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ANNUAL REPORT 2007
ANNEX 4 OAS GENERAL ASSEMBLY RESOLUTIONS
PROTOCOL OF SAN
SALVADOR:
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1) and resolutions AG/RES. 2074 (XXXV-O/05) and AG/RES. 2178 (XXXVI-O/06);
CONSIDERING the provisions of the American Convention on Human Rights, Chapter III of which refers to economic, social, and cultural rights;
UNDERSCORING the entry into force, in November 1999, of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador,” and its ratification by 14 member states of the Organization of American States (OAS);
RECALLING that both the American Convention and the Protocol of San Salvador recognize that the essential rights of an individual are not derived from one’s being a national of a certain state, but are based upon attributes of the human person;
RECALLING ALSO that, in Article 19 of the Protocol of San Salvador, the states parties undertake to submit, pursuant to the provisions of that article and the corresponding rules to be formulated for that purpose by the OAS General Assembly, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in said Protocol;
TAKING INTO ACCOUNT that resolution AG/RES. 2074 (XXXV-O/05) adopted the “Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador,” and that AG/RES. 2178 (XXXVI-O/06) instructed the Permanent Council to make proposals as soon as possible, through the Committee on Juridical and Political Affairs, on the composition and functioning of the working group established to examine the national reports in accordance with the Standards;
BEARING IN MIND that the states parties to the Protocol presented a “Proposal for the Composition and Functioning of the Working Group,” which was considered by the political organs of the Organization; and
RECOGNIZING that the Plan of Action of the Fourth Summit of the Americas (Mar del Plata, Argentina, 2005) urged the member states to consider signing and ratifying, or acceding to, as the case may be, the Protocol of San Salvador, and to collaborate in the development of progress indicators in the area of economic, social, and cultural rights, RESOLVES:
1. To adopt the document “Composition and Functioning of the Working Group to Examine the National Reports Envisioned in the Protocol of San Salvador,” which is attached hereto.
2. To reiterate its request to the Inter-American Commission on Human Rights to continue its work with a view to proposing to the Permanent Council for possible adoption, no later than the third quarter of 2007, the progress indicators to be used for each group of protected rights on which information is to be provided, taking into account, inter alia, the contributions of the Inter-American Institute of Human Rights.
3. To reiterate that the request set forth in operative paragraph 2 of this resolution must be fulfilled before the time periods for submission of the national progress reports to be presented by the states parties to the Protocol of San Salvador begin to run.
4. To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador.”
5. To request the Permanent Council to report to the General Assembly at its thirty-eighth 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.
APPENDIX
COMPOSITION AND FUNCTIONING OF THE WORKING GROUP TO EXAMINE THE NATIONAL REPORTS ENVISIONED IN THE PROTOCOL OF SAN SALVADOR
1. COMPOSITION OF THE WORKING GROUP
The Working Group to Examine the Progress Reports of the States Parties to the Protocol of San Salvador shall be composed of:
a. Three government experts elected by the states parties during the session of the General Assembly of the Organization of American States (OAS) from a list of candidates nominated by the states parties, taking into account equitable geographic distribution and rotation. Additionally, an alternate government expert.
b. One independent expert, who shall be a highly qualified professional with recognized experience in the field, appointed during the OAS General Assembly session by the Secretary General of the Organization from among a list of candidates nominated by the states parties, each country being restricted to one candidate. The candidates shall be academics, members of civil society organizations of the respective country, or members of civil society organizations registered with the OAS; at the time of selection, they may not hold government posts or serve in any branch of government. Additionally, an alternate independent expert.
c. One member of the Inter-American Commission on Human Rights (IACHR). In addition, one alternate member.
2. GENERAL RULES
a. The General Secretariat, through the Office of International Law of the Department of International Legal Affairs, shall serve as Technical Secretariat of the Working Group.
b. Both the government experts and the independent expert shall serve for a three-year term, with the exception of the first term, in which, for the sake of continuity, one of the elected government experts shall be drawn by lot to serve a two-year term, along with the independent expert. In no case may experts be reelected.
c. No national of the state party whose report is to be examined may participate in the review.
d. To carry out its mandate, the Working Group may meet for five days every six months at OAS headquarters. When the Group is not in session, it shall conduct its work by electronic or other means.
e. The states parties’ reports and the Working Group’s analysis shall be submitted to the Inter-American Council for Integral Development (CIDI), as provided in Article 19 of the Protocol of San Salvador. Each year, the Working Group shall present a report to CIDI for presentation to the OAS General Assembly, with a copy to the Permanent Council, transmitted through the Committee on Juridical and Political Affairs (CAJP).
SUPPORT FOR THE
COMMITTEE FOR THE ELIMINATION OF ALL FORMS OF
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
BEARING IN MIND:
The Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, adopted in Guatemala on June 7, 1999, which entered into force on September 14, 2001, and has been ratified by 17 member states;
Resolution AG/RES. 2167 (XXXVI-O/06), “Establishment of the Committee Provided for in the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities,” in which the Secretary General is requested to convene, in accordance with Article VI of that Convention, the first meeting of that Committee; and
Resolution CP/RES. 913 (1577/07), “Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities,” in which the offer by the Republic of Panama to host the first meeting of the Committee was accepted;
CONSIDERING that the First Meeting of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities was held on February 28 and March 1, 2007, in Panama City, Republic of Panama; and
HAVING SEEN the report on the First Meeting of the Committee (CEDDIS/doc.28/07),
RESOLVES:
1. To express its satisfaction at the installation of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities and the adoption of its Rules of Procedure and of the general guidelines on the content of the reports of the states parties to the Convention; and to encourage the Committee to continue its work of monitoring implementation of the Convention, according to its approved work calendar.
2. To thank the people and Government of the Republic of Panama for their generous hospitality and their decisive and effective support in making the first meeting of the Committee a success.
3. To create a specific fund of voluntary contributions, entitled “Specific Fund for the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities,” to be administered by the General Secretariat, in order to supplement financing for the activities of the Committee and its Technical Secretariat and to allow for the participation of representatives appointed by those states parties that, owing to special circumstances, cannot finance such participation.
4. To request the Secretary General to continue, through the Office of International Law, which serves as the Technical Secretariat of the Committee, supporting the tasks assigned to the Committee.
5. To instruct the Permanent Council to follow up on this resolution, which will be carried out 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-eighth regular session.
RIGHT TO THE TRUTH[1]/
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN its resolution AG/RES. 2175 (XXXVI-O/06), “Right to the Truth”;
CONSIDERING the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, or “Pact of San José, Costa Rica,” the Inter-American Convention to Prevent and Punish Torture, and the Inter-American Convention on Forced Disappearance of Persons;
CONSIDERING IN PARTICULAR Articles 25, 8, 13, and 1.1 of the American Convention on Human Rights, related, respectively, to the right to judicial protection, the right to due process and judicial guarantees, the right to freedom of expression, and the duty of states to respect and guarantee human rights;
CONSIDERING ALSO the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Geneva Conventions of 1949 and the 1977 Additional Protocols thereto, the 2006 International Convention for the Protection of All Persons from Enforced Disappearance, and other relevant instruments of international human rights law and international humanitarian law, as well as the Vienna Declaration and Programme of Action;
NOTING the universality, interdependence, indivisibility, and interrelatedness of civil, political, economic, social, and cultural rights;
TAKING NOTE of Articles 32 and 33 of Additional Protocol I, adopted on June 8, 1977, to the Geneva Conventions of August 12, 1949, and relating to the Protection of Victims of International Armed Conflicts, which recognize the right of families, as soon as circumstances permit, to know the fate of persons who have disappeared in armed conflicts;
STRESSING that adequate steps to identify victims should also be taken in situations not amounting to armed conflict, especially in cases of severe or systematic violations of human rights;
RECALLING resolution 2005/66 of the United Nations Commission on Human Rights, on the right to the truth, and decision 2/105 of the United Nations Human Rights Council;
RECALLING ALSO its resolution AG/RES. 445 (IX-O/79), on the promotion of human rights, and its resolutions AG/RES. 510 (X-O/80), AG/RES. 618 (XII-O/82), AG/RES. 666 (XIII-O/83), and AG/RES. 742 (XIV-O/84), on forced disappearance;
TAKING INTO ACCOUNT its resolution AG/RES. 2134 (XXXV-O/05), on persons who have disappeared, and its resolution AG/RES. 2231 (XXXVI-O/06), on persons who have disappeared and assistance to members of their families;
NOTING that the General Assembly has received reports from the Inter-American Commission on Human Rights on the human rights situation in certain countries of the region, which refer to the right to the truth and recognize that the disappearance of persons causes suffering and hardship, especially to relatives and any other person having a legitimate interest, who are uncertain about their fate and unable to provide them with legal, moral, and material assistance;
NOTING ALSO that the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have recognized the right to the truth in their respective recommendations and judgments in various individual cases of human rights violations;
MINDFUL that the right to the truth may be characterized differently in some legal systems as the right to know or the right to be informed or as freedom of information;
TAKING NOTE of the conclusions of the regional seminar “Memory, Truth, and Justice: Our Recent Past,” held in the context of the Meeting of Competent High Authorities on Human Rights and Foreign Ministries of MERCOSUR and Associated States, in November 2005, which recognize the collective dimension of the right to the truth;
STRESSING that the regional community should make a commitment to recognize the right of victims of gross violations of human rights and serious violations of international humanitarian law, and their families and society as a whole, to know the truth regarding such violations to the fullest extent practicable, in particular the identity of the perpetrators, the causes and facts of such violations, and the circumstances under which they occurred;
STRESSING ALSO that it is important for states to provide effective mechanisms for society as a whole and, in particular, for relatives of the victims, to learn the truth regarding gross violations of human rights and serious violations of international humanitarian law; and
CONVINCED that states, within the framework of their own internal legal systems, should preserve records and other evidence concerning gross violations of human rights and serious violations of international humanitarian law, in order to facilitate knowledge of such violations, investigate allegations, and provide victims with access to an effective remedy in accordance with international law, in order to prevent these violations from occurring again in the future, among other reasons,
RESOLVES:
1. To recognize the importance of respecting and ensuring the right to the truth so as to contribute to ending impunity and to promoting and protecting human rights. 2. To welcome the establishment in several states of specific judicial mechanisms, as well as other non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, that complement the justice system, to contribute to the investigation of violations of human rights and of international humanitarian law; and to express appreciation for the preparation and publication of the reports and decisions of these bodies.
3. To encourage the states concerned to disseminate and implement the recommendations of national non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, to monitor the implementation of said recommendations at the domestic level, and to report on compliance with the decisions of judicial mechanisms.
4. To encourage other states to consider the possibility of establishing specific judicial mechanisms and, where appropriate, truth commissions or other similar bodies to complement the justice system, to contribute to the investigation and punishment of gross violations of human rights and serious violations of international humanitarian law.
5. To encourage states and the Inter-American Commission on Human Rights (IACHR), within its sphere of competence, to provide the states that so request with necessary and appropriate assistance concerning the right to the truth, through, inter alia, technical cooperation and information exchange on national administrative, legislative, and judicial measures applied, as well as experiences and best practices geared toward the protection, promotion, and implementation of this right.
6. To request the IACHR to continue to prepare a report, for presentation to the Permanent Council, on the evolution of the right to the truth in the Hemisphere, which report shall include national mechanisms and experiences in this regard.
7. To encourage all states to take appropriate measures to establish mechanisms or institutions for disclosing information on human rights violations, and to ensure that citizens have appropriate access to said information, in order to further the exercise of the right to the truth, prevent future human rights violations, and establish accountability in this area.
8. 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-eighth regular session.
PROTECTING HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS
(Adopted at the fourth plenary session, held on June 5, 2007)
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), AG/RES. 2143 (XXXV-O/05), and AG/RES. 2238 (XXXVI-O/06), 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;
REAFFIRMING that states are under the obligation to protect all human rights and fundamental freedoms of all persons;
RECOGNIZING that respect for all human rights, respect for democracy, and respect for the rule of law are interrelated and mutually reinforcing;
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 that it impairs the full enjoyment and exercise of human rights;
REAFFIRMING that acts, methods, and practices of terrorism in all its forms and manifestations are activities aimed at the destruction of human rights, fundamental freedoms, and democracy, threatening the territorial integrity and security of states and destabilizing legitimately constituted governments, and that the international community should take the necessary steps to enhance cooperation to prevent and combat terrorism;
Reaffirming ALSO its unequivocal condemnation of all acts, methods, and practices of terrorism in all its forms and manifestations, wherever and by whomsoever committed, regardless of their motivation, as criminal and unjustifiable; and renewing its commitment to strengthen international cooperation to prevent and combat terrorism;
TAKING INTO ACCOUNT:
That, in the Declaration of San Carlos on Hemispheric Cooperation for Comprehensive Action to Fight Terrorism, adopted on March 24, 2006, and the Declaration of Panama on the Protection of Critical Infrastructure in the Hemisphere in the Face of Terrorism, adopted on March 1, 2007, 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 and Declaration of Panama, 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);[2]/ 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; and that to date 22 countries have ratified it;
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, which complements the IACHR’s Report on Terrorism and Human Rights, dated October 22, 2002 (OEA Ser.L/V/II.116. Doc. 5 rev. 1);
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;
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
That terrorism cannot and should not be associated with any religion, nationality, civilization, or ethnic group;
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; and
DEEPLY DEPLORING the occurrence of violations of human rights and fundamental freedoms in the context of the fight against terrorism, as well as violations of international refugee law and international humanitarian law,
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 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 reaffirm that it is imperative that all states work to uphold and protect the dignity of individuals and their fundamental freedoms, as well as democratic practices and the rule of law, while countering terrorism.
To request the
Permanent Council to present a report to the General Assembly at its
thirty-eighth 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.
DRAFT
INTER-AMERICAN CONVENTION AGAINST RACISM
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1);
REAFFIRMING the content of its resolution AG/RES. 2168 (XXXVI-O/06) and all prior resolutions on the subject; and
HAVING SEEN document CP/CAJP-2357/06 rev. 7, “Preliminary Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,”
RESOLVES:
1. To take note of the progress achieved by the Working Group to Prepare a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance.
2. To instruct the Working Group to continue negotiations on that Draft Convention, taking into account the progress set forth in document CP/CAJP-2357/06 rev. 7, “Preliminary Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance,” and in keeping with the work plan and working procedure to be adopted by the Group as it begins its activities.
3. To request that the Working Group continue promoting contributions from member states; organs, agencies, and entities of the Organization of American States; the United Nations; and regional organizations; and to urge those bodies to continue sending their written contributions to the Working Group for consideration; and, bearing in mind the Guidelines for Participation by Civil Society Organizations in OAS Activities, contained in Permanent Council resolution CP/RES. 759 (1217/99), dated December 15, 1999, that it also continue to receive contributions from representatives of indigenous peoples, entrepreneurs and labor groups, and civil society organizations.
4. To renew the mandates to the Justice Studies Center of the Americas (JSCA) and the Inter-American Commission on Human Rights (IACHR), as set forth in paragraphs 5, 7, and 8 of its resolution AG/RES. 2168 (XXXVI-O/06).
5. To request the General Secretariat to continue to provide the broadest possible support, through the Executive Secretariat of the IACHR and the Office of International Law of the Department of International Legal Affairs, to the Working Group’s activities.
6. 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-eighth regular session.
INTERNALLY DISPLACED PERSONS
(Adopted at the fourth plenary session, held on June 5, 2007)
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,” 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. 1892 (XXXII-O/02), AG/RES. 2055 (XXXIV-O/04), AG/RES. 2140 (XXXV-O/05), and, especially, resolution AG/RES. 2229 (XXXVI-O/06), “Internally Displaced Persons”;
REITERATING the principles established in the Charter of the Organization of American States (OAS) and in the Inter-American Democratic Charter, especially those referred to in its Chapter III, “Democracy, Integral Development, and Combating Poverty”;
RECALLING the pertinent rules of international human rights, humanitarian, and refugee law; and recognizing that the protection of internally displaced persons has been reinforced by the definition and consolidation of specific protection standards, in particular the Guiding Principles on Internal Displacement, prepared by the Special Representative of the United Nations Secretary-General on Internally Displaced Persons;
RECALLING ALSO that, according to 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 causes of the internal displacement problem and to do so, when so required, in cooperation with the international community;
NOTING that several countries in the Hemisphere are using the Guiding Principles on Internal Displacement and including them in the development of national policies and strategies;
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;
EMPHASIZING the importance of implementing effective policies for preventing and averting forced internal displacement and for protecting and assisting displaced persons during displacement and during return or resettlement and reintegration; and
UNDERSCORING that to promote enhanced protection for internally displaced persons, comprehensive strategies and lasting solutions are needed, which include, among other aspects, the safe, dignified, 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, in this context, reaffirming the importance of international cooperation,
RESOLVES:
1. To urge member states to include, as appropriate, in their sectoral plans, policies, and programs, the special needs of internally displaced persons, especially in the preparation of programs to foster development and fight poverty.
2. To urge member states to consider using the Guiding Principles on Internal Displacement, prepared by the Special Representative of the United Nations Secretary-General on Internally Displaced Persons, as a basis for their plans, policies, and programs in support of such persons, and, in accordance with international law, in support of, inter alia, indigenous communities and communities of African descent, and the specific needs of children, women, the elderly, and persons with disabilities.
3. To urge member states to consider adopting and implementing in their domestic law the Guiding Principles on Internal Displacement, which reflect certain aspects of international human rights law and international humanitarian law.
4. In order to avert the internal displacement of persons, to encourage member states to address the factors that cause it and to establish preventive policies, such as early warning, bearing in mind that dialogue with all the actors involved is essential to the achievement of lasting solutions.
5. To urge member states, in keeping with their responsibility to internally displaced persons, based on comprehensive strategies and from a human rights perspective, to commit to providing them with protection and assistance during displacement, through competent national institutions; and to invite member states to commit to seeking lasting solutions, including the safe and voluntary return of internally displaced persons and their resettlement and reintegration, whether in their place of origin or in the receiving community.
6. To call upon states to protect the rights of internally displaced persons in natural and man-made disasters and to employ an approach to disaster relief and reconstruction, consistent with international human rights law and domestic law, taking into account the Guiding Principles on Internal Displacement and best practices.
7. To appeal to the appropriate agencies of the United Nations and the inter-American system, and to other humanitarian organizations and the international community, to provide support and/or assistance, as requested by states, in addressing the various factors that cause internal displacement, and in assisting persons affected by internal displacement at all stages, where account should be taken of the Guiding Principles on strengthening of the coordination of humanitarian emergency assistance (United Nations General Assembly resolution 46/182).
8. To instruct the Permanent Council to follow up on this resolution as it sees fit.
PROMOTION OF THE INTERNATIONAL CRIMINAL COURT[3]/
(Adopted at the fourth plenary session, held on June 5, 2007)
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), AG/RES. 1929 (XXXIII-O/03), AG/RES. 2039 (XXXIV-O/04), AG/RES. 2072 (XXXV-O/05), and AG/RES. 2176 (XXXVI-O/06);
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 No. 1/03, on the prosecution of 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 a component of the international criminal justice system and an effective instrument for consolidating international justice and peace;
NOTING WITH CONCERN the continuation in some parts of the world of persistent violations of international humanitarian law and international human rights law; and reaffirming that all states have the primary duty to investigate, prosecute, and punish those violations so as to prevent their recurrence and avoid the impunity of the perpetrators of those crimes;
CONVINCED of the importance of preserving the effectiveness and legal integrity of the Rome Statute, including the jurisdiction of the International Criminal Court; and recognizing the essential role of the Vienna Convention on the Law of Treaties and the firm resolve of the states parties to preserve them;
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 the 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; MINDFUL of the importance of effective cooperation from the states and from international and regional organizations, and of support from civil society, to the effective functioning of the International Criminal Court;
NOTING in this respect that Article 87.6 of the Rome Statute recognizes the role intergovernmental organizations can play in providing cooperation to the Court and that, in its resolution ICC-ASP/5/Res. 3, contained in ICC publication ICC-ASP/5/32, the Assembly of States Parties, at its fifth session, decided to invite other relevant regional organizations to consider concluding such agreements with the Court;
WELCOMING that 104 states have now ratified or acceded to the Rome Statute, among them 23 members of the Organization of American States–Saint Kitts and Nevis being the state in the Hemisphere most recently to do so–and that 139 states have signed it, including 27 members of the Organization;
NOTING WITH GRATIFICATION that 10 member states of the Organization have ratified or acceded to the Agreement on Privileges and Immunities of the International Criminal Court, among them Uruguay, Bolivia, and Ecuador in 2006, and Argentina in early 2007; and that others are in the process of doing so;
NOTING the outcome of the fifth session of the Assembly of States Parties to the Rome Statute, held from November 23 to December 3, 2006, and from January 29 to February 1, 2007;
EXPRESSING ITS SATISFACTION with the progress made by the International Criminal Court in developing into a fully operational judicial body, and that the confirmation of charges in the case The Prosecutor v. Thomas Lubanga Dyilo, on January 29, 2007, marks the beginning of a new phase for the Court;
RECOGNIZING the important work of the Coalition for the International Criminal Court with member states in promoting and defending the Rome Statute;
HAVING SEEN the report of the Inter-American Juridical Committee presented pursuant to resolution AG/RES. 2276 (XXXVI-O/06), provided in document CP/doc.4194/07;
EXPRESSING ITS SATISFACTION with the holding, at the Organization’s headquarters, on February 2, 2007, of the 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, within the framework of the Committee on Juridical and Political Affairs and with support from the Office of International Law, in which representatives of the International Criminal Court, international organizations, and civil society organizations participated; and taking note of the results of that meeting, contained in the Rapporteur’s report (CP/CAJP-2457/07 rev. 1); and
TAKING NOTE of the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1),
RESOLVES:
1. To renew its appeal to those member states of the Organization that have not already done so to consider ratifying or acceding to, as the case may be, the 1998 Rome Statute of the International Criminal Court.
2. To urge member states of the Organization that are parties or signatories to the Rome Statute to promote and respect its intent and its purpose, in order to preserve its effectiveness and integrity and bring about its universal adoption.
3. To remind the member states of the Organization that are parties to the Rome Statute that it is important to adapt or amend their domestic law, as necessary, with a view to the full and effective implementation of the Statute, including the relevant adaptations in accordance with such instruments of international human rights law or international humanitarian law as may be applicable to them.
4. To urge the member states of the Organization to cooperate to the greatest extent possible among themselves and, as appropriate, with the International Criminal Court, so as to avoid the impunity of the perpetrators of the most serious international crimes, such as war crimes, crimes against humanity, and genocide, ensuring that their national legislation facilitates said cooperation and applies to crimes within the jurisdiction of the International Criminal Court.
5. To urge the member states of the Organization to consider ratifying or acceding to, as the case may be, the Agreement on Privileges and Immunities of the International Criminal Court and, in the case of those states that are already party to that Agreement, to take the necessary measures for its full and effective implementation at the national level.
6. To encourage states to contribute to the trust fund established by the Assembly of States Parties to the Rome Statute for the benefit of victims of crimes within the jurisdiction of the International Criminal Court, and of the families of such victims, as well as to the fund for the participation of least developed countries.
7. To invite member states to participate actively in the work of the Assembly of States Parties, as states parties or observers, where appropriate, with the purpose, among others, of stepping up discussions on the review conference planned for 2009 and ensuring the integrity of the Rome Statute.
8. To request the Inter-American Juridical Committee, on the basis of the information received from and updated by the member states, the recommendations contained in report CP/doc.4194/07, and existing cooperation law, to prepare model law on cooperation between states and the International Criminal Court, taking into account the Hemisphere’s different legal systems, and to submit it to the General Assembly at its thirty-eighth regular session.
9. To invite the General Secretariat to designate a point of contact to consider entering into a cooperation agreement with the International Criminal Court and to report to the member states on progress in that regard before the thirty-eighth regular session of the General Assembly.
10. To request the Permanent Council to hold a working meeting, with support from the Office of International Law, on appropriate measures that states should take to cooperate with the International Criminal Court, which should include a high-level dialogue in which member states discuss the recommendations contained in report CP/doc.4194/07. The International Criminal Court, international organizations, and nongovernmental organizations will be invited to cooperate and participate in this working meeting.
11. To request the Permanent Council to include the topic of the implementation of the Rome Statute and of the Agreement on Privileges and Immunities on the agenda of the Committee on Juridical and Political Affairs.
12.
To request
the Secretary General to present to the General Assembly at its
thirty-eighth regular session a report on the implementation of this
resolution, which will be carried out within the resources allocated
in the Organization’s program-budget and other resources.
HUMAN RIGHTS
DEFENDERS: SUPPORT FOR THE
INDIVIDUALS, GROUPS, AND
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1) as it pertains to this topic, and resolution AG/RES. 2177 (XXXVI-O/06), “Human Rights Defenders: Support for the Individuals, Groups, and Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas”;
RECALLING the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
REITERATING that “[e]veryone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means” in accordance with domestic law consistent with the Charter of the United Nations and other international obligations of the state in the field of human rights and fundamental freedoms;
CONCERNED that situations persist in the Americas that directly or indirectly prevent or hamper the work of individuals, groups, or organizations working to promote and protect human rights and fundamental freedoms;
Bearing in mind that, in resolution 60/161 of the United Nations General Assembly and resolution 2005/67 of the United Nations Commission on Human Rights, the member states of the United Nations noted “with deep concern that, in many countries, persons and organizations engaged in promoting and defending human rights and fundamental freedoms are facing threats, harassment and insecurity as a result of those activities”;
CONSIDERING that the member states of the Organization of American 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;
NOTING that the decisions of the Inter-American Court of Human Rights granting provisional measures, and the “Report on the Situation of Human Rights Defenders in the Americas,” prepared by the Inter-American Commission on Human Rights, have highlighted the importance of the work of human rights defenders to the development of democracies in the Americas; URGING the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights to continue its work;
EMPHASIZING that the protection and promotion of human rights is legitimate work and that, in the exercise of their duties, human rights defenders contribute decisively to strengthening democratic institutions and improving national human rights systems; and
EMPHASIZING ALSO the importance of the role of human rights defenders in promoting dialogue, openness, participation, and justice to contribute to the prevention of violence and promote sustainable peace and security, and the affirmation that, to be effective, international strategies in this area must pay special attention to protecting human rights defenders,
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 recognize that, in view of their specific role and needs, women human rights defenders should be accorded special attention to ensure that they are fully protected and effective in carrying out their important activities.
3. To condemn actions that directly or indirectly prevent or hamper the work of human rights defenders in the Americas.
4. To encourage human rights defenders to continue their selfless work and their contributions to the enhancement of national human rights systems for the strengthening of democracy, in accordance with the principles contained in the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
5. To encourage member states to continue or begin, as the case may be, activities to educate and disseminate information to government officials, society at large, and the media, both public and private, so as to make them aware of the importance and validity of the work of human rights defenders and their organizations.
6. To urge member states to continue stepping up their efforts to adopt necessary measures to safeguard the lives, freedom, and personal safety of human rights defenders and their relatives, including effective emergency protection measures in the case of imminent threat or danger, and to ensure that thorough and impartial investigations and proceedings are carried out, and appropriate punishments are applied, in all cases of violations against human rights defenders.
7. To request the Inter-American Commission on Human Rights to:
a. Continue to give due consideration to this matter;
b. Continue intensifying its dialogue and cooperation with the United Nations Special Representative of the 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 Inter-American Commission on Human Rights.
8. To encourage member states to ensure that national regulations–including registration where applicable under national law–concerning human rights defenders and their organizations, allow their work to be carried out in a free, transparent, and open political environment and in a manner consistent with applicable international human rights and humanitarian law.
9. 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 Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
10. 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 Inter-American Commission on Human Rights.
11. To invite member states to inform the Inter-American Commission on Human Rights of measures adopted to follow up on the recommendations contained in the “Report on the Situation of Human Rights Defenders in the Americas,” prepared in 2006 by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights.
12. To request the Permanent Council to report to the General Assembly at its thirty-eighth 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.
STUDY OF THE
RIGHTS AND THE CARE OF PERSONS
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1) as it pertains to this topic, as well as resolutions AG/RES. 1816 (XXXI-O/01), AG/RES. 1897 (XXXII-O/02), AG/RES. 1927 (XXXIII-O/03), AG/RES. 2037 (XXXIV-O/04), AG/RES. 2125 (XXXV-O/05), and AG/RES. 2233 (XXXVI-O/06);
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 (CAJP) 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);
The Recommendations of the First Meeting of Officials Responsible for the Penitentiary and Prison Policies of the OAS Member States (GAPECA/doc.04/03), held in Washington, D.C., on October 16 and 17, 2003;
That the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the Inter-American Commission on Human Rights is preparing a draft “Declaration of Principles on the Protection of Persons Deprived of Freedom in the Americas”; 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 the 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 (IACHR) 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 of the work of the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the Inter-American Commission on Human Rights and the results of the Second Meeting of Officials Responsible for Penitentiary and Prison Policies, to be held pursuant to the REMJA-VI decision, indicating the need for it to be held as soon as possible, it should consider the possibility of drafting an inter-American declaration on the rights, duties, and 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.[4]/
7. To request the Permanent Council to report to the General Assembly at its thirty-eighth 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.
SITUATION OF THE INTER-AMERICAN INDIAN INSTITUTE
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1718 (XXX-O/00), “Reform of the Inter-American Indian Institute”; AG/RES. 1933 (XXXIII-O/03) and AG/RES. 2046 (XXXIV-O/04), “Support for the Restructuring of the Inter-American Indian Institute”; and AG/RES. 2131 (XXXV-O/05), “Situation of the Inter-American Indian Institute”;
TAKING INTO ACCOUNT the observations and recommendations on the annual reports of the organs, agencies, and entities of the Organization of American States (OAS), in particular regarding the annual report of the Inter-American Indian Institute (III) (CP/doc.4175/07);
RECOGNIZING that the Inter-American Indian Institute was established in 1940, with the signing of the Pátzcuaro Convention, for the main purpose of fostering collaboration in the coordination of indigenous policies of the member states; of requesting, compiling, organizing, and distributing scientific research, legislation, historical archives, and other documents related to the indigenous peoples of the Americas; and of carrying out publication and dissemination activities to bring about an increased awareness of indigenous peoples [AG/RES. 2046 (XXXIV-O/04)];
RECOGNIZING ALSO that, in 1953, the Institute became an inter-American specialized organization of the OAS, whose status was the subject of the Agreement between the Organization and the Institute dated October 28, 1985, and that it currently coordinates necessary research to foster a better understanding of the present situation of indigenous peoples of the region and provides technical assistance for the establishment of development programs for said indigenous peoples;
CONCERNED over the difficult financial situation that the III has endured for a considerable period of time, which significantly hampers its capacity to carry out the plans and achieve the objectives that led to its establishment;
TAKING INTO ACCOUNT the decision taken by the Governing Board of the III on October 2, 2001, whereby the commitment was renewed to support the Institute and preserve its historical and documentary heritage;
RECOGNIZING the urgency of examining the future of the Institute; and
BEARING IN MIND the need to continue reaffirming and broadening the commitment of states to promote the integral development of indigenous peoples,
RESOLVES:
1. To recognize the important historical work of the Inter-American Indian Institute (III) and the value of its historical and documentary heritage.
2. To request the Permanent Council to call, within the framework of the Committee on Juridical and Political Affairs (CAJP), for the establishment of a working group consisting of the III member countries and of other member states wishing to participate to:
a. Study the situation of the Inter-American Indian Institute in order to present recommendations on its future, taking into account the proposals of its Director General, as well as inputs transmitted in writing by representatives of the indigenous peoples, experts, other entities interested in the matter, and civil society organizations pursuant to the Guidelines for Participation by Civil Society Organizations in OAS Activities;
b. Consider the protection and overall development of the important historical and documentary resources of the Institute; and
c. Report its findings to the CAJP in the second half of 2007, to enable the Permanent Council to adopt the corresponding decisions.
3. To request the Permanent Council to report to the General Assembly at its thirty-eighth regular session on the results of this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources.
RIGHT TO FREEDOM
OF THOUGHT AND EXPRESSION
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1);
TAKING INTO ACCOUNT resolution AG/RES. 2237 (XXXVI-O/06), “Right to Freedom of Thought and Expression and the Importance of the Media”;
UNDERSCORING the Declaration of Santo Domingo: Good Governance and Development in the Knowledge-Based Society [AG/DEC. 46 (XXXVI-O/06)], adopted on June 6, 2006;
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;
BEARING IN MIND principles 10 and 11 of the Declaration of Principles on Freedom of Expression of the Inter-American Commission on Human Rights (IACHR), of 2000, which refer to the decriminalization of “desacato” (offensive expressions directed at public officials);
RECALLING the relevant volumes of the Annual Reports of the IACHR for 2004, 2005, and 2006 on freedom of expression, as well as the comments by member states during meetings at which said reports were presented;
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 significance 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 freedom of 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 free and independent 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, public order (ordre public), or 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, 2005, and 2006 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 invite member states to consider the recommendations concerning defamation made by the Office of the Special Rapporteur for Freedom of Expression of the IACHR, namely by repealing or amending laws that criminalize desacato, defamation, slander, and libel, and, in this regard, to regulate these conducts exclusively in the area of civil law.
13. 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:
a. Public demonstrations as exercise of the right to freedom of expression; and
b. 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 for Freedom of Expression, and experts from the member states, all for the purpose of sharing their experiences with these issues.
14. To take into consideration the findings of, and views expressed at, the Special Meeting on Freedom of Thought and Expression, held on October 26 and 27, 2006, in the framework of the Committee on Juridical and Political Affairs; and to request the Special Rapporteur of the IACHR to report on the conclusions and recommendations issued by the experts at that special meeting, in order to follow up on the matter.
15. To request the Permanent Council to report to the General Assembly at its thirty-eighth 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.
THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the report on this topic included in the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1);
EXPRESSING ITS SATISFACTION with the adoption of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families, through its resolution AG/RES. 2141 (XXXV-O/05);
NOTING the special meeting of the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council of the Organization of American States (OAS), held on February 13, 2007, on the implementation of the Inter-American Program and proposals for new optional activities by the states, as well as the presentations of the organs, agencies, and entities of the OAS;
REAFFIRMING that the American Declaration of the Rights and Duties of Man proclaims that all persons are equal before the law and have the rights and duties established therein, without distinction as to race, sex, language, creed, or any other factor;
EMPHASIZING that the American Convention on Human Rights recognizes that the essential rights of the human individual are not derived from the fact that a person is a national of a certain state, but are based upon attributes of the human personality;
REAFFIRMING 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 particular relevance with respect to protection of the human rights of migrant workers and their families;
TAKING INTO ACCOUNT:
Its 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), AG/RES. 2130 (XXXV-O/05), and AG/RES. 2224 (XXXVI-O/06); and
The Annual Report of the Inter-American Commission on Human Rights to the General Assembly, especially the chapter on the situation of migrant workers and members of their families in the Hemisphere (CP/doc.4188/07 Vol. I);
CONSIDERING:
That the Heads of State and Government gathered at the Third Summit of the Americas recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and committed to ensuring dignified, humane treatment with applicable legal protections and to strengthening mechanisms for hemispheric cooperation to address their legitimate needs;
That in the Declaration of Nuevo León of the Special Summit of the Americas, the Heads of State and Government highlighted the importance of cooperation among countries of origin, countries of transit, and receiving countries to ensure full protection of the human rights of all migrants, including migrant workers and their families, the defense of human rights, and safe and healthy labor conditions for migrants, and to adopt effective measures against trafficking in persons;
That the Heads of State and Government gathered at the Fourth Summit of the Americas adopted the Declaration of Mar del Plata, “Creating Jobs to Confront Poverty and Strengthen Democratic Governance,” and its Plan of Action, in which they reaffirmed, inter alia, important commitments related to the human rights of migrant workers;
That practically all the countries in the Hemisphere are countries of origin, countries of transit, and receiving countries for migrants and have the authority to regulate the immigration of persons into their territories, in accordance with applicable international law, including international human rights law, international humanitarian law, and international refugee law;
The migrant programs adopted by some countries, which permit the integration of migrants into the receiving countries, facilitate family reunification, and promote a climate of harmony, tolerance, and respect;
The positive contributions often made by migrants, both to their countries of origin and to the transit or receiving countries, and their gradual incorporation into the receiving societies; as well as the efforts made by some transit or receiving countries to attend both to the needs of migrants and to those of the receiving or local community;
The entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on July 1, 2003; the installation and initiation of work of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families; and the entry into force of the Protocol against the Smuggling of Migrants by Land, Sea and Air, on January 28, 2004, and of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, on December 25, 2003, which supplement the United Nations Convention against Transnational Organized Crime (Palermo Convention);
Advisory Opinion OC-16/99, “The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law,” issued by the Inter-American Court of Human Rights on October 1, 1999;
Advisory Opinion OC-18/03, “Juridical Condition and Rights of the Undocumented Migrants,” issued by the Inter-American Court of Human Rights on September 17, 2003; and
The judgment issued by the International Court of Justice on March 31, 2004, in the case Avena and Other Mexican Nationals;
TAKING INTO ACCOUNT:
That, in the Strategic Plan for Partnership for Development 2002–2005 of the Inter-American Council for Integral Development (CIDI), support for vulnerable groups such as migrant workers was identified as a priority in the implementation of policies and programs to facilitate access to the labor market and to improve working conditions; and
That the Plan of Action of the Third Summit of the Americas provided for the establishment of an inter-American program within the OAS for the promotion and protection of the human rights of migrants, including migrant workers and their families, taking into account the activities of the Inter-American Commission on Human Rights (IACHR) and supporting the work of the IACHR Special Rapporteurship on Migrant Workers and Their Families and of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights;
CONCERNED over the extremely vulnerable situation in which many migrant workers and their families in the Hemisphere find themselves and over the persistent obstacles that prevent them from fully exercising their human rights;
BEARING IN MIND that policies and initiatives on the issue of migration, including those that refer to the orderly management of migration, should promote holistic approaches that take into account the causes and consequences of the phenomenon, as well as full respect for the human rights and fundamental freedoms of migrants;
BEARING IN MIND ALSO that migrants are often victims of crimes, mistreatment, discrimination, racism, and xenophobia in transit and receiving countries, and that women migrants who are unaccompanied or heads of household are especially vulnerable to gender-based violence and other forms of sexual and labor exploitation, which calls for broad cooperation to address these situations, as well as the potential vulnerability of migrants’ families in the countries of origin;
TAKING NOTE of the regional initiatives, activities, and programs of the Regional Conference on Migration (Puebla Process) in North America, the countries of Central America, and the Dominican Republic; the ministerial dialogue among Mesoamerican countries, the Dominican Republic, Ecuador, and Colombia; as well as the South American Conference on Migration and the Specialized Forum on Migration of MERCOSUR; and
BEARING IN MIND that all migrants and their advocates have a duty and obligation to obey all the laws of sending, transit, and receiving countries,
RESOLVES:
1. To strongly condemn manifestations or acts of racism, racial discrimination, xenophobia, and related forms of intolerance against migrants, as well as all forms of racism, racial discrimination, xenophobia, and related forms of intolerance with respect to access to employment, professional training, housing, instruction, health services, social services, and services to the public.
2. To express concern about legislation and measures adopted by some states that may restrict the human rights and fundamental freedoms of migrants; and to reaffirm that, when exercising their sovereign right to enact and implement migratory and border security measures, states have the duty to comply with their obligations under international law, including international human rights law, in order to ensure full respect for the human rights of migrants.
3. To request all states, international organizations, and other relevant stakeholders to take into account in their policies and initiatives on migration issues the global character of the migratory phenomenon and to give due consideration to international, regional, and bilateral cooperation in this field, including by undertaking dialogues on migration that include countries of origin, destination, and transit, as well as civil society, including migrants, with a view to addressing, in a comprehensive manner, inter alia, its causes and consequences and the challenge of undocumented or irregular migration, granting priority to the protection of the human rights of migrants.
4. To reaffirm the duty of states parties to the 1963 Vienna Convention on Consular Relations to comply with that Convention, including the right to communication between consular officers and their nationals in cases of detention and the obligation of the states parties in whose territory the detention occurs to inform the foreign national of that right; and, in that connection, to call the attention of states to Advisory Opinion OC-16/99 of the Inter-American Court of Human Rights and to the ruling of the International Court of Justice of March 31, 2004, in the case Avena and Other Mexican Nationals, on the obligation to comply with Article 36 of the Vienna Convention.
5. To call the attention of the states to Advisory Opinion OC-18/03 of the Inter-American Court of Human Rights, which holds that “the migratory status of a person cannot constitute a justification to deprive him of the enjoyment and exercise of human rights, including those of a labor-related nature.”
6. To encourage member states to consider the adoption of programs aimed at integrating migrants into their societies, in order to promote a climate of harmony, tolerance, and respect.
7. To encourage constructive dialogue and cooperation among member states so as to improve their migration policies and practices with a view to providing adequate protection to all migrants, including migrant workers and their families, and in order to promote migration processes in keeping with the domestic legal system of each state and applicable international law.
8. To urge member states to consider the signature and ratification of, ratification of, or accession to the inter-American human rights instruments, as the case may be, and to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.
9. To call upon member states to consider the signature and ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
10. To instruct the Permanent Council to continue supporting the work of the Inter-American Commission on Human Rights (IACHR) in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights and those of the International Organization for Migration (IOM).
11. To request that, during the 2008-2009 biennium, pursuant to paragraph V.A of the Inter-American Program and in cooperation with the relevant organs, agencies, and entities of the Organization of American States (OAS), the Secretary General follow up on the Work Plan of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families, which he presented on February 13, 2007 (CP/CAJP-2456/07).
12. To instruct the relevant organs, agencies, and entities of the Organization to support, during the 2008-2009 biennium, the execution of and, when appropriate, to implement the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.
13. To encourage states to consider, in the design, execution, and evaluation of their migration policies, the optional activities suggested in the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.
14. To convene, as established in the Inter-American Program, a meeting of the Committee on Juridical and Political Affairs (CAJP) in the first half of 2008 and another one in the first half of 2009, with the participation of government experts and representatives of the organs, agencies, and entities of the inter-American system, other international organizations, and civil society, for the purpose of sharing best practices and activities carried out last year in support of the Program, as well as new proposals that might be incorporated into it.
15. To request the relevant organs, agencies, and entities of the Organization to include, in their annual reports to the General Assembly at its thirty-eighth and thirty-ninth regular sessions, their actions aimed at implementing the activities set out in the Program.
16. To request the CAJP to convene, periodically and as appropriate, the organs, agencies, and entities of the Organization with a view to facilitating free-flowing dialogue with the member states on implementation of the activities assigned to the Organization by the Inter-American Program.
17. To instruct the Permanent Council to constitute a specific fund composed of voluntary contributions, called the “Fund for the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families,” to contribute to funding of the activities assigned to the organs, agencies, and entities of the OAS in support of this Program; and to urge member states, permanent observers, regional organizations, international organizations, and civil society organizations to contribute to the Fund.
18. To urge the General Secretariat, working through the Department of International Legal Affairs, to disseminate, inter alia, the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.
19. To request the Inter-American Agency for Cooperation and Development (IACD) to strengthen communication and coordination with the IACHR, the IOM, the International Labour Organization (ILO), and other pertinent organizations, agencies, and entities and, in that context, to follow up in particular on IACD partnership-for-development activities under the Strategic Plan for Partnership for Development 2002–2005, related to the situation of migrant workers and members of their families.
20. To entrust the Inter-American Commission on Human Rights with:
a. Considering the advisability of participating in joint cooperation projects conducted by the IACD in this area;
b. Providing its Special Rapporteurship on Migrant Workers and Their Families with the necessary and appropriate means to perform its functions, within the resources allocated in the program-budget of the Organization and other resources; and
c. Presenting to the Permanent Council a report on the status of the rights of migrant workers and their families, prior to both the thirty-eighth and thirty-ninth regular sessions of the General Assembly.
21. To invite member states, permanent observers, organs, agencies, and entities of the inter-American system, and others to contribute to the Voluntary Fund of the IACHR Special Rapporteurship on Migrant Workers and Their Families.
22. To urge member states to consider inviting the Special Rapporteur on Migrant Workers and Their Families to visit their countries to enable said Rapporteur to perform his or her functions effectively.
23.
To request
the Permanent Council to report to the General Assembly at its
thirty-eighth and its thirty-ninth regular sessions 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.
OBSERVATIONS AND
RECOMMENDATIONS ON THE ANNUAL REPORT
(Adopted at the fourth plenary session, held on June 5, 2007)
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.4763/07);
CONSIDERING:
That, in the Charter of the Organization of American States (OAS), 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;
That, under the OAS Charter and the American Convention on Human Rights, the principal function of the Inter-American Commission on Human Rights (IACHR) is to promote the observance and protection of human rights;
That in the Declaration and Plan of Action of the Fourth Summit of the Americas (Mar del Plata, Argentina, 2005) the Heads of State and Government recognized that the promotion and protection of human rights, on the basis of the principles of universality, indivisibility, and interdependence, are essential to the functioning of democratic societies, as well as the need to continue the process of strengthening and enhancing the effectiveness of the inter-American human rights system to achieve, among other objectives, greater accession to the legal instruments, effective observance of the decisions of the Inter-American Court of Human Rights, and due consideration of the recommendations of the Inter-American Commission of Human Rights;
THANKING the Governments of Guatemala and Paraguay for the invitations they extended to the IACHR to hold special sessions in those countries, as a means of promoting the inter-American human rights system; and
THANKING ALSO the Governments of Argentina, Brazil, Colombia, Guatemala, and Mexico, which have extended open and permanent invitations to the IACHR to visit those countries,
RESOLVES:
1. To adopt the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Commission on Human Rights (AG/doc.4763/07) 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 (IACHR) to enhance the protection and promotion of human rights and to reinforce the rule of law in the Hemisphere.
3. To encourage 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 IACHR, including, inter alia, precautionary measures; and
c. Continue to take appropriate action in connection with the annual reports of the IACHR, in the context of the Permanent Council and the General Assembly.
4. To note with satisfaction the decisions taken by governments of member states that have invited the IACHR to visit their respective countries; and to encourage all member states to continue this practice and to consider the requests filed by the IACHR to that end.
5. To encourage member states to continue inviting the IACHR to hold special sessions away from its headquarters.
6. To reiterate its request to the IACHR to present to the member states for their information a detailed report on the special session held in Mexico, with the participation of the Inter-American Court of Human Rights, from July 19 to 23, 2004.
7. To urge the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, and the Inter-American Institute of Human Rights to continue to hold specialized seminars from time to time for government officials, on the inter-American system for the promotion and protection of human rights.
8. To reiterate the importance of the application of the friendly settlement mechanism among parties concerned, in accordance with the American Convention on Human Rights and the Statute and Rules of Procedure of the Inter-American Commission on Human Rights.
9. To take the following actions with regard to financing of the IACHR:
a. Instruct the Permanent Council to continue analyzing ways to achieve an effective increase in the financial resources allocated to the IACHR in the program-budget of the Organization. To that end, thank the Secretary General for his work and urge him to continue his efforts and to present, prior to the thirty-eighth regular session of the General Assembly, additional proposals aimed at achieving adequate financing for the Commission in said program-budget;
b. Thank member states, permanent observers, and institutions that have made voluntary contributions to the IACHR; and
c. Suggest to donors that, to the extent possible, part of the voluntary contributions that they make not be earmarked for specific purposes, to give the Commission flexibility in allocating resources among its various activities and projects.
10. To invite the IACHR to:
a. Continue to take into account the observations and recommendations of the member states on its annual report and to adopt such measures as it considers pertinent based on such observations and recommendations;
b. Continue to publish on its Internet page, when member states so request, their observations and recommendations on its annual report to the General Assembly;
c. Continue to strengthen, pursuant to Article 15 of its Rules of Procedure, existing rapporteurships and operational units, in the most equitable manner possible, within the limits of its available resources, and in accordance with the procedures in effect for designating special rapporteurs; and
d. Continue to participate, through the members of the Commission, in the dialogue with member states, in the context of the Committee on Juridical and Political Affairs (CAJP), so as to follow up on the observations and comments of the states set forth in the reports on the meetings held on October 26, 2004 (CP/CAJP/SA.412/04 corr. 1 and CP/CAJP/INF.17/04), on March 9, 2006 (CP/CAJP-2311/05 add. 2 and 2-a), and on March 30, 2007 (CP/CAJP-2526/07), in particular those on the criteria used when applying its principal mechanisms for the protection of human rights and when applying its Rules of Procedure to the individual case system; and likewise on the role of the IACHR in proceedings before the Inter-American Court of Human Rights.
11. To instruct the CAJP, with a view to implementing operative paragraph 10.d, to:
a. Schedule meetings to continue its dialogue with the members of the IACHR; and
b. Hold a meeting in the second half of 2007, at which the IACHR would elucidate the amendments to its Rules of Procedure, their application, and their scope. Representatives of civil society will be able to take part in this meeting, in accordance with Permanent Council resolutions CP/RES. 759 (1217/99), “Guidelines for the Participation of Civil Society in OAS Activities,” and CP/RES. 840 (1361/03), “Strategies for Increasing and Strengthening Civil Society Participation in OAS Activities.”
12.
To request the
Permanent Council to report to the General Assembly at its
thirty-eighth 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 resource
STRENGTHENING OF
HUMAN RIGHTS SYSTEMS PURSUANT TO THE MANDATES
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permament Council to the General Assembly (AG/doc.4698/07 corr. 1) as it pertains to this topic, as well as resolutions AG/RES. 1828 (XXXI-O/01), AG/RES. 1890 (XXXII-O/02), AG/RES. 1925 (XXXIII-O/03), AG/RES. 2030 (XXXIV-O/04), AG/RES. 2075 (XXXV-O/05), and AG/RES. 2220 (XXXVI-O/06);
REAFFIRMING that universal promotion and protection of human rights, including civil, political, economic, social, and cultural rights, based on the principles of universality, indivisibility, and interdependence, as well as respect for international law, including international humanitarian law, international human rights law, and international refugee law, are essential to the functioning of democratic societies; and stressing the importance of respect for the rule of law, effective and equal access to justice, and participation by all elements of society in public decision-making processes;
REAFFIRMING ALSO the importance of the inter-American human rights system, whose organs have competence to promote the observance of human rights in all member states of the Organization, in accordance with the commitments undertaken by each state, and which operate in a manner subsidiary to national jurisdictional systems;
EXPRESSING that strengthening the autonomy of the Inter-American Commission on Human Rights (IACHR) in the context of the Charter of the Organization of American States, the American Convention on Human Rights, and the Statute and Rules of Procedure of said Commission, will lead to improvements in the inter-American human rights system;
CONSIDERING that the Organization can serve as a forum for contributing to the efforts of member states to develop and strengthen national systems for the promotion and protection of human rights; and
BEARING IN MIND the Declaration and Plan of Action of the Third Summit of the Americas (Quebec City, 2001) and of the Fourth Summit of the Americas (Mar del Plata, Argentina, 2005), in particular, paragraphs 45 and 62 of the Plan of Action of the Fourth Summit, on the development of comprehensive economic and social policies, and on strengthening of the inter-American human rights system, respectively,
RESOLVES:
1. To reaffirm the commitment of member states to continue strengthening and improving the inter-American system for the promotion and protection of human rights and, in that connection, to continue to take the following concrete measures aimed at implementing the respective mandates of the Heads of State and Government arising from the Summits of the Americas, in particular, the Third Summit (Quebec City, 2001) and the Fourth Summit (Mar del Plata, Argentina, 2005):
a. Universalization of the inter-American human rights system by considering the signature and ratification or ratification of, or accession to, as soon as possible and as the case may be, all universal and inter-American human rights instruments;
b. Compliance with the judgments of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights;
c. Improvement of access by victims to the mechanisms of the inter-American human rights system;
d. Adequate financing of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, including the fostering of voluntary contributions, so that they may continue to address their activities and responsibilities; and
e. Examination of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account, among other things, the views of those organs.
2. To recognize the following progress made in the specific areas of the inter-American human rights system, namely:
a. The broad process of reflection on the inter-American system for the promotion and protection of human rights, within the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council;
b. The dialogue held on March 30, 2007, within the CAJP, between member states and the organs of the inter-American human rights system (Inter-American Court of Human Rights and Inter-American Commission on Human Rights), as recorded in the report of the meeting (CP/CAJP-2526/07);
c. The signature by Argentina of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty; the deposit by Bolivia of the instrument of ratification of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador,” and of the Inter-American Convention to Prevent and Punish Torture; the deposit by Ecuador of the instrument of ratification of the Inter-American Convention on Forced Disappearance of Persons; and the ratification by the Dominican Republic and by Venezuela of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities; and
d. The voluntary contributions to facilitate the work of the organs of the inter-American human rights system made by Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Mexico, the United States, and Venezuela; by Denmark, the European Union, Finland, France, Ireland, Italy, Norway, Spain, and Sweden; and also by the Commonwealth Secretariat, the Inter-American Development Bank, the Open Society Foundation, and the Office of the United Nations High Commissioner for Refugees (UNHCR).
3. To instruct the Permanent Council to meet the objectives mentioned in operative paragraph 1 and to complement and consolidate the progress referred to in operative paragraph 2, by:
a. Continuing the broad process of reflection on the inter-American system for the promotion and protection of human rights, initiated within the CAJP, in consultation with the member states, specialized agencies of the inter-American human rights system, nongovernmental organizations, national human rights institutes, academic institutions, and experts in the field, regarding:
i. The major challenges facing the inter-American system for the promotion and protection of human rights in the Hemisphere;
ii. Possible actions to strengthen and improve the system; and
iii. The advisability of convening an inter-American human rights conference;
b. Continuing to examine, principally through the Committee on Administrative and Budgetary Affairs (CAAP) of the Permanent Council, ways to bring about adequate financing of the organs of the inter-American human rights system in the program-budget of the Organization;
c. Supporting any initiatives taken by the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to request funding from international and regional agencies to further the activities of the organs of the inter-American system for the promotion and protection of human rights;
d. Encouraging, in addition, member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights;
e. Continuing to consider ways to promote compliance with the judgments of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights by member states;
f. Continuing to analyze the priorities for improvement of the inter-American human rights system, including consideration of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account related information provided by the presidents of both organs;
g. Holding each year, within the CAJP, the dialogue between the member states and the members of the Inter-American Commission on Human Rights and judges on the Inter-American Court of Human Rights on how the inter-American human rights system operates. The CAJP will establish the agenda for said meeting at least two months in advance; and
h. Requesting the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to:
i. Continue to report on the correlation between, on the one hand, their respective Rules of Procedure and the amendments thereto that they adopt, and, on the other, the provisions of their respective Statutes and of the American Convention on Human Rights; and
ii. Continue to report on the impact and the meaning in practice of these regulatory reforms for the work of both organs and for the strengthening of the system.
4. To continue to promote the strengthening of national systems for the promotion and protection of human rights in member states; and, to that end, to urge the pertinent organs, agencies, and entities of the Organization to provide, in accordance with their capabilities and resources, cooperation and technical support to the member states that so request, in order to help enhance compliance with their international human rights obligations, and to develop cooperative relations and information exchange with, inter alia, the Ibero-American Federation of Ombudsmen, the Caribbean Ombudsmen’s Association, the Network of National Human Rights Institutions of the Americas, the Andean Council of Ombudsmen, and the Central American Ombudsman Council.
5. To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador.”
6. 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-eighth regular session.
PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1270 (XXIV-O/94), AG/RES. 1335 (XXV-O/95), 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. 1709 (XXX-O/00), AG/RES. 1770 (XXXI-O/01), AG/RES. 1771 (XXXI-O/01), AG/RES. 1904 (XXXII-O/02), AG/RES. 1944 (XXXIII-O/03), AG/RES. 2052 (XXXIV-O/04), AG/RES. 2127 (XXXV-O/05), AG/RES. 2226 (XXXVI-O/06), and AG/RES. 2231 (XXXVI-O/06);
RECALLING ALSO that, under the Charter of the Organization of American States (OAS) and pursuant to all applicable provisions of international humanitarian law and international human rights law within their respective spheres of application, human rights and fundamental freedoms must always be respected, including in situations of armed conflict;
DEEPLY CONCERNED about the persisting violations of international humanitarian law that continue to cause suffering to all victims of armed conflict;
WELCOMING the goals of resolution 61/89 of the United Nations General Assembly; and urging states to consider participation in discussions on the feasibility, scope, and parameters of a broad, legally binding draft instrument on trade in conventional weapons;
RECALLING that it is the obligation of all member states, in all circumstances, to respect and ensure respect for the 1949 Geneva Conventions;
CONSIDERING that international humanitarian law contains provisions that reflect customary international law that states must observe;
EMPHASIZING that in cases of serious violations of international humanitarian law constituting crimes under international law, states have the duty to investigate, and if there is sufficient evidence, the duty to submit to prosecution the person allegedly responsible for the violations, and if said person is found guilty, the duty to punish him/her;
EMPHASIZING ALSO the obligation of states to take all necessary measures, including, when applicable, penal sanctions, for the suppression of other breaches;
UNDERSCORING the need to strengthen the rules of international humanitarian law by means of their universal acceptance, their broader dissemination, and the adoption of national measures for their application;
WELCOMING the universal adoption of the four 1949 Geneva Conventions on the protection of victims of war, to which 194 states are parties to date;
RECALLING that June 8, 2007, will be the 30th anniversary of the adoption of Additional Protocols I and II, of 1977, to which 34 and 33 OAS member states, respectively, are parties;
RECALLING ALSO that 11 member states have issued the declaration envisioned in Article 90 of Additional Protocol I, of 1977, on recognition of the competence of the International Humanitarian Fact-Finding Commission, and that on December 7, 2006, its 15 members were elected, including representatives of Chile, Colombia, and Uruguay;
AWARE of the Hemisphere’s rich cultural heritage, which contains cultural assets recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as world heritage, and which could benefit from the systems for the promotion and protection of international humanitarian law;
WELCOMING the entry into force, on January 14, 2007, of the third Additional Protocol to the 1949 Geneva Conventions, on the adoption of the red crystal as a distinctive emblem additional to the red cross and the red crescent, and its ratification by Honduras on December 8, 2006, and by the United States of America on March 8, 2007;
OBSERVING the entry into force, on November 12, 2006, of the 2003 Protocol on explosive remains of war (Protocol V) to 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;
RECALLING the adoption, on December 20, 2006, by the United Nations General Assembly, of the International Convention for the Protection of All Persons from Enforced Disappearance;
RECOGNIZING the important advisory work of the national committees or commissions on international humanitarian law in support of the efforts of states in the area of promotion of and respect for that law through the adoption of national enacting measures, and that 17 member states of the Organization have such organizations;
NOTING the Second Universal Meeting of National Committees or Other National Bodies on International Humanitarian Law, on legal measures and mechanisms for preventing the disappearance of persons, elucidating the fate of all persons who have disappeared, and helping their family members, held in Geneva from March 19 to 21, 2007, in which the General Secretariat actively participated, and in which some member states that have national committees or are establishing them also took part;
NOTING ALSO the results achieved at the following meetings in which representatives of member states and OAS officials took part:
a. United Nations Conference to Review Progress in the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (New York, June 26–July 7, 2006);
b. Regional Meeting of Experts on Weapons in International Humanitarian Law (Buenos Aires, August 22–23, 2006);
c. Third Review Conference of the States Parties to the 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 (Geneva, November 7–17, 2006);
d. Sixth Review Conference of the States Parties to the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (Geneva, November 20– December 8, 2006);
e. Special meeting of the Committee on Hemispheric Security on combating the proliferation of nuclear, chemical, and biological weapons, their delivery systems, and related materials (Washington, D.C., December 11, 2006);
f. Second Universal Meeting of National Committees or Other National Bodies on International Humanitarian Law (Geneva, March 19–21, 2007);
g. Regional Seminar of National Committees on International Humanitarian Law for Latin America and the Caribbean (San José, Costa Rica, January 18–19, 2007); and
h. Oslo Conference on Cluster Munitions (Oslo, February 22–23, 2007);
COMMENDING in that sense the holding on January 31, 2007, of the first specialized course on international humanitarian law for staff of the permanent missions and of the OAS, and of the Special Meeting of the Committee on Juridical and Political Affairs on Current Issues in International Humanitarian Law, on February 1, 2007; and
EMPHASIZING the special role of the International Committee of the Red Cross (ICRC) as a neutral, impartial, and independent institution working to protect and assist the victims of armed conflicts and other situations of armed violence, as well as to promote respect for international humanitarian law and the principles underlying it,
RESOLVES:
1. To urge member states and the parties engaged in armed conflict to honor their obligations under international humanitarian law, including those pertaining to safeguarding the well-being and dignity of protected persons and property, and the proper treatment of prisoners of war.
2. To urge member states that have not yet done so to consider becoming parties to the following treaties: a. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and its 1954 and 1999 Protocols, respectively;
b. The 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (Biological Weapons Convention);
c. The 1977 Additional Protocols I and II to the 1949 Geneva Conventions and the 2005 Additional Protocol III, including the declaration envisaged in Article 90 of Additional Protocol I;
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 1989 Convention on the Rights of the Child, and its 2000 Optional Protocol on the involvement of children in armed conflicts;
f. The 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention);
g. The 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their Destruction;
h. The 1997 Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA);
i. The 1998 Rome Statute of the International Criminal Court;
j. The 1999 Inter-American Convention on Transparency in Conventional Weapons Acquisitions;
k. The 1994 Convention on the Safety of United Nations and Associated Personnel; and
l. Additional Protocol III to the Geneva Conventions of August 12, 1949, relating to the adoption of an additional distinctive emblem, approved on December 8, 2005.
3. To invite member states to bring about the widest possible dissemination of the rules of international humanitarian law, in particular by incorporating them into military doctrine and manuals, so that armed forces will have the means and mechanisms necessary for their effective application; and by making use of the pertinent media so that such law may be familiar to the civilian population.
4. To urge member states to adapt their criminal law in order to meet their legal obligations under the 1949 Geneva Conventions and, in the case of the states parties thereto, the 1977 Additional Protocol I thereto with respect to the definition of war crimes, the complementary universal jurisdiction, and the responsibility of superiors.
5. To invite member states that are parties to the Rome Statute to cooperate fully with the International Criminal Court and to define under their criminal law the crimes that are within its jurisdiction.
6. To call upon member states to enact laws to regulate the use of and to prevent and, when applicable, punish the misuse of the red cross, red crescent, and, where applicable, red crystal emblems, as well as their denominations, as established in relevant treaties.
7. To urge member states, in keeping with their obligations under international law, to adopt effective measures to prevent the disappearance of persons in cases of armed conflict or other situations of armed violence, to determine the fate of those who have disappeared, and to attend to the needs of their family members.
8. To encourage member states to ensure the adoption of the necessary measures and mechanisms to protect cultural property from the effects of armed conflict, in accordance with their international obligations, and in particular to give consideration to the adoption of preventive measures related to the preparation of inventories, the planning of emergency measures, the appointment of competent authorities, and the enactment of laws to ensure respect for such property.
9. To remind those member states that are parties to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction of their obligation to prevent and suppress any activity prohibited therein when it is carried out by persons or in territory under their jurisdiction or control and of the importance of addressing the needs of victims of antipersonnel mines and, where appropriate, victims of explosive remnants of war, considering, as part of those needs, medical care, rehabilitation, and economic and social reintegration of the victims; and to invite member states to participate actively in the eighth meeting of states parties to the Convention, from November 18 to 22, 2007.
10. To urge member states to adopt, in accordance with their constitutional processes, legislative and other measures, including penal legislation, to implement fully the provisions of the 1925 Geneva Protocol, the 1972 Biological Weapons Convention, and the 1993 Chemical Weapons Convention, as well as to consider ways and means to enhance national implementation and regional and subregional cooperation on implementation of the Biological Weapons Convention.
11. To call upon member states to adopt all necessary measures to comply with their respective international legal obligations regarding the recruitment and use of children in armed forces or armed groups and to prevent their participation in hostilities, in accordance with recognized standards of international humanitarian law, international human rights law, and international refugee law.
12. To invite member states to consider adopting the appropriate measures, at the national and international levels, to address the grave humanitarian consequences of the unregulated availability of arms, in particular the enactment of laws aimed at strengthening control over the illicit manufacturing of and trafficking in firearms and other related materials, bearing in mind the pertinent provisions of international humanitarian law as one of the criteria for the manufacturing and transfer of weapons, as well as the Programme of Action adopted at the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (2001) and the results of its 2006 Review Conference.
13. To encourage member states to establish procedures for determining, when studying, developing, acquiring, or adopting a new weapon or new means or methods of warfare, whether using, manufacturing, stockpiling, exporting, or transferring them would be contrary to international humanitarian law, and, in that event, to prohibit their use by the armed forces and their manufacture for such purposes.
14. To appeal to the member states of the Organization of American States (OAS) to address the problems identified in resolution 61/89 of the United Nations General Assembly.
15. To recognize the humanitarian consequences of the use of cluster munitions; and to invite states to participate, in the pertinent forum, in ongoing discussions about how to address these consequences.
16. To invite member states to participate actively in the 30th International Conference of the Red Cross and Red Crescent Societies and to consider presenting pledges concerning the promotion of and respect for international humanitarian law.
17. To invite member states to continue to support the work of national committees or commissions responsible for the dissemination and implementation of international humanitarian law; and to urge states where such bodies do not exist to consider establishing them, as a means of strengthening conflict prevention and the role those bodies play in times of peace.
18. To request the Inter-American Juridical Committee to prepare and propose model laws supporting efforts to implement treaty obligations concerning international humanitarian law, on the basis of priority topics identified in consultation with the member states and the ICRC, and to present a progress report on this matter prior to the thirty-eighth regular session of the General Assembly.
19. To express its satisfaction over the cooperation between the Organization and the International Committee of the Red Cross in promoting respect for international humanitarian law and the principles that govern that law; and to urge the General Secretariat to continue to strengthen such cooperation.
20. To request the General Secretariat to continue organizing, in the context of the Committee on Juridical and Political Affairs, through the Office of International Law of its Department of International Legal Affairs, and in coordination with the ICRC, courses and seminars for staff of the permanent missions of the member states to the Organization of American States and for General Secretariat staff and the general public, in order to promote knowledge of and respect for international humanitarian law and related inter-American conventions, including measures for their effective implementation. 21. To instruct the Permanent Council to hold a special meeting, with support from the Office of International Law of the Department of International Legal Affairs, and in cooperation with the ICRC, on topics of current interest in international humanitarian law, including a high-level dialogue, prior to the thirty-eighth regular session of the General Assembly.
22. 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 to the General Assembly at its thirty-eighth regular session on the implementation of this resolution.
AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
(Adopted at the fourth plenary session, held on June 5, 2007)
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), AG/RES. 2073 (XXXV-O/05), and AG/RES. 2234 (XXXVI-O/06); and
HAVING SEEN the report of the Chair of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples on the activities carried out in 2006 and 2007 (GT/DADIN/doc.307/07 corr. 1) and the holding of the Eighth, Ninth, and Tenth Meetings of Negotiations in the Quest for Points of Consensus,
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 renew the mandate of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples 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.301/07) and taking into account the “Compendium of Proposals of Negotiations in the Quest for Points of Consensus Held by the Working Group” (GT/DADIN/doc.255/06 rev. 2 and add. 1) and other pertinent documents of the Working Group.
3. To request the Permanent Council to instruct the Working Group to:
a. Hold a special two-day meeting at OAS headquarters in September or October 2007 and before scheduling the Eleventh Meeting of Negotiations in the Quest for Points of Consensus, in order to engage in a process of reflection regarding the Draft American Declaration on the Rights of Indigenous Peoples. The outcomes and recommendations of the two-day meeting of the Working Group will be presented the day after that meeting to a special meeting of the Permanent Council by the Chair of the Working Group and the leaders of the Indigenous Peoples’ Caucus. The Permanent Council will consider those recommendations on how to strengthen the negotiation process in the presence of representatives of the indigenous peoples;
b. Hold up to three meetings of negotiations of up to five days each, between October 2007 and March 2008, at least one of which shall be held at OAS headquarters;
c. 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; and
d. 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.
4. 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 Preparation 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 reason(s) for choosing each beneficiary, ensuring that the assessments made are detailed and specific.
5. To thank Government and people of Bolivia for the successful organization of the Tenth Meeting of Negotiations in the Quest for Points of Consensus.
6. To request the Inter-American Commission on Human Rights, its Special Rapporteurship on Indigenous Peoples, the Summits Secretariat, the Office of International Law of the Department of International Legal Affairs of the General Secretariat of the Organization, and the Secretary General 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.
7. 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-eighth regular session.
PERSONS WHO HAVE
DISAPPEARED AND ASSISTANCE
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
RECALLING resolution AG/RES. 2231 (XXXVI-O/06) and resolutions on this subject from prior years;
TAKING INTO ACCOUNT that the problem of missing persons and assistance to members of their families is addressed in 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;
GUIDED by the four Geneva Conventions of 1949 and the two Additional Protocols of 1977 thereto, the American Declaration of the Rights and Duties of Man of 1948, the American Convention on Human Rights of 1969, the Inter-American Convention on Forced Disappearance of Persons of 1994, the International Convention for the Protection of All Persons from Enforced Disappearance of 2006, and applicable international law;
TAKING INTO ACCOUNT 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; 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; decision 2/105, “Right to the truth,” adopted by the United Nations Human Rights Council in November 2006; and resolution 61/155, “Missing persons,” adopted by the United Nations General Assembly on December 19, 2006; and
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,
RESOLVES:
1. To urge all parties involved in armed conflict and actors in other situations of armed violence to prevent the disappearance of persons, in accordance with applicable international law.
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 step up their efforts to shed light on the fate of persons who have disappeared and, to that end, to ensure that authorities and all mechanisms involved coordinate their work, cooperate among themselves, and complement one another’s efforts.
4. To urge member states to maintain, in keeping with their legal and administrative organization, complete birth and death records, and also to establish registries to collect and centralize information on persons presumed to have disappeared.
5. To urge member states to ensure that disappearance cases are impartially investigated by the competent authorities, in accordance with their international obligations and domestic legislation, and that the families of persons presumed to have disappeared are systematically involved in the efforts to clarify what has happened to them.
6. 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.
7. 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.
8. To urge member states to ensure that human remains are treated with due respect and in accordance with national and international practices and standards and legal and ethical standards applicable to the collection, exhumation, and management of unidentified remains, in order to assemble all the information needed to identify them and to ascertain the facts that led to that situation.
9. To encourage member states to take appropriate measures to ensure that the collection, exhumation, and management of human remains and other related procedures are carried out by forensic experts, respecting, if applicable, traditional practices.
10. To urge member states to ensure that fully identified human remains are returned to families and that the respective death certificates are issued.
11. To urge member states to punish those found guilty of violating, in armed conflict and other situations of armed violence, provisions of international human rights law and/or international humanitarian law, within their respective spheres of application, that protect persons from disappearances, in particular, forced disappearances.
12. To urge member states to adopt necessary legislative and/or administrative measures to prevent the systematic and deliberate denial of information exchange among families; obstacles to the provision of information on disappearance victims, in particular regarding identification processes; the illicit withholding of accessible information on a death or its cause and the reasons for or circumstances of a death; the destruction of evidence likely to clarify the fate of a person presumed to be missing; and the pillaging, desecration, or mutilation of the deceased.
13. To urge member states to ensure adequate protection of the personal data gathered in connection with disappeared persons, in accordance with the law.
14. To urge member states to cooperate among themselves in addressing the various aspects of the problem of the disappearance of persons, including in the area of support for families, the search for missing persons, collection, exhumation, and identification of human remains, and mutual assistance in criminal proceedings.
15. To encourage member states to request support from international and civil society organizations to address the problem of the disappearance of persons.
16. 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.
17. 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 and the International Convention for the Protection of All Persons from Enforced Disappearance.
18. To urge states, as applicable, to endeavor to carry out the mandates set forth in this resolution on an ongoing basis.
19.
To
instruct the Permanent Council to follow up on this resolution.
PROTECTION OF
ASYLUM SEEKERS
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
RECALLING its resolution AG/RES. 2232 (XXXVI-O/06), “Protection of Asylum Seekers, Refugees, and Returnees in the Americas,” and its resolutions AG/RES. 1762 (XXX-O/00), AG/RES. 1832 (XXXI-O/01), AG/RES. 1892 (XXXII-O/02), AG/RES. 1971 (XXXIII-O/03), and AG/RES. 2047 (XXXIV-O/04);
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; that, in 2006, Argentina, Costa Rica, and Uruguay adopted new domestic legal provisions for the protection of refugees; and that Chile, Mexico, and Nicaragua 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 and refugees 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 the efforts that countries of origin are 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 importance of implementation of the Mexico Plan of Action to Strengthen the International Protection of Refugees in Latin America, adopted by 20 Latin American states on November 16, 2004, in Mexico City, in the framework of the commemoration of the 20th anniversary of the 1984 Cartagena Declaration, which has enabled needs for protection to be addressed and progress to be made in the quest for durable solutions for refugees in the region;
WELCOMING the initiatives taken in accordance with that Plan of Action by Argentina, Brazil, and Chile to establish and implement the Regional Solidarity Resettlement Program, and the recent incorporation of Paraguay and Uruguay into said 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 based on 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 international instruments in the area of refugees, and to promote 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 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 collaborate in and support the strengthening and consolidation of the “Borders of Solidarity,” “Cities of Solidarity,” and “Resettlement in Solidarity” programs proposed in the Mexico Plan of Action.
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 recognize the efforts and the progress that the countries of origin have been making; and to encourage 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.
7. To recognize the efforts and progress that countries of the Hemisphere that receive refugees have made in implementing protective mechanisms, in accordance with international refugee law and the international principles of refugee protection.
8. To instruct the Permanent Council to organize, through the Committee on Juridical and Political Affairs and with support from the Office of International Law of the General Secretariat and the collaboration of the UNHCR, a special meeting on current topics in international refugee law.
9. To request the Permanent Council to report to the General Assembly at its thirty-eighth regular session on the results of this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources.
STRENGTHENING OF
THE NATIONAL HUMAN RIGHTS SYSTEMS OF THE
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolution AG/RES. 2221 (XXXVI-O/06), “Strengthening of the National Human Rights Systems of the Member States and Support for the Work of Defenders of the People, Defenders of the Population, and Human Rights Attorneys or Commissioners (Ombudsmen),” whereby it recognized the importance of national systems for the promotion and protection of human rights in safeguarding the rights of the individual;
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1);
TAKING INTO ACCOUNT that in the Charter of the Organization of American States, the American Convention on Human Rights, and the American Declaration of the Rights and Duties of Man, the member states proclaimed the fundamental rights of the individual without distinction as to race, nationality, creed, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition;
REAFFIRMING that the member states, through appropriate measures, have recognized the universal, indivisible, and interdependent nature of all human rights and the obligation to respect and protect the rights and fundamental freedoms of the individual;
RECALLING that the Vienna Declaration and Programme of Action of the World Conference on Human Rights reaffirmed, in paragraph 10, the right to development;
TAKING INTO ACCOUNT that the fundamental objective of national systems for the promotion and protection of human rights is to safeguard the rights of the individual;
BEARING IN MIND the Principles relating to the Status of National Institutions, “Paris Principles,” adopted by the United Nations General Assembly in its resolution 48/134, of December 20, 1993;
REAFFIRMING the importance of the inter-American human rights system, whose organs have competence to promote the observance of human rights in all member states of the Organization, in accordance with the commitments undertaken by each state, and which operate in a manner subsidiary to national jurisdictional systems;
TAKING INTO ACCOUNT that all member states have the obligation to promote and protect human rights and fundamental freedoms, without distinguishing among the specific national and regional characteristics and the different historical, cultural, and religious backgrounds of all states, regardless of their political, economic, and cultural systems; and recognizing that democracy is a universal value and there is no single model of democracy;
RECALLING resolutions AG/RES. 1505 (XXVII-O/97), AG/RES. 1601 (XXVIII-O/98), and AG/RES. 1670 (XXIX-O/99), in which the General Assembly recognized the work of ombudsmen in the Hemisphere, a concept recognized in the law of member states with names such as defenders of the people, defenders of the population, human rights attorneys, and human rights commissioners;
RECALLING ALSO the message transmitted by the United Nations Commission on Human Rights through resolution 2005/74, “National Institutions for the Promotion and Protection of Human Rights,” which, in paragraph 12, “[w]elcomes the continuation of the practice of national institutions convening regional meetings” and encourages national institutions, in cooperation with the Office of United Nations High Commissioner for Human Rights, “to continue to organize similar events with Governments and non-governmental organizations in their own regions”;
UNDERSCORING the work done by the Caribbean Ombudsmen’s Association, the Network of National Human Rights Institutions of the Americas, the Andean Council of Ombudsmen, the Central American Ombudsman Council, and the Ibero-American Federation of Ombudsmen;
RECALLING the exhortation contained in the aforementioned resolutions that member states of the inter-American system adopt measures to ensure that the defenders of the people, defenders of the population, human rights attorneys, and human rights commissioners enjoy political, administrative, and financial independence; and
TAKING INTO CONSIDERATION the Plan of Action of the Third Summit of the Americas (Quebec City, 2001) as it pertains to strengthening the capacity of national institutions responsible for the promotion and protection of human rights,
RESOLVES:
1. To reaffirm the fundamental importance of national human rights systems for the promotion and protection of human rights in strengthening the rule of law and social justice for the consolidation of democracy.
2. To reiterate its support for the politically, administratively, and financially independent work of the ombudsmen or defenders of the people, defenders of the population, human rights attorneys, and human rights commissioners in the countries of the Hemisphere, in the promotion and protection of human rights.
3. To recommend to member states that do not yet have institutions of the kind to which this resolution refers that they consider the possibility of establishing and operating them within the framework of their legal order.
4. To encourage the governments and organs of the inter-American system to promote the establishment of forums for dialogue between the institutions of the kind to which this resolution refers and the pertinent organs of the inter-American system, in order to strengthen their contribution to the democratic order in the Hemisphere.
5. To reaffirm the support of the Organization of American States for the work of the Caribbean Ombudsmen’s Association, the Network of National Human Rights Institutions of the Americas, the Andean Council of Ombudsmen, the Central American Ombudsman Council, and the Ibero-American Federation of Ombudsmen.
6. To reiterate to the Committee on Juridical and Political Affairs of the Permanent Council that it consider inviting the institutions to which this resolution refers to participate in the dialogue to be held among member states on human rights issues, given that their presence is necessary.
7. To
request the Permanent Council to report to the General Assembly at its
thirty-eighth 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.
OBLIGATION OF
THE MEMBER STATES TO RESPECT THE RULES, PRINCIPLES, AND
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
RECALLING that the historical, legal, and political foundations of the Organization of American States (OAS) includes the Pan American Union, which arose from the Amphictyonic Congress of Panama, convened to preserve the independence of the American republics, to promote peace and solidarity, to strengthen sovereignty, and to promote the economic, social, and cultural development of the peoples of the American Hemisphere;
TAKING INTO ACCOUNT resolution AG/RES. 2250 (XXXVI-O/06), “Obligation of Member States to Respect the Rules and Principles of International Law Contained in the Charter of the Organization of American States, in order to Preserve and Strengthen Peace in the Hemisphere,” and resolution AG/RES. 2150 (XXXV-O/05);
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1);
REAFFIRMING the principles of the Charter of the United Nations;
REAFFIRMING ALSO the following principles of the OAS Charter, which include that international law is the standard of conduct of states in their reciprocal relations, that international order consists essentially of respect for the personality, sovereignty, and independence of states and the faithful fulfillment of obligations derived from treaties and other sources of international law, and that good faith shall govern relations between states;
REAFFIRMING FURTHER the essential purposes set forth in Article 2 of the OAS Charter;
RECOGNIZING that the principles set forth in the OAS Charter and in international law are foundations of the inter-American system;
NOTING Appendix 1 of the report of the special meeting of the Committee on Juridical and Political Affairs on the principles of international law contained in the OAS Charter, held on March 22, 2007 (document CP/CAJP-2479/07), which states that “the principles are, in their interpretation and their application . . . interdependent and complementary, and they interact with each other”;
EMPHASIZING the principle of cooperation and that the principle of solidarity among the American states requires the political organization of those states on the basis of the effective exercise of representative democracy; and EMPHASIZING ALSO that every state has the right to choose, without external interference, its political, economic, and social system and to organize itself in the way best suited to it, and has the duty to abstain from intervening in the affairs of another state. Subject to the foregoing, the American states shall cooperate fully among themselves, independently of the nature of their political, economic, and social systems,
RESOLVES:
1. To appeal to member states to take into account and to observe in their inter-American relations the rules, principles, and essential purposes contained in the Charter of the Organization of American States (OAS) and international law, including other treaties and conventions they may adopt and any to which they are party, in particular those principles regarding the preservation and strengthening of peace in the Hemisphere.
2. To urge member states to continue their efforts to promote and disseminate these rules, principles, and purposes through courses, seminars, and forums.
3. To request that the Permanent Council, through the Committee on Juridical and Political Affairs, keep the topic on its agenda and take into account the report on the special meeting on the principles of international law contained in the OAS Charter (CP/CAJP-2479/07).
4. To request the Secretary General to provide support for the implementation of this resolution and to present a report thereon to the General Assembly at its thirty-eighth regular session.
CIVIL SOCIETY
ORGANIZATIONS AND THE PROTECTION
(Adopted at the fourth plenary session, held on June 5, 2007)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolutions CP/RES. 759 (1217/99), “Guidelines for the Participation of Civil Society Organizations in OAS Activities,” and CP/RES. 840 (1361/03), “Strategies for Increasing and Strengthening Participation by Civil Society Organizations in OAS Activities”;
BEARING IN MIND the “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms,” and United Nations General Assembly resolutions 53/144 and 60/161;
RECOGNIZING that civil society organizations, including nongovernmental organizations (NGOs), play a significant role in building free, accountable, democratic, and inclusive societies, and also constitute important actors in the promotion and protection of human rights and fundamental freedoms, including civil, political, economic, social, and cultural rights;
RECOGNIZING ALSO that civil society organizations, including NGOs, contribute to the workings of the bodies and organizations of the inter-American system; and
CONSIDERING the relevant volumes of the annual reports of the Inter-American Commission on Human Rights, including the Report on the Situation of Human Rights Defenders in the Americas,
RESOLVES:
1. To instruct the Permanent Council to prepare and convene a special meeting to discuss best practices among member states that serve to strengthen participation of civil society organizations, including nongovernmental organizations (NGOs), in the areas of human rights and democracy promotion, as well as best practices regarding the participation of civil society organizations in activities of the Organization of American States relating to human rights and democracy promotion. This meeting will include contributions by and participation of the Inter-American Commission on Human Rights and civil society organizations, in accordance with resolution CP/RES. 759 (1217/99).
2. To request the Permanent Council to report to the General Assembly at its thirty-eighth 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.
[1] The Permanent Mission of El Salvador presented a statement in support of this resolution, provided that its content does not affect the peace and national reconciliation agreements based on amnesties called for and negotiated by the parties to the conflict. Said statement appears in the minutes of the session. [2] The delegation of the Bolivarian Republic of Venezuela reiterates the reservation it made on adopting the Declaration of Panama, on March 2, 2007, at the Seventh Regular Session of the Inter-American Committee against Terrorism (CICTE). [3] Reservation by 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. The United States will continue to be a forceful advocate for the principle of accountability for war crimes, genocide and crimes against humanity, but cannot support the flawed International Criminal Court (ICC). Thus, the United States has not ratified the Rome Statute and has no intention of doing so. In light of this position, the United States cannot join in the consensus on an OAS resolution that promotes the Court, nor support the use of the OAS regular budget to fund cooperation and any other support rendered to the ICC, including under any OAS-ICC cooperation agreement. The United States understands that any such support will result only from specific fund contributions. [4] The delegation of the United States did not participate in the consensus on operative paragraph 6 of this resolution. The Ministers of Justice and Attorneys General of the Hemisphere, meeting in the Dominican Republic, have requested another meeting, the Second Meeting of Officials Responsible for Penitentiary and Prison Policies, to examine the same matters as those referred to in this paragraph, which asks the Permanent Council to undertake this work. The delegation of the United States considers that this request to the Permanent Council is inappropriate because it would duplicate the mandate. |
