ANNUAL REPORT OF THE IACHR 2006
AG/RES. 2230
(XXXVI-O/06)
PROGRAM OF ACTION
FOR THE DECADE OF THE AMERICAS
FOR THE RIGHTS AND
DIGNITY OF PERSONS WITH DISABILITIES (2006-2016)
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1249 (XXIII-O/93) and AG/RES. 1356 (XXV-O/95),
“Situation of Persons with Disabilities in the American Hemisphere”; and
AG/RES. 1369 (XXVI-O/96), “Panama Commitment to Persons with
Disabilities in the American Hemisphere”;
TAKING INTO ACCOUNT that, in the Plan of Action of the Fourth Summit of
the Americas (Mar del Plata, Argentina, November 5, 2005), the Heads of
State and Government instructed the Organization of American States
(OAS) to “consider at the next OAS period of regular sessions of the
General Assembly to be held in the Dominican Republic, a Declaration on
the Decade of the Americas for Persons with Disabilities (2006-2016),
together with a program of action”;
REITERATING the continuing need to promote the right of
persons with disabilities to participate fully in the social life and
the development of their societies and to enjoy living conditions on an
equal basis with others, as well as the improvement of living conditions
as a result of social and economic development, with respect for their
special needs;
RECOGNIZING that our region has produced regional instruments and
policies, such as the Inter-American Convention on the Elimination of
All Forms of Discrimination against Persons with Disabilities and the
Declaration of the Ibero-American Year of Persons with Disabilities,
which need to be promoted and implemented through a region-wide program
of action, which will also help to fight inequality in the region;
RECALLING
other important international instruments, such as the Declaration on
the Rights of Mentally Retarded Persons (United Nations General Assembly
resolution 2856 (XXVI), December 20, 1971); the United Nations
Declaration on the Rights of Disabled Persons (United Nations General
Assembly resolution 3447 (XXX), December 9, 1975); the World Programme
of Action concerning Disabled Persons (United Nations General Assembly
resolution 37/52, December 3, 1982); the Vocational Rehabilitation and
Employment (Disabled Persons) Convention of the International Labour
Organization - ILO (Convention No. 159); Recommendation Nº 168 of the
ILO (1983); the Principles for the Protection of Persons with Mental
Illness and for the Improvement of Mental Health Care (United Nations
General Assembly resolution 46/119, December 17, 1991); and the Standard
Rules on the Equalization of Opportunities for Persons with Disabilities
(United Nations General Assembly resolution 48/96, December 20, 1993);
and recalling the ongoing work of the Ad Hoc
Committee on a Comprehensive and Integral International Convention on
the Protection and Promotion of the Rights and Dignity of Persons with
Disabilities (2001), all of which provide a working basis for
long-term efforts, in a framework of inclusive development and with a
focus on rights;
BEARING IN MIND the “Declaration on the Decade of the Americas for the
Rights and Dignity of Persons with Disabilities (2006-2016)” [AG/DEC. 50
(XXXVI-O/06)], adopted by the General Assembly at the present regular
session, which will provide a genuine, meaningful impetus to activities
related to equal opportunity for persons with disabilities, as well as
to the prevention of disabilities and the rehabilitation of persons with
disabilities at all levels; and
TAKING NOTE of the document entitled “Draft Program of
Action for the Decade of the Americas for Persons with Disabilities
(2006-2016),” presented by Peru (CP/CAJP-2362/06 corr. 1),
RESOLVES:
1. To request the Permanent Council to establish, in
the framework of the Committee on Juridical and Political Affairs, a
working group to prepare a Program of Action for the Decade of the
Americas for the Rights and Dignity of Persons with Disabilities
(2006-2016), taking into account the document entitled “Draft Program of
Action for the Decade of the Americas for Persons with Disabilities
(2006-2016),” presented by Peru (CP/CAJP-2362/06 corr. 1), as well as
the inputs received at the special meeting referred to in operative
paragraph 3 of this resolution. The final document will be submitted to
the General Assembly at its thirty-seventh regular session for adoption.
2. To thank Peru for its presentation of the
document entitled “Draft Program of Action for the Decade of the
Americas for Persons with Disabilities (2006-2016).”
3. To request the Working Group to hold a special meeting during
the second half of 2006 to receive inputs on the Draft Program of Action
from the member states of the Organization of American States (OAS),
from the pertinent OAS organs, agencies, and entities, from other
regional and international bodies, and from civil society organizations,
including organizations of persons with disabilities and their families.
4. To request the General Secretariat to provide,
through the Office of International Law of the Department of
International Legal Affairs, the broadest possible support for the
Working Group’s activities.
5. To instruct 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-seventh regular session.
AG/RES. 2231
(XXXVI-O/06)
PERSONS WHO HAVE
DISAPPEARED AND ASSISTANCE
TO MEMBERS OF THEIR FAMILIES
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1904 (XXXII-O/02), AG/RES.
1944 (XXXIII-O/03), AG/RES. 2052 (XXXIV-O/04), AG/RES. 2127 (XXXV-O/05),
and AG/RES. 2134 (XXXV-O/05);
TAKING
INTO ACCOUNT that the problem of missing persons and assistance to
members of their families is addressed in both international
humanitarian law and international human rights law within their
respective spheres of application, their legal frameworks being distinct;
DEEPLY
CONCERNED over the suffering caused both by the disappearance of persons
as a result of armed conflict or other situations of armed violence and
by forced disappearances;
RECOGNIZING the need to alleviate the anxiety and uncertainty suffered
by the relatives of persons who are presumed to have disappeared;
MINDFUL
of the need to prevent the disappearance of persons, to ascertain the
fate of those who have disappeared, and to respond to the needs of
members of their families, both in situations of armed conflict or other
situations of armed violence and in cases of forced disappearances;
BEARING
IN MIND resolution 59/189, “Missing Persons,” adopted by the United
Nations General Assembly on December 20, 2004; resolution 2005/66,
“Right to the Truth,” adopted by the United Nations Commission on Human
Rights on April 20, 2005; resolution 2005/26, “Human Rights and Forensic
Science,” adopted by the United Nations Commission on Human Rights on
April 19, 2005; and the Basic Principles and Guidelines on the Right to
a Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian
Law, adopted by the United Nations General Assembly on December 16,
2005;
RECALLING
the Declaration and Agenda for Humanitarian Action adopted by resolution
1 of the 28th International Conference of the Red Cross and Red Crescent,
held in Geneva, Switzerland, from December 2 to 6, 2003, which address
the question of persons missing as a result of an armed conflict or
other situations of armed violence;
RECALLING
ALSO the Inter-American Convention on Forced Disappearance of Persons,
adopted on June 9, 1994;
CONVINCED
that compliance with international humanitarian law by all parties
involved in an armed conflict would, in large measure, prevent
disappearances, and also convinced that the member states are duty-bound
to observe and protect human rights in order to prevent forced
disappearances; and
CONVINCED
ALSO of the need to continue to apply or to develop effective national
mechanisms for preventing, and applying sanctions for, the disappearance
of persons and for searching for and locating missing persons,
RESOLVES:
1.
To
urge all parties involved in armed conflict or other situations of armed
violence to prevent the disappearance of persons, in accordance with the
provisions of international humanitarian law, as applicable; and
likewise to urge member states to observe and protect human rights, in
order to prevent forced disappearances.
2.
To
encourage member states to continue moving forward in preventing the
forced disappearance of persons by considering, where appropriate, the
adoption of laws, regulations, and/or instructions requiring the
establishment of official registries in which records will be kept of
all detained persons, among other reasons to allow, as appropriate,
family members, other interested persons, judicial authorities, and/or
bodies that have a recognized mandate to protect detainees to learn,
within a short period of time, of any detention that has taken place,
all of the foregoing without interfering with appropriate communications
between detainees and their families.
3.
To
urge member states to shed light on the fate of persons who have
disappeared, to establish registry systems to collect and centralize
information on persons presumed to have disappeared, to take appropriate
measures to guarantee an impartial investigation by the competent
authorities, and to involve the families of presumed disappearance
victims in the efforts to clarify what has happened to them.
4.
To
encourage member states to address as fully as possible the
psychological, social, legal, and material needs of the families of
presumed victims of disappearances through measures including, where
appropriate, provision of periodic information to relatives on the
efforts to cast light on the fate of the disappeared and on their
whereabouts.
5.
To
encourage member states to consider enacting, as applicable, domestic
laws that recognize the situation of the families of disappearance
victims, taking into account the specific needs and particular interests
of women heads of household and children, including the consequences of
disappearances on property management, child custody, parental rights,
and marital status, as well as devising adequate compensation programs.
6.
To
urge member states to treat human remains appropriately, in compliance
with the legal standards and professional ethics applicable to their
handling and exhumation, in order to successfully identify them and
issue death certificates.
7.
To
urge member states to punish those guilty of violating the provisions of
international human rights law and international humanitarian law
applicable to the disappearance of persons and, in particular, to forced
disappearances.
8.
To
urge member states to guarantee adequate protection of the personal data
gathered in connection with disappeared persons, in accordance with the
law.
9.
To
urge member states to cooperate among themselves in addressing the
problem of the disappearance of persons.
10.
To
encourage member states to request support in addressing this problem
from international and civil society organizations.
11.
To
invite member states to continue their cooperation with the
International Committee of the Red Cross, a recognized humanitarian
institution, in its various areas of responsibility and to facilitate
its work.
12.
To
urge those member states that have not yet done so to consider signing
and ratifying, ratifying, or acceding to, as the case may be, the Inter-American
Convention on Forced Disappearance of Persons.
13.
To
instruct the Permanent Council to follow up on this resolution.
AG/RES. 2232
(XXXVI-O/06)
PROTECTION OF ASYLUM
SEEKERS, REFUGEES, AND RETURNEES IN THE AMERICAS
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
RECALLING its resolution AG/RES. 2047 (XXXIV-O/04),
“Protection of Asylum Seekers, Refugees, Returnees, and Stateless
Persons in the Americas”; and its resolutions AG/RES. 1762 (XXX-O/00),
AG/RES. 1832 (XXXI-O/01), AG/RES. 1892 (XXXII-O/02), and AG/RES. 1971 (XXXIII-O/03);
WELCOMING the fact that 28 member states of the Organization
of American States (OAS) have acceded to the 1951 Convention Relating to
the Status of Refugees and 30 to its 1967 Protocol, and that Bolivia, El
Salvador, and Venezuela have adopted new domestic legal provisions for
the protection of refugees, while Argentina, Mexico, Nicaragua, and
Uruguay are in the process of adopting new domestic legislation on
refugees;
RECOGNIZING the commitment assumed by OAS member states to
continue extending protection to asylum seekers, refugees, and
returnees, on the basis of the 1951 Convention Relating to the Status of
Refugees and its 1967 Protocol, and to seek lasting solutions to their
situation;
RECOGNIZING ALSO that efforts to provide protection and assistance and
find lasting solutions for refugees in the region are inspired by
humanitarian principles, are consistent with international refugee law,
and are guided by the spirit of international solidarity and
responsibility-sharing, as appropriate, with the support of
international cooperation;
RECOGNIZING FURTHER the efforts that countries of origin
have been making, with support from the international community, to deal
with the circumstances that generate waves of persons seeking asylum,
and the importance of persisting in those efforts;
EMPHASIZING the efforts made by some receiving countries of
the region, faithful to their generous tradition of asylum even under
difficult socioeconomic conditions, to continue extending protection to
asylum seekers and refugees;
UNDERSCORING the presentation made by the Office of the
United Nations High Commissioner for Refugees (UNHCR) to the Committee
on Juridical and Political Affairs on February 17, 2005, entitled
“International Protection of Refugees in the Americas: Recent
Developments,” on the complexity and the dimensions of forced
displacement in the Americas, which primarily affects refugees and
internally displaced persons in Latin America and the Caribbean;
UNDERSCORING ALSO the importance of the consultative process
carried out by the UNHCR, cosponsored by the Inter-American Commission
on Human Rights (IACHR), the Inter-American Court of Human Rights, the
Inter-American Institute of Human Rights (IIHR), and the Norwegian
Refugee Council, on the commemoration of the 20th anniversary
of the 1984 Cartagena Declaration on Refugees, which enabled the
governments of Latin America, international organizations, regional
experts, and civil society representatives to examine and discuss
current challenges and opportunities for strengthening the international
protection of asylum seekers, refugees, and returnees in the region;
WELCOMING the adoption by 20 Latin American states, on
November 16, 2004, in Mexico City, of the Mexico Declaration and Plan of
Action to Strengthen the International Protection of Refugees in Latin
America, whose Plan of Action puts forward specific measures for
strengthening the protection of refugees and achieving lasting solutions
in Latin America;
WELCOMING ALSO the initiatives taken in accordance with that
Plan of Action by Argentina and Brazil to establish a regional
solidarity resettlement program; and
RECOGNIZING the responsibility of states to provide
international protection to refugees, as well as the need for
international technical and financial cooperation to find durable
solutions within the framework of a commitment to consolidate the rule
of law in Latin American countries, universal respect for human rights,
and the principles of international solidarity and responsibility-sharing,
RESOLVES:
1. To reaffirm its support for, and emphasize the
relevance and fundamental importance of, the 1951 Convention Relating to
the Status of Refugees and/or its 1967 Protocol, as the principal
universal instruments for the protection of refugees; and to urge the
member states that are parties thereto to continue to implement fully
and effectively all of their obligations in that regard.
2. To urge those states parties that have not yet
done so to consider, as the case may be, signing, ratifying, or acceding
to the aforementioned instruments, in addition to promoting the adoption
of procedures and institutional mechanisms for their effective
application, in accordance with those instruments.
3. To support the Mexico Declaration and Plan of Action to
Strengthen the International Protection of Refugees in Latin America;
and to continue implementing it fully and effectively, with support, as
appropriate, from the international community and from the Office of the
United Nations High Commissioner for Refugees (UNHCR).
4. To urge member states and the international
community to support and collaborate in the establishment and
consolidation of the Regional Solidarity Resettlement Program, proposed
in the Mexico Plan of Action, which constitutes an innovative regional
solution based on the principles of international solidarity,
responsibility-sharing, and international cooperation.
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 urge member states to continue to apply
protection measures that are consistent with international principles of
refugee protection, including, inter alia, non-refoulement,
family unity, and confidentiality in cases of asylum.
7. To recognize the efforts and the progress that
the countries of origin have been making; and to urge them, to the
extent of their ability and with support from the UNHCR and the
international community, to continue making efforts to deal with the
circumstances that generate waves of persons seeking asylum.
8. To recognize the efforts and the progress that
the countries of the region that receive refugees have been making in
implementing protective mechanisms, in accordance with international
refugee law and the international principles of refugee protection.
9. To underscore the importance of cooperation among
the organs of the inter-American system and the UNHCR, in an effort
to ensure that innovative regional approaches are taken regarding
refugee issues in the Americas.
AG/RES. 2233
(XXXVI-O/06)
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 6, 2006)
THE
GENERAL ASSEMBLY,
HAVING
SEEN the chapter on this topic in the Annual Report of the Permanent
Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1), as well
as its resolutions AG/RES. 1897 (XXXII-O/02), AG/RES. 1927 (XXXIII-O/03),
AG/RES. 2037 (XXXIV-O/04), and AG/RES. 2125 (XXXV-O/05);
TAKING
INTO ACCOUNT:
That in
the inter-American system the member states of the Organization of
American States (OAS) undertake to respect and protect the human rights
of persons who have been deprived of freedom, including all applicable
rights established in the American Declaration of the Rights and Duties
of Man and those established in all other human rights instruments to
which they are party;
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
conclusions and recommendations of the Fifth Meeting of Ministers of
Justice or of Ministers or Attorneys General of the Americas (REMJA-V),
contained in its Final Report (REMJA-V/doc.9/04), and, in particular,
the recommendation that the states promote “modernization of prison
infrastructure and extend the functions of rehabilitation and social
integration of the individual, by improving conditions of detention and
studying new penitentiary standards”;
The
Conclusions and Recommendations of the Sixth Meeting of Ministers of
Justice or of Ministers or Attorneys General of the Americas (REMJA-VI),
including those on a possible inter-American declaration on the rights,
duties, and care of persons under any form of detention or imprisonment
and those on the feasibility of preparing a hemispheric manual on
penitentiary rights, taking as a basis the United Nations Standard
Minimum Rules for the Treatment of Prisoners (REMJA-VI/doc.21/06 rev. 1,
paragraphs 4.d and b); 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;
NOTING
WITH SATISFACTION the presentation by the Special Rapporteur on the
Rights of Persons Deprived of Freedom in the Americas of the Inter-American
Commission on Human Rights, regarding the activities that were carried
out by the Rapporteurship (CP/CAJP/INF.25/06); and
OBSERVING
WITH CONCERN the critical situation of violence and overcrowding in
places of deprivation of freedom in the Americas, and stressing the need
to take concrete measures to prevent this situation and to ensure the
exercise of the human rights of persons deprived of freedom,
RESOLVES:
1.
To
urge member states to comply, under all circumstances, with all
applicable international obligations to respect the human rights of
persons under any form of detention or imprisonment, including the
rights established in the American Declaration of the Rights and Duties
of Man and those established in all other human rights instruments to
which they are party.
2.
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 entities of
the inter-American system and taking into account the conclusions and
recommendations of the Sixth Meeting of Ministers of Justice or of
Ministers or Attorneys General of the Americas, contained in the Final
Report of that meeting (REMJA-VI/doc.24/06 rev. 1), including the report
of the First Meeting of Officials Responsible for Penitentiary and
Prison Policies of the OAS Member States (GAPECA/doc.04/03).
3. To request the Inter-American Commission on Human
Rights (IACHR) to continue reporting on the situation of persons under
any form of detention or imprisonment in the Hemisphere and, using as a
basis its work on the subject, to proceed with the compilation of the
regional and global standards for detention and imprisonment policies in
the member states, making reference to any problems and good practices
observed.
4. To congratulate and acknowledge those member
states that have invited the Special Rapporteur on the Rights of Persons
Deprived of Freedom in the Americas of the Inter-American Commission on
Human Rights to visit their countries, including their detention centers;
and to encourage all member states to facilitate such visits.
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 Rapporteurship on the
Rights of Persons Deprived of Freedom in the Americas.
6. To reiterate to the Permanent Council that, on
the basis of the results of the discussions and studies conducted,
including the inputs of the IACHR, and the results of the Second Meeting
of Officials Responsible for Penitentiary and Prison Policies, to be
held pursuant to the REMJA-VI decision, it should consider the
possibility of drafting an inter-American declaration on the rights and
the care of persons under any form of detention or imprisonment, with a
view to strengthening existing international standards on these topics,
and the feasibility of preparing a hemispheric manual on penitentiary
rights, taking as a basis the United Nations Standard Minimum Rules for
the Treatment of Prisoners./
7. To request the Permanent Council to report to the General
Assembly at its thirty-seventh regular session on the implementation of
this resolution, which will be carried out within the resources
allocated in the program-budget of the Organization and other resources.
AG/RES. 2234
(XXXVI-O/06)
AMERICAN DECLARATION
ON THE RIGHTS OF INDIGENOUS PEOPLES[2]/
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
RECALLING
its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES.
1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00),
AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), AG/RES. 1919 (XXXIII-O/03),
AG/RES. 2029 (XXXIV-O/04), and AG/RES. 2073 (XXXV-O/05);
BEARING
IN MIND that, as early as 1989, in its resolution AG/RES. 1022 (XIX-O/89),
the General Assembly requested the Inter-American Commission on Human
Rights (IACHR) “to prepare a juridical instrument relative to the rights
of the Indian peoples,” and that, in 1999, by resolution AG/RES. 1610 (XXIX-O/99),
the General Assembly established a Working Group of the Permanent
Council to consider the “Proposed American Declaration on the Rights of
Indigenous Peoples,” presented by the IACHR (CP/doc.2878/97 corr. 1);
CONSIDERING the commitments undertaken by the Heads of State and
Government in the Declarations and Plans of Action of the most recent
Summits of the Americas, held in Quebec City, Nuevo León, and Mar del
Plata, in support of an early and successful conclusion of negotiations
on the Draft American Declaration on the Rights of Indigenous Peoples;
CLOSELY
OBSERVING the parallel process under way in the United Nations to draft
a declaration on the rights of indigenous peoples;
ACKNOWLEDGING the important contributions received by the Specific Fund
to Support the Preparation of the American Declaration on the Rights of
Indigenous Peoples and the efficient work of the Selection Board in the
selection process for representatives of the indigenous peoples to
receive financing from the Specific Fund;
NOTING
WITH SATISFACTION the holding of the sixth and seventh meetings of
negotiations in the quest for points of consensus of the Working Group
to Prepare the Draft American Declaration on the Rights of Indigenous
Peoples, among representatives of the member states and representatives
of the indigenous peoples, which made it possible to review Sections I
through VI of the Chair’s Consolidated Text of the draft Declaration,
while consideration of the preamble remained pending;
BEARING
IN MIND that the Working Group has begun to review the new working
document for the negotiations, according to the “Record of the Current
Status of the Draft American Declaration on the Rights of Indigenous
Peoples” (GT/DADIN/doc.260/06 rev. 1);
TAKING
INTO CONSIDERATION the offer by the Government of Bolivia to host one of
the upcoming meetings of negotiations in the quest for points of
consensus of the Working Group to Prepare the Draft American Declaration
on the Rights of Indigenous Peoples, to be held in La Paz in March 2007
(GT/DADIN/doc.264/06); and
HAVING
SEEN the Report of the Chair of the Working Group on activities carried
out during the 2005-2006 term (AG/doc.4548/06 add. 6 corr. 1, Appendix
I),
RESOLVES:
1.
To
reaffirm that the adoption of the American Declaration on the Rights of
Indigenous Peoples remains a priority for the Organization of American
States (OAS), emphasizing the importance of full and effective
participation by the indigenous peoples in preparing the Draft
Declaration.
2.
To
congratulate the Working Group to Prepare the Draft American Declaration
on the Rights of Indigenous Peoples on having completed the review of
Sections I through VI of the Chair’s Consolidated Text (GT/DADIN/doc.139/03);
and to urge it to make every effort to reach consensus on the pending
texts of the Draft Declaration.
3.
To
renew the mandate of the Working Group to continue holding its meetings
of negotiations in the quest for points of consensus, so as to complete
the drafting of the Declaration, on the basis of the “Record of the
Current Status of the Draft American Declaration on the Rights of
Indigenous Peoples” (GT/DADIN/doc.260/06 rev. 1), and emphasizing
consideration of the proposals of member state delegations and
indigenous peoples’ representatives recorded in documents GT/DADIN/doc.255/06
rev. 1 and GT/DADIN/doc.259/06.
4. To
request the Permanent Council to instruct the Working Group to:
a. Hold
up to three meetings of negotiations of up to five days each, between
July 2006 and April 2007, at least one of which shall be held at OAS
headquarters;
b. Continue
to take the appropriate measures to ensure continuing transparency of,
and effective participation by representatives of indigenous peoples in,
the negotiation meetings in the quest for points of consensus;
c. Emphasize
the need to reach compromise solutions that are attentive to the most
pressing concerns of the indigenous peoples and to the needs of all
member states, in the preparation of the Draft Declaration; and
d. Before
the next meeting of negotiations, adopt by consensus in the Working
Group a methodology based on document GT/DADIN/doc.246/06 rev. 2,
“Proposed Methodology for Promptly Concluding the Negotiations in the
Quest for Points of Consensus of the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples,” emphasizing
consideration of the proposals of member states and indigenous peoples.
5.
To
thank the Governments of Brazil, Canada, Guatemala, Nicaragua, and the
United States and the Government of Finland for their valuable
contributions to the Specific Fund to Support the Preparation of the
American Declaration on the Rights of Indigenous Peoples; and to invite
the other member states, permanent observers, and institutions to
promote the aims of the Specific Fund through their contributions.
6.
To
request the Secretary General to continue supporting the efforts of the
Working Group and to make the necessary overtures to multilateral
organizations, development banks and agencies, specialized multilateral
agencies, and other funding sources to obtain the resources needed by
the Specific Fund in order to fulfill its purpose.
7.
To
request the Selection Board of the Specific Fund to continue to work
according to the principles established in resolution CP/RES. 873
(1459/04), “Amendments to the Specific Fund to Support the Elaboration
of the American Declaration on the Rights of Indigenous Peoples,” so as
to ensure greater transparency, and to provide more information in its
report on the specific reasons for choosing each beneficiary.
8.
To
thank also the Governments of Guatemala and Brazil for the successful
organization of the sixth and seventh meetings of negotiations in the
quest for points of consensus of the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples.
9.
To
thank the Government of Bolivia for its country’s offer to host one of
the upcoming meetings of negotiations in the quest for points of
consensus; and to instruct the Permanent Council to consider convening
that meeting, in La Paz, Bolivia, in March 2007.
10.
To
congratulate those governments that have held consultations with their
indigenous peoples on the Draft Declaration; and to invite all member
states to continue such consultations.
11.
To
request the Inter-American Commission on Human Rights, its Special
Rapporteurship on the Rights of Indigenous Peoples, and the General
Secretariat of the Organization to continue to lend their valuable
support to the process of drafting the American Declaration on the
Rights of Indigenous Peoples; and to thank them for their ongoing
contributions to that process.
12.
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-seventh regular
session.
AG/RES. 2237
(XXXVI-O/06)
RIGHT TO FREEDOM OF
THOUGHT AND EXPRESSION
AND THE IMPORTANCE OF THE MEDIA
(Approved
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General
Assembly (AG/doc.4548/06 add. 6 corr. 1);
TAKING
INTO ACCOUNT resolution AG/RES. 2149 (XXXV-O/05), “Right to Freedom of
Thought and Expression and the Importance of the Media”;
RECALLING
that the right to freedom of thought and expression, which includes the
freedom to seek, receive, and impart information and ideas of all kinds,
is recognized in Article IV of the American Declaration of the Rights
and Duties of Man, Article 13 of the American Convention on Human Rights,
the Inter-American Democratic Charter (including Article 4), the
Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, and other international instruments and
national constitutions, as well as United Nations General Assembly
resolution 59 (I) and resolution 104 of the General Conference of the
United Nations Educational, Scientific and Cultural Organization
(UNESCO);
RECALLING
ALSO that Article IV of the American Declaration of the Rights and
Duties of Man states that “[e]very person has the right to freedom of
investigation, of opinion, and of the expression and dissemination of
ideas, by any medium whatsoever”;
RECALLING
FURTHER that Article 13 of the American Convention on Human Rights
states that:
1. Everyone 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;
2. The exercise of the right provided for in the foregoing
paragraph shall not be subject to prior censorship but shall be subject
to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure:
a.
respect for the rights or reputations of others; or
b.
the protection of national security, public order, or public health or
morals.
3. The right of expression may not be restricted by indirect
methods or means, such as the abuse of government or private controls
over newsprint, radio broadcasting frequencies, or equipment used in the
dissemination of information, or by any other means tending to impede
the communication and circulation of ideas and opinions.
4. Notwithstanding the provisions of paragraph 2 above, public
entertainments may be subject by law to prior censorship for the sole
purpose of regulating access to them for the moral protection of
childhood and adolescence.
5. Any propaganda for war and any advocacy of national, racial,
or religious hatred that constitute incitements to lawless violence or
to any other similar action against any person or group of persons on
any grounds including those of race, color, religion, language, or
national origin shall be considered as offenses punishable by law;
RECALLING
AS WELL the relevant volumes of the Annual Reports of the Inter-American
Commission on Human Rights for 2004 and 2005, on freedom of expression;
TAKING
INTO ACCOUNT resolutions 2004/42 and 2005/38, “The Right to Freedom of
Opinion and Expression,” of the United Nations Commission on Human
Rights; and
RECALLING
the usefulness of the studies and contributions approved by UNESCO
regarding the contribution of the media to strengthening peace,
tolerance, and international understanding, to the promotion of human
rights, and to countering racism and incitement to war,
RESOLVES:
1. To reaffirm the right to freedom of expression and to call
upon member states to respect and ensure respect for this right, in
accordance with the international human rights instruments to which they
are party, such as the American Convention on Human Rights and the
International Covenant on Civil and Political Rights, inter alia.
2. To reaffirm that freedom of expression and dissemination of
ideas are fundamental for the exercise of democracy.
3.
To urge member states to safeguard, within the framework of the
international instruments to which they are party, respect for freedom
of expression in the media, including radio and television, and, in
particular, respect for the editorial independence and freedomof the media.
4. To urge those member states that have not yet done so to
consider signing and ratifying, ratifying, or acceding to, as the case
may be, the American Convention on Human Rights.
5. To reaffirm that the media are fundamental for democracy and
for the promotion of pluralism, tolerance, and freedom of thought and
expression, and to facilitate dialogue and debate, free and open to all
segments of society, without discrimination of any kind.
6. To urge member states to promote a pluralistic approach to
information and multiple points of view by fostering full exercise of
freedom of expression and thought, access to media, and diversity in the
ownership of media outlets and sources of information, through, inter
alia, transparent licensing systems and, as appropriate, effective
regulations to prevent the undue concentration of media ownership.
7.
To urge member states to consider the importance of including, in
their domestic legal systems, rules about the establishment of
alternative or community media and safeguards to ensure that they are
able to operate independently, so as to broaden the dissemination of
information and opinions, thereby strengthening freedom of expression.
8.
To call upon member states to adopt all necessary measures to
prevent violations of the right to freedom of thought and expression and
to create the necessary conditions for that purpose, including ensuring
that relevant national legislation complies with their international
human rights obligations and is effectively implemented.
9. To urge member states to review their procedures, practices,
and legislation, as necessary, to ensure that any limitations on the
right to freedom of opinion and expression are only such as are provided
by law and are necessary for respect of the rights or reputations of
others, or for the protection of national security or of public order
(ordre public), or of public health or morals.
10. To recognize the valuable contribution of information and
communication technologies, such as the Internet, to the exercise of the
right to freedom of expression and to the ability of persons to seek,
receive, and impart information, as well the contributions they can make
to the fight against racism, racial discrimination, xenophobia, and
related and contemporary forms of intolerance, and to the prevention of
human rights abuses.
11. To request the Inter-American Commission on Human Rights once
again to follow up on and deepen its study of the issues addressed in
the relevant volumes of its 2004 and 2005 Annual Reports on freedom of
expression, on the basis, inter alia, of the inputs on the
subject that it receives from member states.
12. To reiterate to the Permanent Council that, through its
Committee on Juridical and Political Affairs, it is to hold a special
two-day meeting to delve further into the existing international
jurisprudence on the subject covered in Article 13 of the American
Convention on Human Rights and include the following items on the agenda
of that meeting:
i.
Public demonstrations as exercise of the right to freedom of expression;
and
ii.
The subject of Article 11 of the American Convention on Human Rights.
Invitees
to the aforementioned meeting will include members of the Inter-American
Court of Human Rights, the Inter-American Commission on Human Rights,
including the Special Rapporteur on Freedom of Expression, and experts
from the member states, all for the purpose of sharing their experiences
with these issues.
13. To request the Permanent Council to report to the General
Assembly at its thirty-seventh regular session on the implementation of
this resolution, which will be carried out within the resources
allocated in the program-budget of the Organization and other resources.
AG/RES. 2238
(XXXVI-O/06)
PROTECTING HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS
WHILE COUNTERING TERRORISM
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1840 (XXXII-O/02), AG/RES.
1906 (XXXII-O/02), AG/RES. 1931 (XXXIII-O/03), AG/RES. 2035 (XXXIV-O/04),
and AG/RES. 2143 (XXXV-O/05), and the Report on Terrorism and Human
Rights, prepared by the Inter-American Commission on Human Rights (IACHR)
(OEA/Ser.L/V/II.116 - Doc.5 rev. 1);
REAFFIRMING the principles and purposes of the Charter of
the Organization of American States and the Charter of the United
Nations;
EMPHASIZING that all persons are born free and are entitled
to the human rights and fundamental freedoms recognized in the Universal
Declaration of Human Rights, without distinction of any kind as to race,
color, sex, language, religion, political or other opinion, national or
social origin, economic status, birth, or other status, and that this
applies in all circumstances, in accordance with
international law;
REITERATING that all persons are equal before the law and
have the rights and duties established in the American Declaration of
the Rights and Duties of Man,
without distinction as to race, sex, language, creed, or any other
factor;
CONSIDERING that terrorism poses a serious threat to the
security, the institutions, and the democratic values of states and to
the well-being of our peoples and impairs the full enjoyment and
exercise of human rights;
TAKING
INTO ACCOUNT:
That, in
the Declaration of San Carlos on Hemispheric Cooperation for
Comprehensive Action to Fight Terrorism, adopted on March 24, 2006, the
member states reaffirmed that terrorism in all its forms and
manifestations, whatever its origin or motivation, has no justification
whatsoever, affects the full enjoyment and exercise of human rights, and
constitutes a grave threat to international peace and security, the
institutions and values of democracy, and the stability and prosperity
of the countries of the region;
That, in the Declaration on Security in the Americas, the
states of the Hemisphere renewed their commitment, reiterated in the
Declaration of San Carlos, to fight terrorism and its financing, with
full respect for the rule of law and international law, including
international humanitarian law, international human rights law, and
international refugee law; the Inter-American Convention against
Terrorism; and United Nations Security Council resolution 1373 (2001);
and
That, in the Declaration of Mar del Plata of the Fourth
Summit of the Americas and the Declaration of Nuevo León of the Special
Summit of the Americas, the Heads of State and Government agreed to take
all necessary steps to prevent and counter terrorism and its financing,
in full compliance with their obligations under international law,
including international human rights law, international refugee law, and
international humanitarian law;
WELCOMING the fact that the Inter-American Convention
against Terrorism came into force on July 10, 2003; that Antigua and
Barbuda, Canada, Chile, Dominica, El Salvador, Honduras, Mexico,
Nicaragua, Panama, Paraguay, Peru, and Venezuela became states parties
to said Convention prior to 2005; and that Argentina, Brazil, Guatemala,
Trinidad and Tobago, and the United States became states parties to the
Convention in 2005 and 2006, which brings to 17 the number of countries
that have ratified the Convention;
CONSIDERING the report of the Meeting of Government Experts
to Exchange, from a Human Rights Perspective, Best Practices and
National Experiences in Adopting Antiterrorism Measures, held on
February 12 and 13, 2004 (CP/CAJP-2140/04);
HAVING RECEIVED the document entitled “Recommendations for
the Protection of Human Rights by OAS Member States in the Fight against
Terrorism” (CP/doc.4117/06), prepared by the Inter-American Commission
on Human Rights;
REAFFIRMING that, in the fight against terrorism, any detained person
presumed to be involved in a terrorist act will enjoy the rights and
guarantees provided by applicable international law, in particular
international human rights law and international humanitarian law;
REAFFIRMING ALSO that the means the state can use to protect its
security or that of its citizens in the fight against terrorism should,
under all circumstances, be consistent with applicable international law,
in particular international human rights law, international humanitarian
law, and international refugee law; and
RECALLING
that, under Article 27 of the American Convention on Human Rights and
Article 4 of the International Covenant on Civil and Political Rights,
it is recognized that some rights are non-derogable under any
circumstances, and that, with respect to rights that may be subject to
derogation, states may take measures derogating from their obligations
under these Conventions to the extent and, with respect to the American
Convention, for the period of time strictly required by the exigencies
of the situation, provided that such measures are not inconsistent with
the other rights and obligations prescribed under international law; and
emphasizing that, in the inter-American system, the protection of non-derogable
rights includes essential judicial guarantees for their protection,
RESOLVES:
1. To reaffirm that the fight against terrorism must
be waged with full respect for the law, including compliance with due
process and human rights comprised of civil, political, economic,
social, and cultural rights, as well as for democratic institutions, so
as to preserve the rule of law and democratic freedoms and values in the
Hemisphere.
2. To reaffirm that all member states have a duty to
ensure that all measures adopted to combat terrorism are in compliance
with their obligations under international law, in particular
international human rights law, international refugee law, and
international humanitarian law.
3. To urge all member states, with a view to
fulfilling the commitments undertaken in this resolution, to consider
signing and ratifying, ratifying, or acceding to, as the case may be and
as soon as possible, the Inter-American Convention against Terrorism and
the American Convention on Human Rights; and to urge the states parties
to take appropriate steps to implement the provisions of those treaties.
4. To request the Inter-American Commission on Human
Rights (IACHR) to continue promoting respect for and the defense of
human rights and facilitating efforts by member states to comply
appropriately with their international human rights commitments when
developing and executing counterterrorist measures, including the rights
of persons who might be at a disadvantage, subject to discrimination, or
at risk as a result of terrorist violence or counterterrorist
initiatives, and to report to the Permanent Council on the advisability
of conducting a follow-up study.
5. To request that the Permanent Council, having
received the document entitled “Recommendations for the Protection of
Human Rights by OAS Member States in the Fight against Terrorism” (CP/doc.4117/06),
prepared by the IACHR, hold consultations with the Inter-American
Committee against Terrorism (CICTE) and with member states, so as to
conclude the process provided for in resolution AG/RES. 2143 (XXXV-O/05),
operative paragraph 5, for preparing recommendations.
6. On the basis of the Recommendations for the
Protection of Human Rights by OAS Member States in the Fight against
Terrorism, prepared by the IACHR, and the outcome of the consultations
with CICTE and the member states, the Permanent Council may consider
preparing draft common terms of reference for the protection of human
rights and fundamental freedoms in the fight against terrorism, that
would compile current international standards based on applicable
international law, as well as best practices, for consideration by the
General Assembly.
7. To reiterate the importance of intensifying
dialogue among the CICTE, the IACHR, and other pertinent areas of the
Organization, with a view to improving and strengthening their ongoing
collaboration on the issue of protecting human rights and fundamental
freedoms while countering terrorism.
8. To urge member states to respect, in accordance with their
obligations, the human rights of all persons deprived of their liberty
in high-security detention centers, particularly observance of due
process.
9. To request the Permanent Council to present a
report to the General Assembly at its thirty-seventh regular session on
the implementation of this resolution, which will be carried out within
the resources allocated in the program-budget of the Organization and
other resources.
AG/RES. 2240
(XXXVI-O/06)
COMBATING
THE
COMMERCIAL SEXUAL EXPLOITATION AND SMUGGLING OF
AND TRAFFICKING IN CHILDREN IN THE HEMISPHERE
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
CONSIDERING the importance of ensuring comprehensive and effective
protection of children through appropriate mechanisms that guarantee
respect for their rights;
RECOGNIZING that commercial sexual exploitation today,
including the circulation of child pornography through the Internet and
other media, and the smuggling of and trafficking in children are of
concern both regionally and worldwide, and that this problem jeopardizes
the rights of children, enshrined in a number of international
instruments;
TAKING INTO ACCOUNT the American Declaration of the Rights
and Duties of Man;
TAKING
INTO ACCOUNT ALSO the American Convention on Human Rights, in particular
the provisions related to children; and the United Nations Convention on
the Rights of the Child, in which the states parties undertake, among
other things, to protect the child from all forms of sexual exploitation
and sexual abuse (Article 34);
TAKING
INTO ACCOUNT FURTHER other international instruments relating to the
fight against commercial sexual exploitation of children and against the
smuggling of and trafficking in children in the Hemisphere, among them
the Optional Protocol to the Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography (adopted
in 2000); the Convention on the Civil Aspects of International Child
Abduction (adopted in 1980); the Inter-American Convention on
International Traffic in Minors (adopted in 1994); the Inter-American
Convention on the International Return of Children (adopted in 1989);
the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, and the Protocol against the Smuggling of
Migrants by Land, Sea and Air, supplementing the United Nations
Convention against Transnational Organized Crime; and International
Labour Organization Convention 182 on the Worst Forms of Child Labour;
TAKING INTO ACCOUNT AS WELL the Conclusions and
Recommendations of the Meeting of National Authorities on Trafficking in
Persons, held on Isla Margarita, in the Bolivarian Republic of
Venezuela, from March 14 to 17, 2006;
BEARING IN MIND the efforts on the matter already under way
in various organs, agencies, and entities of the Organization and in
other forums, in particular the consideration of this matter by the
Inter-American Juridical Committee (CJI) in 2000, which concluded that
it was necessary to have as much information as possible before
considering the need for an inter-American convention to fight sexual
crimes against children beyond national borders; the coordination
strategy which is being developed by the Department for the Prevention
of Threats against Public Security in coordination with the Inter-American
Commission of Women (CIM) on trafficking in women and children for
purposes of sexual exploitation in the Americas; and the subregional
workshops organized by the Inter-American Children’s Institute (IIN) on
trafficking in children for purposes of sexual exploitation and child
pornography; and
RECOGNIZING that ensuring success in the fight against the
commercial sexual exploitation of children and against the smuggling of
and trafficking in children in the Hemisphere calls for a global
approach in which all factors contributing to the problem, including
poverty and social exclusion, may be addressed, and for measures to
facilitate international cooperation, both legal and judicial, to ensure
effective protection of the rights of children,
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 children.
2. To urge member states to consider signing and ratifying,
ratifying, or acceding to, as the case may be, the international
instruments relating to the fight against commercial sexual exploitation
of children and against the smuggling of and trafficking in children in
the Hemisphere, among them the Convention on the Rights of the Child (adopted
in 1989); the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography
(adopted in 2000); the Convention on the Civil Aspects of International
Child Abduction (adopted in 1980); the Inter-American Convention on
International Traffic in Minors (adopted in 1994); and the Inter-American
Convention on the International Return of Children (adopted in 1989);
and to urge states parties to take the necessary measures to guarantee
the rights contained in those instruments.
3. To request that the Department for the Prevention of Threats
against Public Security, in coordination with the Inter-American
Commission of Women (CIM) and the Inter-American Children’s Institute (IIN),
to continue working on this subject and on the draft on smuggling of and
trafficking in women and children for purposes of sexual exploitation in
the Americas.
4. To
acknowledge with appreciation the work of the IIN and the contributions
by member states in connection with the preparation of the report on
trafficking in persons presented to the Permanent Council in 2005.
5. To request the Justice Studies Center of the Americas (JSCA)
to present to the Permanent Council, through the Department for the
Prevention of Threats against Public Security, before the thirty-seventh
regular session of the General Assembly, in 2007, for its consideration,
a report, to the extent that funding is available, on the present
capacity of judicial systems in the member states to deal with the
problems of commercial sexual exploitation of, smuggling of, and
trafficking in, children in the Hemisphere and on their enforcement of
domestic and international law.
6. To instruct the Inter-American Commission on Human Rights (IACHR)
to continue, in keeping with Advisory Opinion OC-17/2002, “Juridical
Condition and Human Rights of the Child,” issued by the Inter-American
Court of Human Rights on August 28, 2002, to support the progress made
in this important area, with a view to preparing a study on the
implications of the conclusions of that Advisory Opinion for the inter-American
system for the protection and promotion of human rights.
7. To request the CIM, the IIN, the JSCA, the IACHR and the
Department for the Prevention of Threats against Public Security to
cooperate in the preparation of these studies.
8. To instruct the Permanent Council to consider, at a meeting
during the 2006-2007 term, the documents presented by the CIM, the IIN,
the JSCA, the Meeting of Ministers of Justice or of Ministers or
Attorneys General of the Americas (REMJA), and the IACHR and to
recommend that future measures be taken in this regard, taking into
account the results of the Meeting of National Authorities on
Trafficking in Persons, in order to address the topic from a
comprehensive and crosscutting perspective within the framework of the
United Nations Convention against Transnational Organized Crime, and to
invite relevant organizations and institutions working in these areas,
such as the International Organization for Migration (IOM), the United
Nations Children’s Fund (UNICEF), the Special Rapporteurship on the
Rights of Children of the Inter-American Commission on Human Rights, and
others, to participate in this meeting.
9. To request the Permanent Council to report to the General
Assembly at its thirty-seventh regular session on the implementation of
this resolution, which will be carried out within the resources
allocated in the program-budget of the Organization and other resources.
AG/RES. 2248
(XXXVI-O/06)
MIGRANT POPULATIONS AND MIGRATION FLOWS IN THE AMERICAS
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY;
RECALLING
the important work of the Organization of American States (OAS) in
promoting and protecting the human rights of migrant workers and their
families pursuant to, inter alia, the following resolutions: AG/RES.
1717 (XXX-O/00), AG/RES. 1775 (XXXI-O/01), AG/RES. 1898 (XXXII-O/02), AG/RES.
1928 (XXXIII-O/03), AG/RES. 2027 (XXXIV-O/04), and AG/RES. 2130 (XXXV-O/05);
RECALLING
ALSO the adoption, by resolution AG/RES. 2141 (XXXV-O/05), of the Inter-American
Program for the Promotion and Protection of the Human Rights of Migrants,
Including Migrant Workers and Their Families;
CONSIDERING the importance of broadening discussion and analysis of
human migration, regular and irregular, and migration flows in the
Americas and their causes and impact on all member states of the OAS;
RECOGNIZING that migration is also an integral reflection of
the processes of integration and globalization, as well as a consequence
of the erosion of traditional barriers to the mobilization of
populations, such as the time it takes to travel and long distances;
TAKING INTO ACCOUNT the social and economic significance of
migrations in the countries of origin, transit, and reception of
migrants; and
TAKING INTO ACCOUNT ALSO that these migration flows will
very likely increase as a result of various social, economic, and
demographic factors, including subregional integration efforts,
RESOLVES:
1. To instruct the Permanent Council to hold a special meeting
in the second half of 2006 to consider, analyze, and discuss human
migration flows, their impact on the member states, and their relation
to the human rights of migrant workers and their families, with the
participation of all stakeholders, including the Special Rapporteur on
Migrant Workers and Their Families of the Inter-American Commission on
Human Rights (IACHR).
2. To request the Permanent Council to work towards establishing
a special committee on migration issues as a specialized committee of
the Permanent Council of the Organization of American States in order to
analyze migration issues and flows from an integral perspective, taking
into account the relevant provisions of international law, especially
international human rights law.
3. To urge member states to make voluntary contributions to
support the activities of the Special Rapporteur on Migrant Workers and
Their Families of the IACHR, and the Inter-American Program for the
Promotion and Protection of the Human Rights of Migrants, Including
Migrant Workers and Their Families.
4. To request the Permanent Council to report to the General
Assembly at its thirty-seventh regular session on the implementation of
this resolution.
AG/RES. 2252
(XXXVI-O/06)
ACCESS TO PUBLIC
INFORMATION: STRENGTHENING DEMOCRACY/
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
HAVING
SEEN the Annual Report of the Permanent Council to the General Assembly
(AG/doc.4548/06 add. 6 corr. 1), on the status of implementation of
resolution AG/RES. 2121 (XXXV-O/05), “Access to Public Information:
Strengthening Democracy”;
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 right “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 public 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 states to e-government practices that facilitate information and
communication technology applications in governmental processes;
CONSIDERING ALSO that the Office for the Promotion of
Democracy (OPD) has been providing support to member states 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” (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 citizens, may
contribute to a climate of tolerance of all views, foster a culture of
peace, and strengthen democratic governance;
TAKING
INTO ACCOUNT the important role civil society can play in promoting
broad access to public information;
TAKING NOTE of the Declaration of Principles on Freedom of
Expression of the Inter-American Commission on Human Rights; and of the
Joint Declaration by the UN Special Rapporteur on Freedom of Opinion and
Expression, the OSCE (Organization for Security and Co-operation in
Europe) Representative on Freedom of the Media, and the Special
Rapporteur on Freedom of Expression of the Inter-American Commission on
Human Rights, adopted in 2005;
TAKING
NOTE ALSO of the reports of the Special Rapporteur on Freedom of
Expression of the Inter-American Commission on Human Rights on the
situation of access to information in the Hemisphere for 2003, 2004, and
2005;
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, as well as the Regional
Forum on Access to Public Information: Challenges to Freedom of
Information in the Hemisphere, held in Lima, Peru, on January 20 and 21,
2004;
RECALLING ALSO that the media, the private sector, and
political parties can likewise play an important role in facilitating
access by citizens to information held by the states; and
TAKING INTO CONSIDERATION the report of the Chair of the
Permanent Council on the implementation of resolution AG/RES. 2121 (XXXV-O/05),
“Access to Public Information: Strengthening Democracy,”
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 urge member states 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. Also to encourage member states, when preparing
and/or adjusting their respective legal and regulatory frameworks, as
appropriate, to provide civil society with the opportunity to
participate in that process; and to urge them, when drafting and/or
adapting their national legislation, to take into account clear and
transparent exception criteria.
5. To encourage member states to take the necessary
measures, through their national legislation and other appropriate means,
to facilitate access to such information through electronic or any other
means that will allow ready access to public information.
6. To instruct the Special Rapporteurship on Freedom
of Expression of the Inter-American Commission on Human Rights (IACHR)
and the Department for the Promotion of Good Governance:
a. To 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. To assist the Permanent Council in the work of the Committee
on Juridical and Political Affairs (CAJP) mentioned in operative
paragraph 13.a below.
7. To instruct the Department of International Legal
Affairs:
a. To prepare a study with recommendations on the subject of
access to information and protection of personal data, on the basis of
the inputs from the organs of the inter-American system and from civil
society, as well as the preparatory work conducted during the special
meeting of the CAJP on the subject; and
b. To assist the Permanent Council in the work of the CAJP
mentioned in operative paragraph 13.a below.
8. To request the Inter-American Juridical Committee
to continue to carry out comparative law studies on the protection of
personal data, and to update the study “Right to Information: Access to
and Protection of Information and Personal Data in Electronic Format,”
of 2000, taking into account the diverse viewpoints on the subject, in
connection with which it will draw up and distribute to the member
states, with due support from the Secretariat, a new questionnaire on
the topic.
9. To instruct the Special Rapporteur for Freedom of
Expression to continue to include in the Annual Report of the IACHR a
report on the situation regarding access to public information in the
region.
10. To instruct the IACHR to conduct a study on how
the state can guarantee all citizens the freedom to seek, receive, and
impart public information on the basis of the principle of freedom of
expression.
11. 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.
12. To take note of the report of the special meeting
of the CAJP, 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, held on April 28, 2006 (CP/CAJP-2320/05
add. 2).
13. To recommend to the Permanent Council that it:
a. Request the CAJP to prepare a basic document on best
practices and the development of common approaches or guidelines for
increasing access to public information, on the basis of the report of
the aforementioned special meeting and taking into account the report of
the Chair of the Permanent Council on the implementation of resolution
AG/RES. 2121 (XXXV-O/05), as well as inputs from the member state
delegations, the Special Rapporteurship on Freedom of Expression of the
IACHR, the Inter-American Juridical Committee, the Department of
International Legal Affairs, and the interested organs, agencies, and
entities of the Organization, as well as from civil society
representatives; and
b. Request the General Secretariat to promote seminars,
workshops, or other events designed to promote access to public
information by citizens and government administrations.
14. To request the Permanent Council to report to the
General Assembly at its thirty-seventh regular session on the
implementation of this resolution, which will be carried out within the
resources allocated in the program-budget of the Organization and other
resources.
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