SECTION THREE

ACTIVITIES OF THE COMMISSION DURING 1976

          The Inter-American Commission on Human Rights held three sessions during 1976, its thirty-seventh (special), thirty-eighth and thirty-ninth. These meetings took place at the headquarters of the Commission, the General Secretariat of the Organization of American States, Washington, D.C., USA.

A.          Thirty-seventh session (special)

          The Commission held its thirty-seventh session during the period March 8-12, 1976. The main purpose of this special session was to prepare the “Second Report on the Situation of Human Rights in Chile”, in compliance with the provisions of resolution AG/RES. 190 (V-O/75), adopted by the General Assembly at its fifth regular session.

          The following members of the Commission attended this session: Dr. Andrés Aguilar, Chairman (Venezuela); Dr. Carlos A. Dunshee de Abranches, Vice Chairman (Brazil); Professor Manuel Bianchi (Chile); Dr. Genaro R. Carrió (Argentina); Dr. Justino Jiménez de Aréchaga (Uruguay) and Mr. Robert F. Woodward (United States). Dr. Gabino Fraga (Mexico) was absent for reasons of health.

          Resolution 190 of the General Assembly of the OAS

          The General Assembly of the Organization of American States, at its plenary session held on May 19, 1975, adopted a resolution (AG/RES. 190) by means of which it decided, in operative paragraph 4:

         To request the Inter-American Commission to secure, by all appropriate means, additional information, to consider that information, and to submit a report on the status of human rights in Chile to the next session of the General Assembly, ensuring that the Government of Chile has reasonable time to submit its own observations.

          In implementation of the provisions of the aforesaid resolution, the Commission undertook the task of drafting a second report on the status of human rights in Chile, and it examined how the situation had evolved since August 2, 1974, the date on which the in situ observation referred to in its first report was completed.

          Bearing in mind the General Assembly’s request that it present to its sixth regular session a report that would be as up to date as possible, and also that the Government of Chile have a reasonable time in which to examine such document prior to debate on it by the Assembly, the Commission decided that the new report would cover the period between August 2, 1974 and March 12, 1976.

          Meeting of the Working Group to prepare the Draft Report

          At its thirty-sixth session (October 1975), the Commission decided to establish a working group whose mandate was to prepare a raft report on the status of human rights in Chile. This group was composed of Dr. Abranches, who served as chairman, and Drs. Jiménez de Aréchaga, Carrió and Woodward.

          The members of the working group met on March 3, 4 and 8, 1976, prior to the opening of the thirty-seventh session, at the headquarters of the Commission.

          The group then submitted an oral report to the Commission on the progress of its work.

          Hearing granted to the representative of the Government of Chile

          At its thirty-seventh session, the Commission decided, at the petition of the Government of Chile, to grant a hearing to Ambassador Sergio Diez so that he might make a statement to the Commission. This meeting took place on March 10, 1976, at which time Ambassador Diez made a general statement on the situation of human rights in Chile.

          Approval of the Second Report on the Situation of Human Rights

          in Chile and its submission to the Government of Chile and to the

          Secretary General of the OAS

          At its session held on March 12, 1976, the Commission adopted the “Second Report on the Situation of Human Rights in Chile”, and on March 31, 1976, sent one copy of the report to the Minister of Foreign Relations of Chile, and another copy to the Permanent Representative of Chile to the OAS, in order that the Chilean government might have a reasonable time in which to present its observations thereto.

          On April 30, 1976, the Chairman of the Commission transmitted a copy of the above-mentioned report to the Secretary General of the OAS.

B.          Thirty-eighth session

          The Commission held its thirty-eighth session from May 24 to June 4, 1976. The following members were present: Dr. Andrés Aguilar, Chairman; Dr. Carlos A. Dunshee de Abranches, Vice Chairman; Prof. Manuel Bianchi, Dr. Genaro R. Carrió, Dr. Gabino Fraga, Dr. Justino Jiménez de Aréchaga, and Mr. Robert F. Woodward. Most of this session was devoted to a case-by-case consideration of approximately 160 alleged violations of human rights in the member states.

          Report on the Status of Human Rights in Cuba

          The Commission published report son the status of human rights in Cuba in 1962, 1963, and 1967. In 1970, it prepared a “Second Report on the situation of political prisoners and their families in Cuba.”1 As of that year, the Commission continued to receive communications from individuals and organizations which alleged serious violations of basic human rights in that country.

          These denunciations were processed according to the Regulations and, in each case, the Government of Cuba was asked to provide the relevant information.  The Government did not reply to any of these requests.

          At its thirty-fourth session (April 1974), the Commission, bearing in mind the fact that the denunciations contained not only complaints of an individual nature, but also dealt with questions relating to the overall status of human rights in that country, decided to update the report published in 1970.

          The draft of the new report, which was prepared by the Secretariat, was studied by the Commission during its thirty-fifth session (May 1975), and a rapporteur was designated to revise the draft in accordance with the modifications agreed upon by the Commission.

          At its thirty-sixth session (October 1975), the Commission again took up its study of the draft, and examined the proposals of the rapporteur and other members.

          At the thirty-eighth session, the rapporteur presented the final version of the draft, and the Commission unanimously approved the “Fifth Report on the Status of Human Rights in Cuba.”2

          By a note dated May 28, 1976, the report was transmitted to the Secretary General of the OAS, with the request that he transmit it to the Permanent Council of the Organization for the purposes it might deem pertinent. A copy was also sent to the Government of Cuba which, once again, remained silent.

          The participants in the sixth regular session of the General Assembly of the Organization, which was held in Santiago, took cognizance of the “Fifth Report on the Status of Human Rights in Cuba”, but it was not discussed because there was not sufficient time to include it on the agenda of that session of the General Assembly.

          Observations of the Government of Chile on the Second Report on the

          Situation of Human Rights in Chile

          The Commission, at its thirty-seventh session (March 1976), decided that the observations made by the Government of Chile on the Commission’s report could be studied at its next regular session, if the Chilean government presented its observations in due time.

          At its thirty-eighth session, the Commission considered the observations of the Government of Chile,1 which had been received in the Secretariat on May 18, 1976, and came to the conclusion that they did not contribute any additional viewpoints that would justify amending its report.

          Hearing granted to the representatives of the Government of Chile

          Granting a request made by the Permanent Representative of Chile to the OAS on May 25, the Commission received Ambassador Diez and Dr. Miguel Schweitzer, Jr. on May 27. They provided additional information that they considered pertinent to the observations of the Government of Chile on the Second Report.

          C.          Sixth regular session of the General Assembly of the OAS

          The Commission was represented at the sixth regular session of the General Assembly of the OAS, held in Santiago, Chile, from June 4 to June 18, 1976, by its Chairman, Dr. Andrés Aguilar, by its Vice Chairman, Dr. Carlos A. Dunshee de Abranches, and by Mr. Robert F. Woodward, a member of the Commission.

          Three items related to the IACHR appeared on the agenda of the Assembly: (a) the Annual Report of the Commission; (b) the Second Report on the Situation of Human Rights in Chile, prepared by the IACHR; and (c) “Means to promote respect for human rights and to facilitate cooperation by the member states for that purpose”, a document presented by the Government of Chile. The First Committee of the General Assembly (Legal and Political Affairs) decided to deal with the three topics at the same time, without prejudice to the adoption of separate resolutions on the said topics.

          The Chairman of the Commission introduced the Annual Report of the IACHR, and the “Second Report on the Situation of Human Rights in Chile”, and provided the additional information requested of him.

          The General Assembly, at its fourth plenary session held on June 17, 1976, adopted the three draft resolutions submitted to it by the First Committee; the texts of these resolutions are given below:

ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION

ON HUMAN RIGHTS1

         THE GENERAL ASSEMBLY,

         HAVING SEEN the annual report of the Inter-American Commission on Human Rights for 1975, presented to it by the aforementioned Commission (AG/doc.632/76); and

         CONSIDERING:

         That according to that report, on the one hand, progress has been made in some countries in the hemisphere in the area of economic, social, and cultural rights, and on the other, the situation regarding effective observance and protection of civil and political rights, taken as a whole, is not worse than in previous years; and that violence continues to be a tool used by groups or organizations engaged in imposing their own political choices, or by government officials and agents and, consequently, the fundamental rights of life, liberty, and personal security are in constant jeopardy and are frequently violated;

         That the protection and safeguarding of human rights is one of the high purposes of the Organization of American States, and the observance of these rights is a source of friendship and solidarity among the member states, guaranteeing respect for human life and the dignity of man,

         RESOLVES:

         1. To take note of the report and to thank the Commission for the work it has been carrying out.

         2. To recommend that the member states, taking into account Part II of the aforementioned report of the Inter-American Commission on Human Rights, continue to adopt and apply the appropriate measures and legislative provisions to protect and fully maintain human rights, in accordance with the “American Declaration of the Rights and Duties of Man.”

SECOND REPORT OF THE INTER-AMERICAN COMMISSION

ON HUMAN RIGHTS

“THE STATUS OF HUMAN RIGHTS IN CHILE”1

         WHEREAS:

         This Assembly, at its fifth regular session adopted resolution AG/RES. 190 (V-O/75) operative paragraph 4 of which requested “the Inter-American Commission to secure, by all appropriate means, additional information, to consider that information, and to submit a report on the status of human rights in Chile” to this session of the General Assembly, “ensuring that the Government of Chile has reasonable time to submit its own observations”;

         The Inter-American Commission on Human Rights submitted its “Second Report on the Status of Human Rights in Chile” (AG/doc. 666/76) to this session;

         The Government of Chile presented its observations on the aforementioned report, with a note dated May 13, 1976 (AG/doc. 667/76);

         The conclusions reached in the Commission’s report demonstrate that although there has been a “quantitative drop in affronts to certain fundamental human rights,” some of the legal provisions aimed at preventing violation of those rights did not have appreciable beneficial effects;

         Although both the general and specific observations furnished by the Government of Chile concerning the facts charged in some cases nullify the charges, in others they fail to clarify information received by the Commission on affronts to human rights;

         Various delegations have made statements on the subject during the sixth regular session of the General Assembly of the Organization;

         The protection and safeguarding of human rights is one of the high purposes of the Organization of American States, and the observance of these rights is a source of friendship and solidarity among the member states, guaranteeing respect for human life and the dignity of man; and

         It is the mission of the Inter-American Commission on Human Rights to promote the observance and protection of human rights in every country of the Americas,

         THE GENERAL ASSEMBLY

         RESOLVES:

         1. To make a special appeal to the Government of Chile to continue adopting and implementing the necessary procedures and measures for effectively preserving and ensuring full respect for human rights in Chile.

         2. To request the Government of Chile to continue giving the Inter-American Commission on Human Rights all cooperation necessary to carry out its work and, at the same time, provide appropriate guarantees to persons or institutions that may provide information, testimony, or other types of evidence.

         3. To express its appreciation to the Inter-American Commission on Human Rights for its “Second Report on the Status of Human Rights in Chile” and request it to continue considering the status of human rights in that country and to report on this subject to the seventh regular session of the General Assembly in the manner it deems advisable.

MEANS TO PROMOTE RESPECT FOR HUMAN RIGHTS AND TO

FACILITATE COOPERATION BY THE MEMBER STATES

FOR THAT PURPOSE1

         THE GENERAL ASSEMBLY,

         HAVING SEEN the document containing the note from the Ambassador, Permanent Representative of Chile, which proposes the inclusion of the topic “Means to Promote Respect for Human Rights and to Facilitate Cooperation by the Member States for that Purpose” (AG/doc. 620/76) and the document presented by the same delegation to the sixth regular session of the General Assembly, entitled “Points to be considered in drawing up a draft resolution regarding the ‘Means to Promote Respect for Human Rights and to Facilitate Cooperation by the Member States for that Purpose’” (AG/doc. 2/76); and

         CONSIDERING:

         That during the course of this Assembly other delegations proposed actions relating to the same topic,

         RESOLVES:

         1. To refer the aforementioned documents and background material to the Permanent Council of the Organization for study, and to request the Council to inform the General Assembly, at its seventh regular session, of the results of this study.

         2. To request the Inter-American Commission on Human Rights to submit to the Permanent Council, for this purpose, its observations on the documents mentioned in this resolution.

          D.          Thirty-ninth session

          The Commission held its thirty-ninth session from October 25 to November 5, 1976.

          The following members participated in the session: Dr. Andrés Aguilar (Venezuela); Dr. Carlos A. Dunshee de Abranches (Brazil); Prof. Tom J. Farer (United States); Dr. Gabino Fraga (Mexico); Dr. Carlos García Bauer (Guatemala); Dr. José J. Gori (Colombia) and Dr. Fernando Volio Jiménez (Costa Rica), who were elected by the Permanent Council of the OAS at its meeting held on May 5, 1976, pursuant to Article 4 of the Statute of the Commission, for a term of four years beginning on June 20, 1976.

          During this session, the Commission elected its officers, pursuant to the provisions of Article 6.c of its Statute: Drs. Aguilar and Abranches were reelected as Chairman and Vice Chairman, respectively, for a term of two years. Also elected were Prof. Farer and Dr. Fraga, as the third member of the Permanent Subcommittee and alternate member, respectively.

          In addition to studying denunciations of alleged violations of human rights affecting large numbers of people, the Commission had to attend to many other tasks. The dramatic increase in the denunciations, and their gravity and frequency, gave rise to a careful study of the overall status of human rights in several countries, and in some cases, it was necessary to make a very detailed study of some important legal questions.

          In implementation of resolution AG/RES. 243 (VI-O/76), adopted by the General Assembly at its sixth regular session, the Commission began the process of drafting the third report on the status of human rights in Chile. For this purpose, it prepared questionnaires to solicit detailed information both from the Government of Chile and from organizations in that country. The questionnaires were duly sent to the proper recipients.

          Lastly, the Commission studied the general situation in the Americas, insofar as it pertains to the respect for and effective protection of human rights, and the means that could be used to improve this situation.

          Other activities – Inter-American Yearbook on Human Rights

          During this session, the Inter-American Yearbook on Human Rights, 1969-1970 was published as the third volume in the series.

          This bilingual volume covers in great detail the American Convention on Human Rights and the Inter-American Specialized Conference on Human Rights, at which the Convention was approved and which met in San José, Costa Rica, in November 1969. It also contains the Protocol of Amendment to the Charter of the OAS, insofar as it pertains to human rights.

          The volume also reports on the activities carried out by the Commission during 1969 and 1970, and contains the reports and studies prepared by it, as well as a bibliography on the subject of human rights. The publication comprises 542 pages, and was prepared by the Secretariat of the Commission.