AG/RES.
1701 (XXX-O/00)
EVALUATION
OF THE WORKINGS OF THE INTER-AMERICAN SYSTEM FOR THE
PROTECTION AND PROMOTION OF HUMAN RIGHTS WITH A VIEW
TO ITS IMPROVEMENT and strengthening
(Resolution
adopted at the first plenary session,
held
on June 5, 2000)
THE GENERAL ASSEMBLY,
HAVING
SEEN:
The
report of the Permanent Council on the evaluation and improvement of the
inter-American system for the protection and promotion of human rights,
submitted pursuant to resolution AG/RES. 1633 (XXIX-O/99)
(CP/doc.3302/00); and
The
report of the Chair of the Committee on Juridical and Political Affairs
concerning the dialogue on the inter-American system for the protection
and promotion of human rights (CP/CAJP-1610/00 rev. 2), held under the
aegis of the Committee, which identifies the various items addressed, as
well as the points of agreement and disagreement on those items;
BEARING
IN MIND that the member states of the Organization of American States have
proclaimed, in Article 3 of the OAS Charter, as one of the principles of
the Organization, the fundamental rights of the individual, without
distinction as to race, nationality, creed, or sex;
AWARE
that the international promotion and protection of human rights enhances
and complements the protection afforded under the domestic law of the
member states and is based on the freedom and dignity of the individual;
and
CONSIDERING:
That,
in the Plan of Action of the Second Summit of the Americas (Santiago,
1998), the Heads of State and Government affirmed the need to strengthen
and improve the inter-American human rights system through concrete
initiatives;
That,
in that connection, the Committee on Juridical and Political Affairs began
a dialogue on the inter-American system for the protection and promotion
of human rights, the participants in which comprised, in addition to the
member states of the Organization, the Inter-American Court of Human
Rights, the Inter-American Commission on Human Rights, and the
Inter-American Institute of Human Rights, as well as representatives of
nongovernmental organizations engaged in the protection of human rights;
That,
in November 1998, in a letter addressed to the ministers of foreign
affairs of the OAS member states, the Inter-American Commission on Human
Rights requested ideas and suggestions on the reform process from all
parties involved in the inter-American human rights system, and that, at a
seminar held in San José, Costa Rica, in November 1999, the
Inter-American Court of Human Rights also invited suggestions as to the
reform of its procedures;
That
the significant progress in that dialogue was made possible, in part, by
the openness, transparency, and constructive participation of the states,
and the decision to include in the dialogue the organs of the system, the
Inter-American Institute of Human Rights, and representatives of
nongovernmental organizations, whose participation was also distinguished
by its objectivity, balance, and spirit of cooperation;
That,
on February 10 and 11, 2000, in San José, Costa Rica, a meeting was held
of the Ad Hoc Working Group on Human Rights, created by the ministers of
foreign affairs taking part in the celebrations marking the anniversary of
the American Convention on Human Rights and the establishment of the
Inter-American Court of Human Rights; and bearing in mind the conclusions
reached at that meeting;
That
the consolidation of a sound and effective human rights system capable of
addressing future challenges requires, among other things, implementation
of the decisions of the inter-American bodies for the protection of human
rights, in accordance with the American Convention, as well as the
building of a political environment of mutual trust among the various
players that will facilitate ongoing, continuous, and open dialogue aimed
at the identification and implementation of measures and actions needed to
improve and strengthen the inter-American system for the protection and
promotion of human rights;
That
it is vital, therefore, that the dialogue on the inter-American human
rights system continue among member states of the Organization, with the
participation of the Inter-American Court of Human Rights, the
Inter-American Commission on Human Rights, and the nongovernmental
organizations involved, so that they may continue to gradually build
consensus on the improvement and strengthening of the inter-American human
rights system;
That
government efforts in the Hemisphere to improve and strengthen the
inter-American human rights system, including the possibility of
evaluating the pertinent legal instruments and the methods and working
procedures of the Inter-American Court of Human Rights and the
Inter-American Commission on Human Rights, should be designed to
strengthen the effective exercise and protection of human rights in the
Hemisphere; and
That,
to that end, it is essential that all member states sign, ratify, or
accede to, as appropriate, the American Convention on Human Rights; the
Additional Protocol to the American Convention on Human Rights in the Area
of Economic, Social, and Cultural Rights; the Additional Protocol to the
American Convention to Abolish the Death Penalty; and the following
inter-American human rights instruments: the Inter-American Convention to
Prevent and Punish Torture; the Inter-American Convention on Forced
Disappearance of Persons; the Inter-American Convention on the Prevention,
Punishment, and Eradication of Violence against Women; and the
Inter-American Convention on the Elimination of All Forms of
Discrimination against Persons with Disabilities,
RESOLVES:
1. To continue to improve and strengthen the inter-American system,
through systematic and ongoing dialogue among the states, the organs of
the system, and other parties involved, aimed at gradually building
consensus on the current status of the system and on the obstacles and
deficiencies to be overcome, with a view to guaranteeing the effective
exercise and protection of human rights in the Hemisphere.
2. To instruct the Permanent Council to continue to engage in a dialogue
on the inter-American human rights system with a view to improving and
strengthening that system by ensuring the participation of the
Inter-American Court of Human Rights and the Inter-American Commission on
Human Rights and by also inviting other bodies, such as the Inter-American
Institute of Human Rights, and representatives of interested
nongovernmental organizations to continue their contributions to that
process.
3. To instruct the Permanent Council to promote, in the context of the
dialogue on the inter-American system, participation by national
institutions involved in the promotion of human rights, such as defenders
of the people, defenders of the population, human rights ombudsmen, or
others with an equivalent role.
4. To instruct the Permanent Council to promote a substantial increase
in the allocation of resources to the Inter-American Court of Human Rights
and the Inter-American Commission on Human Rights in the coming fiscal
years, in recognition of the fact that the protection and promotion of
human rights is a central priority of the Organization.
5. To urge the OAS member states to:
a.
Attach the highest political priority to the universal adoption of
the inter-American system through the signature and ratification of, or
accession to, by all member states of the Organization, the American
Convention on Human Rights and the other inter-American human rights
instruments, giving consideration to the recognition of the binding
jurisdiction of the Inter-American Court, and encourage the states that
have not yet done so to adopt the domestic measures required for the
signature and ratification of, or accession to, those instruments;
b.
Adopt the necessary legislative or other measures, as applicable,
to ensure the application of inter-American human rights provisions within
the states;
c.
Adopt the necessary measures to implement the decisions or
judgments of the Inter-American Court of Human Rights, pursuant to the
provisions of Article 68 of the American Convention, in the case of those
states that recognize the binding jurisdiction of the Court;
d.
Do their utmost, in good faith, to implement the recommendations of
the Inter-American Commission on Human Rights; and
e.
Take appropriate action in connection with the annual reports of
the Inter-American Court of Human Rights and the Inter-American Commission
on Human Rights, in the context of the Permanent Council and the General
Assembly of the Organization, in order to fulfill their duty as states to
guarantee compliance with the obligations set forth in the instruments of
the system.
6.
To recommend to the Inter-American Commission on Human Rights, in
connection with its request for ideas and suggestions on the reform
process, in accordance with the provisions governing its areas of
competence, and in the context of the regulatory autonomy conferred upon
it by the American Convention on Human Rights in terms of the procedures
followed in processing individual cases, that it consider the possibility
of:
a.
Defining the criteria it follows for the opening of cases;
b.
Resolving questions pertaining to the admissibility of individual
petitions by opening a separate, mandatory procedure and issuing its
findings by way of concise resolutions, the publication of which shall not
prejudge the responsibility of the state;
c.
Making all necessary efforts to ensure that individual cases are
processed as expeditiously as possible and that each procedural stage, in
particular the admissibility phase, is governed by reasonable deadlines;
and considering the definition of the criteria to be followed in
determining when a case should be closed because of inaction on the part
of the petitioner;
d.
Continuing to promote the friendly settlement procedure as a
suitable mechanism for the successful resolution of individual cases;
e.
Establishing minimum criteria that petitioners must meet for the
Inter-American Commission on Human Rights to request a state to adopt
precautionary measures, bearing in mind the circumstances and nature of a
case;
f.
Defining the criteria the Commission follows for referral of cases
to the Inter-American Court of Human Rights; and
g.
Establishing a frame of reference enabling the Commission to
establish a new rapporteur function, define clearly the mandates of such a
rapporteur, and appoint an individual to the position.
7. To recommend to the Inter-American Court of Human Rights, in
connection with its request for ideas and suggestions on the reform
process, in accordance with the provisions governing its areas of
competence, and in the context of the regulatory autonomy conferred upon
it by the American Convention on Human Rights in terms of the procedures
followed in processing individual cases, that it consider the possibility
of:
a.
Allowing direct participation by the victim as a party to
proceedings, from the time that the case is first submitted to its
jurisdiction, bearing in mind the need to maintain procedural equity and
to redefine the role of the Commission in such proceedings (locus
standi); and
b.
Developing procedural rules to prevent the duplication of
procedures in cases submitted to its jurisdiction, in particular the
production of evidence, bearing in mind the differences in nature between
the Court and the Commission.
8. To transmit this resolution to the Inter-American Court of Human
Rights and the Inter-American Commission on Human Rights.
9. To request the Permanent Council to report to the General Assembly at
its thirty-first regular session on the implementation of this resolution.
AG/RES.
1706 (XXX-O/00)
PROMOTION
OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW
(Resolution
adopted at the first plenary session,
held on June 5, 2000)
THE
GENERAL ASSEMBLY,
RECALLING
its resolutions ag/res. 1270 (XXIV-O/94), ag/res. 1335 (XXV-O/95), ag/res.
1408 (XXVI-O/96), ag/res. 1503 (XXVII-O/97), ag/res. 1565 (XXVIII-O/98),
and AG/RES. 1619 (XXIX-O/99);
HAVING
CONSIDERED the report of the Secretary General on the implementation of
resolution AG/RES. 1619 (XXIX-O/99) (CP/CAJP-1649/00) and the report of
the Permanent Council on the promotion of and respect for international
humanitarian law (CP/doc.3314/00);
DEEPLY
CONCERNED over the persistent violations of international humanitarian law
occurring throughout the world and, in particular, over the fate of the
civilian population, which is increasingly subject to attacks that
contravene the applicable fundamental rules;
RECALLING
that it is the obligation of all states to observe and enforce in all
circumstances the standards established in the 1949 Geneva Conventions
and, where applicable, for the states that are parties thereto, those
contained in the 1977 Additional Protocols to those conventions;
UNDERSCORING
the need to strengthen the principles of international humanitarian law by
achieving its universal acceptance, its widest possible dissemination, and
its implementation;
AWARE
of the need to punish those responsible for war crimes, crimes against
humanity, and other grave breaches of international humanitarian law;
TAKING
INTO ACCOUNT IN THIS CONTEXT the historic significance of the adoption in
Rome of the Statute of the International Criminal Court;
RECOGNIZING
ONCE MORE the ongoing efforts of the International Committee of the Red
Cross (ICRC) to promote and disseminate knowledge of international
humanitarian law and the activities it carries out as an organization that
is independent, neutral, and impartial under any and all circumstances;
TAKING
INTO CONSIDERATION the recommendations made in 1995 by the Group of
Experts to study practical means of promoting full respect for and
compliance with international humanitarian law, in particular, regarding
the establishment of national committees or commissions to advise and
assist governments regarding the dissemination and implementation of
international humanitarian law;
RECOGNIZING
the important part that these national committees or commissions play in
ensuring that the Geneva Conventions and the Additional Protocols thereto,
as well as the other instruments of international humanitarian law, are
incorporated into the domestic law of the member states, so that
compliance with those instruments and the dissemination thereof are
ensured; and
EXPRESSING
its satisfaction with the increasing cooperation between the General
Secretariat of the Organization and the ICRC, resulting from the agreement
signed on May 10, 1996, which has furthered efforts to disseminate
international humanitarian law in the Americas,
RESOLVES:
1.
To welcome the increase in the number of member states that, in the
past year, have ratified or acceded to various instruments of
international humanitarian law, particularly the 1997 Convention on the
Prohibition of the Use, Stockpiling, Production, and Transfer of
Anti-personnel Mines and on Their Destruction.
2.
To urge the member states that have not yet done so to
consider ratification of, or, if applicable, accession to the 1977
Additional Protocols I and II to the 1949 Geneva Conventions.
3.
Also to urge the members states that have not yet done so to
consider signing or ratification, as appropriate, of the Statute of the
International Criminal Court.
4.
Further, to urge the member states that have not yet done so to
consider ratification of, or, if applicable, accession to, the following
instruments relating to weapons, which may be excessively injurious or
have indiscriminate effects:
a.
The
1980 Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to
Have Indiscriminate Effects (and the Protocols thereto);
b.
The
1997 Convention on the Prohibition of the Use, Stockpiling, Production,
and Transfer of Anti-personnel Mines and on Their Destruction; and
c.
The
1954 Hague Convention for the Protection of Cultural Property in the Event
of Armed Conflict.
5.
To underscore how important it is for the states, in implementing
the body of international humanitarian law, to pay special attention to
the following provisions:
a.
The
widest possible dissemination of international humanitarian law among the
armed forces and security forces, by including it in official instruction
programs and in the training of permanent armed forces staff in this area
(Article 83 of Additional Protocol I to the Geneva Conventions);
b.
The
enactment of criminal legislation required to punish those responsible for
war crimes and other grave breaches of international humanitarian law
(Article 86 of Additional Protocol I to the Geneva Conventions);
c.
The
enactment of legislation to regulate the use of emblems protected under
international humanitarian law and to punish the improper use thereof
(Article 38 of Additional Protocol I to the Geneva Conventions and its
Annex containing the regulations thereto); and
d.
The
obligation, in the study, development, acquisition, or adoption of a new
weapon, to determine whether its employment would violate international
humanitarian law, and, if it would, not to adopt it for use within the
armed forces or security forces or manufacture it for other purposes
(Article 36 of Additional Protocol I to the Geneva Conventions).
6.
To urge the member states that have not yet done so to study, with
the support of the International Committee of the Red Cross, the
advisability of establishing national committees or commissions to
implement and disseminate international humanitarian law.
7.
To urge the member states and all parties to an armed
conflict to help preserve the impartiality, independence, and neutrality
of humanitarian action in accordance with the guiding principles adopted
by the United Nations General Assembly in its resolution 46/182, dated
December 19, 1991, and to ensure that the staff of humanitarian
organizations are protected.
8.
To invite the member states to continue to cooperate with the
International Committee of the Red Cross in its various spheres of
responsibility and to facilitate its work, in particular, by using its
advisory services to support states’ efforts to implement international
humanitarian law.
9.
To request the Secretary General to report to the Permanent Council
before the thirty-first regular session of the General Assembly on the
implementation of this resolution.
AG/RES.
1708 (XXX-O/00)
PROPOSED
AMERICAN DECLARATION ON THE
RIGHTS OF INDIGENOUS POPULATIONS
THE
GENERAL ASSEMBLY,
RECALLING
its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97),
AG/RES. 1549 (XXVIII-O/98), and AG/RES. 1610 (XXIX-O/99);
BEARING
IN MIND the Guidelines for the Participation of Civil Society
Organizations in OAS Activities, approved by the Permanent Council in its
resolution CP/RES. 759 (1217/99);
CONVINCED
that the adoption of a declaration on the rights of indigenous populations
will enhance the recognition, promotion, and protection of the rights of
those populations, and will contribute to the development of pertinent
activities by the Organization of American States in this area;
CONSIDERING
that, in accordance with resolution AG/RES. 1610 (XXIX-O/99), the Working
Group to Prepare the Proposed American Declaration on the Rights of
Indigenous Populations met from November 8 to 12, 1999; and
HAVING
STUDIED the report of the Chair of the Working Group to Prepare the
Proposed American Declaration on the Rights of Indigenous Populations (GT/DADIN/doc.5/99),
RESOLVES:
1.
To request the Permanent Council to renew the mandate of the
Working Group so that it may continue to consider the Proposed American
Declaration on the Rights of Indigenous Populations and hold at least a
second meeting before the thirty-first regular session of the General
Assembly, in accordance with the resources allocated in the program-budget
and other resources.
2.
To recommend to the Working Group that it follow the procedures
agreed upon for suitable participation in its work by representatives of
indigenous communities, so that their observations and suggestions may be
considered.
3.
To request the Inter-American Indian Institute and the
Inter-American Juridical Committee to continue to advise the Working Group
as necessary.
4.
Also to request the General Secretariat to publicize the efforts of
the Working Group as necessary and consider the necessary measures to
promote more representative involvement in the Working Group by the
Hemisphere's indigenous community organizations.
5.
To request the Permanent Council to present a report to the General
Assembly at its thirty-first regular session on the implementation of this
resolution.
AG/RES.
1709 (XXX-O/00)
CHILDREN
AND ARMED CONFLICTS
(Resolution
adopted at the first plenary session,
held
on June 5, 2000)
THE GENERAL ASSEMBLY,
RECALLING
its resolution AG/RES. 1667 (XXIX-O/99), in which it instructed the
Inter-American Children’s Institute to deal systematically with the
problem of the participation of children in armed conflicts;
ALARMED
by the recruitment of children and their participation and use in armed
conflicts, and noting that more than 300,000 children under 18 years of
age are currently participating in armed conflicts worldwide;
DEEPLY
CONCERNED that too often children are the intended or collateral victims
of hostilities in the context of armed conflicts, suffering long-term
physical, emotional, and psychological trauma;
RECOGNIZING
that, in such situations, children are deprived, inter
alia, of their right to due protection;
NOTING
the recommendations contained in the Declaration adopted by the Latin
American and Caribbean Conference on the Use of Children as Soldiers, held
in Montevideo, from July 5 to 8, 1999;
WELCOMING
recent international efforts to address the issue of the forced
recruitment of children, including the adoption in 1998 of the Rome
Statute of the International Criminal Court; the adoption in 1999 of
Convention No. 182 of the International Labour Organization (ILO) on the
prohibition of the worst forms of child labor, including the forced or
compulsory recruitment of children for use in armed conflicts; and the
adoption in 2000 of the Optional Protocol to the United Nations Convention
on the Rights of the Child regarding the participation of children in
armed conflicts;
RECALLING
the rules of international humanitarian law that protect children in
situations of armed conflicts; and
Having
considered the Annual Report of the Inter-American Children’s
Institute (CP/doc.3278/00) and, in particular, the resolutions of its
Directing Council in this area,
RESOLVES:
1.
To urge the member states to consider signing and ratifying the
Optional Protocol to the United Nations Convention on the Rights of the
Child regarding the participation of children in armed conflicts.
2.
Also to urge the member states that have not yet done so to sign and ratify
without delay Convention No. 182 of the International Labour Organization
on the prohibition of the worst forms of child labor.
3.
To call upon all parties in armed conflicts, with due urgency, to observe the
rules of international humanitarian law that protect children.
4.
To support the efforts of the countries concerned to demobilize child
soldiers, and to rehabilitate and reintegrate into society children
affected by armed conflicts.
5.
To request the Inter-American Children’s Institute to continue to
work actively in this area and identify a body to assume responsibility
for following up on this resolution.
AG/RES.
1711 (XXX-O/00)
HUMAN
RIGHTS DEFENDERS IN THE AMERICAS:
SUPPORT
FOR THE INDIVIDUALS, GROUPS, AND ORGANIZATIONS OF CIVIL SOCIETY WORKING TO
PROMOTE AND PROTECT HUMAN RIGHTS IN THE AMERICAS
(Resolution
adopted at the first plenary session,
held
on June 5, 2000)
THE
GENERAL ASSEMBLY,
HAVING
SEEN resolution AG/RES. 1671 (XXIX-O/99), “‘Human Rights Defenders in
the Americas’ Support for the Individuals, Groups, and Organizations of
Civil Society Working to Promote and Protect Human Rights in the
Americas,” which instructs the Permanent Council to continue studying,
in coordination with the Inter-American Commission on Human Rights (IACHR),
the matter addressed therein;
HAVING
EXAMINED the report of the Permanent Council on this matter;
CONSIDERING:
That
during the presentation of the 1999 Annual Report of the IACHR there was
an exchange of opinions and points of view between the Commission and the
member states on the situation of human rights defenders in the region;
That
in the above-mentioned Annual Report the IACHR stated that “in 1999,
acts of intimidation, disappearances, and assaults, some leading to
fatalities, continued to be perpetrated against persons and organizations
engaged in the defense of human rights,” expressed grave concern
regarding this matter, and indicated “that the member states should take
the necessary steps to protect the life, personal security, and freedom of
expression of those who work to ensure respect for fundamental rights, in
accordance with the collective commitment expressed in OAS General
Assembly resolution AG/RES. 1671 (XXIX-O/99)”; and
That
the IACHR has been engaging in activities and adopting measures designed
to protect the fundamental rights of the defenders;
RECALLING:
That
at the Summits of the Americas the Heads of State and Government affirmed
that “respect for and promotion of human rights and the fundamental
freedoms of all individuals is a primary concern of our governments”;
and
That
the OAS General Assembly has previously expressed its views on this
subject along the same lines, reiterating its recommendation that the
governments of member states “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” [AG/RES. 1044 (XX-O/90)];
RECOGNIZING
the important work, at both the national and regional levels, of human
rights defenders in the Americas, as well as their valuable contribution
to the protection and promotion of fundamental rights and freedoms;
CONCERNED
over the persistence in the Americas of situations that directly or
indirectly prevent or hamper the work of individuals, groups, or
organizations working to promote and protect fundamental rights; and
AWARE
of the importance of promoting respect for the essential aims, principles,
and standards set forth in inter-American and international instruments on
this matter,
RESOLVES:
1. To reiterate its support for the work carried out, at both the
national and regional levels, by human rights defenders; and to recognize
their valuable contribution to the promotion, protection, and observance
of human rights and fundamental freedoms in the Americas.
2. To deplore acts that directly or indirectly prevent or hamper the
work of human rights defenders; and to urge member states to intensify
their efforts to adopt the necessary measures, in keeping with their
national laws, to guarantee the life, humane treatment, and freedom of
expression of human rights defenders, in keeping with internationally
accepted principles and standards.
3. To invite the Inter-American Commission on Human Rights to continue
to pay due attention to the situation of human rights defenders in the
Americas; and to invite the Permanent Council to promote the examination
of this matter in the context of the dialogue on strengthening and
enhancing the inter-American human rights system.
4.
To urge member states and the organs and agencies of the
inter-American human rights system to intensify their efforts to publicize
the inter-American instruments and OAS resolutions that protect and
safeguard the work of human rights defenders, as well as the United
Nations Declaration on the Right and Responsibility of Individuals,
Groups, and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms.
5.
To instruct the Permanent Council to follow up on this resolution
and to report on its implementation to the General Assembly at its
thirty-first regular session.
OBSERVAtions
and RECOMmENDAtions on the annual report
of the inter-american commission oN human rights
(Resolution
adopted at the first plenary session,
held
on June 5, 2000)
THE GENERAL ASSEMBLY,
HAVING
SEEN the annual report of the Inter-American Commission on Human Rights (IACHR)
and the presentation by the Chair of the Commission, as well as the
observations and recommendations of the Permanent Council on the annual
report of the IACHR (CP/doc.3325/00); and
CONSIDERING:
That
the member states of the Organization of American States have proclaimed
in the Charter of the Organization, as one of its principles, respect for
the fundamental rights of the individual without distinction as to race,
nationality, creed, or sex;
That,
under the OAS Charter and the American Convention on Human Rights, one of
the principal functions of the IACHR is to promote the observance and
protection of human rights;
That
the Heads of State and Government expressed in the Declaration of the
Second Summit of the Americas (Santiago, 1998) that “respect for and
promotion of human rights and the fundamental freedoms of all individuals
is a primary concern of our governments”; and
That
the member states have reaffirmed the inextricable link between human
rights, democracy, and development,
RESOLVES:
1.
To take note of and express its appreciation for the annual report
of the Inter-American Commission on Human Rights (IACHR).
2.
To receive with satisfaction the report of the Permanent Council on
the observations and recommendations of the member states on the annual
report of the IACHR and to transmit that report to the Commission.
3.
To urge the IACHR to continue to promote the observance and
protection of human rights, in keeping with the American Convention on
Human Rights.
4.
To recognize the work of the Commission in this area; and to urge
the member states to continue their collaboration with the Commission and
their support for those efforts.
5.
To urge those member states of the OAS that have not yet done so to
accord the highest political priority to consideration of the signature or
ratification of, or accession to, as appropriate, the American Convention
on Human Rights and to consider recognizing the binding jurisdiction of
the Inter-American Court of Human Rights.
6.
To instruct the Permanent Council to promote, in the coming fiscal
periods, a substantial increase in the resources allocated to the
Commission, given that the promotion and protection of human rights is a
fundamental priority of the Organization.
7.
To request the Permanent Council to report to the General Assembly
in due course on the implementation of this resolution.
observations
and recommendations OF THE MEMBER STATES on the ANNUAL
REPORT OF THE Inter-American Court of Human Rights[2]/
(Resolution
adopted at the first plenary session,
held
on June 5, 2000)
BEARING
IN MIND that the
denunciation of inter-American legal instruments on human rights and the
withdrawal of recognition of the Court’s binding jurisdiction affect the
regional system as a whole, due to its particular nature; and
ConsiderING
that
acceptance of the adjudicatory jurisdiction of the Court may only be made
unconditionally or on condition of reciprocity for
a specified period, or for specific cases, pursuant to Article 62.2
of the American Convention,
2.
To reiterate that the judgments of the Court are final and may not
be appealed and that the states parties to the Convention undertake to
comply with the rulings of the Court in all cases to which they are party.
3.
To urge the states that have denounced the American Convention on
Human Rights “Pact of San José, Costa Rica” or that have withdrawn
their recognition of the binding jurisdiction of the Court to reconsider
their decisions.
5.
To instruct the Permanent Council to promote, in the coming fiscal
periods, a substantial increase in the resources allocated to the Court,
given that the promotion and protection of human rights is a fundamental
priority of the Organization.
6.
To thank the Inter-American Court of Human Rights for its work
during the period covered by this report.
THE
HUMAN RIGHTS OF ALL MIGRANT WORKERS
AND THEIR FAMILIES/
THE
GENERAL ASSEMBLY,
HAVING
SEEN:
The
Report of the Permanent Council on the human rights of all migrant workers
and their families (CP/doc.3327/00), presented in accordance with
resolution AG/RES. 1611 (XXIX-O/99); and
The
annual report of the Inter-American Commission on Human Rights (IACHR);
CONSIDERING:
That
the American Declaration of the Rights and Duties of Man proclaims that
all persons are equal before the law and have the rights and duties
established in that declaration, without distinction as to race, sex,
language, creed, or any other factor;
That
the American Convention on Human Rights recognizes that essential human
rights are not derived from one’s being a national of a certain state,
but are based upon attributes of the human personality, and therefore
justify international protection;
That
the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families establishes the duty of
states to ensure to all migrant workers and members of their families
within their territory or subject to their jurisdiction the rights
provided for in the Convention without distinction as to sex, race, color,
language, religion or conviction; political opinion; national, ethnic, or
social origin; nationality; age; economic position; property; marital
status; birth; or other status;
That
many migrant workers and their families are compelled to leave their
places of origin in search of better opportunities; and
Advisory
Opinion OC-16, issued by the Inter-American Court of Human Rights, on the
right to information on consular assistance, within the framework of due
process, in cases of foreign nationals detained by authorities of a
receiving state;
AWARE
of the vulnerable situation in which migrant workers and their
families find themselves because, inter
alia, they move between countries; they do not live in their states of
origin; they face difficulties as a result of cultural differences,
especially with respect to language and customs; and their circumstances
often lead to the breakdown of the family;
BEARING
IN MIND the Declaration and the Plan of Action of the Second Summit of the
Americas,
RESOLVES:
1. To reaffirm that the principles and standards set forth in the
American Declaration of the Rights and Duties of Man and in the American
Convention on Human Rights apply to all persons, including migrant workers
and their families.
1.
To urge those member states that have not yet done so to accord the
highest political priority to consideration of the signature or
ratification of, or accession to, as appropriate, the American Convention
on Human Rights and to give serious consideration to signing, ratifying,
or acceding to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families.
2.
To urge the member states to take the necessary measures to
guarantee the human rights of all migrants, including migrant workers and
their families, as envisaged in the above-mentioned instruments.
4.
To reaffirm, emphatically, the duty of states to ensure full
respect and observance of the 1963 Vienna Convention on Consular
Relations, particularly with regard to the right of foreign nationals,
regardless of their immigration status, to communicate with a consular
official of their own state in case of detention and the obligation of the
state in whose territory the detention occurs to inform the foreign
national of that right.
5.
To recommend to the Inter-American Commission on Human Rights (IACHR)
that it continue to pay the utmost attention to cases in which the human
rights of migrant workers or their families have been violated.
6. To request the IACHR, in light of the notable progress made thus far,
to present the report on the status of the rights of all migrant workers
and their families to the General Assembly prior to its thirty-first
regular session, and to invite the member states to continue to cooperate
with the IACHR to that end.
7. To request the IACHR to
provide the Special Rapporteur for the rights of all migrant workers and
their families with the necessary and appropriate means to perform his or
her duties.
8.
To call upon the member states, the permanent observers, the
organs, agencies, and entities of the inter-American system, and other
sources to contribute to the voluntary fund of the Office of the Special
Rapporteur for the rights of all migrant workers and their families.
9. To recommend to the Inter-American Council for Integral Development
that it support projects and activities to benefit all migrant workers and
their families, as an expression of inter-American solidarity, an
essential element in the integral development of the member states.
10. To request the councils of
the Organization to report to the General Assembly at its thirty-first
regular session on the implementation of this resolution in their
respective areas of competence.
AG/RES.
1740 (XXX-O/00)
THE
GENERAL ASSEMBLY,
RECALLING
that, at its twenty-fourth regular session, held in Belém do Pará,
Brazil, the OAS General Assembly decided by acclamation, at its plenary
session of June 9, 1994, to adopt the Inter-American Convention on the
Prevention, Punishment, and Eradication of Violence against Women;
HAVING
SEEN resolution AG/RES. 1456 (XXVII-O/97),
“Promotion of the Inter-American Convention on the Prevention,
Punishment, and Eradication of Violence against Women, ‘Convention of
Belém do Pará’,” in which the OAS General Assembly encourages the
member states to take appropriate measures to ensure that the principles
and objectives of the Convention are incorporated into their legal
systems, so as to eliminate any discrimination and inequality still
existing in national laws;
CONSIDERING
that resolution AG/RES. 1626 (XXIX-O/99), “First Biennial Report on
Compliance with Resolution AG/RES. 1456 (Xxvii-O/97),
‘Promotion of the Inter-American Convention on the Prevention,
Punishment, and Eradication of Violence against Women, ‘Convention of
Belém do Pará,’ ” encourages those states that have not
already done so to ratify the Convention;
BEARING
IN MIND resolution CIM/MINIS/doc.20. rev. 1, “Inter-American Convention
on the Prevention, Punishment, and Eradication of Violence against Women,
‘Convention of Belém do Pará’,” adopted at the First Meeting of
Ministers or of the Highest-Ranking Authorities Responsible for the
Advancement of Women in the Member States, held in Washington, D.C., on
April 27 and 28, 2000;
EMPHASIZING
that, to date, 29 countries have ratified the Convention of Belém do Pará,
demonstrating their absolute rejection of and concern over all acts of
violence against women;
RECOGNIZING
that, although efforts are under way in the Hemisphere to put the aims of
the Convention into practice, violence persists, and is of such a
magnitude that the continued implementation of strategies to free women
from this scourge is essential;
TAKING
INTO ACCOUNT the recommendations contained in the Report of the
Inter-American Commission on Human Rights on the Status of Women in the
Americas, presented to the General Assembly for consideration at its
twenty-eighth regular session;
CONSIDERING
that in the plans of action of the First and Second Summits of the
Americas our governments pledged to take action to eliminate all forms of
violence against women; and
RECALLING
the Convention of Belém do Pará, which affirms that “violence against
women constitutes a violation of their human rights and fundamental
freedoms, and impairs or nullifies the observance, enjoyment and exercise
of such rights and freedoms,”
RESOLVES:
1.
To urge the governments of those member states of the Organization
of American States that have not already done so to ratify or accede to
the Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence against Women, “Convention of Belém do Pará.”
2.
To recognize those governments of the Hemisphere that have taken
measures to strengthen and adapt their law for the purpose of eradicating
violence against women.
3.
To encourage the member states to continue promoting measures to
eradicate violence against women in all its forms, in the public and
private arenas, in keeping with the objectives established in the
Strategic Plan of Action of the Inter-American Commission of Women, in the
plans of action of the First and Second Summits of the Americas, and in
the Inter-American Program on the Promotion of Women’s Human Rights and
Gender Equity and Equality.
AG/RES.
1762 (XXX-O/00)
THE
SITUATION OF REFUGEES, RETURNEES, AND
INTERNALLY
DISPLACED PERSONS IN THE AMERICAS
(Resolution
adopted at the fourth plenary session,
held
on June 6, 2000)
THE
GENERAL ASSEMBLY,
CONSIDERING:
That,
through its resolutions AG/RES. 774 (XV-O/85), AG/RES. 838 (XVI-O/86),
AG/RES. 951 (XVIII-O/88), AG/RES. 1021 (XIX-O/89), AG/RES. 1039 (XX-O/90),
AG/RES. 1040 (XX-O/90), AG/RES. 1103 (XXI-O/91), AG/RES. 1170 (XXII-O/92),
AG/RES. 1214 (XXIII-O/93), AG/RES. 1273 (XXIV-O/94), AG/RES. 1336 (XXV-O/95),
AG/RES. 1416 (XXVI-O/96), AG/RES. 1504 (XXVII-O/97), and AG/RES. 1602 (XXVIII-O/98),
it expressed its concern for those persons in the Americas who, as
refugees, returnees, or internally displaced persons, require protection
of their fundamental rights and the provision of humanitarian assistance;
That,
in support of the worldwide campaign of the Office of the United Nations
High Commissioner for Refugees to promote accessions to the 1951 Geneva
Convention on the Status of Refugees, which will mark its 50th anniversary
next year, the 1967 Protocol on the Status of Refugees, the 1954
Convention on the Status of Stateless Persons, and the 1961 Convention on
Reduction of Statelessness, the General Assembly adopted resolution
AG/RES. 1693 (XXIX-O/99), urging those
member states that have not yet done so to ratify these international
instruments and to adopt national law to give them effect; and that, in
addition, it requested the Secretary General to report to the General
Assembly at its next regular session on progress in following up on that
resolution; and
That
in his report the Secretary General provides detailed information on the
number of member states that have not yet acceded to those international
instruments and points as well as to significant gaps in national law,
RESOLVES:
1.
To reiterate its appeal to member states so that, as soon as
possible, all American states will have acceded to either or both of the
international instruments on refugees and adopted the necessary national
law on the matter and that the number of countries that are parties to the
conventions on statelessness will be increased.
2.
To request member states to keep the Secretary General informed of
progress in implementing this resolution, enabling him to present a
supplementary report on the matter to the General Assembly at its
thirty-first regular session.
[ Table
of Contents | Previous | Next ]
|