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

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

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.

 

 

AG/RES. 1715 (XXX-O/00)

 

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.

 

 

AG/RES. 1716 (XXX-O/00)

 

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)

 

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the observations and recommendations of the Permanent Council on the annual report of the Inter-American Court of Human Rights (CP/doc.3326/00) and the presentation of that report by the President of the Court;

 

CONSIDERING:

 

That Article 54.f of the Charter of the Organization of American States establishes that it is a function of the General Assembly to consider the observations and recommendations presented by the Permanent Council on the reports of the organs, agencies, and entities of the Organization in accordance with Article 91.f of the Charter;

 

That Article 65 of the American Convention on Human Rights, “Pact of San José, Costa Rica,” establishes that the Court shall submit to the OAS General Assembly for consideration a report on its work during the previous year and shall specify, in particular, the cases in which a state has not complied with the Court’s judgments and make any pertinent recommendations; and

 

That the Inter-American Court of Human Rights presented its annual report to the Permanent Council, which has forwarded observations and recommendations thereon to the General Assembly;

 

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,

 

RESOLVES:

 

1. To receive and transmit to the Inter-American Court of Human Rights the observations and recommendations of the OAS Permanent Council on the annual report.

 

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.

 

4. 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.

 

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.

 

 

AG/RES. 1717 (XXX-O/00)

 

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS
AND THEIR FAMILIES
[3]/

 

(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 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)

 

INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT,

AND ERADICATION OF VIOLENCE AGAINST WOMEN,

“CONVENTION OF BELÉM DO PARÁ”

 

(Resolution adopted at the first plenary session,

held on June 5, 2000)

 

 

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.

  

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[2] The delegation of Trinidad and Tobago has stated that it does not support this resolution.  The reservation of Trinidad and Tobago has been recorded in the minutes of the corresponding meeting (CP/ACTA 1234/00).

[3] The delegation of Trinidad and Tobago has stated that it does not support operative paragraph 2 of this resolution.  Trinidad and Tobago’s reservation has been recorded in the minutes of the corresponding meeting (CP/ACTA 1234/00).