...continuation (Chapter II)
AG/RES.
2036 (XXXIV-O/04)
HUMAN RIGHTS DEFENDERS:
SUPPORT FOR THE INDIVIDUALS, GROUPS, AND ORGANIZATIONS OF CIVIL SOCIETY
WORKING TO PROMOTE AND
PROTECT HUMAN RIGHTS
IN THE AMERICAS
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report
of the Permanent Council to the General Assembly (AG/doc.4265/04 add. 3
corr. 1) as it pertains to this topic and resolution AG/RES. 1920 (XXXIII-O/03),
“Human Rights Defenders: Support for the Individuals, Groups, and Civil
Society Organizations Working to Promote and Protect Human Rights in the
Americas”;
CONCERNED that situations
persist in the Americas that, directly or indirectly, prevent or hamper
the work of individuals, groups, or organizations working to protect and
promote fundamental rights;
CONSIDERING that member states
support the work carried out by human rights defenders and recognize
their valuable contribution to the promotion, observance, and protection
of human rights and fundamental freedoms in the Americas, and to the
representation and defense of individuals, minorities, and other groups
of persons whose rights are threatened or violated;
TAKING NOTE that in 2003, in
its decisions granting provisional measures, the Inter-American Court of
Human Rights highlighted the importance of the work of human rights
defenders to the development of democracies in the Americas;
TAKING INTO ACCOUNT the work
accomplished by the Unit for Human Rights Defenders of the Inter-American
Commission on Human Rights and the member states’ replies to the
questionnaire drawn up by that unit with a view to preparing a
comprehensive report on the subject; and
UNDERSCORING that the
performance by human rights defenders of their tasks contributes
actively to strengthening democratic institutions and improving national
human rights systems,
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, observance, and protection of human
rights and fundamental freedoms in the Hemisphere.
2. To condemn actions
that directly or indirectly prevent or hamper the work of human rights
defenders in the Americas.
3. To encourage human
rights defenders to continue to work selflessly for the enhancement of
national human rights systems for the consolidation of democracy, in
accordance with the principles contained in the United Nations
Declaration on Human Rights Defenders.
4. To urge member
states to continue stepping up their efforts to adopt the necessary
measures to safeguard the lives, freedom, and personal safety of human
rights defenders, and to conduct thorough and impartial investigations
in all cases of violations against human rights defenders, ensuring that
the findings thereof are transparent and publicized.
5. To invite the
Inter-American Commission on Human Rights (IACHR) to conclude its
comprehensive report on the situation of human rights defenders in the
Americas, in keeping with resolution AG/RES. 1842 (XXXII-O/02), for
presentation to the Permanent Council and consideration, if possible, in
the second half of 2004.
6. To request the IACHR
to:
a. Continue
to give due consideration to this matter at the level it deems
appropriate;
b. Continue
intensifying its dialogue and cooperation with the Special
Representative of the United Nations Secretary-General on Human Rights
Defenders; and
c. Include
in its annual report a section on the work of the Unit for Human Rights
Defenders of the IACHR.
7. To invite member
states to promote the dissemination and enforcement of 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.
8. To invite member
states to consider the preparation and implementation of national plans
to apply the principles contained in the United Nations Declaration
mentioned in the preceding paragraph, for which purpose they may also
request the advisory services of the IACHR.
9. To urge member
states that have not yet done so to reply to the questionnaire prepared
by the Unit for Human Rights Defenders of the Inter-American Commission
on Human Rights.
AG/RES.
2037 (XXXIV-O/04)
STUDY OF THE RIGHTS
AND THE CARE OF PERSONS UNDER
ANY FORM OF DETENTION
OR IMPRISONMENT
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
HAVING SEEN the chapter on
this topic in the Annual Report of the Permanent Council to the General
Assembly (AG/doc.4265/04 add. 3 corr. 1) and resolutions AG/RES. 1897
(XXXII-O/02) and AG/RES. 1927 (XXXIII-O/03);
BEARING IN MIND:
That consultations with the
member states on this subject have continued within the Committee on
Juridical and Political Affairs and that a number of them have replied
to the questionnaire prepared for that purpose (CP/CAJP-1853/01 rev. 1);
The presentation on December
4, 2003, of the Inter-American Commission on Human Rights (IACHR) to the
Committee on Juridical and Political Affairs (CP/CAJP-2096/03), pursuant
to resolution AG/RES. 1927 (XXXIII-O/03);
That the Fourth Meeting of
Ministers of Justice or of Ministers or Attorneys General of the
Americas decided to draft a document to protect the fundamental rights
of detained persons (REMJA-IV/doc.24/02 rev. 2); and
The recommendations of the
First Meeting of Officials Responsible for Penitentiary and Prison
Policies of the OAS Member States (GAPECA/doc.04/03), held in Washington
D.C., on October 16 and 17, 2003, and the recommendations for
hemispheric cooperation on penitentiary and prison policies issued at
the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys
General of the Americas, held in Washington, D.C., from April 28 to 30,
2004 (REMJA-V/doc.7/04 rev. 4); and
WELCOMING the strengthening by
the IACHR of the Special Rapporteurship on the Rights of Persons
Deprived of Freedom, through the appointment of a Special Rapporteur,
RESOLVES:
1. To instruct the
Permanent Council to continue studying the question of the rights and
the care of persons under any form of detention or imprisonment, in
cooperation with the competent organs and agencies of the inter-American
system and taking into account the conclusions and recommendations of
the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys
General of the Americas (REMJA-V/doc.7/04 rev. 4), including the report
of the First Meeting of Officials Responsible for Penitentiary and
Prison Policies of the OAS Member States (GAPECA/doc.04/03).
2. To urge those
member states that have not already done so to reply as soon as possible
to the questionnaire entitled: “Study of the Rights and the Care of
Persons under Any Form of Detention or Imprisonment” (CP/CAJP-1853/01
rev. 1).
3. To request the
Inter-American Commission on Human Rights (IACHR) to report on the
situation of persons under any form of detention or imprisonment in the
Hemisphere and to compile, using as a basis its work on the subject, the
regional and global parameters for detention and imprisonment policies
in the member states and to make reference to any problems and good
practices observed.
4. To encourage member states to
invite the Special Rapporteur on the Rights of Persons Deprived of
Freedom of the IACHR to visit their countries.
5. To call upon member
states to consider allocating more funds to the IACHR to enable it to
support the effective fulfillment of the mandate assigned to its Special
Rapporteur on the Rights of Persons Deprived of Freedom.
6. To reiterate to the
Permanent Council that, on the basis of the discussions held and the
studies conducted, it should consider the advisability of preparing, in
due course, an inter-American declaration on the rights and the care of
persons under any form of detention or imprisonment.
7. To request the
Permanent Council to report to the General Assembly at its thirty-fifth
regular session on the implementation of this resolution.
AG/RES.
2038 (XXXIV-O/04)
PREVENTION OF RACISM
AND ALL FORMS OF DISCRIMINATION AND
INTOLERANCE AND CONSIDERATION OF THE PREPARATION OF A
DRAFT INTER-AMERICAN CONVENTION
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report
of the Permanent Council to the General Assembly (AG/doc.4265/04 add. 3
corr. 1) and resolutions AG/RES. 1712 (XXX-O/00), AG/RES. 1774
(XXXI-O/01), AG/RES. 1905 (XXXII-O/02), and AG/RES. 1930 (XXXIII-O/03);
AWARE that the principles of
equality and nondiscrimination recognized in Articles 3.l and 45.a of
the Charter of the Organization of American States, in Article II of the
American Declaration of the Rights and Duties of Man, and in Article 2
of the Universal Declaration of Human Rights enshrine respect for the
human rights and fundamental freedoms of individuals specified therein,
without any distinction as to race, color, nationality, sex, language,
religion, political or other opinion, national or social origin,
property, birth, or any other status;
TAKING INTO ACCOUNT that the
preamble to the Declaration and Plan of Action of the Regional
Conference of the Americas, held in Santiago, Chile, in December 2000,
to prepare for the United Nations World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, held in
Durban, South Africa, in 2001, recognizes that “in spite of the efforts
made by States in the region, racism, racial discrimination, xenophobia
and related intolerance still persist in the Americas and continue to be
causes of suffering, disadvantage and violence, as well as of other
serious human rights violations, which must be fought by all available
means as a matter of the highest priority”;
CONSIDERING the report of the
Inter-American Juridical Committee on the preparation of a draft
Inter-American Convention against Racism and All Forms of Discrimination
and Intolerance, contained in its annual report (2001) (CP/doc.3545/02);
CONSIDERING ALSO the study
“Judicial System and Racism against Persons of African Descent,”
conducted by the Justice Studies Center of the Americas in response to
the mandate issued in resolution AG/RES. 1930 (XXXIII-O/03), the
conclusions of which indicate “that the invisibility of racist practices
and intolerance affecting people of African descent continues to be a
serious problem throughout the Americas” and point to the need to adopt
internal measures within the states to “prevent and eventually eliminate
racism and intolerance towards this group”; and
TAKING INTO ACCOUNT that
resolution AG/RES. 1905 (XXXII-O/02) instructed the Permanent Council,
inter alia, to “initiate the study of possible strategies for
promoting, through initiatives in the areas of education and justice
administration, public awareness campaigns, tolerance, and full and
effective equality for all persons in building pluralistic, inclusive
societies, on the understanding that national programs and international
cooperation should be encouraged,”
RESOLVES:
1. To urge member
states to step up efforts toward the adoption of effective measures, at
the national and regional levels, to fight the manifestations of racism
and all forms of discrimination and intolerance.
2. To receive with
satisfaction from the Inter-American Commission on Human Rights (IACHR)
document CP/CAJP-2116/04 corr. 1, concerning the preparation of the
study referred to in operative paragraph 3 of resolution AG/RES. 1930
(XXXIII-O/03), on the laws of the member states dealing with the
adoption of policies to promote equality or affirmative action.
3. To urge member
states that have not yet done so to reply to the request by the IACHR
for information on national legislation concerning the adoption of
policies to promote equality or affirmative action.
4. To request the
IACHR to continue to pay due attention, in the framework of inter-American
and international legal instruments currently in force, to the problems
generated by manifestations of racism, discrimination, and intolerance
in the Americas and to continue to intensify dialogue and cooperation
with the Special Rapporteur of the United Nations Commission on Human
Rights on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance and report on that cooperation in due
course to the Permanent Council.
5. To instruct the
organs, agencies, and entities of the Organization to include in their
annual reports to the General Assembly information on their efforts to
incorporate the perspective of promoting racial equality and the
principle of nondiscrimination into their policies, programs, projects,
and activities.
6. To instruct the
Permanent Council, through its Committee on Juridical and Political
Affairs, to:
a. Continue to address, as a matter
of priority, the subject of preventing, combating, and eradicating
racism and all forms of discrimination and intolerance;
b. Promote a special meeting,
attended by government experts, inter-American specialized organizations,
and nongovernmental organizations, at which a representative of the
Justice Studies Center of the Americas will present the conclusions of
the study “Judicial System and Racism against Persons of African Descent”
and there will be an exchange of experience and best practices in the
adoption of measures against racism and all forms of discrimination and
intolerance; and
c. Receive and analyze the
contributions mentioned in operative paragraphs 2 and 6.b of this
resolution, inter alia, as well as those of member states, the
Inter-American Commission on Human Rights, the Inter-American Court of
Human Rights, the Inter-American Juridical Committee, and civil society
organizations, with a view to examining existing national strategies for
fighting racial discrimination and to considering areas for
international cooperation against racism and all forms of discrimination,
including, inter alia, the possibility of an Inter-American
Convention against Racism and All Forms of Discrimination and
Intolerance.
7. To request the
Permanent Council to report to the General Assembly at its thirty-fifth
regular session on the implementation of this resolution.
AG/RES.
2039 (XXXIV-O/04)
PROMOTION OF THE INTERNATIONAL
CRIMINAL COURT/
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES.
1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1709 (XXX-O/00), AG/RES.
1770 (XXXI-O/01), AG/RES. 1771 (XXXI-O/01), AG/RES. 1900 (XXXII-O/02),
and AG/RES. 1929 (XXXIII-O/03);
RECALLING ALSO the
recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102,
Doc. 6 rev. April 16, 1999, Chapter VII, 21.3.B), as well as its
resolution N° 1/03, “On Trial for International Crimes,” and the
document “Framework for OAS Action on the International Criminal Court”
(AG/INF.248/00);
RECOGNIZING that the adoption
of the Statute of the International Criminal Court on July 17, 1998, in
Rome, is a milestone in efforts to combat impunity and that the Court is
an effective instrument for consolidating international justice;
CONCERNED over the persistent
violations of international humanitarian law and international human
rights law;
AFFIRMING that states have the
primary duty to prosecute and punish those violations so as to prevent
their recurrence and avoid the impunity of the perpetrators of those
crimes;
MINDFUL of the importance of
preserving the effectiveness and integrity of the Rome Statute of the
International Criminal Court;
WELCOMING the entry into force
of the Rome Statute of the International Criminal Court on July 1, 2002,
because as of that date the Court became a judicial body complementing
the efforts of national jurisdictions to prosecute the perpetrators of
the most serious international crimes, such as genocide, crimes against
humanity, and war crimes;
TAKING NOTE that June 30,
2004, is the deadline for signing the Agreement on Privileges and
Immunities of the International Criminal Court, and that only 11
countries in the American Hemisphere have signed it and one country has
ratified it;
RECOGNIZING that 139 states,
including 26 member states of the Organization of American States, have
signed the Rome Statute and that 94 states, including 19 member states
of the Organization, have ratified or acceded to it; and
EXPRESSING its satisfaction
with the holding of the Special Meeting of the Committee on Juridical
and Political Affairs on Promotion of and Respect for International
Humanitarian Law, at OAS headquarters on March 25, 2004, with regard to
which the Chair of the Committee prepared the report contained in
document DIH/doc.24/04,
RESOLVES:
1. To urge those
member states of the Organization that have not already done so to
consider ratifying or acceding to, as the case may be, the Rome Statute
of the International Criminal Court.
2. To urge all member
states of the Organization to continue to participate constructively,
even as observer states, in the Assembly of States Parties to the Rome
Statute of the International Criminal Court in order to ensure the best
possible operating environment for the Court, in a context of
unconditional defense of the integrity of the Rome Statute.
3. To urge the member
states of the Organization that are parties to the Rome Statute to adapt
and amend their domestic law, as necessary, with a view to the effective
application of the Statute.
4. To urge those
member states that are not party to the Rome Statute to adapt their
criminal legislation, in accordance with the treaties for the protection
of human rights and humanitarian law to which they are party.
5. To urge the member
states of the Organization that are not party to the Rome Statute to
consider signing and ratifying the Agreement on Privileges and
Immunities of the International Criminal Court, or acceding thereto, as
the case may be, and in the case of those states that are already party
to that Agreement to take the necessary measures for its effective
implementation at the national level.
6. To request the
Inter-American Juridical Committee to include on the agenda for the next
joint meeting with legal advisers of the foreign ministries of the
member states of the Organization a review of due implementation of the
Rome Statute and the Agreement on Privileges and Immunities in national
legislations.
7. To request the
Permanent Council to hold, with the support of the General Secretariat
and cooperation from the International Criminal Court, international
organizations, and nongovernmental organizations, a working meeting on
appropriate measures that states should take to cooperate with the
International Criminal Court in the investigation, prosecution, and
punishment of the perpetrators of war crimes, crimes against humanity,
genocide, and crimes against the administration of justice of the
International Criminal Court.
8. To request the
Permanent Council to include the topic of the implementation of the Rome
Statute and the Agreement on Privileges and Immunities on the agenda of
the Committee on Juridical and Political Affairs.
9. To urge member
states of the Organization to cooperate so as to avoid the impunity of
the perpetrators of the most serious international crimes, such as war
crimes, crimes against humanity, and genocide./
10. To request the
Permanent Council to follow up on this resolution, which will be
implemented within the resources allocated in the program-budget of the
Organization and other resources, and to present a report on its
implementation to the General Assembly at its thirty-fifth regular
session.
ANNEx
Statement by the Delegation of the United States
The United States has long
been concerned about the persistent violations of international
humanitarian law and international human rights law throughout the
world. We stand for justice and the promotion of the rule of law. The
United States will continue to be a forceful advocate for the principle
of accountability for war crimes, genocide and crimes against humanity,
but we cannot support the seriously flawed International Criminal
Court. Our position is that states are primarily responsible for
ensuring justice in the international system. We believe that the best
way to combat these serious offenses is to build and strengthen domestic
judicial systems and political will and, in appropriate circumstances,
work through the United Nations Security Council to establish ad hoc
tribunals as in Yugoslavia and Rwanda. Our position is that
international practice should promote domestic accountability. The
United States has concluded that the International Criminal Court does
not advance these principles.
The United States has not
ratified the Rome Statute and has no intention of doing so. This is
because we have strong objections to the International Criminal Court,
which we believe is fundamentally flawed. The International Criminal
Court claims jurisdiction over the nationals of states not party to the
agreement. It has the potential to undermine the role of the United
Nations Security Council in maintaining international peace and
security. We also object to the Court because it is not subject to
adequate checks and balances. We believe that an independent court with
unchecked power is open to abuse and exploitation. Its structure lends
itself to the great danger of politically-motivated prosecutions and
decisions. The inclusion of the still-undefined crime of aggression
within the statute of the Court creates the potential for conflict with
the United Nations Charter, which provides that the Security Council
determines when an act of aggression has occurred.
The United States notes that
in past decades several member states have reached national consensus
for addressing historic conflicts and controversies as part of their
successful and peaceful transition from authoritarian rule to
representative democracy. Indeed, some of those sovereign governments,
in light of new events, evolved public opinion, or stronger democratic
institutions, have decided on their own and at a time of their choosing
to reopen past controversies. These experiences provide compelling
support for the argument that member states–particularly those with
functioning democratic institutions and independent functioning judicial
systems–should retain the sovereign discretion to decide as a result of
democratic and legal processes whether to prosecute or to seek national
reconciliation by other peaceful and effective means. The United States
is concerned that the International Criminal Court has the potential to
undermine the legitimate efforts of member states to achieve national
reconciliation and domestic accountability by democratic means.
Our policy on the ICC is
consistent with the history of our policies on human rights, the rule of
law and the validity of democratic institutions. For example, we have
been a major proponent of the Special Court for Sierra Leone because it
is grounded in sovereign consent, combines domestic and international
participation in a manner that will generate a lasting benefit to the
rule of law within Sierra Leone, and interfaces with the Truth and
Reconciliation Commission to address accountability.
The United States has a unique
role and responsibility to help preserve international peace and
security. At any given time, U.S. forces are located in close to 100
nations around the world, for example, conducting peacekeeping and
humanitarian operations and fighting inhumanity. We must ensure that
our soldiers and government officials are not exposed to the prospect of
politicized prosecutions and investigations. Our country is committed
to a robust engagement in the world to defend freedom and defeat terror;
we cannot permit the ICC to disrupt that vital mission.
In light of this position, the
United States cannot in good faith join in the consensus on an OAS
resolution that promotes the Court.
AG/RES.
2041 (XXXIV-O/04)
OBSERVATIONS AND
RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
HAVING SEEN the observations
and recommendations of the Permanent Council on the Annual Report of the
Inter-American Commission on Human Rights (AG/doc.4321/04); and
CONSIDERING:
That, in the Charter of the
Organization of American States, the member 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;
and that, under the OAS Charter and the American Convention on Human
Rights, the principal function of the Inter-American Commission on Human
Rights is to promote the observance and protection of human rights; and
That in the Declaration of the
Third Summit of the Americas, held in Quebec City, the Heads of State
and of 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,”
RESOLVES:
1. To accept the
observations and recommendations of the Permanent Council on the annual
report of the Inter-American Commission on Human Rights
(AG/doc.4321/04); and to forward them to that organ.
2. To reaffirm the
essential value of the work carried out by the Inter-American Commission
on Human Rights, within its regulatory framework and with full autonomy,
to enhance the protection and promotion of human rights in the
Hemisphere.
3. To encourage OAS member
states to:
a. Consider signing and ratifying,
ratifying, or acceding to, as the case may be, all legal instruments of
the inter-American human rights system;
b. Follow up on the recommendations
of the Inter-American Commission on Human Rights; and
c. Continue to take appropriate
action in connection with the annual reports of the Inter-American
Commission on Human Rights, in the context of the Permanent Council and
the General Assembly.
4. To note with
satisfaction the decisions taken by governments of member states to
invite the Inter-American Commission on Human Rights to visit their
respective countries; and to encourage all member states to continue
this practice.
5. To instruct the
Permanent Council to continue to examine ways to bring about an
effective and adequate increase in the financial resources allocated to
the Inter-American Commission on Human Rights in the program-budget of
the Organization.
6. In addition, to
encourage member states to contribute to the Specific Fund for
Strengthening the Inter-American System for the Protection and Promotion
of Human Rights.
7. To invite the
Inter-American Commission on Human Rights to:
a. Continue to publish on its
Internet page, when member states so request, their observations and
recommendations on its annual report to the General Assembly;
b. Continue to strengthen existing
rapporteurships and operational units within the limits of its available
resources, in accordance with Article 15 of its Rules of Procedure; and
c. To continue to participate,
through its commissioners, in the dialogue with member states, in the
context of the Committee on Juridical and Political Affairs, in light of
the application of its new Rules of Procedure, especially to shed light
on the criteria used when applying its principal mechanisms for the
protection of human rights, such as precautionary measures, on-site
visits, publication of reports, friendly settlement procedures, time
periods for the review and initial processing of petitions, inter
alia.
8. To recommend to the
Inter-American Commission on Human Rights that it continue to take into
account the observations and recommendations of the member states on its
annual report and that it adopt such measures as it considers pertinent
based on such observations and recommendations.
9. To request the
Permanent Council to report to the General Assembly at its thirty-fifth
regular session on the implementation of this resolution, which will be
carried out within the resources allocated in the program-budget and
other resources.
AG/RES.
2043 (XXXIV-O/04)
OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
(Adopted at the fourth plenary session,
held on June 8, 2004)
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 (AG/doc.4325/04);
CONSIDERING:
That in the Declaration of the
Third Summit of the Americas, held in Quebec City, 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”;
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;
and
That Article 65 of the
American Convention on Human Rights establishes that “to each regular
session of the General Assembly of the Organization of American States
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”;
TAKING INTO ACCOUNT the
summary of the annual report of the Inter-American Court of Human Rights
for fiscal year 2003 (CP/CAJP-2131/04), the “Reflections on the
Inter-American Court of Human Rights based on the Report of Its Work
Presented to the Committee on Juridical and Political Affairs”
(CP/CAJP-2131/04 add. 1); and the proposed budget of the Inter-American
Court of Human Rights for 2005, contained in document AG/CP/doc.663/04;
TAKING INTO ACCOUNT ALSO the
proposal by the President of the Inter-American Court of Human Rights,
contained in document CP/CAJP-2131/04 add. 1, “to initiate an expanded
process of a shared review and examination, comprising the organs of the
OAS, the Court and the Commission, the states, and the Inter-American
Institute of Human Rights, civil society groups and institutions, and
external observers and academicians, which could all contribute to it
from their own perspective. This process, carried out in the way that
would best serve its proposed objectives, could lead to useful
suggestions on ways to correct, reform, advance, and consolidate. An
expanded, serious, and careful study, conducted with good will, could be
an excellent step forward in this new stage we are now embarking on.”;
and
TAKING NOTE OF Advisory
Opinion OC-18/03, “Legal Status and Rights of Undocumented Migrants,”
issued by the Inter-American Court of Human Rights on September 17,
2003,
RESOLVES:
1. To accept the
observations and recommendations of the Permanent Council on the Annual
Report of the Inter-American Court of Human Rights and to transmit them
to that organ.
2. To reaffirm the
essential value of the work of the Inter-American Court of Human Rights
in enhancing the promotion and defense of human rights in the
Hemisphere.
3. 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 decisions of the Court in all cases to
which they are party.
4. To reiterate the
need for states parties to provide the information requested by the
Court in order to enable it to fully meet its obligation to report to
the General Assembly on compliance with its judgments.
5. To reaffirm the
importance of the advisory function of the Inter-American Court of Human
Rights for the development of inter-American jurisprudence and
international human rights law and, in that context, to take note of
Advisory Opinion OC-18/03.
6. To instruct the
Permanent Council to continue its consideration of the issue of “Access
of victims to the Inter-American Court of Human Rights (ius standi)
and its application in practice,” including its financial and budgetary
implications, taking into account the report of the Inter-American Court
of Human Rights entitled “Bases for a Draft Protocol to the American
Convention on Human Rights to Strengthen Its Mechanism for Protection –
Volume II”; the proposal presented by the Government of Costa Rica,
“Draft Optional Protocol to the American Convention on Human Rights”;
and the revised Rules of Procedure of the Inter-American Court of Human
Rights and of the Inter-American Commission on Human Rights.
7. To instruct the
Permanent Council to continue to examine ways to bring about an
effective and adequate increase in the financial resources allocated to
the Inter-American Court of Human Rights in the program-budget of the
Organization.
8. In addition, to
encourage member states to contribute to the Specific Fund for
Strengthening the Inter-American System for the Protection and Promotion
of Human Rights.
9. To
urge member states to consider signing and ratifying, ratifying, or
acceding to, as the case may be, the American Convention on Human Rights
and other instruments of the system, including acceptance of the binding
jurisdiction of the Inter-American Court of Human Rights.
AG/RES. 2047 (XXXIV-O/04)
PROTECTION OF ASYLUM SEEKERS, REFUGEES, RETURNEES, AND
STATELESS PERSONS IN THE
AMERICAS
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
RECALLING its resolution AG/RES.
1971 (XXXIII-O/03), “The Protection of Refugees, Returnees, and
Stateless and Internally Displaced Persons in the Americas,” and 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), AG/RES.1602 (XXVIII-O/98), AG/RES. 1693 (XXIX-O/99),
AG/RES. 1762 (XXX-O/00), AG/RES. 1832 (XXXI-O/01), and AG/RES. 1892 (XXXII-O/02);
WELCOMING the accession by
Saint Vincent and the Grenadines to the 1967 Protocol relating to the
Status of Refugees, with which a total of 29 OAS member states that are
party to the 1951 Convention relating to the Status of Refugees and/or
to its 1967 Protocol;
WELCOMING ALSO the adoption of
domestic regulations to determine refugee status in Venezuela, Paraguay,
Peru, and Uruguay, and the fact that thus far a total of 21 countries of
the Hemisphere have in place domestic legislation pertaining to refugees,
and that four other countries of the Hemisphere have existing bills
pertaining to refugees;
NOTING WITH CONCERN the
significant increase in asylum seekers and the existence of a large
number of refugees in some countries of the Americas who, owing to a
well-founded fear of persecution for reasons of race, religion,
nationality, membership of a particular social group or political
opinion, are outside the country of their nationality and are unable or,
owing to such fear, are unwilling to avail themselves of the protection
of that country; or who, not having a nationality and being outside the
country of their former habitual residence as a result of such events,
are unable or, owing to such fear, are unwilling to return to it;
NOTING the presentation made
by the Office of the United Nations High Commissioner for Refugees
(UNHCR) to the Permanent Council on May 14, 2004, entitled
“International Protection of Asylum Seekers, Refugees, Internally
Displaced Persons, Stateless Persons, and Other Persons of Interest to
the UNHCR in the Americas: Importance of International Solidarity and
Shared Responsibility”;
RECOGNIZING the importance of
efforts that could be made by countries of origin, with the support of
the international community, to address the circumstances that generate
flows of persons fleeing to seek asylum;
RECOGNIZING ALSO that the
protection of refugees is a responsibility shared by the entire
international community and that durable solutions depend on the will
and capacity of states, guided by a spirit of humanitarianism and
international solidarity;
UNDERSCORING that to promote
enhanced protection for refugees, comprehensive strategies and
coordinated actions are needed that include, among other aspects,
voluntary repatriation and, when appropriate and feasible, local
integration or resettlement in a third country, in a context of
increasing solidarity and effective cooperation among all states, in
keeping with the pertinent international conventions;
EMPHASIZING the efforts being
made, even under difficult socioeconomic circumstances, by the countries
of the region, faithful to their generous tradition of asylum, to
continue giving protection to asylum seekers and to refugees;
CONSIDERING:
That the protection of asylum
seekers, refugees, and stateless persons is strengthened through the
increasing cooperation between the pertinent organs of the inter-American
system, the UNHCR, and other pertinent players, as well as through
support for programs that are carried out by governments for the
protection of refugees; and
The importance of
international dialogue, solidarity, and cooperation among the states and
the international community to strengthen the international framework
for the protection of refugees and to address new challenges; and
NOTING WITH PLEASURE the
support of the UNHCR for the organization of events to commemorate the
20th anniversary of the 1984 Cartagena Declaration on
Refugees, as well as the collaboration of the Government of Mexico as
host country for that celebration in November 2004,
RESOLVES:
1. To urge the states
parties to take or continue to take the necessary measures to strengthen
refugee protection and make it more effective, including, inter alia,
the adoption and implementation of national provisions pertaining to
refugees and stateless persons and procedures for the determination of
refugee status and for the treatment of asylum seekers and refugees, and
to continue to implement fully and effectively their obligations under
the 1951 Convention relating to the Status of Refugees and/or its 1967
Protocol, and, where applicable, under the 1954 Convention relating to
the Status of Stateless Persons, the 1961 Convention on the Reduction of
Statelessness, and other international and regional instruments, taking
into account the special needs of vulnerable groups, such as women,
children, persons with disabilities, and the elderly.
2. To urge those
member states that have not yet done so to consider signing, ratifying,
or acceding to, as the case may be, the international instruments on
refugees and stateless persons or to consider withdrawing reservations
made upon ratification or accession, as well as the adoption of
necessary procedures and institutional mechanisms for the determination
of refugee status and for the treatment of asylum seekers and refugees,
in keeping with the principles established in the international and
regional instruments, as applicable.
3. To encourage
countries of origin to make every possible effort, with support from the
Office of the United Nations High Commissioner for Refugees (UNHCR) and
the international community, to address the circumstances that generate
flows of persons fleeing to seek asylum.
4. To urge member
states to continue to apply protection measures that are consistent with
international principles of international refugee protection, including,
inter alia, non-refoulement, family unity, and confidentiality in
cases of asylum.
5. To call on member
states and the international community to increase technical and
economic cooperation to the countries of the Hemisphere that receive
refugees and that so require, and to work in cooperation with the UNHCR
to provide effective protection to asylum seekers and refugees in the
region.
6. To renew its appeal
for international and inter-American cooperation to facilitate necessary
assistance and protection in cases of mass flows of refugees as well as
the search for durable solutions such as voluntary repatriation and,
when appropriate and feasible, the local integration or resettlement of
refugees in a third country, in accordance with international and
regional instruments, as applicable.
7. To urge member
states and to request the organs, agencies, and entities of the inter-American
system to continue and increase their support for the UNHCR.
AG/RES.
2052 (XXXIV-O/04)
PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN
LAW[9]/
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
REAFFIRMING the principles and purposes of
the Charter of the Organization of American States and the Charter of
the United Nations;
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), AG/RES. 1706 (XXX-O/00), AG/RES. 1771
(XXXI-O/01), AG/RES. 1900 (XXXII-O/02), AG/RES. 1904 (XXXII-O/02),
AG/RES. 1929 (XXXIII-O/03), and AG/RES. 1944 (XXXIII-O/03);
DEEPLY CONCERNED over persistent
violations of international humanitarian law affecting the world’s
civilian populations, in particular children and women;
AWARE that the aim of international
humanitarian law is the protection of the civilian population and all
persons affected by armed conflict and that it also establishes that the
right of parties in armed conflict to choose the methods and means of
war is not unlimited;
TAKING INTO ACCOUNT the commitments made
by the international community as set forth in the Declaration and
Agenda for Humanitarian Action of the 28th International
Conference of the Red Cross and Red Crescent, held in Geneva,
Switzerland, from December 2 to 6, 2003;
REAFFIRMING the importance of establishing
measures to strengthen the role of the OAS in disseminating and
promoting the application of international humanitarian law in the
region;
RECALLING that it is the obligation of all
states to respect and ensure respect, in all circumstances, for the 1949
Geneva Conventions and, for the states that are party thereto, the
provisions contained in the 1977 Additional Protocols to those
conventions, as well as the provisions and general principles
established in international humanitarian law;
REITERATING the need for states to adopt
legislative, administrative, educational, and practical measures for the
application, at the national level, of international humanitarian law;
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, where applicable, the
Additional Protocols thereto, as well as the other instruments of
international humanitarian law, are incorporated into the domestic law
of states parties to those instruments, so as to ensure proper
compliance with and dissemination of those instruments;
AWARE of the need to prevent impunity and
to bring to justice those responsible for war crimes, crimes against
humanity, and other grave breaches of international humanitarian law;
RECALLING that the Rome Statute of the
International Criminal Court defines the war crimes and crimes against
humanity that the states parties thereto commit to punishing;
NOTING the growing number of ratifications
of the Statute of the International Criminal Court;
EXPRESSING ITS SATISFACTION with the
adoption of United Nations Security Council resolution 1502 (2003),
which urged all those concerned, as set forth in international
humanitarian law, to allow full unimpeded access by humanitarian
personnel to all people in need of assistance;
EXPRESSING ALSO ITS SATISFACTION with the
Meeting of National Committees on
International Humanitarian Law in the Americas, held in Antigua,
Guatemala, from August 27 to 29, 2003;
NOTING the Regional Meeting of Legal
Advisers of the Armed Forces, held in Lima, Peru, on April 28 and 29,
2004;
CONCERNED over the disappearance of
persons and the taking of hostages, particularly during armed conflict,
and the suffering this causes to families and loved ones during and
after the conflict;
UNDERSCORING the need to protect cultural
property from the effects of armed conflicts;
TAKING NOTE of the adoption of a new
protocol on explosive remnants of war by the states parties to the 1980
United Nations 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;
UNDERSCORING 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; and
EXPRESSING ITS SATISFACTION with the
special meeting of the Committee on Juridical and Political Affairs on
promotion of and respect for international humanitarian law, held on
March 25, 2004, at the headquarters of the Organization, with the
participation of Dr. Luis Moreno Ocampo, Prosecutor of the International
Criminal Court,
RESOLVES:
1.
To urge the member states
and all parties engaged in an armed conflict to honor their obligations
under international humanitarian law, especially those that refer to
protection of the civilian population and the treatment of prisoners of
war.
2. To
urge all member states of the Organization that have not yet done so to
consider becoming party to the following treaties:
a. The
1977 Additional Protocols I and II to the 1949 Geneva Conventions; and
that they consider making the declaration contemplated in Article 90 of
Protocol I;
b. The
1998 Rome Statute of the International Criminal Court;
c. The
1997 Convention on the Prohibition of the Use, Stockpiling, Production
and Transfer of Antipersonnel Mines and on Their Destruction;
d. 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, including the amendment to its Article I
adopted in 2001 and its five protocols;
e. The
1954 Hague Convention for the Protection of Cultural Property in the
Event of Armed Conflict, its 1954 Protocol, and its 1999 Second Protocol,
on enhanced protection;
f. The
1989 Convention on the Rights of the Child and its Optional Protocol on
the involvement of children in armed conflict, which includes their
participation in hostilities and their recruitment into armed forces and
armed groups;
g. The
1997 Inter-American Convention against the Illicit Manufacturing of and
Trafficking in Firearms, Ammunition, Explosives, and Other Related
Materials (CIFTA); and
h. The
1994 Convention on the Safety of United Nations and Associated Personnel.
3. To
exhort the member states to respect and ensure respect for the basic
provisions of international humanitarian law set forth in Article 3
common to the Geneva Conventions, and to call upon the parties in
conflict to apply, as a minimum, those provisions in the event of armed
conflict that is not of an international nature.
4. To
urge member states to consider adopting the appropriate measures, at the
national level, to address the grave humanitarian consequences of the
unregulated availability of arms, including the enactment of domestic
laws aimed at strengthening control over the manufacturing of and
illicit trafficking in firearms, ammunition, and other related materials,
and to bear in mind the Programme of Action adopted at the United
Nations Conference on the Illicit Trade in Small Arms and Light Weapons
in All Its Aspects (New York, July 9-20, 2001).
5. To
urge states, in accordance with international legal obligations they
have assumed, to pay special attention both in times of peace and in
times of armed conflict to the obligation, in the study, development,
acquisition, or adoption of new weapons or new means or methods of
warfare, to determine whether their use would be contrary to
international humanitarian law, and, in that event, neither to adopt
them for use by the armed forces nor to manufacture them for such
purposes.
6. To
call upon the member states to implement effective mechanisms to follow
up on family reunification programs and search programs for persons
reported as missing in circumstances of armed conflicts or other
situations of violence.
7. To
urge member states to apply the necessary measures to protect cultural
property from the effects of armed conflict, such as the identification,
registration, or distinctive marking of such property.
8. To
urge member states to consider establishing, if they have not yet done
so, national committees or commissions on international humanitarian law
to ensure effective coordination and the applicability of measures to
prevent, disseminate, and apply international humanitarian law, with the
support of the International Committee of the Red Cross.
9. To
urge member states, and all those concerned, as set forth in
international humanitarian law, to allow full unimpeded access by
humanitarian personnel to all people in need of assistance, in keeping
with United Nations Security Council resolution 1502 (2003).
10. To
invite the states parties to the Rome Statute to define in their
criminal legislation, in addition to crimes that must be repressed under
other international humanitarian law treaties, those set forth in the
Statute, and to adopt all measures necessary to cooperate effectively
with the International Criminal Court.
11. To
urge member states to adopt the necessary measures to implement, at the
national level, the provisions contained in the instruments of
international humanitarian law to which they are party, enlisting, if
necessary, the technical assistance of the ICRC, and to bring about the
widest possible dissemination of international humanitarian law
throughout the population, particularly among the armed forces and
security forces, by including it in military doctrine and manuals, and
official instruction programs.
12. To
call upon member states to consider promoting and applying the Agenda
for Humanitarian Action, adopted at the 28th International
Conference of the Red Cross and Red Crescent.
13. To
invite member states to contribute to the search for solutions to the
humanitarian problem associated with the use of mines other than
antipersonnel mines.
14. To
request the General Secretariat to continue to organize, through the
Secretariat for Legal Affairs and in coordination with the ICRC,
governmental conferences to disseminate and reinforce the implementation
of international humanitarian law and related inter-American conventions.
15. To
instruct the Permanent Council to continue to organize, with support
from the General Secretariat and in cooperation with the ICRC, special
meetings on topical issues in the area of international humanitarian law.
16. To
instruct the Permanent Council to present a report to the General
Assembly at its thirty-fifth regular session on the implementation of
this resolution.
ANNEX
Statement by the Delegation of the United States
The United States has long been concerned
about the persistent violations of international humanitarian law and
international human rights law throughout the world. We stand for
justice and the promotion of the rule of law. The United States will
continue to be a forceful advocate for the principle of accountability
for war crimes, genocide and crimes against humanity, but we cannot
support the seriously flawed International Criminal Court. Our position
is that states are primarily responsible for ensuring justice in the
international system. We believe that the best way to combat these
serious offenses is to build and strengthen domestic judicial systems
and political will and, in appropriate circumstances, work through the
United Nations Security Council to establish ad hoc tribunals as in
Yugoslavia and Rwanda. Our position is that international practice
should promote domestic accountability. The United States has concluded
that the International Criminal Court does not advance these principles.
The United States has not ratified the
Rome Statute and has no intention of doing so. This is because we have
strong objections to the International Criminal Court, which we believe
is fundamentally flawed. The International Criminal Court claims
jurisdiction over the nationals of states not party to the agreement.
It has the potential to undermine the role of the United Nations
Security Council in maintaining international peace and security. We
also object to the Court because it is not subject to adequate checks
and balances. We believe that an independent court with unchecked power
is open to abuse and exploitation. Its structure lends itself to the
great danger of politically-motivated prosecutions and decisions. The
inclusion of the still-undefined crime of aggression within the statute
of the Court creates the potential for conflict with the United Nations
Charter, which provides that the Security Council determines when an act
of aggression has occurred.
The United States notes that in past
decades several member states have reached national consensus for
addressing historic conflicts and controversies as part of their
successful and peaceful transition from authoritarian rule to
representative democracy. Indeed, some of those sovereign governments,
in light of new events, evolved public opinion, or stronger democratic
institutions, have decided on their own and at a time of their choosing
to reopen past controversies. These experiences provide compelling
support for the argument that member states–particularly those with
functioning democratic institutions and independent functioning judicial
systems–should retain the sovereign discretion to decide as a result of
democratic and legal processes whether to prosecute or to seek national
reconciliation by other peaceful and effective means. The United States
is concerned that the International Criminal Court has the potential to
undermine the legitimate efforts of member states to achieve national
reconciliation and domestic accountability by democratic means.
Our policy on the ICC is consistent with
the history of our policies on human rights, the rule of law and the
validity of democratic institutions. For example, we have been a major
proponent of the Special Court for Sierra Leone because it is grounded
in sovereign consent, combines domestic and international participation
in a manner that will generate a lasting benefit to the rule of law
within Sierra Leone, and interfaces with the Truth and Reconciliation
Commission to address accountability.
The United States has a unique role and
responsibility to help preserve international peace and security. At
any given time, U.S. forces are located in close to 100 nations around
the world, for example, conducting peacekeeping and humanitarian
operations and fighting inhumanity. We must ensure that our soldiers
and government officials are not exposed to the prospect of politicized
prosecutions and investigations. Our country is committed to a robust
engagement in the world to defend freedom and defeat terror; we cannot
permit the ICC to disrupt that vital mission.
In light of this position, the United
States cannot in good faith join in the consensus on an OAS resolution
that promotes the Court.
Furthermore, the United States has not
acceded to the 1997 Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Antipersonnel Mines and on their
Destruction, or the “Ottawa Convention,” and does not intend to do so.
In light of this position, the United States cannot in good faith join
in the consensus on an OAS resolution that promotes the Ottawa
Convention.
AG/RES.
2055 (XXXIV-O/04)
INTERNALLY DISPLACED PERSONS
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
RECALLING its
resolutions AG/RES. 1971 (XXXIII-O/03), “The Protection of Refugees,
Returnees, and Stateless and Internally Displaced Persons in the
Americas”; and 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); AG/RES. 1602 (XXVIII-O/98);
and AG/RES. 1892 (XXXII-O/02);
REITERATING the
principles established in the Inter-American Democratic Charter,
especially those referred to in its Chapter III, “Democracy, Integral
Development, and Combating Poverty;
RECALLING the pertinent international norms on human
rights, humanitarian law, and refugee law, and recognizing that the
protection of internally displaced persons has been reinforced by the
identification, reaffirmation, and consolidation of specific protective
standards, in particular the Guiding Principles on Internal
Displacement, prepared by the Representative of the United Nations
Secretary-General on Internally Displaced Persons;
RECALLING ALSO that, according to the those guiding
principles, internally displaced persons are “persons or groups of
persons who have been forced or obliged to flee or to leave their homes
or places of habitual residence, in particular as a result of or in
order to avoid the effects of armed conflict, situations of generalized
violence, violations of human rights or natural or human-made disasters,
and who have not crossed an internationally recognized State border”;
EMPHASIZING that the states have the primary
responsibility to provide protection and assistance to internally
displaced persons within their jurisdiction, as well as to address, as
appropriate, the root causes of the internal displacement problem and to
do so, when so required, in cooperation with the international
community;
TAKING NOTE that several countries in the
Hemisphere are using the Guiding Principles on Internal Displacement,
prepared by the Representative of the United Nations Secretary-General
on Internally Displaced Persons, including those on the development of
national policies and strategies;
UNDERSCORING the holding of the Regional
Seminar on Internal Displacement in the Americas, in Mexico City in
February 2004, which made it possible to evaluate and identify possible
solutions to the problem of internal displacement in the region;
TAKING INTO ACCOUNT that the
problem of internally displaced persons is of significant proportions
and that their needs, particularly with regard to protection and
assistance, require immediate attention;
UNDERSCORING the importance of
implementing effective policies for preventing and averting forced
internal displacement and for protecting and assisting internally
displaced persons during displacement, their return or resettlement, and
their reintegration;
UNDERSCORING ALSO that to promote enhanced
protection for internally displaced persons, comprehensive strategies
and lasting solutions are needed, which include, among other aspects,
the safe and voluntary return of internally displaced persons, promotion
and protection of their human rights, and their resettlement and
reintegration, either in their place of origin or in the receiving
community; and
REAFFIRMING the importance of
international cooperation, both from governments and from civil society
institutions and organizations, in addressing fully and effectively the
needs of internally displaced persons,
RESOLVES:
1. To urge member
states to include, as appropriate, in their sectoral plans and programs
the special needs of internally displaced persons.
2. To appeal to member
states to consider the Guiding Principles on Internal Displacement,
prepared by the Representative of the United Nations Secretary-General
on Internally Displaced Persons, in designing public policy on this
matter.
3. To urge member
states to make every effort, as far as possible, with the support of the
United Nations High Commissioner for Refugees, other international
organizations, and the international community, to address the root
causes of the internal displacement of persons.
4. To encourage member
states to provide, on the basis of comprehensive and lasting strategies,
protection and assistance to internally displaced persons and to
facilitate the efforts of and access by appropriate United Nations
agencies, as well as humanitarian organizations.
AG/RES.
2057 (XXXIV-O/04)
ACCESS TO PUBLIC INFORMATION: STRENGTHENING DEMOCRACY[10]/
(Adopted at the fourth plenary session,
held on June 8, 2004)
THE GENERAL ASSEMBLY,
HAVING SEEN the Report of the
Permanent Council to the General Assembly on the Status of
Implementation of Resolution AG/RES. 1932 (XXXIII-O/03), “Access to
Public Information: Strengthening Democracy” (AG/doc.4339/04);
CONSIDERING that Article 13 of
the American Convention on Human Rights provides that “[e]veryone
has the right to freedom of thought and expression. This right includes
freedom to seek, receive, and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing, in print, in the
form of art, or through any other medium of one's choice”;
CONSIDERING ALSO that Article
19 of the Universal Declaration of Human Rights includes the freedom “to
seek, receive and impart information and ideas through any media and
regardless of frontiers”;
RECALLING that the Plan of
Action of the Third Summit of the Americas, held in Quebec City in 2001,
indicates that governments will ensure that national legislation is
applied equitably to all, respecting freedom of expression and access to
information of all citizens;
EMPHASIZING that Article 4 of the Inter-American
Democratic Charter states that transparency
in government activities, probity, responsible public administration on
the part of governments, respect for social rights, and freedom of
expression and of the press are essential components of the exercise of
democracy;
NOTING that, in the
Declaration of Nuevo León, the Heads of State and Government affirmed
that access to information held by the state, subject to constitutional
and legal norms, including those on privacy and confidentiality, is an
indispensable condition for citizen participation and promotes effective
respect for human rights, and, in that connection, that they are
committed to providing the legal and regulatory framework and the
structures and conditions required to guarantee the right of access to
public information;
BEARING IN MIND the adoption
of the Declaration of Santiago on Democracy and Public Trust: A New
Commitment to Good Governance for the Americas” [AG/DEC. 31 (XXXIII-O/03)],
as well as resolution AG/RES. 1960 (XXXIII-O/03), “Program for
Democratic Governance in the Americas”;
CONSIDERING that the Inter-American
Agency for Cooperation and Development (IACD) has been identifying and
facilitating access by member state governments to e-government
practices that facilitate information and communications technology
applications in governmental processes;
CONSIDERING ALSO that the Unit
for the Promotion of Democracy (UPD) has been providing support to
member state governments in dealing with the topic of access to public
information;
NOTING the work accomplished
by the Inter-American Juridical Committee (CJI) on this issue, in
particular, the document “Right to Information: Access to and
Protection of Information and Personal Data in Electronic Format,”
presented by Dr. Jonathan Fried (CJI/doc.25/00 rev. 1);
RECOGNIZING that
the goal of achieving an informed citizenry must be rendered compatible
with other societal aims, such as safeguarding national security, public
order, and protection of personal privacy, pursuant to laws passed to
that effect;
RECOGNIZING ALSO that democracy is strengthened through full
respect for freedom of expression, access to public information, and the
free dissemination of ideas, and that all sectors of society, including
the media, through the public information they disseminate to the
citizenry, may contribute to a climate of tolerance of all views, foster
a culture of peace, and strengthen democratic governance;
TAKING NOTE of
the Declaration of Principles on Freedom of Expression of the Inter-American
Commission on Human Rights; and
RECALLING
initiatives taken by civil society regarding access to public
information, in particular, the Declaration of Chapultepec, the
Johannesburg Principles, the Lima Principles,
and the Declaration of the SOCIUS Peru 2003: Access to Information,
RESOLVES:
1. To reaffirm that
everyone has the freedom to seek, receive, access, and impart
information and that access to public information is a requisite for the
very exercise of democracy.
2. To reiterate
that states are obliged to respect and promote respect for everyone’s
access to public information and to promote the adoption of any
necessary legislative or other types of provisions to ensure its
recognition and effective application.
3. To encourage member
states, in keeping with the commitment made in the Declaration of Nuevo
León and with due respect for constitutional and legal provisions, to
prepare and/or adjust their respective legal and regulatory frameworks,
as appropriate, so as to provide the citizenry with broad access to
public information.
4. To urge member
states to take into consideration clear and transparent criteria for
exemptions when drafting up and adapting their domestic legislation.
5. To encourage
member states to take the necessary measures, through their respective
national legislation and other appropriate means, to facilitate the
electronic availability of public information.
6. To instruct the
Special Rapporteurship for Freedom of Expression of the Inter-American
Commission on Human Rights (IACHR) and the Unit for the Promotion of
Democracy to:
a. Support the efforts of member
states that so request in drafting legislation and developing mechanisms
in the area of access to public information and citizen participation;
and
b. Assist the Permanent Council in
the preparatory work for the special meeting mentioned in paragraph 9.a.
7. To instruct the Special
Rapporteurship for Freedom of Expression to continue to report on the
situation regarding access to public information in the region in the
annual report of the IACHR.
8. To instruct the
Inter-American Agency for Cooperation and Development (IACD) to identify
new resources to support member states’ efforts to facilitate access to
public information.
9. To recommend to the
Permanent Council that it:
a. Convene a special meeting with
the participation of experts from the states and civil society
representatives to promote, impart, and exchange experiences and
knowledge with respect to access to public information and its
relationship with citizen participation; and
b. On the basis of the report of the
special meeting, and through the Committee on Juridical and Political
Affairs, prepare a basic document on best practices and the development
of common approaches or guidelines for increasing access to public
information.
10. To request the
Permanent Council to report to the General Assembly at its thirty-fifth
regular session on the implementation of this resolution, which will be
carried out in accordance with the resources allocated in the program-budget
of the Organization and other resources.
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