CHAPTER II

 

ACTIVITES OF THE

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

          In 1979, the Inter-American Commission on Human Rights held three sessions: the forty-sixth, forty-seventh and forty-eighth. These were held at the headquarters of the Commission, at the General Secretariat of the Organization of American States, Washington, D.C. Moreover, the Commission conducted an on-site observation in the territory of the Republic of Argentina and carried out other activities.

 

          A.          Forty-sixth Session

 

          The Commission held its forty-sixth session at its offices in Washington, D.C., from March 5 through 9, 1979.

 

          The following members participated in that session: Carlos A. Dunshee de Abranches (Chairman), Tom J. Farer (Vice Chairman), Carlos García Bauer and Marco Gerardo Monroy Cabra. Andrés Aguilar, Gabino Fraga and Fernando Volio Jiménez, members of the Commission, were unable to attend for either personal or health reasons.

 

          At that session, the Commission approved the report submitted to it by the Special Commission that conducted an on-site observation in the Republic of Haiti in August of 1978.

 

          At that same session the Commission considered the observations made by the Government of El Salvador with respect to the Commission’s report on the situation of human rights in that country, which the Commission had approved at its previous session. It also analyzed the situation of human rights in Cuba and decided to continue to prepare a report on political prisoners in that country, without this precluding subsequent preparation of another report to include a more extensive study with respect to the observance of other human rights.

 

          Further, the Commission adopted a number of decisions concerning the organization of the on-site observation it would conduct in the Republic of Argentina in the course of the year.

 

          It also considered a preliminary draft convention on the prevention and punishment of torture as an international crime, which had been entrusted to the Inter-American Juridical Committee in coordination with the Commission.

 

          The Commission also considered the communications received immediately prior to its work, in which 425 new cases, involving a total of 643 victims from 16 countries, were denounced. As for earlier denunciations, the Commission continued to examine the cases and adopted a number of resolutions.

 

          Finally, the Commission granted hearings to individuals who requested them.

 

          B.          Forty-seventh Session

 

          The Commission held its forty-seventh session at its offices in Washington, D.C., from June 15 through 22, 1979.

 

          The Secretary General of the Organization of American States formally installed the Inter-American Commission on Human Rights which, in accordance with the 1969 Pact of San José, Costa Rica, had been elected by the General Assembly on May 22 of that year.

 

          By a consensus of its members and in view of the fact that the current session was the first that the Commission organized in accordance with the Pact of San José was to hold, the Commission felt that new officers for this organ should be elected, who would hold office until the General Assembly adopted and implemented the Commission’s new Statute.

 

          Dr. Andrés Aguilar was unanimously elected Chairman; Dr. Luis Demetrio Tinoco Castro was unanimously elected Vice Chairman. Dr. Marco Gerardo Monroy Cabra and Dr. Francisco Bertrand Galindo were elected principal and alternate members of the Permanent Committee, respectively.

 

          In addition to the members cited above, Dr. Carlos A. Dunshee de Abranches and Tom J. Farer took part in that session.

 

          During that session, acting in accordance with the American Convention on Human Rights and taking Permanent Council Resolution 253, of September 20, 1978, into account, the Commission adopted its Draft Statute, which was submitted to the General Assembly for approval.

 

          Moreover, the Commission prepared the annual report it was to submit to the General Assembly for consideration.

 

          Furthermore, the Commission considered the grave situation in Nicaragua with respect to human rights, in the light of the numerous denunciations it had received. In that regard, it sent a communication to the Eighteenth Meeting of Consultation of Ministers of Foreign Affairs, which was meeting at that time.

 

          In accordance with its Statute and Regulations, the Commission examined the situation of human rights in a number of American states.

 

          Finally, as it had been on previous occasions, the Commission granted hearings to individuals or representatives of institutions that requested such hearings.

 

          C.          On-site Observation in the Republic of Argentina

 

          Through a note dated December 18, 1978, the Government of Argentina invited the Commission to conduct an on-site observation in that country. It was originally set for May of 1979. However, because of the changes that occurred within the Commission as a consequence of the entry into force of the American Convention on Human Rights, the visit had to be postponed. It finally took place between September 6 and 20, 1979. At its forty-fifth session, the Commission had decided to accept the invitation and at its forty-seventh session, when the Government of Argentina renewed its invitation, the Commission proposed to conduct that observation on the dates mentioned above.

          In accordance with the Regulations, a Special Commission was appointed to conduct the on-site observation. That Commission was composed of the following members: Dr. Andrés Aguilar, Chairman; Dr. Luis Demetrio Tinoco Castro, Vice Chairman; Professor Carlos A. Dunshee de Abranches; Professor Tom J. Farer; Dr. Marco Gerardo Monroy Cabra and Dr. Francisco Bertrand Galindo.

 

          During its stay in Argentina, the Commission spoke with the President of the Republic, the members of the Junta de Gobierno, the President of the Supreme Court of Justice, the Ministers of the Interior, Foreign Affairs, Justice and Education, and with other civil and military authorities, both national and provincial.

 

          The Commission also had an opportunity to meet with the former president of the Republic, the President of the Argentine Episcopal Conference, and representatives of various political, religious, cultural, humanitarian, mass communications media, professional, scientific, business, union and student institutions, all of which provided it with important testimony with respect to the situation of human rights in Argentina.

 

          The Commission also visited the following penitentiaries: Caseros and Villa Devoto in Buenos Aires; Units 1 and 8 in Olmos, Unit 9 in La Plata, and the jails at Córdoba, Resistencia and Rawson, as well as the La Rivera military detention center in Córdoba and the Magdalena Military Detention Center in the province of Buenos Aires.

 

          In Buenos Aires, Córdoba and Tucumán the Commission received denunciations addressed to the Commission, alleging violations of human rights. For its part the Government of Argentina made an agreement with the Commission that it would not take any form of reprisals against persons that submitted denunciations to the Commission or against the agencies and institutions that provided it with information or testimony.

 

D.       Ninth Regular Session of the General Assembly of the Organization of American States

 

          At the ninth regular session of the General Assembly of the Organization, held in La Paz, Bolivia, from October 22 through 31, 1979, the Commission was represented by its Chairman, Dr. Andrés Aguilar, Commission members Professors Tom J. Farer and Carlos A. Dunshee de Abranches, and its Executive Secretary, Dr. Edmundo Vargas Carreño.

 

          The Chairman presented the Annual Report of the Commission, which was topic 22 on the Agenda.

 

          Moreover, the former Chairman of the Commission, Professor Carlos A. Dunshee de Abranches, presented the report on the situation of human rights in El Salvador.

 

          Further, as part of the Annual Report submitted to the General Assembly in accordance with the Charter of the Organization, the Commission presented the reports on the situation of human rights in Chile, Panama, Paraguay and Uruguay.

 

          At its twelfth plenary session, held on October 31, 1979, the General Assembly approved six resolutions related to human rights, the texts of which are as follows:

 

AG/RES. 443

 

ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON

HUMAN RIGHTS

 

         WHEREAS:

 

         The annual report of the Inter-American Commission on Human Rights (AG/doc.1101/79) concludes that, while there have been positive developments in the observance of human rights in the member states, there has been no appreciable improvement in the situation described in the previous annual report;

 

         Disappearances in certain countries have had a particular effect on the welfare of children either born to women after their “disappearance” or kidnapped with their parents—a method of repression which the Commission finds to be cruel and inhuman;

 

         Torture in some countries appears to be a common practice;

 

         Detention of persons without trial continues to be practiced often through the device of indefinite maintenance of a state of siege;

 

         Violations of human rights in the hemisphere still constitute one of the most serious problems afflicting the conscience of peoples and their governments;

 

         Restrictions still exist in Chile on the exercise of human rights;

 

         According to the Commission’s report, the number of denunciations about human rights in Uruguay has diminished in quantitative terms, but very many of the conditions described by the Commission still persist, and

 

         The Government of Paraguay has not complied with the recommendations made by the General Assembly at its eighth regular session,

 

         THE GENERAL ASSEMBLY

 

         RESOLVES:

 

         1. To congratulate the Inter-American Commission on Human Rights for the work it has done since the eighth session of the General Assembly, and to note its annual report with great interest.

 

         2. To congratulate the Government of Panama for having taken the initiative in inviting the Commission to visit the country, and for the cooperation it provided during the visit, and to take note of the measures taken by the Government of Panama to implement the recommendations contained in the Commission’s special report.

 

         3. To declare that the practice of disappearance is an affront to the conscience of the hemisphere, and is totally contrary to common traditional values and to the declarations and agreements signed by the American states, and to endorse the Commission’s recommendations for prompt clarification of the status of persons who have disappeared under circumstances described in the annual report.

 

         4. To endorse the United Nations Declaration on Torture, and to reiterate its support for completion of an OAS Convention defining torture as an international crime, pursuant to AG/RES. 368 (VIII-0/78).

 

         5. To urge the Government of Chile to step up adoption and implementation of the measures necessary effectively to preserve and ensure the full exercise of human rights in Chile, especially regarding clarification of the situation of those detained persons who have disappeared, return of exiles to their country, lifting of states of emergency, and prompt reinstatement of the right to vote.

 

         6. To reiterate the need for the Government of Paraguay to respect human rights, and to urge that government to demonstrate the willingness it expressed in a note from the Ministry of Foreign Affairs dated July 2, 1979, to cooperate with the Inter-American Commission on Human Rights by setting a date certain in the near future for its visit to that country, as agreed with the Government of Paraguay in September 1977.

 

         To request the Government of Paraguay to lift the state of siege throughout the country, and to permit all exiles to return.

 

         7. To reiterate its appeal to the Government of Uruguay for comprehensive implementation of the measures recommended by the Commission in its previous report, again to ask the Government of Uruguay to consider the possibility of inviting the Commission to visit the country, and to take note of the announcement by the Government of Uruguay that it is planning to hold general elections in 1981, taking into account the conclusions and observations set forth in the annual report of the Inter-American Commission on Human Rights.

 

         8. To request the Commission to continue to monitor the exercise of human rights in Chile, Paraguay and Uruguay, and to report thereon to the tenth regular session of the General Assembly.

 

AG/RES. 444

 

         ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS TO THE GENERAL ASSEMBLY: “RELIGIOUS FREEDOM”

 

 

         WHEREAS:

 

         The annual report of the Inter-American Commission on Human Rights (AG/doc.1101/79) refers to the situation of the religious group known as Jehovah’s Witnesses,

 

         THE GENERAL ASSEMBLY

 

         RESOLVES:

 

         1. To appeal to the member states not to place any impediment in their legislation on the exercise of the right to freedom of religion and of worship, in accordance with the American Declaration of the Rights and Duties of Man.

 

         2. Concerning Jehovah’s Witnesses and its associated agencies, to urge the re-establishment of their right to freedom of religion and worship based on the aforementioned Declaration.

 

AG/RES. 445

 

PROMOTION OF HUMAN RIGHTS

 

         THE GENERAL ASSEMBLY,

 

         REAFFIRMING its commitment to promote observance of the American Declaration of the Rights and Duties of Man,

 

         RESOLVES:

 

         1. To thank the individual members of the Inter-American Commission on Human Rights for their dedication to the important objectives of this Organization, and for the high level of objectivity and impartiality they have maintained in carrying out the mandate of the Commission to promote and defend human rights in this hemisphere.

 

2. To reaffirm recommendations made in AG/RES. 371 (VIII-0/78) that member states cooperate fully with the Commission, including giving their consent for on-site observations by the Commission.

 

3. To urge states where individuals have disappeared to refrain from adopting or implementing laws that would have the effect of impeding investigation of such disappearances.

 

AG/RES. 446

 

REPORT ON THE SITUATION OF HUMAN RIGHTS IN EL SALVADOR

 

HAVING SEEN the report of the Inter-American Commission on Human Rights on the situation of human rights in El Salvador and its conclusions on the responsibility of the previous government of El Salvador for the systematic violation of those rights, and

 

CONSIDERING:

 

That the protection and recognition of human rights is one of the high purposes of the OAS, and that observance of them is a source of solidarity among the member states as well as a guarantee of respect for human life and the dignity of man;

 

That the Revolutionary Government, which has been ruling El Salvador since October 15, 1979, has stated through its delegation to the Organization that the regime referred to in the report was deposed, among other reasons, for having violated the human rights of the Salvadorian people;

 

That the Salvadorian delegation has informed the American states during this ninth regular session of the General Assembly that the basis and aim of the program of the Revolutionary Government is to guarantee full observance of human rights, and that it is therefore solemnly committed to carrying out necessary political, economic and social reforms, and

 

That the primary function of the Inter-American Commission on Human Rights is to promote the observance and defense of human rights in all the member states,

 

THE GENERAL ASSEMBLY

 

RESOLVES:

 

1. To thank the Inter-American Commission on Human Rights, and to commend it on its report on the situation of human rights in El Salvador.

 

2. To note with satisfaction the determination expressed by the new government of El Salvador to promote and guarantee the effective exercise of human rights in that member state.

 

3. To express the hope that the government of El Salvador will ensure that the measures it has adopted or has offered to adopt, as well as the recommendations contained in the report of the Inter-American Commission on Human Rights, are strictly complied with, so that human rights can be fully exercised.

 

4. To request the Inter-American Commission on Human Rights to continue monitoring the situation of human rights in El Salvador, and to include its conclusions in its report to the tenth regular session of the General Assembly.

 

AG/RES. 477

 

STATUTE OF THE INTER-AMERICAN COMMISSION

ON HUMAN RIGHTS

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN:

 

The draft Statute (AG/doc.1093/79) prepared by the Inter-American Commission on Human Rights in accordance with Article 39 of the American Convention on Human Rights —Pact of San José— and approved by the Commission at its 47th meeting, and the corresponding statement of reasons (AG/doc.1093/79 add. 1), and

 

The draft Statute of the Inter-American Commission on Human Rights prepared by the Working Group to study the draft Statutes of the Commission and of the Inter-American Court of Human Rights (AG/Com.I/doc.22/79), and submitted to this Assembly for consideration, and

 

CONSIDERING:

 

That pursuant to Article 52 of the Charter, the General Assembly has the power to determine the structure and functions of the organs of the Organization, and

 

CONSIDERING:

 

That pursuant to Article 52 of the Charter, the General Assembly has the power to determine the structure and functions of the organs of the Organization, and

 

That it is necessary to make a detailed study of the standards and procedures on incompatibilities that should be incorporated into Article 8 of the draft Statute of the Inter-American Commission on Human Rights prepared by the abovementioned Working Group.

 

RESOLVES:

 

1. To approve the Statute of the Inter-American Commission on Human Rights contained in this resolution.

 

2. To instruct the Permanent Council to study, as soon as possible, the standards and procedures on incompatibilities that should be incorporated into Article 8 of the Statute approved by the General Assembly, and to submit it to the tenth regular session of the Assembly for appropriate decision.

 

AG/RES. 448

 

STATUTE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN:

 

The draft Statute of the Inter-American Court of Human Rights presented by the Court, in accordance with Article 60 of the American Convention of Human Rights, “Pact of San José,” which was approved by the Court (AG/doc.1112/79), and

 

The draft Statute of the Inter-American Court of Human Rights prepared by the Working Group responsible for studying the draft Statutes of the Inter-American Commission on Human Rights and of the Inter-American Court of Human Rights (AG/Com.I/doc.27/79 rev. 1), submitted to this Assembly for consideration, and

 

CONSIDERING:

 

That in accordance with Article 52 of the Charter, the General Assembly is responsible for the structure and function of the organs of the Organization,

 

RESOLVES:

 

To approve the following

 

STATUTE OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

 

          E.          Forty-eighth Session

 

          The Commission’s forty-eighth session was held in Washington, D.C., November 29 through December 14, 1979. On that occasion, the new members of the Commission were appointed, thereby completing the membership, and all its members took part: Mr. Andrés Aguilar, Chairman; Luis Demetrio Tinoco Castro, First Vice Chairman; Marco Gerardo Monroy Cabra, Second Vice Chairman; Carlos A. Dunshee de Abranches; Tom J. Farer; Francisco Bertrand Galindo, and César Sepúlveda.

 

          During that session, the Commission approved the Report on the situation of human rights in the Republic of Argentina, which was drawn up on the basis of the on-site observation conducted in that country in September 1979 and other sources of information available to the Commission. That report was sent to the Government of Argentina so that it might formulate the observations it deemed pertinent.

 

          Moreover, the Commission adopted its Sixth Report on the situation of political prisoners in Cuba. That report was sent to the Government of Cuba so that the latter might formulate the corresponding observations, if it felt such a measure was in order.

 

          During that same session, the Commission approved its report on the situation of human rights in Haiti, after receiving the observations made by the Government of that country.

 

          Further, the Commission concluded its preparation of a draft Inter-American Convention that classified torture as an international crime. That draft was referred to the Inter-American Juridical Committee, the organ which, together with the Commission, received a mandate from the General Assembly to prepare such a convention.

 

          It also continued its examination of a number of cases being processed that involved a number of individuals from several countries. It adopted the corresponding resolutions.

 

          Between June 16 and November 15, 1979, the Commission opened 171 new cases. To that figure must be added the 4,153 new denunciations the Commission received during its on-site observation in Argentina.

 

          The Commission discussed other matters, which included fulfillment of its mandates from the General Assembly of the OAS; the awarding of the Rómulo Gallegos scholarship for graduate studies in human rights; its publications policy, and the seminars on the promotion on human rights, which it would sponsor jointly with other agencies during 1980.

 

          As it had done on previous occasions, the Commission granted hearings to the individuals and institutions that requested them on time.

 

          At the end of this session, the Chairman of the Commission, Dr. Andrés Aguilar, resigned from his post as Chairman in view of the programs and activities the Commission was to carry out during 1980 and because of prior commitments. The Commission thanked Dr. Aguilar for this admirable performance of his functions.

 

          In accordance with Article 5 of the Regulations, the Vice Chairman, Dr. Luis Demetrio Tinoco Castro, became Chairman, and Professor Tom J. Farer was elected First Vice Chairman.

 

          F.          Forty-ninth Session

 

          At this session, held in Washington, D.C., March 27 through April 11, 1980, acting in accordance with the provisions of the American Convention on Human Rights and after lengthy discussion, the Commission drafted its Regulations. When doing so, it took into consideration the preliminary drafts prepared by Professor Abranches and by the Executive Secretariat.

 

          At the same session, the Commission received and analyzed the observations that the Government of Argentina submitted on the Commission’s report on the situation of human rights in that country, which had been prepared at the Commission’s previous session. Taking those observations and the new evidence it had in its possession into consideration, the Commission adopted its final Report in that regard.

 

          Further, the Commission made public its Report on the Situation of Human Rights in Haiti.

 

          The Commission, which was meeting at the time, also decided to accept the invitation it received from the Government of Colombia to conduct an on-site observation in that country. In view of the urgency of the Colombian Government’s request for the Commission’s presence, the latter decided to conduct its visit as soon as possible.

 

          It also decided to prepare reports on the situation of human rights in the republics of Nicaragua and Guatemala, whose governments had invited it to conduct on-site observations in those countries. The visit to Nicaragua will begin on October 6 of this year. As of the date of this report, the Government of Guatemala has not yet set the date for the Commission’s visit to that country.

 

          G.          On-site Observation in Colombia

 

          The Commission conducted an on-site observation in Colombia from April 21 through 27, 1980. The Minister of Foreign Affairs, Dr. Diego Uribe Vargas, sent the corresponding invitation “in order to examine the general situation of human rights, and to be present at the public part of oral proceedings of the court martial now being conducted, in accordance with the Constitution and the Laws of the Republic, and to apprise itself of how the trials are conducted.” In the note, the Minister of Foreign Affairs of Colombia adds that the “Government wants the Inter-American Commission on Human Rights to acquaint itself with the investigations being conducted into alleged abuses of authority with respect to human rights.” The Commission accepted that invitation in a note dated April 2, 1980.

 

          During its stay in Colombian territory, the Commission interviewed representatives and figures from the various sectors of Colombian society, such as authorities, former presidents of the Republic, religious figures, human rights agencies, professional associations, trade and labor union organizations, representatives of private business and the mass communications media. Further, the Commission visited detention centers and military centers in a number of places throughout the country and, in accordance with the corresponding rules and regulations, received denunciations concerning alleged violations of human rights.

 

          Furthermore, during the on-site observation and subsequent thereto, the Commission noted how the above-mentioned court martial were proceeding. On the occasion of its visit to Colombia and at the invitation of the President of the Republic, Julio César Turbay Ayala, the Commission contributed to the satisfactory settlement of the problem of the occupation of the Embassy of the Dominican Republic in Bogotá, in exercise of the mandate conferred upon it and on the basis of the legal provisions that govern it.

 

          To make that settlement possible, the Commission and the Government of Colombia concluded an agreement through an exchange of notes dated April 23 and 24, 1980.1

 

H.          Request of the Permanent Council of the OAS concerning the Situation of Human Rights in Bolivia

 

          On July 17, 1980, a military coup brought General Luis García Meza Tejada to power, thereby interrupting the process of democratization that was underway under the interim government of Mrs. Lidia Gueiler. Concerned over the disruption of the democratic process in Bolivia and the denunciations of serious violations of human rights as a result of the coup, the Permanent Council of the Organization adopted Resolution 308, of July 25, 1980, in which it requested the Inter-American Commission on Human Rights to examine the situation of human rights in Bolivia as soon as possible.2

 

          In compliance with the terms of that resolution, on August 8, 1980, the Commission addressed the Government of Bolivia through its Ministry of Foreign Affairs and Worship. The Commission’s letter to the Government of Bolivia is as follows:

 

         Excellency:

 

         The Inter-American Commission on Human Rights has been observing, with genuine concern, the development of the events that have been transpiring in Bolivia since last July 17. Moreover, it has received denunciations and reports to the effect that a situation has developed in Bolivia that affects the observance of human rights, especially as regards the right to life, liberty and the security of one’s person. Further, as you know, the Permanent Council of the OAS, in resolution CP/RES. 308 (432/80), of July 25, 1980, requested the Commission to examine the situation of human rights in Bolivia as soon as possible.

 

         Therefore, acting on instructions received from the Commission and without this communication implying any judgment on the Commission’s part as to the legitimacy or illegitimacy of the Government of General Luis García Meza, as such a judgment is not within its purview in accordance with the practices of international law and the Statute and Regulations of the Commission itself, I am addressing Your Excellency for the purpose of securing specific information as to the following points, which are of special interest to the Commission:

 

         a) The names of individuals who have died under unusual circumstances since July 17, 1980;

 

         b) The names of individuals who have been detained as a result of the events mentioned above, their status, place of detention and state of health;

 

         c) The names of individuals who are in asylum in various embassies and the status of the procedures that have been followed to grant the corresponding safe-conduct;

 

         d) The texts of the legal provisions enacted since July 17, 1980, which could affect the observance of human rights and whether those legal provisions have suspended the obligation incurred by Bolivia by virtue of the American Convention on Human Rights.

 

         Further, the Commission also wishes to state to Your Excellency that in its view it would be invaluable to have the permission of the Government over which General García Meza presides, to conduct an on-site observation in Bolivia as soon as possible, in accordance with Articles 54 and 55 of the Commission’s Regulations, transcribed below:

 

Article 54 (Necessary Facilities)

 

In extending an invitation for an on-site observation or in giving its consent, the government shall furnish to the Special Commission all necessary facilities for carrying out its mission. In particular, it shall bind itself not to take any reprisals of any kind against any persons or entities cooperating with the Special Commission of providing information or testimony.

 

Article 55 (Other Applicable Standards)

 

Without prejudice to the provisions in the preceding article, any on-site observation agreed upon by the Commission shall be carried out in accordance with the following standards:

 

a. The Special Commission or any of its members shall be able to interview freely and in private, any persons, groups, entities or institutions, and the government shall grant the pertinent guarantees to all those who provide the Commission with information, testimony or evidence of any kind;

 

b. The members of the Special Commission shall be able to travel freely throughout the territory of the country, for which purpose the government shall extend all the corresponding facilities, including the necessary documentation.

 

c. The government shall ensure the availability of local means of transportation;

 

d. The members of the Special Commission shall have access to the jails and all other detention and interrogation centers and shall be able to interview in private those persons imprisoned or detained;

 

e. The government shall provide the Special Commission with any document related to the observance of human rights that it may consider necessary for the preparation of its report;

 

f. The Special Commission shall be able to use any method appropriate for collecting, recording or reproducing the information it considers useful;

 

g. The government shall adopt the security measures necessary to protect the Special Commission;

 

h. The government shall ensure the availability of appropriate lodging for the members of the Special Commission;

 

i. The same guarantees and facilities that are set forth here for the members of the Special Commission shall also be extended to the Secretariat staff;

 

j. Any expenses incurred by the special committee, any of its members and the Secretariat staff shall be borne by the Organization, subject to the pertinent provisions.

 

         Accept, Excellency, the renewed assurances of my highest consideration.

 

         Edmundo Vargas Carreño

            Executive Secretary

 

          As of the date of this report, the Government of Bolivia has not replied to the Commission’s request.

 

I.        Other Activities

 

          During 1979, the Commission sponsored, in conjunction with other agencies, seminars devoted to topics on the promotion of human rights. In early 1979, a seminar on the American Convention on Human Rights was held in San José, Costa Rica. It was sponsored by the Commission, the Inter-American Bar Association and the University of Costa Rica.

 

          In September 1979, the Universidad Jorge Tadeo Lozano of Bogotá, with the joint sponsorship of the Government of Colombia, the General Secretariat of the OAS and this Commission, conducted a seminar on the teaching of international law in which special importance was given to the topic of the teaching of human rights.

 

          Moreover, from August 11 through 22, 1980, a Seminar on International Protection of Human Rights was held in Mexico City. It was sponsored jointly by the Commission, the Juridical Research Institute of the Universidad Nacional Autónoma de México, the Matías Romero Institute and the International Human Rights Institute.

 

          Members of the Commission and of the Executive Secretariat participated in all those seminars, which were inaugurated by high-ranking state officials.

 


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1            The letter from the Government to the Chairman and members of the Commission reads as follows:

H.E. Tom Farer, Chairman of the

Inter-American Commission on Human Rights

Other Members

Excellencies:

As you are well aware, Colombia has a long tradition of democracy, in which human rights have been observed. Colombia’s national laws make provision for the defense of human rights.

Similarly, Colombia has signed international commitments at the world and hemispheric levels, that obligate it to respect the supreme dignity of the human being.

Taking these considerations into account, the Government decided to extend an invitation, via the Ministry of Foreign Affairs in my charge, to the Inter-American Commission on Human Rights to visit the country and to perform therein the duties of that prestigious organ.

The Government’s major concern is that civilian and military authorities should not commit abuses of authority at any level. Naturally, it does not discount the possibility that subordinates may exceed the boundaries of their constitutional and legal duties. To tolerate possible violations of this kind is a serious error, of which the Government would never be guilty. Therefore, I can assure the members of the Inter-American Commission on Human Rights that no denunciation will go uninvestigated and no guilty party will go unpunished.

In inviting Your Excelencies to visit Colombia, the Government is establishing that its decision is to comply fully with the obligations assumed under the American Convention on Human Rights and to allow the Commission to examine the non restricted part of all proceedings it may wish to examine, so that it may establish that they are being conducted in accordance with the law.

Within the context of this letter, the Government acknowledges that the Inter-American Commission on Human Rights or its authorized representatives may freely exercise, in accordance with the laws and throughout the national territory, all its functions and the following activities:

a. To be completely free to contact attorneys representing individuals being tried in Oral Court Martial and those being tried in military courts.

b. To observe, in accordance with the provisions of the law, the Oral Court Martial and to assure itself of the procedural guarantees and that the proceedings are being conducted in accordance with the law. It also has the power to make any observations it deems appropriate to the competent authorities, to prevent any violation of the rights of those brought to trial.

c. To guarantee transportation to the airport and departure from the country for all those union members who are not being questioned or who have been acquitted in those Oral Court Martial, when these individuals so desire.

d. To point out any irregularity that might arise in these proceedings and to study all those complaints they receive in connection with trials in which the charges may not have been proven properly or in which the proof may have been obtained by means that clearly violate human rights, so that if such violations are proven, the individuals affected may challenge the validity of the verdict.

e. To apprise itself of the investigations being conducted into abuses of authority and the denunciations of specific cases of violations of human rights, so that any individuals responsible for such reprehensible acts may be punished with all the rigor of the law.

This letter reaffirms the Government’s irrevocable decision to honor its international commitments, which parallel its legal obligations in the domestic realm.

On the foregoing bases and if such action is deemed appropriate, the members of the Inter-American Commission on Human Rights, may serve as guarantors vis-à-vis the individuals who took over the premises of the Embassy of the Dominican Republic, of the Government’s strict compliance with all clauses of this letter, which takes effect immediately as far as the Executive is concerned.

The Government will continue to regard the freedom of the hostages as a matter of urgency, as it always has.

I await Your Excellencies’ reply, convinced as I am, that all the facilities the Colombian Government will offer to the Commission to enable it to perform its duty properly, will meet with the Commission’s satisfaction.

(signed) Diego Uribe Vargas

Minister of Foreign Affairs

 

            In the Commission’s note to the Government, after transcribing the text of the note from the Minister of Foreign Affairs, the following is stated:

                        In reply, it is my pleasure to inform Your Excellency that the Inter-American Commission on Human Rights fully accepts the proposal formulated by the illustrious Government of Colombia in the note transcribed above.

                        The Commission over which I preside is of the view that the activities listed in that note conform to the functions assigned to the Commission in the American Convention on Human Rights and to the obligations that the Government of Colombia has assumed by virtue of that instrument.

                        In that regard, I am pleased to confirm for Your Excellency that the Commission—either directly or through a delegation which it will appoint from among its members or the attorneys serving within its Executive Secretariat—will conduct freely and in accordance with the provisions of Colombian law and the Regulations of the Commission, the activities listed in Your Excellency’s note.

                        Further, the Commission is willing to serve as guarantor vis-à-vis the individuals who took over the premises of the Embassy of the Dominican Republic, of the Colombian Government’s strict compliance with all the clauses of Your Excellency’s communication, which shall take effect immediately.

                        Accept, Excellency, the assurances of my highest consideration.

                                                                                                            Tom J. Farer

                                                                                                            Chairman

2            The Permanent Council’s resolution is as follows:

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

CONSIDERING:

The principles established in the Charter of the Organization, especially those expressed in Article 3, paragraphs d) and j);

The American Declaration of the Rights and Duties of Man; and

The Declaration of La Paz, adopted by consensus of the ninth regular session of the General Assembly; and

BEARING IN MIND:

That each state has the right to develop its cultural, political, and economic life freely and spontaneously and that in this free development, the state shall respect the rights of the individual and the principles of universal morality, as set forth in Article 16 of the Charter of the Organization;

That this precept has been violated by the military coup that has taken place in Bolivia in disregard of the elections recently held in that country; and

With strict respect for the principle of nonintervention,

RESOLVES:

1. To deplore the military coup which indefinitely suspends the process of democratic institutionalization that was culminating in the sister Republic of Bolivia.

2. To express its deepest concern over the loss of human life and the serious violations of the human rights of the Bolivian people, as a direct consequence of the coup d’état.

3. To request that, in the shortest time possible, the Inter-American Commission on Human Rights examine the situation of human rights in Bolivia.

4. To express its solidarity with the Bolivian people and its confidence that they will find the most suitable means to maintain the viability of their democratic institutions and their freedoms.