CHAPTER II (...continued)

G. Thirty-first regular session of the OAS General Assembly

52. During the thirty-first regular session of the General Assembly of the Organization of American States, which was held in San José, Costa Rica in June 2001, the Commission was represented by its President, Dean Claudio Grossman, First Vice-President, Dr. Juan E. Méndez, Second Vice-President, Lic. Marta Altolaguirre, and Executive Secretary Ambassador Jorge E. Taiana. The Commission's President addressed the General Assembly on the general situation of human rights in the OAS member states and formally presented the Commission's 2000 Annual Report to the General Assembly. The Commission also made public during the General Assembly its Third Report on the Situation of Human Rights in Paraguay and its Fifth Report on the Human Rights Situation in Guatemala.

53. The General Assembly adopted several resolutions in the area of human rights and humanitarian law. Because of their importance for the promotion and defense of human rights in the Americas and for consolidation of the inter-American system, the following resolutions are reproduced below:

AG/RES. 1768 (XXXI-O/01)

SECOND 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'"

(Resolution adopted at the third plenary session,
held on June 5, 2001)

THE GENERAL ASSEMBLY,

RECALLING 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,'" which, to ensure follow-up of the said Convention, instructed the Permanent Secretariat of the Inter-American Commission of Women (CIM) to present biennial reports to the General Assembly on progress made in the Convention's implementation and on experiences and results achieved through the initiatives and programs pursued in the member states to combat violence against women;

RECALLING ALSO 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'";

CONSIDERING that the number of countries that have ratified the Convention of Belém do Pará has recently risen to 30, thereby demonstrating their support for and interest in combating violence against women;

RECOGNIZING that the project carried out by the CIM and the CIM report show that efforts are being made throughout the Hemisphere to attain the objectives of the Convention of Belém do Pará and that, although significant progress has been made, violence persists and is of such a magnitude that strategies must continue to be implemented to free women from that scourge; and

            RECALLING that, in the plans of action adopted at the First and the Second Summit of the Americas, the Heads of State and Government pledged, with regard to the subject of women, to take steps to eliminate all forms of discrimination and violence against women, as was done in the CIM Strategic Plan of Action, which assigned priority to this topic, and in the Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality, adopted by the General Assembly,

RESOLVES:

1. To note with satisfaction the Second Biennial Report to the General Assembly 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.'"

2. To express its satisfaction with the progress made by the Inter-American Commission of Women (CIM) and the member states in promoting the Convention and in attaining its objectives, in accordance with the priorities established in the plans of action of the Summits of the Americas, the Strategic Plan of Action of the CIM, and the Inter-American Program for the Promotion of Women's Human Rights and Gender Equity and Equality.

3. To encourage governments that have not yet done so to ratify the Convention of Belém do Pará, and to urge all member states to continue to promote measures to prevent, punish, and eradicate violence against women in the Hemisphere, especially by adjusting their legislation in pursuance of this objective.

4. To urge the CIM and member states to continue to develop strategies to attain the objectives of this Convention, and to publish the results in the next CIM follow-up report.

AG/RES. 1770 (XXXI-O/01)

INTERNATIONAL CRIMINAL COURT

(Resolution adopted at the third plenary session,
held on June 5, 2001)

THE GENERAL ASSEMBLY,

RECALLING its resolutions AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), and AG/RES. 1709 (XXX-O/00); the recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102, Doc. 6 rev., April 16, 1999, Chap. VII, 21.3.B); and the document "Framework for OAS Action on the International Criminal Court" (AG/INF.248/00);

HAVING CONSIDERED the report of the Secretary General on the implementation of resolution AG/RES. 1706 (XXX-O/00) (CP/doc.3482/01) and bearing in mind the recommendations contained therein;

CONCERNED over the persistent violations of international humanitarian law and international human rights law throughout the world and the fact that the perpetrators of those acts go unpunished;

AFFIRMING that the states have the primary duty to prosecute those crimes so as to prevent their recurrence, and that complementary international agencies are needed to ensure the exercise of justice;

ACKNOWLEDGING IN THIS CONTEXT the historic adoption of the Statute of the International Criminal Court on July 17, 1998, in Rome;

RECALLING that "it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes"; and

RECOGNIZING that 139 states, including 26 member states of the Organization of American States, have signed the Rome Statute and that 32 states, including seven member states of the Organization of American States, have ratified it,

RESOLVES:

1. To urge those member states of the Organization that have not already done so to consider the possibility of ratifying or acceding to, as applicable, the Rome Statute of the International Criminal Court.

2. To urge the member states of the Organization to participate in the meetings of the Preparatory Committee of the International Criminal Court, with a view to ensuring optimal operating conditions for the Court once it is established, in the context of unwavering protection of the integrity of the Rome Statute.

3. To request the Inter-American Juridical Committee to ensure that the agenda for the next joint meeting with legal advisers of the foreign ministries of OAS member states includes a discussion of mechanisms to address and prevent the recurrence of serious violations of international humanitarian law and international human rights law, as well as of the role of the International Criminal Court in that process.

4. To request the Permanent Council to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

AG/RES. 1771 (XXXI-O/01)

PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW

(Resolution adopted at the third plenary session,
held on June 5, 2001)

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), AG/RES. 1619 (XXIX-O/99), and AG/RES. 1706 (XXX-O/00);

HAVING HEARD the report by the Chair of the Committee on Juridical and Political Affairs on the promotion of and respect for international humanitarian law (CP/ACTA 1276/01);

DEEPLY CONCERNED over persistent violations of international humanitarian law throughout the world and, in particular, over attacks on the civilian population, which is at times forced into displacement;

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 those states that are parties thereto, those contained in the 1977 Additional Protocols to those conventions;
UNDERSCORING the need to strengthen the standards of international humanitarian law by achieving its universal acceptance, its widest possible dissemination, and its application;

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, which has already been ratified by 32 countries throughout the world;

CONSIDERING the importance of the Convention on the Safety of United Nations and Associated Personnel, whose objective is to protect both military and civilian members of United Nations operations;

CONVINCED that women and children deserve particular protection, and welcoming the adoption in May 2000 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts;

DISMAYED by the negative impact of the illicit production of and trafficking in firearms, ammunition, explosives, and other related materials on personal safety and on the stability of our societies;

EMPHASIZING 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 impartial, neutral, and independent under any and all circumstances;

RECOGNIZING the important part played by the national committees or commissions established in numerous countries for the dissemination and application of international humanitarian law 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 that are parties to those instruments, 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, and illustrated by common achievements such as the Governmental Experts' Meeting on "The Implementation of International Humanitarian Law and Related Inter-American Conventions," held in March 2001, in San José, Costa Rica,

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 (Ottawa Convention) and the Rome Statute of the International Criminal Court.

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, and to consider making the declaration contained in Article 90 of Protocol I.

3. Also to urge the member states that have not yet done so to consider ratification of or, as appropriate, accession to the Statute of the International Criminal Court.

4. Further, to urge 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); and

b. The 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction.

5. To invite those member states that have not yet done so to consider becoming parties to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and to its 1954 Protocol, as well as to its 1999 Second Protocol on enhanced protection.

6. To urge member states that have not yet done so to consider becoming parties to the 1989 Convention on the Rights of the Child, and to its Optional Protocol on the involvement of children in armed conflicts, which includes the participation of children in hostilities, as well as their recruitment into the armed forces and armed groups.

7. To underscore how important it is for states, in accordance with the international legal obligations they have undertaken, in times of peace as well as in times of armed conflict, to pay special attention to the following provisions:

a. The widest possible dissemination of international humanitarian law throughout the population, particularly among the armed forces and security forces, by including it in official instruction programs and in the training of permanent armed forces staff (Articles 47, 48, 127, and 144, respectively, of the four Geneva Conventions, and Articles 83 and 11, respectively, of the two Additional Protocols);

b. The enactment of criminal legislation required to punish those responsible for war crimes and other grave breaches of international humanitarian law (Articles 49, 50, 129, and 146, respectively, of the four Geneva Conventions, and Article 85 of Additional Protocol I);

c. The enactment of legislation to regulate the use of emblems protected under international humanitarian law and to punish the improper use thereof (Articles 54 and 45, respectively, of the first and second Geneva Conventions, and Article 38 of Additional Protocol I and its annex containing the regulations thereto); and

d. The obligation, in the study, development, acquisition, or adoption of a new weapon, means, or method of warfare, 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 to manufacture it for other purposes (Article 36 of Additional Protocol I to the Geneva Conventions).

8. To urge member states that have not yet done so to study, with the support of the International Committee of the Red Cross (ICRC), the advisability of establishing national committees or commissions to implement and disseminate international humanitarian law.

9. To urge member states and all parties to an armed conflict to respect 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.

10. To invite the member states and the parties in a conflict to continue to cooperate with the ICRC 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.

11. To request the General Secretariat to continue, through the Secretariat for Legal Affairs and in coordination with the ICRC, its work in the area of legal cooperation designed to promote the dissemination, ratification, and implementation of treaties on international humanitarian law and of related inter-American conventions, taking into account the progress achieved at the conference of government experts, held in San José, Costa Rica, in March 2001.

12. To request the Secretary General to report to the Permanent Council before the thirty-second regular session of the General Assembly on the implementation of this resolution.

AG/RES. 1774 (XXXI-O/01)

PREPARATION OF A DRAFT INTER-AMERICAN CONVENTION
AGAINST RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE

(Resolution adopted at the third plenary session,
held on June 5, 2001)

THE GENERAL ASSEMBLY,

CONSIDERING that Article II of the American Declaration of the Rights and Duties of Man, signed in Bogotá in 1948, states that all persons are equal before the law and have the rights and duties established therein, without distinction as to race, sex, language, creed, or any other factor;

HAVING SEEN the American Convention on Human Rights, signed in San José, Costa Rica, in 1969, Articles 1 and 2 of which prohibit discrimination for reasons of race, color, sex, language, religion, social origin, or any other condition;

TAKING INTO ACCOUNT that operative paragraph 3 of resolution AG/RES. 1271 (XXIV-O/94) calls on the various organs, agencies, and entities of the OAS to adopt timely and effective measures to foster tolerance and eliminate racist and discriminatory behavior;

RECALLING that the International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the United Nations in 1965, and that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance will be held in South Africa in 2001 and will be preceded by regional and subregional meetings in preparation for that Conference;

TAKING INTO ACCOUNT that racist and discriminatory practices are incompatible with the effective exercise of representative democracy;

HAVING SEEN resolution AG/RES. 1712 (XXX-O/00), which entrusts the Permanent Council with "studying the need to prepare a draft inter-American convention to prevent, punish, and eradicate racism and all forms of discrimination and intolerance";

BEARING IN MIND that consultations with the member states on this subject have been initiated in the Committee on Juridical and Political Affairs and that a number of those states have replied to the questionnaire prepared for that purpose (CP/CAJP-1687/01 rev. 2);

CONSIDERING that it is imperative that the international legal framework be expanded and that national law be strengthened with a view to eliminating all forms of discrimination still existing in the Hemisphere;

BEARING IN MIND the diversity of ethnic groups and cultures that enhance societies in the Hemisphere, as well as the advisability of promoting harmonious relations among them;

CONSIDERING that the Organization should send a clear political signal in favor of eliminating all forms of discrimination; and

TAKING INTO ACCOUNT that the Heads of State and Government, at the Third Summit of the Americas, held in Quebec City, Canada, in April 2001, reaffirmed their commitment to protecting human rights and fundamental freedoms and pledged to eradicate all forms of discrimination, including racism, racial discrimination, xenophobia, and other related intolerance in our societies,

RESOLVES:

1. To instruct the Permanent Council to continue its consideration of the need for a draft inter-American convention to prevent, punish, and eradicate racism and all forms of discrimination and intolerance.

2. To urge those member states that have not yet done so to reply as soon as possible to the questionnaire on the preparation of a draft inter-American convention against racism and all forms of discrimination and intolerance (CP/CAJP-1687/00 rev. 2).

3. To request the Inter-American Juridical Committee to facilitate the work of the Permanent Council by preparing a study, taking into account the provisions of international legal instruments on the subject; the replies of member states to the questionnaire on the preparation of a draft inter-American convention against racism and all forms of discrimination and intolerance; the declarations and recommendations of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in South Africa in 2001; those of the Regional Conference of the Americas in preparation for the aforementioned World Conference, held in Chile in 2000; and any contributions made by other bodies of the inter-American system and civil society.

4. To recommend to the Inter-American Commission on Human Rights that it continue to give special attention to this topic within the framework of inter-American legal instruments now in force.

5. To request the Permanent Council to present a report on the implementation of this resolution to the General Assembly at its thirty-second regular session.

AG/RES. 1775 (XXXI-O/01)

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS
AND THEIR FAMILIES ^2/

(Resolution adopted at the third plenary session,
held on June 5, 2001)

THE GENERAL ASSEMBLY,

HAVING HEARD the report by the Chair of the Committee on Juridical and Political Affairs concerning the human rights of all migrant workers and their families (CP/ACTA 1276/01);

HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights (IACHR), especially the chapter on the situation of migrant workers and their families (CP/doc.3443/01);

CONSIDERING:

That the Heads of State and Government gathered at the Third Summit of the Americas in Quebec City, Canada, in April 2001, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and pledged to ensure dignified, humane treatment with appropriate legal protections and to strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants;

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 enshrined 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 do not derive from one's being a national of a particular state, but are based upon attributes of the human person 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 for 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;

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; and

The exchange of views conducted, in the context of the Committee on Juridical and Political Affairs, with the International Organization for Migration, the Inter-American Commission on Human Rights, and the Inter-American Agency for Cooperation and Development, in which, given the multiple dimensions of the issues affecting migrant workers and members of their families and of the activities of each of those bodies, participants concluded that an interagency approach was needed and that it would be advisable to undertake joint cooperation programs in this field; and

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 arising from cultural differences, especially with respect to language and customs; and their circumstances often lead to the breakdown of the family,

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 take on special importance with respect to protection of the rights of migrant workers and their families.

2. To urge the member states, in keeping with the Plan of Action of the Third Summit of the Americas, to focus their efforts on universalization of the inter-American human rights system by increasing the number of accessions to its basic instruments, and, in that connection, to consider, as soon as possible, and as appropriate, signing and ratifying, ratifying, or acceding to the American Convention on Human Rights and the other instruments of the system, as well as the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families.

3. To urge the member states to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.

4. To reaffirm the duty of States Parties to the 1963 Vienna Convention on Consular Relations to comply with that Convention, including the right to communication between consular officers and their nationals, regardless of immigration status, in case of detention, and the obligation of the States Parties in whose territory the detention occurs to inform the foreign national of that right; and, in this context, to call to the attention of the states Advisory Opinion OC-16 on this matter, issued by the Inter-American Court of Human Rights.

5. To instruct the Permanent Council to continue supporting the work of the Inter-American Commission on Human Rights in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Intergovernmental Working Group of Experts on the Human Rights of Migrants of the United Nations Commission on Human Rights, those of the International Organization for Migration (IOM), and those of the Inter-American Agency for Cooperation and Development (IACD).

6. To request the Permanent Council, in accordance with the provisions of the section on migration in the Plan of Action of the Third Summit of the Americas, to:

a. Study the adoption of measures designed to strengthen cooperation among states to address, with a comprehensive, objective, long-term focus, the manifestations, origins, and effects of migration in the region, as well as promote close cooperation among countries of origin, transit, and destination so as to ensure protection of the human rights of migrants; and

b. Prepare an inter-American program for the promotion of the human rights of migrants, with the assistance of the appropriate organs and agencies of the inter-American system and of the United Nations.
7. To invite the Inter-American Commission on Human Rights (IACHR) and the IACD to consider the advisability of adopting joint cooperation programs in this area, taking into account the work done by other organs, agencies, and entities, such as the IOM and the International Labour Organization (ILO).

8. To request the IACHR to provide the Special Rapporteur for the rights of all migrant workers and members of their families with the necessary and appropriate means to perform his or her duties.

9. To request the IACHR to present-in light of the considerable progress made so far-a report on the status of the rights of all migrant workers and their families prior to the thirty-second regular session of the General Assembly, and, to that end, to invite member states to continue to work with the IACHR.

10. To invite 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 members of their families.

11. To recommend to the Inter-American Council for Integral Development that it support projects and activities on behalf of migrant workers and their families in the spirit of inter-American solidarity, which is a key factor in the integral development of member states.

12. To request the councils of the Organization to report to the General Assembly at its thirty-second regular session on the implementation of this resolution in their respective areas.

AG/RES. 1777 (XXXI-O/01)

IMPLEMENTATION OF THE INTER-AMERICAN PROGRAM ON THE PROMOTION OF WOMEN'S HUMAN RIGHTS AND GENDER EQUITY AND EQUALITY

(Resolution adopted at the third plenary session,
held on June 5, 2001)

THE GENERAL ASSEMBLY,

HAVING SEEN resolution AG/RES. 1625 (XXIX-O/99), "Status of Women in the Americas and Strengthening and Modernization of the Inter-American Commission of Women," which called a meeting of ministers or of the highest-ranking authorities responsible for the advancement of women in the member states and requested the Inter-American Commission of Women (CIM), acting as coordinator for the aforementioned meeting, to prepare a draft agenda that was to include approval of the "Draft Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality";

BEARING IN MIND the mandates contained in resolution AG/RES. 1732 (XXX-O/00), "Adoption and Implementation of the Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality";

CONSIDERING that the objective of the Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality is to integrate a gender perspective as a decisive strategy in implementing the Program and in attaining its ultimate purpose, which is the promotion and protection of women's human rights and gender equity and equality;

REAFFIRMING the commitment undertaken at the highest level to protect the human rights and fundamental freedoms of all, to eradicate all forms of discrimination, and to promote equality, as expressed in the Declaration of Quebec City of the Third Summit of the Americas; and

EMPHASIZING that the adoption of the Inter-American Program reaffirmed the states' commitment to combat all forms of discrimination and to promote equal rights and opportunities for women and men, with a gender perspective, which will require the ongoing participation of the OAS and, in particular, of the CIM, as the principal forum for generating hemispheric policy on gender equity and equality, as well as cooperation between the OAS and the different regional and subregional agencies and entities,

RESOLVES:

1. To receive with satisfaction the first report on the implementation and promotion of the Inter-American Program on the Promotion of Women's Human Rights and Gender Equity and Equality, in fulfillment of resolution AG/RES. 1732 (XXX-O/00).

2. To reaffirm the governments' commitment to integrate a gender perspective into their national programs and policies.

3. To welcome the work of the Secretary General and urge him to continue his efforts to implement the objectives of the Inter-American Program and promote the integration of a gender perspective in the Organization's activities, policies, programs, projects, and agendas.

4. To instruct the Secretary General and the Permanent Council to assign to the Inter-American Commission of Women, in the program-budget for 2002, the human and financial resources it needs to act as an organ for follow-up, coordination, and evaluation of the Inter-American Program and of actions taken to implement that Program, bearing in mind the other priorities of the Organization.

5. To request voluntary contributions to accelerate the implementation of the Inter-American Program.

6. To request the Secretary General to report to the General Assembly, at its thirty-second regular session, on activities undertaken by all organs, agencies, and entities of the OAS to implement the Inter-American Program and to present recommendations to the General Assembly for its further implementation.

AG/RES. 1780 (XXXI-O/01)

AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

(Resolution adopted at the third plenary session,
held on June 5, 2001)

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. 1708 (XXX-O/00);

CONSIDERING the priority attached to the indigenous issue at the hemispheric level and the importance of the discussions on the Draft American Declaration on the Rights of Indigenous Peoples conducted in the course of the Organization's work;

CONVINCED of the need to continue supporting efforts to reach a prompt and successful conclusion to negotiations on the aforementioned Draft Declaration;

RECOGNIZING the legal progress made on indigenous matters in the Hemisphere as various states have incorporated the multiethnic, pluricultural, and multilingual nature of the respective societies into their constitutional and legislative systems;

BEARING IN MIND the commitments made on this subject by the Heads of State and Government in the Declaration of Quebec City and the Plan of Action of the Third Summit of the Americas;

NOTING WITH SATISFACTION that, pursuant to resolution AG/RES. 1708 (XXX-O/00), the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples met in Washington D.C., from April 2 to 6, 2001, with ample participation by indigenous representatives from the Hemisphere, and made considerable progress;

FURTHER NOTING the conclusions and recommendations of the Hemispheric Conclave of Representatives of Indigenous Peoples of the Americas, held in Guatemala, and the Indigenous Peoples Summit of the Americas, held in Ottawa, Canada, both in 2001; and

NOTING WITH SATISFACTION the report of the Chair of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples (GT/DADIN/doc.23/01 rev. 1),

RESOLVES:

1. To request the Permanent Council to continue considering the Draft American Declaration on the Rights of Indigenous Peoples.

2. To request the Permanent Council to study the possibility of establishing a specific body under the aegis of the Permanent Council to serve as the appropriate setting for a high-level discussion of the Draft American Declaration on the Rights of Indigenous Peoples as it relates to the mandate contained in the Declaration of Quebec City and the Plan of Action of Third Summit of the Americas. The mandate of that body will be to continue consideration of the above-mentioned Draft Declaration until it is adopted and for that purpose to hold at least one special working meeting no later than the second week of March 2002 and before the thirty-second regular session of the General Assembly, in accordance with the resources allocated in the program-budget and other resources.

3. To recommend to the Permanent Council that it continue pursuing mechanisms for the accreditation and the appropriate means of participation in its deliberations of representatives of indigenous peoples so that their observations and suggestions may be taken into account.

4. To recommend to the Permanent Council the establishment of a specific fund consisting of voluntary contributions to support the participation of representatives of indigenous peoples in meetings related to the Draft Declaration. Mechanisms should also be sought to ensure indigenous participation in the utilization of the fund.

5. To request the Inter-American Commission on Human Rights, the Inter-American Juridical Committee, the Inter-American Indian Institute, and other international agencies and entities to provide the support and advice required for the work of the Permanent Council.

6. To request the Permanent Council to present a report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

AG/RES. 1783 (XXXI-O/01)

OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 3/

(Resolution adopted at the third plenary session,
held on June 5, 2001)

THE GENERAL ASSEMBLY,

HAVING SEEN the annual report of the Inter-American Commission on Human Rights (IACHR), the presentation thereof by the President of the Commission (CP/CAJP-1808/01), and the observations and recommendations of the Permanent Council on the annual report of the IACHR (CP/doc.3480/01);

CONSIDERING:

That in their Charter the member states of the Organization of American States have proclaimed as one of their 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, the principal function 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 Santiago 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";

That, in the Declaration of Quebec City of the Third Summit of the Americas (Quebec City, 2001), the Heads of State and Government stated that their "commitment to full respect for human rights and fundamental freedoms is based on shared principles and convictions" and that they supported "strengthening and enhancing the effectiveness of the inter American human rights system, which includes the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights"; and

That the member states have reaffirmed the inextricable link between human rights, democracy, and development;

RECOGNIZING that the universal protection and promotion of human rights are fundamental if democratic societies are to function properly, and underscoring the importance of respect for the rule of law, equitable and effective access to justice, and participation by all sectors of society in public decision-making; and

RECALLING that unfailing respect for the provisions of international human rights law is the basis for the legitimate action of the organs for the promotion and protection of human rights and of those states that have undertaken, through international instruments, to respect such provisions,

RESOLVES:

1. To take note of the annual report of the Inter-American Commission on Human Rights (IACHR) and to thank the Commission for presenting it.

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 recommend to the IACHR that it take account of the concerns and observations of some member states on the form and content of its annual report, in particular, those pertaining to the report of the Special Rapporteur for freedom of expression.

4. To urge the IACHR to continue to promote the observance and protection of human rights, in keeping with the provisions governing its competence and operations, in particular, the OAS Charter, the American Convention on Human Rights, and the Commission's Statute and Rules of Procedure.

5. 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.

6. To urge those member states of the OAS that have not yet done so to focus, pursuant to the Plan of Action of the Third Summit of the Americas, on the universalization of the inter-American human rights system by increasing the number of accessions to its basic instruments and, in that regard, to consider as early as possible the signature and ratification of, ratification of, or accession to, as appropriate, the American Convention on Human Rights and other instruments of the system.

7. To instruct the Permanent Council to promote, in the coming fiscal periods, an adequate increase in the resources allocated to the IACHR, given that the protection of human rights is a fundamental priority of the Organization.

8. To request the Permanent Council to present a report on the implementation of this resolution to the General Assembly at its thirty-second regular session.

CONSIDERING the provisions of the American Declaration of the Rights and Duties of Man, signed in Bogotá in 1948; the provisions of the American Convention on Human Rights, or Pact of San José, signed in San José, Costa Rica, in 1969; and the provisions of the Inter-American Convention to Prevent and Punish Torture, signed in Cartagena de Indias in 1985;

HAVING SEEN the provisions of the Universal Declaration of Human Rights, issued by the United Nations General Assembly in 1948; the International Covenant on Civil and Political Rights [A/RES/2200A (XXI), 1966]; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (A/RES/39/46, 1984), as well as the Geneva Conventions, adopted in Geneva in 1949, and the additional protocols thereto, adopted in Geneva in 1977;

EXPRESSING its concern over the state of penitentiary systems and detention centers in various countries of the Americas, in particular with respect to other prison conditions, which sometimes go so far as to violate the human rights of persons deprived of liberty;

TAKING NOTE of the preliminary draft American declaration on this subject presented by the Government of Costa Rica (AG/CP/doc.630/01);

BEARING IN MIND that this situation hinders and can even prevent the social rehabilitation of convicts, which is the essential aim of prison sentences, according to the Pact of San José;

BEARING IN MIND that the topic of all aspects of health in prisons is part of the hemispheric agenda; and recalling that for a number of years the OAS has served as a forum for discussion of prison and detention conditions in the Americas, especially in the context of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas; and

RECALLING that a number of texts on this subject have been adopted at the United Nations, in particular the Standard Minimum Rules for the Treatment of Prisoners [ECOSOC/RES/663C (XXIV)], adopted in 1957; the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (A/RES/43/173), of 1988; and the Basic Principles for the Treatment of Prisoners (A/RES/45/111), of 1990,

RESOLVES:

1. To welcome the initiative of the Government of Costa Rica to seek discussion of the subject of this resolution within the OAS.

2. To instruct the Permanent Council to consider the advisability of studying, in cooperation with the competent organs and agencies of the inter-American system and taking into account the conclusions and recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas, the question of the rights and the care of persons under any form of detention or imprisonment.

3. To request the Permanent Council to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

THE GENERAL ASSEMBLY,

HAVING SEEN 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," which instructs 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, and to report on the implementation of said resolution;

CONSIDERING:

That, in the context of the dialogue on the functioning of the system and pursuant to the mandate contained in operative paragraph 3 of resolution AG/RES. 1711 (XXX-O/00), on February 28, 2001, the Committee on Juridical and Political Affairs of the Permanent Council held a meeting at which it considered the topic and engaged in constructive dialogue involving representatives of various regional and national nongovernmental human rights organizations in the member states; and

That, in its recent annual reports, the Inter-American Commission on Human Rights (IACHR) has expressed its grave concern over the situation of human rights defenders in the region, and has recommended to the member states that they should take the necessary steps to protect the life, personal safety, 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 resolutions AG/RES. 1671 (XXIX-O/99) and AG/RES. 1711 (XXX-O/00);

BEARING IN MIND the practice of the IACHR in this area and the measures it has taken to protect the fundamental rights of defenders;

RECALLING:

That, at the Second Summit of the Americas, held in Santiago, Chile, the Heads of State and Government affirmed that "[r]espect for and promotion of human rights and the fundamental freedoms of all individuals is a primary concern of our governments"; and that, at the Third Summit of the Americas, held in Quebec City, Canada, they pledged to seek to promote and give effect to the United Nations Declaration on Human Rights Defenders; and

That the OAS General Assembly has expressed the same views on this subject, reiterating its recommendation that 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;

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 protect and promote fundamental rights; and

AWARE of the need to promote the observance of the essential aims, principles, and standards set forth in inter-American and international instruments in this area,

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 protection, promotion, 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 in the Americas.

3. To urge member states to step up their efforts to adopt the necessary measures, in keeping with their domestic law and with internationally accepted principles and standards, to guarantee the life, personal safety, and freedom of expression of human rights defenders.

4. To invite member states to publicize and enforce the instruments of the inter-American system and the decisions of its bodies on this matter, 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 request 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 consider preparing a comprehensive study in this area which, inter alia, describes their work, for study by the pertinent political authorities.

6. To instruct the Permanent Council to follow up on this resolution and to report to the General Assembly at its thirty-second regular session on its implementation.

CONSIDERING that the international community continues to discuss the importance of the possible link between human rights and environmental protection, as expressed in the 1972 Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration), the 1989 Hague Declaration, the 1992 United Nations Declaration on Environment and Development (Rio Declaration), and other international instruments on the subject;

TAKING INTO ACCOUNT the work done in this field by the United Nations Commission on Human Rights and the Economic and Social Council; and

BEARING IN MIND:

The human rights enshrined in the American Convention on Human Rights and in other human rights instruments, in particular the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, "Protocol of San Salvador"; and

That the effective enjoyment of all human rights, including the right to education and the rights of assembly and freedom of expression, as well as full enjoyment of economic, social, and cultural rights, could foster better environmental protection by creating conditions conducive to modification of behavior patterns that lead to environmental degradation, reduction of the environmental impact of poverty and of patterns of unsustainable development, more effective dissemination of information on this issue, and more active participation in political processes by groups affected by the problem,
RESOLVES:

1. To underscore the importance of studying the link that may exist between the environment and human rights, recognizing the need to promote environmental protection and the effective enjoyment of all human rights.

2. To request the General Secretariat to conduct, in collaboration with other organs of the inter-American system, a study of the possible interrelationship of environmental protection and the effective enjoyment of human rights.

3. To instruct the Secretary General to report to the General Assembly at its thirty-second regular session on the implementation of this resolution.

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on support for the work of the Inter-American Institute of Human Rights (CP/doc.3303/00);

CONSIDERING its resolutions AG/RES. 1702 (XXX-O/00), AG/RES. 1665 (XXIX-O/99), AG/RES. 1405 (XXVI-O/96), and AG/RES. 1334 (XXV-O/95), on support for the work of the Inter-American Institute of Human Rights;

NOTING the outstanding work of the Inter-American Institute of Human Rights in promoting human rights by creating educational programs to inform the public about the rights internationally recognized by their states;

RECOGNIZING:

The specialized training and technical assistance provided by the Inter-American Institute of Human Rights to judges, electoral tribunals, ministries of education, government human rights offices, police forces, and armed forces, and to civil society organizations, educators, jurists, and political parties; and

The participation of the Institute in the dialogue on the inter-American system for the promotion and protection of human rights, held under the aegis of the Committee on Juridical and Political Affairs; and

EXPRESSING ITS APPRECIATION for the work of the Inter-American Institute of Human Rights in the countries of the Hemisphere over the 20 years since its foundation in building democracy and in the observance of human rights, as well as its technical assistance in drafting modern legislation and incorporating international law into domestic law,

RESOLVES:

1. To support the Inter-American Institute of Human Rights so that it may continue to carry out promotional, educational, and specialized training activities in the field of human rights at the national, regional, and hemispheric levels, in order to strengthen the effective exercise of those rights.

2. To encourage the states and international and regional financial institutions to support the various programs of the Inter-American Institute of Human Rights and to contribute to its financing.

3. To commend the Inter-American Institute of Human Rights on the 21st anniversary of its establishment, in 1980, and to congratulate it on its record of tireless efforts over two decades in the area of human rights promotion and education.

4. To instruct the Permanent Council to invite the Institute to continue to participate in the dialogue on the inter-American system for the promotion and protection of human rights.

HAVING SEEN the Observations and Recommendations of the Permanent Council on the Annual Report of the Inter-American Court of Human Rights (CP/doc.3464/01) and the presentation of that report by the President of the Court, Judge Antonio A. Cançado Trindade (CP/CAJP-1770/01); and

CONSIDERING:

That at the Third Summit of the Americas, in Quebec City, in April 2001, the Heads of State and Government decided to continue fostering measures to strengthen and enhance the inter-American human rights system, in particular an adequate increase in resources allocated to the Inter-American Court of Human Rights;

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 establishes that: "To each regular session of the General Assembly…the Court shall submit, for the Assembly's consideration, a report on its work during the previous year. It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations"; and

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

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 acknowledge with satisfaction that on January 31, 2001, the Government of Peru deposited with the OAS General Secretariat an instrument by which it reaffirmed that the recognition of the contentious jurisdiction of the Inter-American Court of Human Rights issued by Peru on October 20, 1980, was fully in effect and binding in all senses on the Peruvian state, and that the effectiveness of that declaration of recognition should be understood to have been uninterrupted since its deposit with the OAS General Secretariat on January 21, 1981.

3. To note with satisfaction that, during the period covered by this report, the Government of Barbados recognized the binding jurisdiction of the Inter-American Court of Human Rights, under the terms set forth in Article 62.1 of the American Convention on Human Rights.

4. To reiterate that the judgments of the Inter-American Court of Human Rights 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.

5. To urge the member states, in keeping with the Plan of Action of the Third Summit of the Americas, to focus on the universalization of the inter-American human rights system by increasing the number of accessions to its basic instruments and, in that connection, to give consideration, as soon as possible and as the case may be, to signing and ratifying, ratifying, or acceding to the American Convention on Human Rights and the other instruments of the system, and to accepting the binding jurisdiction of the Inter-American Court of Human Rights.

6. To instruct the Permanent Council to promote in the coming fiscal periods an adequate increase in the resources allocated to the Inter-American Court of Human Rights, given that the promotion and protection of human rights is a fundamental priority of the Organization.

7. To thank the Inter-American Court of Human Rights for its work during the period covered by this report and, in particular, for amending its Rules of Procedure, in keeping with resolution AG/RES. 1701 (XXX-O/00).

THE GENERAL ASSEMBLY,

HAVING SEEN:

The Annual Report of the Permanent Council (AG/doc.3970/01) as it relates to the evaluation and improvement of the inter-American system for the protection and promotion of human rights;

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-1815/01), held under the aegis of the Committee, which identifies the various items addressed, progress made, agreements reached, and items requiring further study;

The proposals and comments of the Governments of Costa Rica (CP/doc.3405/01); Mexico (CP/CAJP-1754/01); Brazil (CP/CAJP-1755/01 and CP/CAJP-1784/01); the President of the Inter-American Court of Human Rights (CP/CAJP-1781/01); the President of the Inter-American Commission on Human Rights (CP/CAJP-1708/01); nongovernmental organizations (CP/CAJP-1813/01); the register of national institutions (CP/CAJP-1749/01 and adds. 1 and 2); the documents to the Technical Secretariat of the Ad Hoc Working Group on Human Rights: Project to Promote Human Rights in the Americas and Funding the Inter-American Human Rights System (CP/CAJP-1794/01); and

The joint note dated November 21, 2000, from the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights;

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; and

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 the Heads of State and Government, meeting at the Third Summit of the Americas in Canada in April 2001, stated in the Declaration of Quebec City that " [o]ur commitment to full respect for human rights and fundamental freedoms is based on shared principles and convictions. We support strengthening and enhancing the effectiveness of the inter American human rights system, which includes the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. We mandate the XXXI General Assembly of the OAS to consider an adequate increase in resources for the activities of the Commission and the Court in order to improve human rights mechanisms and to promote the observance of the recommendations of the Commission and compliance with the judgments of the Court";

That, in the Plan of Action of the Third Summit of the Americas, the Heads of State and Government decided to "[c]ontinue promoting concrete measures to strengthen and improve the inter-American human rights system, in particular the functioning of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights (IACHR), focusing on: the universalization of the inter-American human rights system, increasing adherence to its founding instruments, complying with the decisions of the Inter-American Court and following up on the recommendations of the Commission, facilitating the access of persons to this protection mechanism and substantially increasing resources to maintain ongoing operations, including the encouragement of voluntary contributions, examining the possibility that the Court and the IACHR will function permanently";

That the Heads of State and Government instructed the General Assembly of the OAS to initiate actions, at its thirty-first regular session, in San José, Costa Rica, to meet the above-mentioned goals;

That the Inter-American Commission on Human Rights adopted new Rules of Procedure, which entered into force on May 1, 2001;

That the Inter-American Court of Human Rights adopted new Rules of Procedure, which entered into force on June 1, 2001;

That the Committee on Juridical and Political Affairs made substantial progress in identifying and studying concrete measures, as well as areas requiring more in-depth study, to consolidate an efficient human rights system capable of facing future challenges, and strengthened ongoing dialogue, thereby creating a political environment of mutual trust among the different players, owing to the openness, transparency, and gradual, constructive participation of the member states, the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, the Inter-American Institute of Human Rights, and representatives of national and international nongovernmental organizations; and that it is essential for the dialogue to continue as part of the effort gradually to build consensus on this issue;

That governmental efforts in the Hemisphere intended 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 should go into greater depth in the study and evaluation thereof;

That, to that end, it is essential that all member states consider signing, ratifying, or acceding 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; 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;

That some member states have made a valuable contribution to the universal adoption of inter-American instruments by ratifying the various inter-American human rights treaties and accepting the binding jurisdiction of the Court, thereby strengthening the inter-American system; and

That the establishment of a specific body under the aegis of the Permanent Council may be required to address the topics of the dialogue on the evaluation and strengthening of the inter-American system for the promotion and protection of human rights,

RESOLVES:

1. To instruct the Permanent Council to begin taking concrete steps aimed at implementing the mandates from the Heads of State and Government on strengthening and improvement of the inter-American system for the promotion and protection of human rights set forth in the Plan of Action of the Third Summit of the Americas, focusing on:

a. Universalization of the inter-American human rights system;

b. Implementation of the decisions of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights;

c. Greater access for individuals to the inter-American human rights system;

d. A substantial increase in the budgets of the Court and of the Commission, by devising a plan through which, within a reasonable time, the organs of the system may address their growing activities and responsibilities and ensure the effectiveness of the system and of the use of allocated resources; and establishment of a specific fund to strengthen the inter-American system for the promotion and protection of human rights intended to encourage voluntary contributions to benefit the organs of the system and to enhance their efforts to promote the system and achieve its universalization;

e. Examination of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account, among other things, the views of those organs.

2. To instruct the Permanent Council to:

a. Continue to consider the participation of victims in proceedings before the Inter-American Court of Human Rights;

b. Study, with the support of the General Secretariat and taking into account the views of both the Court and the Commission, the relationship between the rules of procedure of those bodies and the provisions of their statutes and the American Convention on Human Rights;

c. Promote the exchange of experiences and best practices in adjusting the provisions of international human rights law to domestic law;

d. Continue to intensify the dialogue on the inter-American human rights system with a view to its improvement and strengthening, by ensuring the participation of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights; inviting the Inter-American Institute of Human Rights and representatives of nongovernmental organizations; and promoting the participation of national institutions involved in the promotion and protection of human rights, taking into consideration for such purposes the register of national institutions (CP/CAJP-1749/01 and adds. 1 and 2);

e. Study the possibility of establishing a specific body under the aegis of the Permanent Council to address issues related to human rights; and

f. Promote, within the Committee on Juridical and Political Affairs, the exchange of information on institutional experiences and the development of national mechanisms for the protection of human rights, to obtain an overview, in the framework of the Organization, of the link that should exist between national systems for the protection of human rights and the inter-American system.

3. To urge the OAS member states to:

a. Focus their efforts on the universalization of the inter-American human rights system, pursuant to the Plan of Action of the Third Summit of the Americas, by increasing the number of countries that have acceded to its basic instruments and, to that end, consider signing and ratifying, ratifying, or acceding to, as soon as possible and as appropriate, the American Convention on Human Rights and other instruments of the system;

b. Take such legislative steps or other measures as are necessary to ensure the application of inter-American human rights provisions within the states;

c. Take the necessary steps to comply with the decisions or judgments of the Inter-American Court of Human Rights and make every effort to implement the recommendations of the Inter-American Commission on Human Rights; and

d. Take appropriate action in connection with the annual reports of the Court and the Commission, in the framework 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.

4. To thank the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights for presenting new rules of procedure, which entered into force on May 1 and June 1, 2001, respectively.

5. To invite the Commission and the Court to continue supporting the strengthening of the inter-American system for the protection and promotion of human rights and, in particular, to consider the possibility of:

a. Including in its annual reports information on compliance by the states with the recommendations, decisions, or judgments issued by the two organs during the period under consideration. The General Assembly will study that information;

b. Presenting to the Permanent Council regular evaluations and reports on the results of application of the amendments to the rules of procedure of the two organs, so as to ensure the proper working of the system; and

c. Providing the Permanent Council with statistical information reflecting the degree of accessibility to the inter-American human rights system and enabling it to be assessed, by type of appellant or petitioner; the right on which the petitions or appeals are based; and, where applicable, the type of offense for which proceedings were brought under domestic law.

6. To acknowledge the participation and contributions of the Inter-American Institute of Human Rights and nongovernmental organizations in the dialogue on strengthening the system and to urge them to continue to participate in that dialogue.

7. To request the Inter-American Juridical Committee to contribute to the work of the Committee on Juridical and Political Affairs (CAJP) with respect to the dialogue on the inter-American system for the protection and promotion of human rights, when the CAJP so requests.

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-second regular session on the implementation of this resolution.

THE GENERAL ASSEMBLY,

THE GENERAL ASSEMBLY,

CONSIDERING: