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ACTIVITIES OF THE IACHR
Since September 1983, the date on which the activities covered in the previous Annual Report ended, the Inter-American Commission on Human Rights held three sessions: the sixty-first, the sixty-second, and the sixty-third. These sessions were held at the headquarters of the Commission, the General Secretariat of the Organization of American States, Washington, D.C.
As indicated in the summaries of each of these sessions which appear in this chapter, the Commission analyzed the various topics under consideration, and adopted decisions thereon.
At the inauguration of these three sessions, the Chairman of the Permanent Council and the Secretary General of the OAS were present. During these meetings, emphasis was placed on the Commission’s effectiveness and the importance of its work.
At each one of these sessions, the Chairman and the Executive Secretary of the Commission presented their respective reports, as the regulations require.
This session was held September 26 through October 7, 1983, at the Commission headquarters in Washington, D.C. All of the Commission’s members participated: Mr. César Sepúlveda, Chairman; Dr. Luis Demetrio Tinoco Castro, First Vice Chairman; and Messrs. Andrés Aguilar, Tom J. Farer, Marco Gerardo Monroy Cabra and Mrs. Gilda Maciel Russomano. Mrs. Russomano joined the Commission after having been elected by the Permanent Council of the Organization to complete the term of the former member of the IACHR, Professor Carlos Alberto Dunshee de Abranches, now deceased.
The Commission approved its annual report to the General Assembly of the OAS, which was submitted to it for consideration at its thirteenth regular session. The Commission also gave final approval to its Reports on the Situation of Human Rights in Guatemala and in Suriname. These reports were also presented to the General Assembly at its thirteenth regular session.
The Commission also adopted its report on the Situation of Human Rights in Cuba, which analyzes the provisions of the Cuban law and practice vis-à-vis the American Declaration of the Rights and Duties of Man. In accordance with Article 58 of its regulations, the report was transmitted to the Government of Cuba, so that the latter, within a period of 60 days, might present whatever observations it deemed pertinent. When that deadline expired without the Cuban Government having presented its observations or granted the Commission permission to conduct an on-site observation on the situation of human rights in that country, the IACHR undertook the publication of the report.
The Commission also reviewed during this session its participation in the friendly settlement procedure in which it attempted to mediate the difficulties that had arisen between the Government of Nicaragua on the one hand, and Nicaraguan citizens of Miskito origin, on the other.
During the course of this meeting, special attention was devoted to the advisory opinion of the Inter-American Court of Human Rights, wherein the Court, at the Commission’s request, ruled on the scope of the restrictions established in the American Convention on Human Rights with respect to the death penalty. In the Commission’s view, its request and the subsequent advisory opinion by the Court have produced some positive results, as demonstrated by the Guatemalan Government’s decision to suspend the application of the death penalty imposed by the special tribunals. The Commission is pleased with this decision.
As usual, the Commission also considered individual complaints of alleged human rights violations. It held hearings with individuals and representatives of institutions that requested a hearing opportunely, and also resolved certain administrative questions and matters concerning the promotion of human rights.
B. Thirteenth regular session of the General Assembly
The thirteenth regular session of the General Assembly of the OAS was held in Washington, D.C., November 14 through 18, 1983. The IACHR was represented by its Chairman, Mr. César Sepúlveda, and one of its members, Mr. Andrés Aguilar, along with the Executive Secretary, Mr. Edmundo Vargas, and other staff members of the Secretariat.
Following its agenda, the General Assembly considered the following topics that concerned the Commission:
a) Election of four members of the Commission
b) Annual Report of the IACHR 1982-1983 (document AG/doc.1638/83)
c) Special Reports of the Commission on the Situation of Human Rights in Guatemala and in Suriname (documents AG/doc.1649/83 and AG/doc.1650/83)
d) Preliminary Draft Additional Protocol to the American Convention on Human Rights (document AG/doc.1656/83)
e) Means to promote respect for and protection of human rights (document AG/doc.1646/83)
f) Draft Convention Defining Torture as an International Crime (document AG/doc.1661/83)
g) Population displacements in the region (document AG/doc.1663/83)
The General Assembly elected four members of the Commission. It reelected Mrs. Gilda Maciel Russomano and Mr. Marco Gerardo Monroy Cabra. The new members elected were Mr. Luis Adolfo Siles and Mr. Bruce McColm.
At its thirteen regular session, the General Assembly of the OAS also approved the following resolutions on the topics indicated above:
AG/RES. 657 (XIII-0/83)
PRELIMINARY DRAFT ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS (PACT OF SAN JOSE)
(Resolution adopted at the seventh plenary session, held on November 18, 1983)
THE GENERAL ASSEMBLY,
HAVING SEEN the report of the Preparatory Committee on the Preliminary Draft Additional Protocol to the American Convention on Human Rights (Pact of San José) (AG/doc.1656/83),
RESOLVES:
1. To ask the Secretary General to submit to the governments of the member states, to the Inter-American Commission on Human Rights, and to the Inter-American Court of Human Rights, the Preliminary Draft Additional Protocol to the American Convention on Human Rights (Pact of San José) (AG/CP/doc.350/83), prepared as directed by the General Assembly in its Resolution AG/RES. 619 (XII-O/82), so that they may present their observations and recommendations to the States Parties to the Convention at the meeting to be convoked for such purpose in due course.
2. To authorize the Secretary General of the Organization to invite the States Parties to the American Convention on Human Rights to hold a meeting, at whatever time they may deem advisable, to consider the Preliminary Draft Additional Protocol, together with any observations and comments the member states of the Organization, as well as the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, may have presented regarding that Protocol. The Secretary General shall also invite the Inter-American Commission on Human Rights to send representatives to that meeting.
AG/RES. 658 (XIII-O/83)
MANDATE CONTAINED IN RESOLUTION AG/RES. 314 (VII-0/77) “MEANS TO PROMOTE RESPECT FOR AND PROTECTION OF HUMAN RIGHTS”
(Resolution adopted at the seventh plenary session, held on November 18, 1983)
THE GENERAL ASSEMBLY,
HAVING SEEN the Report of the Permanent Council of the Organization on the mandate contained in Resolution AG/RES. 314 (VII-O/77) “Means to Promote Respect for and Protection of Human Rights” (AG/doc.1646/83); and
CONSIDERING:
That subsequent to the approval of the aforementioned Resolution AG/RES. 314 (VII-O/77), the American Convention on Human Rights entered into force in 1978 and the Statute of the Inter-American Commission on Human Rights was approved in 1979; and
That these instruments clearly establish the systems and methods for the investigation of human rights violations referred to in operative paragraph 1 of Resolution AG/RES. 314 (VII-0/77),
RESOLVES:
1. To take note of the aforementioned report AG/doc.1646/83 of the Permanent Council of the Organization.
2. To take as fulfilled the mandate given to the Permanent Council of the Organization in operative paragraph 1 of Resolution AG/RES. 314 (VII-0/77).
AG/RES. 664 (XIII-0/83)
STATE OF THE WORK WITH RESPECT TO THE DRAFT CONVENTION DEFINING TORTURE AS AN INTERNATIONAL CRIME
(Resolution adopted at the seventh plenary session, held on November 18, 1983)
THE GENERAL ASSEMBLY,
HAVING SEEN the report of the Permanent Council on the state of the work with respect to the draft Convention Defining Torture as an International Crime, prepared by the Inter-American Juridical Committee (AG/doc.1661/83); and
CONSIDERING:
That in accordance with the provisions of Resolution AG/RES. 624 (XII-O/82), a considerable number of member states have presented their observations and comments on the draft Convention, and it was not possible for the Permanent Council to complete study of them in the time available; and
TAKING INTO ACCOUNT:
The fact that the Permanent Council has reported that the conclusions that were reached in the first reading of the draft are of a provisional nature, subject to confirmation and final decision when the review of that draft is made,
RESOLVES:
To extend the mandate given to the Permanent Council through Resolutions AG/RES. 509 (X-O/80), AG/RES. 547 (XI-O/81), and AG/RES. 624 (XII-O/82), so that that organ may continue the study and review of the draft Convention Defining Torture as an International Crime, introduce any advisable changes in it, and submit them to the General Assembly at its fourteenth regular session.
AG/RES. 665 (XII-0/83)
DISPLACEMENT OF PERSONS IN THE REGION
(Resolution adopted at the seventh plenary session, held on November 18, 1983)
THE GENERAL ASSEMBLY,
RECALLING:
The provisions of its Resolution AG/RES. 618 (XII-0/82), operative paragraph 10 concerning the work being carried out under the Cooperation Program of the Office of the United Nations High Commissioner for Refugees and the General Secretariat of the OAS; and
CONSIDERING:
That the Permanent Council of the Organization has taken note of the work accomplished by the Cooperation Program and has submitted a progress report on it (AG/doc.1663/83) to this regular session of the General Assembly,
RESOLVES:
1. To note with satisfaction the work performed under the Cooperation Program of the Office of the United Nations High Commissioner for Refugees (UNHCR) and the OAS General Secretariat.
2. To request the Permanent Council to continue to report to the General Assembly on the status of work under that Program.
AG/RES. 666 (XIII-0/83)
ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
(Resolution adopted at the seventh plenary session held on November 18, 1983)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights (AG/doc.1638/83), the special reports of the Commission (AG/doc.1649/83) and AG/doc.1650/83), and the replies from the governments (AG/doc.1672/83); and
CONSIDERING:
That the protection and exercise of human rights is one of the lofty objectives of the Organization of American States, and that their observance is a source of solidarity among the member states and a guarantee of respect for human life and the dignity of man;
That the principal role of the Inter-American Commission on Human Rights is to promote respect for and the defense of human rights in all member states;
That a democratic structure is essential to the establishment of a political society in which human values can be fully realized;
That the evolution toward a return to democracy already begun or completed in some countries must be emphasized as positive;
That the adoption by certain countries of measures that contribute significantly to respect for the rights upheld in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights (Pact of San José) are also positive; however, there persist situations that are adversely affecting the observance of the rights of the individual, the dignity of man, personal safety and security, and democratic values, including social justice;
That the forced disappearance of persons without trial is a cruel and inhuman practice that undermines the rule of law, which weakens those norms that guarantee protection against arbitrary detention and the right to personal safety and security;
That in its Annual Report for 1982/83, the Commission indicates that human rights are still being violated in some countries of the hemisphere by detentions without trial, investigatory police actions devoid of the minimum guarantees that the proper administration of justice demands, obstacles placed in the way of freedom of religion and worship, and the serious restrictions imposed on freedom of opinion and expression;
That it is necessary to reiterate the importance of progress in the observance of economic, social, and cultural rights in the context of human rights for the integral development of the human person; and
That Chapter III of the Annual Report of the Inter-American Commission on Human Rights makes reference to the urgent need to find an appropriate solution to the problems stemming from the massive displacements of persons in the hemisphere, taking into consideration the new developments in recent years with regard to refugees and displaced persons;
RESOLVES:
1. To take note with interest of the Annual Report, the special reports, and the recommendations of the Inter-American Commission on Human Rights, and to thank the Commission and congratulate it on the serious and important work it is doing in the field of the protection and promotion of human rights.
2. To urge the governments of the states mentioned in the Annual Report and in the special reports to implement the Commission’s recommendations in accordance with the provisions of their Constitutions and their domestic law, in order to ensure faithful observance of the human rights set forth in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights.
3. To take note of the comments and observations of the governments of the member states and of the reports on the measures that they have taken and will continue putting into practice to guarantee human rights in their countries.
4. To declare that the practice of forced disappearance of persons in the Americas is an affront to the conscience of the hemisphere and constitutes a crime against humanity.
5. To urge those states in which disappearances of persons have occurred to clarify their situation and inform their families of their fate.
6. To reiterate the need to prevent and, if called for, to put an immediate end to violations of human rights, especially the right to life, personal security and liberty; and the right to a fair trial and due process; and to reaffirm that extrajudicial executions, torture, and detention without due process constitute violations of human rights.
7. To recommend to those member states that still have not done so that they reestablish and improve the system of representative democracy, which derives from free elections through secret, universal suffrage, and without prejudice to the foregoing, the characteristics and circumstances of each country shall be taken into account and their legislations respected, and in every case, all citizens shall be given access to the mass communication media and shall enjoy the other guarantees essential for the election results to represent the will of the people.
8. To remind the member states of the need to guarantee the full exercise of freedom of conscience, religion, and worship, as well as the right of freedom of investigation, opinion, expression and dissemination of thought, bearing in mind the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights.
9. To reaffirm that an aspect of the effective protection of human rights must be recognition of rights of a social, economic and cultural character, emphasizing the responsibility of the governments of the member states in the process of promoting cooperation for hemispheric development.
10. To repeat its request to the Permanent Council that it submit a report to the General Assembly at its fourteenth regular session on the status of the work relating to the serious problem of refugees and mass displacement of persons in the hemisphere, while bearing in mind the recommendations made by the Commission in Chapter III of its Annual Report.
11. To note with satisfaction the decision of the governments of member states that have invited the Commission to visit their respective countries and to urge the governments of states that have not yet accepted or agreed on a date for such a visit to do so as soon as possible.
12. To request the Commission to continue monitoring the situation of human rights in such member states as it deems appropriate, and to report thereon to the General Assembly at its fourteenth regular session.
13. To invite the governments of those member states that have not yet done so to consider the advisability of accession to or ratification of the American Convention on Human Rights.
14. To urge all governments to provide the Commission with the cooperation necessary for it to carry out its work properly, particularly through timely response to the Commission’s request for information on individual cases.
C. Invitation from the Government of Argentina
On January 23, 1984, the National Commission on the Disappeared in Argentina, chaired by the writer, Mr. Ernesto Sabato and composed of another nine individuals appointed by the President of the Republic, sent an invitation to the Executive Secretary of the Commission to “visit our country in order to have the opportunity of receiving directly your information and assistance on the very serious problem of the disappearance of persons in Argentina.”
With the authorization of the Chairman of the Commission, the Executive Secretary accepted the invitation on the understanding that the trip could contribute elements to assist the new Argentine Government in its efforts to resolve this very serious problem.
Mr. Edmundo Vargas Carreño was in Buenos Aires from March 26 through 31, accompanied by Mr. Guillermo Fernández de Soto, the staff member of the Secretariat in charge of Argentine affairs.
D. Internal IACHR Seminar on the Commission’s practice for processing Communications alleging human rights violations
From May 8 through 10, 1984, the Commission held an internal seminar at the “Wye Plantation” of the Aspen Institute near the East Coast of the Chesapeake Bay. The seminar considered the procedures of the Commission in processing communications alleging human rights violations, in order to critically assess the practice followed and to study the problems in the interpretation of certain standards contained in the American Convention on Human Rights and the Statute and Regulations of the Commission. It was also felt that the seminar was the best means of acquainting the new members with the standards and practice of the Commission in processing such communications.
All of the members of the IACHR participated in this internal seminar, as did the professional staff of the Executive Secretariat, which was responsible for its organization.
E. Sixty-Second session
The 62nd session of the IACHR was held from May 11 through 18, 1984, in Washington, D.C. All the members of the Commission were present: Mr. Cesar Sepúlveda, Chairman; Mr. Luis Demetrio Tinoco Castro, First Vice Chairman; Mr. Andrés Aguilar, Mr. Marco Gerardo Monroy Cabra, Mrs. Gilda Maciel Russomano, Mr. Luis Adolfo Siles Salinas, and Mr. Bruce McColm.
At that session, the Commission chose its new officers. Mr. Cesar Sepúlveda was unanimously reelected Chairman. Mr. Luis Demetrio Tinoco Castro was also reelected as First Vice Chairman. Mr. Luis Adolfo Siles Salinas was elected Second Vice Chairman.
During this session, pursuant to the corresponding provisions of the American Convention on Human Rights, the Commission decided to publish its Report on the Situation of Human Rights of the Miskito Population of Nicaragua. Thus it terminated its efforts to promote a friendly settlement of this matter. The Commission also adopted a resolution on this issue which together with the report in question will be submitted to the General Assembly at its fourteenth regular session.
During this session the Commission also analyzed the situation of human rights in other member states of the Organization, and adopted the measures that it deemed appropriate.
In keeping with the pertinent provisions, its Statute and Regulations, the Commission considered communications on alleged human rights violations. In some cases, it adopted resolutions with respect to these cases which can be found in another section of this Annual Report.
During 1984, which is the twenty-fifth anniversary of its creation, the Commission considered various ways of marking this anniversary and, in general, of promoting human rights throughout the hemisphere.
Finally, as is customary at its sessions, the Commission received individuals and representatives of organizations that had opportunely requested a hearing before the Commission.
F. Seminar on International Protection of Economic, Social, and Cultural Rights
In August 1984, Mexico City was the site of a Seminar on Economic, Social, and Cultural Rights cosponsored by the Commission and the Institute for Legal Research of the Universidad Nacional Autónoma de México. The participants included some of the members of the Commission, distinguished personalities, and experts in the subject.
In addition to serving to mark the twenty-fifth anniversary of the IACHR, the Seminar was also held to discuss the content of the future Additional Protocol on Economic, Social, and Cultural Rights to the American Convention on Human Rights.
The Seminar adopted significant conclusions which, in the Commission’s view, ought to be taken into account when the Additional Protocol is drafted.
Reference is made to these conclusions in Chapter V regarding the areas in which further steps are needed to give effect to the human rights set forth in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights.
G. Twenty-five years of the Inter-American Commission on Human Rights
This year marks the twenty-fifth anniversary of the Inter-American Commission on Human Rights, which was established by the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in August of 1959.
The following are among the activities conducted to mark that anniversary: The Seminar on Economic, Social, and Cultural Rights, conducted in Mexico in August of 1984; the Protocolary Session of the Permanent Council of the OAS, held in tribute to the Commission on September 27, 1984; the meetings held with special guests from the United Nations Human Rights Commission; from the United Nations Human Rights Committee; from the European Human Rights Commission; and from the Inter-American Court of Human Rights. At all these meetings, the relations between the IACHR and the other organizations were analyzed and viewpoints on topics of common interest were exchanged.
A meeting was also held with representatives of these bodies, members of the IACHR, and the Secretary General of the OAS, in order to discuss cooperation in the field of the protection of human rights, between the United Nations, the Council of Europe, and the OAS.
Finally, several social events were held in the Commission’s honor, including a luncheon given by the Acting Secretary of State, Kenneth W. Dam, which was attended by distinguished guests; a luncheon given by the Vice President of the Inter-American Court of Human Rights and Dean of the American University Law School, Professor Thomas Buergenthal; and the reception given by the International Human Rights Law Group and the Washington Office on Latin America in honor of the IACHR.
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