The section covers Special
Rapporteur Commissioner Marta Aguirre’s first on-site visit, made in
February 2002 to Ciudad Juárez, Mexico to examine the situation facing
women there. This visit was organized after information and expressions of
concern were received from representatives of civil society, and thanks to
an invitation extended by the government of President Vicente Fox. During
the visit special attention was given to the serious situation of violence
against women in the area. In
the section on promotion and cooperation activities, special attention is
given to a meeting of the three Special Rapporteurs on Women (UN, African
Commission on Human and People’s Rights and IACHR) and the joint
declaration they issued on International Women’s Day (8 March 2002) in
Montreal, urging states to work harder to eradicate gender-based
discrimination and violence, and assure that the perpetrators of such
violence are investigated, prosecuted and punished. The report also
provides a summary on recent jurisprudence and its contribution to
safeguarding the rights of women. Both
the Commission and the political bodies of the OAS have given due
attention to and expressed concern for the individuals who work to defend
human rights throughout the Americas. In accordance with the collective
commitment embodied in various GA resolutions, member states have the
obligation to take measures to safeguard the lives, safety, and freedoms
of expression and association of those who defend the basic rights of all.
The Commission has repeatedly expressed concern for acts of intimidation,
disappearance, assault and murder perpetrated against persons and
organizations engaged in the defense of human rights.
In line with the mandate given to the IACHR by resolution AG/RES.
1818 to prepare a comprehensive study on the situation of human rights
defenders in the Americas, on 7 December 2001 the Executive Secretariat
established the “Human Rights Defenders Functional Unit.” This unit
will be in charge of collecting information on the plight of human rights
defenders in the Americas, maintaining contact with governmental and
non-governmental organizations, and coordinating the Secretariat’s work
in this area. This initiative should contribute to more comprehensive
knowledge of the situation and to mechanisms to help the OAS work more
effectively and with greater coordination. In 2001 individuals for whom
protection had been requested from the Commission and the Inter-American
Court suffered attacks, some of which were mortal. Human rights defenders
and the organizations for which many of them work play a crucial role in
litigation of human rights cases and in the process of civil society
scrutiny of democratic institutions. The Commission calls for full
protection of the work they do. Respect
for the individual and collective rights of the approximately 40 million
people that compose some 400 indigenous groups in the Americas subsists as
a historic, geographic, cultural and social challenge to member states.
Our indigenous people are frequently the victims of extreme poverty and
their basic rights are often violated both within and outside of their
communities. The
IACHR would once again like to urge member states to hasten approval of
the American Declaration on the Rights of Indigenous Peoples, which will
contribute to compliance with the obligations we have to the indigenous
people and communities of the region. The Commission would also like to
point out that in its 2001 ruling on a case that involved the
dispossession of natural resources belonging to an indigenous community,
the Inter-American Court recognized for the first time the collective
right to ancestral lands, natural resources and environment. The Court
said that the mere existence of indigenous people confers on them the
right to live on their own land. It went on to add that the close
relationship of indigenous peoples with the land should be recognized and
understood as the foundation of their culture, spiritual life, integrity
and economic survival. During
2001 the IACHR Special Rapporteurship on the Rights of Indigenous Peoples
continued to monitor the situation in the region. Its efforts have been
aided by the work of the Danish Program for Human Rights in Central
America (PRODECA). The Rapporteurship has been attentive to the more than
40 petitions and cases now before the IACHR bearing on the rights of
indigenous peoples. It also acts as a consultant to the OAS Working Group
charged with drafting the American Declaration on the Rights of Indigenous
Peoples. The Commission attaches great importance to the progress made, as
seen in the incorporation of mechanisms for the participation of
indigenous peoples and in acceptance of the concept of indigenous
“peoples” rather than “populations.” Members
of communities with roots in Africa living in some parts of our region are
among those most affected by poverty and abject poverty. They also suffer
from marginalization, discrimination and violence. Moreover, they often
face the consequences of not being titleholders of the land they live on.
This situation is of grave concern to the Commission. In addition to
monitoring the situation of the members of such communities in all member
states, the IACHR has undertaken a general study on the human rights
situation of people descended from Africans and now living in the
Americas. In order to better orient its work, the Commission is in the
process of diagnosing the situation of such communities. In the next few
months a questionnaire will be sent out to members states. In
recent years the situation of migrant workers and members of their
families has become one of the most significant human rights matters in
the world. In consequence, the Commission considers it urgent that OAS
member states introduce domestic legislation to promote respect for and
safeguard the basic rights of migrant workers and members of their
families, in compliance with relevant international standards. For its
part the Commission makes annual progress reports focusing on certain
aspects of the situation facing migrant workers in the Americas. It was
decided that this was the best way to approach the question as it would be
impossible for the Special Rapporteurship on Migrant Workers to present a
unified report on a complex subject so vast in scope. Moreover, the
rapporteurship has scant resources at is disposal. In
Chapter VI of this year’s report various aspects of migration are
examined from a human rights perspective. These include the economic
impact of migration on both receiving and supplier countries, the
smuggling and trafficking of migrants, and discrimination, racism and
xenophobia against migrant workers. The jurisprudence laid down by the
organs of the inter-American system for the protection of human rights is
also examined. The report ends with conclusions and recommendations. The
Commission hopes that this progress report from the Special Rapporteurship
on Migrant Workers will contribute to the discussion on migration and to
raising public awareness of this far-reaching phenomenon. We also hope
that the report will contribute to underscoring the duty that states have
to respect and safeguard the human rights of migrant workers and members
of their families. The Inter-American System as a
Partner in Extending the Rule of law
Our region has experienced major progress in human rights.
There are regular elections, and freer and more open societies. A
diversity of organizations and civil groups participate in domestic and
international life, strengthening both democracy and human rights in the
process. But we still face serious problems, as this year’s report
shows. Some institutions are not yet mature, such as is the case with the
judiciary in many countries. Law enforcement bodies are poorly trained and
have not known how to appropriately combine respect for human rights and
the needs of public security. Certain groups must still be considered
vulnerable, including women, indigenous peoples, communities descended
from Africans, children and the handicapped. They have not yet achieved
the de facto equality needed for
free and full development, and in some countries are not even given equal
treatment under the law. Our region is home to the greatest economic and
social inequality in the world. Recognition of cultural, social and
economic rights is nothing more than a distant dream for vast sectors of
our societies.
Although elections are help regularly in our region, institutional
debility still afflicts many of our democracies. Attempted coups
and attacks on the constitutional order are not yet a thing of the past.
Fortunately, one thing has changed: the OAS now collectively rejects coups. Resolution 1080 and the Inter-American Democratic Charter are
clear proof that coups d’etat
are no longer acceptable on a regional level.
To meet the challenges posed by these serious problems, our
countries have created, along with other instruments, the inter-American
system for the protection of human rights, composed of a set of norms and
two specialized agencies charged with overseeing compliance with them, the
IACHR and the Inter-American Court of Human Rights. Within this system,
the political bodies of the OAS represent a collective guarantee that the
decisions of these two bodies will meet with compliance. The states, who
are the creators of the system, voluntarily contract the obligation to
meet all commitments, and they act both individually and collectively as
guarantors.
The inter-American system has prominent functions, as can be seen
in the annual report. First of all, it metes out justice in individual
cases. This reinforces the rule of law, especially for victims and members
of their families that feel that their problems were ignored and left
unresolved at home. Secondly, the system plays a role as an “early
warning signal.” Through the inter-American system, the region as a
whole is kept informed of serious human rights violations occurring
anywhere. The Organization can take measures to assure that a country or
countries do not start sliding down the slippery slope of dismantling the
rule of law. Third, the regional system broadens the scope of protection
of human rights and democracy by strengthening domestic norms and
institutions. In this way, stronger safeguards on human dignity are
created. Democracy can always be improved and is always being constructed.
With this in mind, one can say that the system opens up possibilities
within countries and contributes to the growth of democracy by
articulating regional positions on questions such as due process, states
of emergency, equality before the law and non-discrimination, protection
of human dignity and freedom of expression. The
inter-American system has various instruments at its disposal, all of
which are reflected in the annual report. First we can point to on-site
visits, used to evaluate the general state of human rights, to check on
the specific situation in regard to certain rights and to promote human
rights in the broadest sense. On-site visits usually lead to a
comprehensive report on the human rights situation in a country. This
report and the recommendations it contains serve as the basis for
monitoring and periodic “follow-up studies” that are made public after
intense and fertile dialogue with the government. Another tool used is the
system of individual cases, which are now processed in accordance with new
regulations that provide for greater legal safeguards and transparency, as
well as more expeditious handling. After examining an individual case, the
Inter-American Commission on Human Rights hands down a decision. In cases
of incompliance with a decision, the case can be taken to the
Inter-American Court or directly to the “court” of public opinion.
Lastly, we have the special rapporteurships, created to highlight and
examine specific human rights problems affecting vulnerable groups. After
much study and dialogue, the Rapporteur may recommend a declaration or a
draft convention. The
support of member states is essential to the inter-American system for the
protection of human rights. The system should be seen as an ally of
countries, aiding them in their efforts to safeguard human dignity and
consolidate the rule of law, and not as an adversary or obstacle. In fact,
common goals unite both sides. The Commission’s conclusions and
recommendations published in decisions on individual cases, in reports
made after on-site visits or in documents prepared by the special
rapporteurships are contributions to strengthening democracy and the rule
of law rather than public criticism of any given country. The recent
adoption on the Inter-American Democratic Charter is a step toward
creating an unbreakable bond between democracy and human rights. The IACHR
annual report I am presenting here today shows, chapter by chapter, the
superiority of the rule of law and the inseparability of human rights and
democracy – by highlighting the significance of the principles of due
process and non-discrimination, of an appeals system that provides for
effective and timely remedy to human rights violations, of the
relationship between security and human rights, and of freedom of
expression. Political
support of the Inter-American system on the part of member states should
lead to concrete measure in the short term: greater allocation of
resources to its organs, regular monitoring of compliance with Commission
and Court decisions, and ratification of all Inter-American human rights
treaties by all member states. Such measures would contribute to making
the organs permanent, something that the Commission has always supported,
and to giving individuals more autonomy and participation in proceeding
before the Court, a development made possible by changes to the rules of
procedure of the Commission and the Court. Summary of the 2001 Annual Report
The Annual Report is composed of two volumes, the first on the work
of the Inter-American Commission on Human Rights and the second on that of
the Office of the Special Rapporteur on Freedom of Expression.
As has been standard practice since 1999, Chapter I of the report
presents an overview of the situation in the Americas and the main
challenges facing human rights today. Chapter II offers a brief
introduction to the history and legal bases of the Commission and lists
the main activities carried out by the IACHR during the year. The
accomplishments of the 110th and 113th regular
sessions and the 111th and 112th special sessions,
the former held in Santiago (Chile), are highlighted. Moreover, this
chapter covers activities carried out in conjunction with other organs of
the inter-American system and with other regional and world-wide bodies. I
would like to recall that the IACHR and the Inter-American Court get
together every year to discuss matters of common interest and contribute
to improving the regional human rights system. The Commission and the
Court maintain a cooperative relationship that helps each body to fulfill
its mandate, as was seen in the joint presentation that we made with
Professor Augusto A. Cançado Trindade, President of the Court.
In 2001 the Commission made on-site visits to Panama and Colombia.
We are now processing the information received during and after the visits
for the purpose of drafting respective reports on the human rights
situation in the two countries. On behalf of the Commission, I would like
to thank the governments of Panama and Colombia for their cooperation in
helping us reach the objectives set for the on-site visits.
As the Committee knows, the IACHR will be traveling to Venezuela in
the coming days. The recent Special Assembly expressed satisfaction with
the fact that the Commission had accepted the invitation to realize an
on-site visit made by the government of Venezuela in September 1999. I
would like to thank President Hugo Chávez’s government for the
invitation, which was confirmed on 8 April 2002. I would also like use
this opportunity to say that the Commission welcomes the restoration of
the constitutional order and the democratically elected government of
President Chávez. In response to the attempted coup,
the Commission reacted immediately with a public statement condemning the
violence that resulted in at least 15 deaths and more than a hundred
wounded, lamenting arbitrary detentions and other human rights violations
that occurred on the days of April 12th and 13th and
deploring the removal from office of the highest officials of the various
branches of government. It warned that such acts would constitute an
interruption of the constitutional order as foreseen in the Inter-American
Democratic Charter. It was in this context, in compliance with its
obligations as set out in treaties and the rules of procedure, and in
accordance with more than four decades of practice, that the IACHR
Executive Secretary got in touch with those wielding de
facto power in Venezuela at the time. The purpose was to ask for
information on the detention and whereabouts of President Hugo Chávez and
to declare precautionary measures related to the liberty and personal
safety of and judicial guarantees for Mr. Tarek William Saab, Chairman of
the Foreign Affairs Commission of the Venezuelan National Assembly.
Recently Venezuelan Foreign Minister Luis Alfonso Dávila labeled the
IACHR’s position on the events in Venezuela as “ambiguous.” In
support of that affirmation, Minister Dávila referred to our communiqué
to José Rodríguez Iturbe, designated Foreign Minister in the so-called
government of transition. The IACHR must clarify that this communiqué can
in no way be construed as recognition of the de
facto regime. At no time did the Commission explicitly or implicitly
recognize the de facto government
of Venezuela. In accordance with its own procedures and with those of
other international human rights bodies, on 13 April 2002 the Commission
addressed those who were wielding de
facto power in Venezuela because the exercise of power, obtained
through usurpation or by other means, entails the obligation to respect
and guarantee human rights. Many times in the past the Commission has
communicated with de facto governments
in various parts of the region, while simultaneously strongly denouncing
any interruption of the institutional order. The powers conferred on the
IACHR by conventions or its statutes do not include recognition of
governments; our job is to safeguard the human rights of individuals and
that is all we were doing in this case. The
Special Rapporteur for Freedom of Expression, Santiago Canton, informed me
that his office was concerned about the lack of information available to
Venezuelans during the days of institutional crisis, a time when quick
access to information is indispensable to the defense of democracy. If
this was due to any deliberate decisions taken by media chiefs, the Office
of the Special Rapporteur and the Commission hope that the Venezuelan
media will take stock of the role they played during this time period. The
IACHR will keep a close watch on further developments in the human rights
situation in Venezuela. Next week’s on-site visit by the Commission in
full represents an opportunity for the Commission to do exactly this and
to advance the dialogue begun with authorities and civil society. This
should contribute to the protection and defense of human rights within a
framework of democracy and institutional legality. Chapter
III goes to the very heart of the IACHR’s work as it reports on
deliberations on complaints of human rights violations. This is the
longest chapter of the annual report - it contains the actual decisions
taken on petitions and individual cases lodged with the Commission and
processed in accordance with the appropriate rules. The Commission confers
ever more importance on the petition and individual case system and to
friendly settlement of cases, four of
which are covered in this year’s report. Currently, the IACHR is
participating in negotiations for the friendly settlement of dozens of
other cases affecting various countries. The willingness of the parties to
talk and look for creative solutions is without a doubt a positive sign of
the growing maturity of our system. In
2001 the Commission issued 74 reports: 36 declarations of admissibility
and 22 of inadmissibility, 12 friendly settlements and 4 reports on the
merits. These reports reflect a growing diversity of complaints. The
Commission has continued to examine structural problems, such as
violations of due process, extrajudicial executions, impunity and abuse of
military jurisdiction. The Commission has also taken decisions on matters
that are coming more and more to the forefront, such as women’s rights,
freedom of expression and cultural, social and economic rights. Such cases
highlight the growing legal complexity of cases, as well as the
Commission’s will to improve its own reasoning and argumentation. The
Commission aims not only to hand down decisions well-grounded in law, but
also to promote human rights by legally determining the scope of the
obligations voluntarily taken on by OAS member states. Lastly, through its
reports the Commission also tries to clarify various procedural questions
especially in regard to the admissibility of petitions, such as the
competency to lodge complaints, the time period for which the American
Convention is in effect, and exceptions to the rule on exhaustion of
internal remedies, among others. In this way the Commission contributes to
the legal solidity of our system, establishing rules and standards to be
guided by. The IACHR would like to recall that the approval and
publication of a report on the merits of an individual case does, to some
degree, proffer reparation to someone whose human rights have been
violated and who could not obtain justice in domestic jurisdictions. Chapter
III also contains information on some 50 precautionary measures granted or
extended by the IACHR. Here the Commission continues its practice of
offering information on precautionary measures requested of states, on its
own initiative or at the request of a party, to prevent irreparable harm
to persons (in accordance with Article 25 of the Rules of Procedure). A
major novelty in this year’s report is the section on follow-up on
compliance with IACHR recommendations in individual cases. This section
emanates from resolution AG/RES. 1828 (XXXI-O/01) adopted in San José and
in Article 25 of the IACHR Rules of Procedure. A table lists the
recommendations made by the Commissions and indicates whether they were
complied with. If they were, there is a further indication on whether
compliance was total or partial. To prepare this section of the report,
the Commission requested information from countries. In the name of
transparency, the Commission has decided to post on the website all
responses from countries that have specifically requested that their
submissions be published. We trust that this will contribute to an even
more open dialogue between states and the Commission, and to greater
public scrutiny of the inter-American human rights system. I must express
concern with the fact that the table shows no instances of full compliance
(implementation of IACHR recommendation in their entirety). Member states
must do everything possible to comply in good faith with Commission
recommendations. We place our trust in the Permanent Council and in its
Committee on Juridical and Political Affairs, and hope they will establish
a mechanism for the periodic monitoring of compliance with Commission and
Court decisions. Such an initiative would make palpable the principle of
collective guarantees that underlies the inter-American system for the
protection of human rights. Chapter
III also reports on Commission actions before the Inter-American Court of
Human Rights. This section covers provisional measures adopted by the
Court, at the request of the Commission, in cases of extreme gravity and
urgency, as stipulated in Article 63(2) of the American Convention on
Human Rights. It also offers a summary of Court decisions and actions of
the Commission in contentious cases. The
Commission has been guided by the criteria set out in the 1998 annual
report in identifying member states whose performance in the field of
human rights merits special attention. Chapter IV, set aside to this end,
examines the human rights situations in Colombia and Cuba. In regard to
Colombia, the contents of the IACHR press release made public after the
on-site visit last December are repeated. The Commission is currently
preparing its report. Cuba is included in this chapter because it is ruled
by a government that was not freely elected in accordance with
internationally accepted norms, a fact which in itself constitutes a
violation of the right to political participation enshrined in Article XX
of the American Declaration on the Rights and Duties of Man. Considering
the criteria set out in the 1998 annual report, the Commission is of the
opinion that Haiti should also have been included in this section.
Following the usual practice, however, it has not been as the IACHR is
currently preparing an on-site visit to the country. It is a pleasure for
me to inform you that the Commission’s Special Rapporteur for Haiti, Dr.
Clare Kamau, and our Executive Secretary will go to Haiti in the coming
weeks as part of IACHR effort
to follow the situation there. Chapter
V of this year’s report covers the state of compliance with previously
issued Commission recommendations. This time around we examine compliance
with past IACHR recommendations on the human rights situations in
Paraguay, Peru and the Dominican Republic. I would like to thank the
governments of these three countries for responding to the Commission’s
request for information. The
final section of Volume I is composed of the usual annexes: information on
the current state of the conventions and protocols on human rights
approved within the inter-American system, press releases, and selected
speeches given in the course of the year. The Report of the Special
Rapporteur for Freedom of Expression
I am pleased to announce that during its 114th regular
session the Commission named Dr. Eduardo Bertoni to the post of Special
Rapporteur for Freedom of Expression. The vacancy was widely announced and
all interested persons were invited to submit applications. Of the 165
received, the Commission chose 20 for closer study and then interviewed 5
finalists. A wide-ranging discussion on the candidates led to a majority
decision on which among several excellent applicants best met the job
qualifications. Dr. Bertoni will take over the office in May of this year.
At this time I would like to thank Dr. Santiago Canton for the tremendous
amount he did to aid in the creation, organization and consolidation of
the Office of the Special Rapporteur for Freedom of Expression. His
professional demeanor, determination and dedication were part and parcel
of the transcendental contribution he made to freedom of expression in the
Americas.
The work carried out by the office in 2001 led to greater awareness
of freedom of expression throughout the region, placing it at the
forefront of matters to be further discussed within the inter-American
system. Due in part to the efforts of the Office of the Special Rapporteur,
some states have made notable progress with the repeal of laws restricting
freedom of expression. Thus, both Costa Rica and Chile have repealed
“desacato laws.” In other countries, bills that would repeal
restrictive laws have been introduced, showing that there is a growing
awareness of the problems that such legislation entails. The Office hopes
that such progress will continue and that other laws that unnecessarily
constrain freedom of expression will also be repealed or brought in line
with the times.
The Annual Report of the Office of the Special Rapporteur for
Freedom of Expression is comprised of six chapters. Chapter I lays out the
mandate and competence of the Office and the main activities carried out
during the year. As part of its functions, the Office participated in the
IACHR on-site visits to Panama and Colombia. Chapter II evaluates the
state of freedom of expression in the hemisphere. The Office points out
that journalists, the media and our societies in general continue to
confront obstacles to freedom of expression, and that the assassination of
journalists continues to be the most serious problem in the area of
freedom of expression and information in the Americas. More than 9
journalists were assassinated in the course of 2001, a figure considerably
higher than either of the previous two years. Moreover, the high level of
impunity in cases of crimes against journalists places media workers in a
situation of extreme vulnerability and danger. In addition to the
assassination of journalists, the Office notes that in several countries
other means are also used to silence the work of reporters and the media,
such as psychological and physical threats and aggression, harassment and
intimidation of journalists and media
companies, and legal action initiated by the authorities with the aim of
silencing the press. Moreover, contrary to the jurisprudence of the
inter-American system, approximately 17 countries still have desacato
laws on their statute books, and these are sometimes used to silence the
media.
Chapter III is a report on action with respect to habeas
data and the right to access of information in the hemisphere. The
Office of the Special Rapporteur has surveyed laws and practices on access
to information in member states, and recommends instituting policies
promoting and disseminating information on these individual and collective
rights as legal tools for achieving transparency in government, protecting
personal privacy, and promoting accountability to and participation by
society.
Chapter IV contains a report on media ethics. This section
describes many of the ways in which the media can increase their level of
professionalism and ethical responsibility. The Office of the Special
Rapporteur also emphasizes that states should refrain from imposing codes
of professional ethics on journalists, leaving this task to the media and
media workers themselves.
Chapter V provides information on cases of freedom of expression in
the inter-American system. It covers provisional measures and follow-up
studies of the Inter-American Court, and reports on cases declared
admissible by and precautionary measures requested of the IACHR during
2001.
Chapter VI of the report presents final considerations and
recommendations aimed at promoting full respect for freedom of expression
in the hemisphere. It recalls that states must make a firm commitment to
respect freedom of expression as it is essential to the consolidation of
democracy in the hemisphere. Conclusion
Mr. Chairman, representatives, esteemed colleagues, ladies and
gentlemen:
The ongoing search for ways to consolidate participatory democratic
systems of government opens new opportunities for member states to support
the inter-American human rights system. According to the will of the
states themselves, the Commission and the Court exist to aid in the
development of “a system of
personal liberty and social justice,” the ultimate goal
as enunciated in the preamble to the American Convention on Human
Rights. With this objective in mind,
the Commission once again expresses its readiness and willingness
to work with member states to fulfill our mandate to safeguard human
dignity by protecting and promoting human rights. On behalf of the
Commission, I would like to thank all member states that have helped the
Commission honor our common commitment to the people of our hemisphere. Thank you.
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