CHAPTER II 

LEGAL BASES AND ACTIVITIES OF THE IACHR DURING 1999   

            A.         Legal bases, functions and powers 

1.         The Inter-American Commission on Human Rights (IACHR) is an autonomous, principal organ of the Organization of American States (OAS). Its mandate is found in the OAS Charter and the American Convention on Human Rights. The IACHR represents all of the member States of the OAS. The Commission is composed of seven members who act independently, without representing any particular country. The members of the IACHR are elected by the General Assembly of the OAS for a four year period that can be renewed. 

         2.         The Inter-American Commission on Human Rights is one of two bodies in the inter-American system for the promotion and protection of human rights. The Commission has its headquarters in Washington, D.C. The other human rights body is the Inter-American Court of Human Rights, which is located in San José, Costa Rica. 

3.         The IACHR meets in ordinary and special sessions several times a year. The Executive Secretariat of the IACHR carries out the tasks delegated to it by the IACHR and provides legal and administrative support to the IACHR as it carries out its work. 

4.         In April of 1948 the OAS approved the American Declaration of the Rights and Duties of man in Bogotá, Colombia, the first international human rights instrument of a general nature. The IACHR was created in 1959 and held its first session in 1960. 

5.         By 1961, the IACHR had begun to carry out on-site visits to observe the human rights situations in various countries.  Since that time, the IACHR has carried out 77 visits to 23 member States.  Based on its on-site investigations the IACHR has published 50 special country reports to date. 

6.         In 1965, the IACHR was expressly authorized to examine complaints or petitions regarding specific cases of human rights violations. By 1999, the IACHR had received thousands of petitions, which have resulted in more than 12.000 cases which have been processed or are currently being processed. (The procedure for the processing of individual cases is described below). The final published reports of the IACHR regarding these individual cases may be found in the Annual Reports of the Commission or separately in country reports. 

7.         In 1969, the American Convention on Human Rights was adopted. The Convention entered into force in 1978. As of May of 2000, it has been ratified by 24 countries: Argentina, Barbados, Brazil, Bolivia, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela. The Convention defines the human rights which the ratifying States have agreed to respect and ensure. The Convention also creates the Inter-American Court of Human Rights and defines the functions and procedures of both the Commission and the Court. The IACHR also possesses additional faculties which pre-date and are not derived directly from the Convention, such as the processing of cases involving countries which are still not parties to the Convention. 

8.         The IACHR has the principal function of promoting the observance and the defense of human rights. In carrying out its mandate, the Commission: 

1.       Receives, analyzes and investigates individual petitions which allege human rights violations, pursuant to Articles 44 to 51 of the Convention. This procedure will be discussed in greater detail below.

2.       Observes the general human rights situation in the member States and publishes special reports regarding the situation in a specific State, when it considers it appropriate.

3.       Carries out on-site visits to countries to engage in more in-depth analysis of the general situation and/or to investigate a specific situation. These visits usually result in the preparation of a report regarding the human rights situation observed, which is published and sent to the General Assembly.

4.       Stimulates public consciousness regarding human rights in the Americas. To that end, carries out and publishes studies on specific subjects, such as: measures to be taken to ensure greater independence of the judiciary; the activities of irregular armed groups; the human rights situation of minors and women, and the human rights of indigenous peoples.

5.       Organizes and carries out conferences, seminars and meetings with representatives of Governments, academic institutions, non-governmental groups, etc. in order to disseminate information and to increase knowledge regarding issues relating to the inter-American human rights system.

6.       Recommends to the member States of the OAS the adoption of measures which would contribute to human rights protection.

7.       Requests States to adopt specific "precautionary measures" to avoid serious and irreparable harm to human rights in urgent cases. The Commission may also request that the Court order "provisional measures" in urgent cases which involve danger to persons, even where a case has not yet been submitted to the Court.

8.       Submits cases to the Inter-American Court and appears before the Court in the litigation of cases.

9.       Requests advisory opinions from the Inter-American Court regarding questions of interpretation of the American Convention. 

9.         At present the Commission is processing about 1.000 individual cases.  Any person, group or non-governmental organization may present a complaint to the Commission alleging the violation of a right protected by the American Convention on Human Rights and/or the American Declaration of the Rights and Duties of Man.  The denunciation may be presented in any of the four official languages of the OAS (English, French, Portuguese or Spanish) and may be presented on behalf of the person filing the complaint or on behalf of a third party. 

10.       The Commission may only open a case when it is alleged that an OAS member state is responsible for the human rights violation in question.  The Commission applies the American Convention to states parties to the treaty.  With respect to non-state parties, the Commission applies the American Declaration of the Rights and Duties of Man. 

B.        The Commission’s sessions in 1999 

11.       During this reporting period, the Commission met on the following four occasions: It held its 102^nd regular session from February 22 to March 12, 1999; its 103^rd special session was held between May 3 to May 7, 1999; its 104^th regular session was held from September 27 to October 8, 1999; and its 105^th special session was held on November 19 and November 21, in San José, Costa Rica. 

1.        102^nd regular session 

12.       The Commission held its 102^nd regular session from February 22 to March 12, 1999.  At the outset the Commission elected its new officers. The United States jurist Professor Robert K. Goldman was elected Chairman of the Commission, Dr. Hélio Bicudo, the Brazilian jurist was elected First Vice-Chairman, and the Chilean jurist, Dean Claudio Grossman, Second-Vice Chairman. The other members of the Commission were Prof. Carlos Ayala Corao, (Venezuela) Dr. Jean Joseph Exume, (Haiti) Dr. Alvaro Tirado Mejia, (Colombia) and Sir Henry Forde (Barbados). 

13.       During this session the Commission considered and approved the Annual Report for 1998, which the IACHR presented to the OAS General Assembly at its twenty-ninth regular session, which was held in Antigua, Guatemala and Guatemala City, Guatemala in June of 1999. 

14.       Also, during this session the Commission examined numerous individual human rights petitions which alleged violations of the American Convention and/or the American Declaration of the Rights and Duties of Man, and issued a total of 60 reports on those cases and petitions. The Commission held 44 hearings on individual petitions and cases of general and specific human rights situations in various member states of the OAS.  At those hearings, the Commission heard from representatives of the States and from representatives of the victims of the alleged human rights abuses. The Commission also reviewed the processing of individual cases, and followed up on recommendations made by the IACHR in its various reports.  In addition, the Commission analyzed and issued precautionary measures on a number of requests for these measures, and issued precautionary measures on those requests to avoid irreparable damage to the persons concerned.  Pursuant to Articles 48(1)(b) of the American Convention and 35(c) of its Regulations, after examining various files, the Commission decided to suspend consideration of 14 cases. 

15.       In addition, during this session, the Commission considered and approved its Third Report on the Human Rights Situation in Colombia, pursuant to its mandate as established in the American Convention on Human Rights (Article 41), its Statute (Article 8) and its Regulations (Article 62).  The Report was compiled from information and documents received before, during and after the on-site visit which was conducted by the Commission in the Republic of Colombia from December 1, to December 8, 1997, at the invitation of the Government of Colombia. The report reflected the extremely complex nature of the situation in Colombia and the existence of multiple actors contributing to the violence in that country.  

16.       During the same session, the Commission reviewed the various activities of its special rapporteurs.  The Commission studied and approved the report of the Rapporteur for Freedom of Expression, Dr. Santiago Canton in fulfilling the mandate entrusted to him on the creation of his rapporteurship.  In the area of indigenous rights, Prof. Carlos Ayala Corao, rapporteur, chaired the Commission’s delegation to the Meeting of Government Experts on the Proposed American Declaration on the Rights of Indigenous Peoples from February 10 –12, 1999.  This was the first such meeting attended by indigenous groups from various countries in the hemisphere together with official delegations. On February 16, 1999, Prof. Ayala presented his work to the Commission on the second OAS/World Bank working meeting on partnership in matters of cultural heritage. Prof. Ayala also reported on his future activities in relation to his rapporteurship with special emphasis on the negotiation and adoption of the proposed Declaration. 

17.       During this session, the Commission also considered the 1999 work program of First Vice-Chairman, Hélio Bicudo, rapporteur for children’s rights.  The Commission indicated that it would evaluate the progress made in this area at its next regular session.  The Commission studied the Progress Report, which was submitted by Dr. Alvaro Tirado Mejia, rapporteur for the rights of migrant workers and their families in the Americas.  The Commission likewise studied the replies of member states and nongovernmental organizations to the questionnaire on this topic, which were sent to them in1998. 

18.       During the period under review, based on the proposal of Dean Claudio Grossman, rapporteur for women’s rights, the Commission published the Report on the Status of Women’s Rights in the Americas as a separate document.  The Commission indicated that the report was the first installment in a new special series which would be published by the Commission to call the attention of the international human rights community to certain specific topics such as the one in question.  In light of the recent celebration of International Women’s Day, the Commission again urged OAS member states to immediately adopt the necessary steps to fulfill their commitment to eliminate all discriminatory measures against women in the Americas. 

            19.       Moreover, during this session, the Commission indicated that the voluntary fund established at its 98^th regular session for the work of its special rapporteurs remained open to receive contributions from member states, observers, multilateral organizations, cooperative agencies, foundations, and private institutions.  The Commission stated that it hoped that the voluntary fund would receive the necessary support to enable those rapporteurships to fulfill their role in fostering progress toward the full protection of the persons and rights on which the rapporteurs focus their efforts.  The Commission noted the pledges made by Argentina and by the Kingdom of Sweden to contribute to the voluntary funds which was established for the Commission’s rapporteur on freedom of expression.  The Commission also indicated that it was pleased to learn that the Kingdom of Spain would make a contribution to strengthening the IACHR’s documentation center and supporting its publications. 

2.       103^rd special session 

20.       The Commission held its 103^º special session from May 3 to May 7, 1999. Chairman Robert K. Goldman, on behalf of the IACHR, delivered the Commission’s 1998 Annual Report to the Committee on Juridical and Political Affairs of the Permanent Council of the OAS on May 6.  At the same time, the Chairman of the Commission delivered the published versions of the Report on the Human Rights Situation in Mexico and the Third Report on the Human Rights Situation in Colombia, which had been approved during the 99^th and 102 ^nd sessions. 

21.       The Commission’s 1998 Annual Report was published in three volumes.  Volume I contains the origin and legal bases of the IACHR, the Commission’s activities, and reports on individual petitions and cases.  Volume II comprises the chapter on individual cases, an analysis of human rights developments in the region, the follow-up on the IACHR’s past recommendations, special studies, and the Commission’s recommendations to member states concerning areas in which steps should be taken to achieve full observance of human rights.  Volume III of the Annual Report contains the Report of the Rapporteur for Freedom of Expression. 

22.       Also, during this session, the Commission examined numerous individual communications concerning alleged violations of the American Convention and/or the American Declaration of the Rights and Duties of Man, and issued a total of 25 reports on individual cases and petitions.  Pursuant to Articles 48(1)(b) of the American Convention and 35 (c) of its Regulations, after examining various files, the Commission decided to suspend consideration of 6 cases. 

23.       During the session, the Commission studied the states’ responses to the questionnaires concerning the situation of migrant workers and their families in the hemisphere, which were submitted subsequent to the IACHR’S 102^nd regular session.  Commissioner, Dr. Alvaro Tirado Mejia, rapporteur for the rights of migrant workers and their families, informed the Commission of recent developments on this topic in the OAS member states. 

24.       Also during the period under review, in consideration of the proposal made by Dean Claudio Grossman, rapporteur for women’s rights, the Commission reviewed several individual cases regarding the rights of women, as well as the status of legislative reform pertaining to women’s rights in the Americas, pursuant to Recommendation Nº 6 of Chapter VIII of the IACHR’s 1998 Annual Report.  The rapporteur also informed the Commission of his concern about the situation of domestic violence against women in the hemisphere, which he considered to be a serious matter. 

25.       During the session, the Commission reviewed preparations for various on-site visits, which were planned for 1999.  The Commission also proposed dates for a future visit to Paraguay in response to that State’s invitation.  In addition, the Commission also decided to continue to conduct special on-site visits to several locations in the United States, pursuant to the invitation issued by the Government of the United States of America.  Moreover, with regard to Haiti’s invitation to the Commission to conduct an on-site visit to Haiti, the Commission continued its discussions with the representatives of that State in order to finalize dates for the visit. 

3.     104^th regular session 

26.       The Commission held its 104^th regular session from September 27^th to October 8, 1999.  At the inauguration of the Commission’s meeting Prof. Robert K. Goldman, Chairman of the Commission, in his opening remarks before the Committee on Juridical and Political Affairs, referred to the recently initiated dialogue on the inter-American human rights system.  Prof. Goldman highlighted the importance of strengthening the system’s institutional structure, nationally and regionally, in order to enhance respect for human rights in the Americas.  The Commission’s Chairman also referred to other issues, and placed special emphasis on the importance of the OAS member states’ compliance with their international obligations in respect of human rights, the decisions of the system’s organs and the Commission’s and the Inter-American Court’s budgets.  

27.       On September 22, 1999, the President of the Republic of Venezuela, Hugo Chavez, Frias, requested a meeting with the Commission at the IACHR’s headquarters in Washington, D.C.  The Commission was honored to receive the President of Venezuela with his distinguished retinue, which included Venezuelan Minister of Foreign Affairs, José Vicente Rangel. 

28.       In a separate press release issued on September 22, 1999, concerning the President of Venezuela’s visit to the Commission, the IACHR stated that the meeting with the President of the Republic of Venezuela enabled it to take note of the President’s present and future vision of Venezuela.[1] The President of Venezuela expressed his support for the work of the Commission and conveyed the interest of the Government of Venezuela in respecting and observing human rights during its process of constitutional reform.

29.       During the meeting with the President of Venezuela, the President invited the Commission to conduct an on-site visit to Venezuela.  On behalf of the Commission, the Chairman accepted the invitation to be conducted, at a mutually agreed date in the future. 

30.       During the same regular session, the Commission received the Minister of Foreign Relations of the Republic of Paraguay, José Félix Fernández Estigarribia.  During the meeting, Minister Fernández Estigarribia reiterated the institutional support of Paraguay for the work performed by the organs of the Inter-American human rights system.  The Commission and Minister Fernández Estigarribia explored various possibilities for cooperation and human rights promotion. 

            31.       In addition, during this session, the Commission held a meeting with the Minister of Foreign Relations of El Salvador, Eugenia Brizuela de Avila. The Minister discussed issues relating to the protection and promotion of human rights in El Salvador, and mentioned some initiatives taken by her Government.  During the meeting, the Commission took the opportunity to reiterate its interest in the strengthening of democratic institutions and in the effective observance of human rights in El Salvador.  Commissioner Alvaro Tirado Mejia, the IACHR’s rapporteur on the status of migrant workers and their families, expressed the Commissioner’s interest in participating as a permanent observer at the Regional Conference on Migration, known as the “Puebla Process,” and announced that this initiative would soon be formalized. 

32.       In addition, during this session, the Commission received Mr. Olara Otunnu, special Representative of the United Nations Secretary-General for Children and Armed Conflict.  Mr. Otunnu referred to the importance of addressing the issue of children in armed conflict in the context of the structural foundation of societies; he also highlighted the serious consequences of armed conflicts in Latin America for minors and children.  Commissioner Hélio Bicudo discussed some of the Commission’s activities for protecting and promoting the rights of the child. The Commission and the special Representative agreed to establish regular communication in this area. 

            33.       Moreover, during the session, the Commission received a delegation from the Inter-American Press Association (IAPA), including its President, Jorge Fascetto, and several top-level officers.  The members of the IAPA’s delegation discussed various problems pertaining to freedom of expression and filed four petitions alleging violations of the right to life and freedom of expression of journalists in various countries. 

34.       During the period under review, the Commission held 51 hearings on individual cases, the general human rights situation in the member states of the OAS, precautionary measures, and other issues under its jurisdiction. With regard to friendly settlements, the Commission held hearings and working sessions pertaining to Argentina (4 cases), Brazil (3 cases), Colombia (3 cases), Ecuador (19 cases) Guatemala (2 cases), Mexico (4 cases) Paraguay (5 cases), and Peru (2 cases).  In addition to the 19 cases referred to above from Ecuador, the Government of Ecuador reported that it would soon sign friendly settlement agreements in eight cases in which discussions were under way.  The Commission indicated that it would continue to place the utmost priority on solving cases pursuant to the mechanism established in Article 48(1)(f) of the American Convention. 

35.       Also during the regular session, the Commission continued to study several individual communications alleging human rights violations protected by the American Convention and/or the American Declaration of the Rights and Duties of Man.  The Commission adopted 42 reports on individual cases and petitions. Pursuant to Articles 48(1)(b) of the American Convention and 35(c) of its regulations, after examining various files, the Commission decided to suspend consideration of 21 cases. 

36.       In addition, during this session, the Commission considered the observations which were submitted by the Government of the Dominican Republic on the preliminary text of the Report on the Situation of Human Rights in the Dominican Republic.  The Commission analyzed this information, and, where appropriate, incorporated the information into the final version of the Report on the Dominican Republic, which was approved by the Commission for publication.  The Report analyzed the administration of justice and the conditions of prisons and prisoners.  The Report also contained information on the situation of migrant workers, women, and minors. The Commission noted in the Report that the problems which affect the full observance of human rights in the Dominican Republic, did not reflect from a state policy aimed at violating human rights.  The Commission recognized in the report that the Dominican authorities faced structural problems, cultural patterns inherited from its authoritarian history, anachronistic institutions, and a lack of resources. 

37.       Moreover, in its Report on the Dominican Republic, the Commission made recommendations to the State requiring it to fully comply with its international obligations in respect of human rights in that State. The Commission also expressed its gratitude to the State for providing the facilities, and its cooperation during the on-site visit, and for the documentation provided.  In addition, the Commission expressed it thanks to the private individuals and non-governmental organizations for the information it provided to the Commission during the visit. 

4.       105^th special session 

38.       The Commission held its 105^th special session in San José, Costa Rica, on November 19 and 21, 1999.  Prof. Robert K Goldman, Chairman of the Commission, Dr. Hélio Bicudo, First Vice-Chairman; Dean Claudio Grossman, Second Vice-Chairman, and Commissioners Dr. Carlos Ayala Corao, Dr. Jean Joseph Exumé and Dr. Alvaro Tirado Mejía, were present at the meeting.  In addition, the Commission was assisted by the following members of the Commission’s Secretariat:  Ambassador Jorge E. Taiana, Executive Secretary, and Dr. David Padilla, Assistant Executive Secretary.  During the session the Commission examined 15 petitions and individual cases and adopted a number of reports on admissibility and merits.  

C.        Special and on-site visits conducted by the Commission  

1.         Visit to the United States (Texas)  

            39.       The  Inter-American Commission on Human Rights conducted an on-site visit to El Paso, Texas from July 7 to 9, 1999, at the invitation of the Government of the United States of America, for the purpose of observing and gathering information concerning immigration and asylum processes and the situation of migrant workers in that region.  

            40.       The Commission’s delegation was composed of Dr. Jean Joseph Exume, Commission Member; Dr. David J. Padilla, Assistant Executive Secretary of the Commission; Drs. Relinda Eddie and Pablo Saavedra, human rights attorneys; Tania Hernandez, administrative assistant; Gerard Francois and Elizabeth Roure, interpreters. 

            41.       During its stay in El Paso, Texas, the Commission met with Luis Garcia, District Director for Immigration and Naturalization in El Paso District; Michael D. Moon, Assistant Chief Patrol Agent of the United States Border Patrol; Vincent J. Clausen, Assistant District Director for Detention and Deportation for the Department of Justice and the Immigration and Naturalization Service;  Benjamin Rincon Jr., Chief Detention Enforcement Officer of the Immigration and Naturalization Service, El Paso District; Joseph A. Mongiello, Port Director of the Bridge of the Americas Port of Entry; Isabel Mullens, Port Director of Paso del Norte Port of Entry; Mr. Richard Duran, Port Director of Ysleta, Zaragoza Port of Entry; and Barbara A. Hall, Program Director of the Southwest Key Juvenile Center. 

            42.       The Commission also met with Antonio Rocco Scandiffio, Program Coordinator and other staff members from the State of Texas Workforce Commission; and with Mary Lou Morales, Assistant Director of Nursing Services Program, Texas Department of Health. 

            43.       In addition, the Commission met with members of the Bar of El Paso, Texas, immigration advocates and representatives of the following human rights organizations that interact daily with immigrants, asylees and migrants: Las Americas Immigrant Center, Texas Rural Legal Aid, Inc., American Friends Service Committee Immigration Law Enforcement Monitoring Program, Diocesan Migrant and Refugee Services, Lawyers’ Committee for Civil Rights under the Law of Texas and Immigrant Refugee Rights Project of El Paso, Southwest Migrant Farm Worker and Native American Assistance Program (SWAP), Pro Action Healthcare Outreach Program, Asociación de Trabajadores Fronterizos, La Mujer Obrera, and El Paso Coalition for the Homeless Opportunity Center. 

            44.       The Commission visited the El Paso Processing Center and Detention Facility of the United States Immigration and Naturalization service, the Southwest Key Juvenile Center, United States Border Patrol Sector Headquarters, Paso Del Norte Border Patrol Processing Center, Ysleta Port of Entry, Bridge of the Americas Port of Entry, and El Paso del Norte Port of Entry.

            45.       Furthermore, the Commission received information on issues relevant to the purpose of its visit which included the Immigration and Naturalization Service’s mandate, procedures for processing asylum seekers and migrants, Operation Hold the Line, the expedited removal procedure under the Immigration Act, conditions of detention, access to attorneys and legal representation, trafficking of migrants, alleged human rights abuses of migrants, as well as the educational, working, medical and housing conditions of migrants there.  The Commission also received information on the impact of NAFTA on workers in the region. 

            46.       The Commission intends to use the information it received for the preparation of a report on the human rights situation of migrant workers and their families in the hemisphere.  This project was endorsed by the Presidential Summit of the Americas which was held in Santiago, Chile, as well as by a Resolution reiterated by the General Assembly of the OAS which was held in Guatemala in June of 1999.  In furtherance of this study, the Commission plans to conduct a series of visits to different ports of entry and immigration detention centers in the United States as well as other countries in the region. 

2.      Visit to Paraguay 

47.       The Inter-American Commission on Human Rights conducted an on-site visit to the Republic of Paraguay from July 28 to July 30, 1999, at the invitation of the Government, for the purpose of observing the general situation of human rights in that country. 

           48.       The Commission’s Delegation was composed of Professor Robert K. Goldman, Chairman of the Commission, Professor Hélio Bicudo, First Vice-Chairman, Dean Claudio Grossman, Second Vice-Chairman, Professor Carlos Ayala Corao, and Commissioner Dr. Alvaro Tirado Mejia; Ambassador Jorge E. Taiana, Executive Secretary of the Commission, Dr. David Padilla, Assistant Executive Secretary of the Commission; Drs. Christina M. Cerna, Ignacio J. Alvarez, human rights attorneys; Dr. Santiago Canton, special rapporteur for freedom of expression; and Administrative Assistants, Ana Cecilia Adriazola and Tania Hernández. 

49.       During the visit, the Commission met with government representatives from the executive, judiciary, and legislative branches, as well as with different sectors of civil society, including human rights organizations, church representatives, peasants’ groups and indigenous communities, trade union leaders, and alleged victims of human rights abuses.  The Commission also visited several prison facilities and traveled to different regions of the country. 

50.       Also during the visit the Commission met with the highest ranking authorities from the three branches of Government: the President of the Republic, Dr. Luis Angel González Macchi; the President of the National Congress, Dr. Juan Carlos Galaverna; and the President of Paraguay’s Supreme Court of Justice, Dr. Wildo Rienzi Galeano. 

51.       The Commission also met with the following government representatives from the executive branch: Dr. Miguel Abdon Saguier, Minister of Foreign Affairs; Dr. Silvio Ferreira, Minister of Justice; Dr. Nelson Argaña Contreras, Minister of Defense; Dr. Walter Bower Montalto, Minister of the Interior; Dr. Martín Antonio Chiola, Minister of Health and Social Welfare; Dr. Aníbal de la Cruz Cabrera Veron, Attorney General of Paraguay; Dr. Cristina Muñoz, Minister of the Women’s Secretariat; Mr. Enrique José García de Zúñiga Caballero, President of the Rural Welfare Institute (IBR); Mr. Oscar Optaciano Villamayor Sánchez, President of the National Indigenous Institute (INDI); Mr. Modesto Guggiari Zavala, Governor of the department of Concepción; Mr. César Ramón Alvarenga, Governor of the Department of San Pedro; Mr. Lucio Vergara Ríos, Governor of the Department of Itapúa. 

52.       The Commission likewise met with the following government representatives from the legislative branch: Senator Juan Carlos Galaverna, President of the Senate; Senator Luis Alberto Mauro, Chairman of the Senate Human Rights Committee; Senator José Félix Fernández Estigarribia, Chairman of the Senate’s Foreign Affairs Committee; Deputy Efraín Alegre, President of the Chamber of Deputies; Deputy Sonia de León, Chairman of the Chamber of Deputies Human Rights Committee; and Deputy Luis Alberto Mendoza, Chairman of the Chamber of Deputies of the Foreign Affairs Committee. The meeting was also attended by other senators and deputies from the National Congress. 

53.       In addition, the Commission met with the following members of the judiciary: Supreme Court Justices: Dr. Raúl Sapena Brugada, Dr. Enrique Sosa, Dr. Felipe Santiago Paredes, Dr. Carlos Fernández Gadea, Dr. Jerónimo Irala Burgos, Dr. Luis Lezcano Claude, Dr. Elixeno Ayala, and Dr. Bonifacio Ríos. Moreover, the Commission met with Judge Jorge Bogarín.  At the headquarters of the judicial branch, the Commission visited the repository of documents, that depicted the repression under the dictatorship known as the “Archive of Terror.” 

54.       During the visit, the Commission had discussions with representatives from various nongovernmental human rights organizations, including the National Human Rights Coordinating Office of Paraguay, the American Association of Jurists (AAJ), the Association of Relatives of Military Service Victims (AFAVISEM), the Center for Justice and International Law (CEJIL), the National Human Rights Commission, the Paraguayan Women’s Coordination Office (CMP), the Indigents Network (RI), the DECIDAMOS Campaign for Civic Expression, International Children’s’ Defense (DNI), the Foundation for State Reform (FUNPARE), the Criminal and Social Sciences Comparative Studies Institute (INECIP), the Conscientious Objection Movement (MOC), the National Social Pastorate/Women’s Training and Study Services (SEFEM), the Paraguay Peace and Justice Service, (SERPAJ PY), the Union of Journalists of Paraguay (SPP) Tierraviva, the Committee of Churches for Emergency Help (CIPAE), and the International Human Rights Law Group. 

55.       In addition, during the visit, the Commission met with the following persons, organizations and groups: Msgr. Pastor Cuquejo, from the Paraguayan Bishops’ Conference; Professor Luis Alfonso Reseck; groups representing peasants, such as the National Peasant Federation, ONAL, Red Rural, and Tekokatur; workers’ organizations, including CNTI, CUT, and ICESITEP; the Swindled Savers in Action group; the Coordinating Office of relatives of Political Prisoners and Victims of Persecution of Paraguay; and alleged victims of human rights violations.  During the same visit, Dr. Santiago Canton, the special rapporteur for Freedom of Expression, met with the editors of the following newspapers: ABC Color, El Día, La Nación, Noticias, and Última Hora.  He also held meetings with representatives of radio and television channels. 

56.       The Commission held follow-up meetings on cases that were currently being processed and in which friendly settlement proceedings were being conducted. These meetings were attended by the following persons and representatives: Representatives of the Paraguayan Government; representatives of the Center for Justice and International Law (CEJIL), the Committee of Churches for Emergency Help (CIPAE), and the International Human Rights Law Group, acting on behalf of the alleged victims or their families, some of whom were also in attendance. 

57.       During its visit, the Commission conducted scheduled activities in Asunción, Encarnación, San Pedro, and Concepción. In Asunción, the Commission held meetings with the authorities, individuals, and institutions listed above, and it also visited three prison facilities: Tacumbú (men), El Buen Pastor (women), and Panchito López (juveniles).  The Commission toured the installations of all three and met with prison officials and inmates. 

58.       The Commission visited Encarnacion, and met with local authorities and representatives of civil society. The Commission met with Mr. Lucio Vergara Ríos, the Governor of Itapúa department; and also had meetings with representatives of local nongovermental organizations at the Bishop’s offices, including the Coordination Office for the Victims of Yacireta, the Social Rights Defense Commission, and the striking workers of radio Encarnación.  The Commission also visited the penitentiary in Encarnación. During its visit to the penitentiary in Encarnación, the Commission toured the facilities and met with prison officials and inmates. 

59.       The Commission traveled to San Pedro and Concepción for meetings with local authorities and representatives of civil society. The Commission met with César Ramón Alvarenga, Governor of San Pedro, and met with representatives of the rural communities of Antebi Cue and Curuzú de Hierro, and with other representatives of the local civil society, and with church groups and representatives.  The Commission also visited the indigenous communities of Yakye Axa and Sawhoyamaxa in the Paraguayan Chaco. 

60.       During the Commission’s on-site visit to Paraguay, the Commission received complaints from people claiming, either directly or through their representatives, to have suffered human rights violations. The Commission also met with individuals who wished to offer additional information regarding complaints, which were being processed by the Commission. 

D.        Special visits and other activities 

           61.       Twelve friendly settlement agreements involving a number of cases pending before the Commission were signed on June 11, 1999. 

          62.       On that occasion the IACHR was represented by Commissioner Carlos Ayala Corao and staff lawyer Pablo Saavedra, in charge of Ecuador in the Secretariat. 

63.       On December 2 and 3 a special delegation of the Commission conducted a working visit to Managua, Nicaragua.  Prof. Hélio Bicudo, then First Vice-Chairman of the IACHR and rapporteur for Nicaragua, accompanied by Dr. Bertha Santoscoy, attorney and desk officer for that country, met with ranking government officials and human rights groups. 

64.       Subsequently, the Government organized a human rights conference which was attended by government officials, church and NGOs leaders. Prof. Hélio Bicudo spoke on the inter-American system for the protection of human rights. 

65.       The delegation also visited the National Penitentiary of Tipitapa.  There the delegation observed the great overcrowding in which prisoners live. 

66.       The same day the delegation met with the human rights ombudsman.  It should be noted that the ombudsman is a recently created office in Nicaragua.  The exchange of views and suggestions there were quite fruitful. 

          67.       The rapporteur for Honduras, also Prof. Hélio Bicudo, currently IACHR Chairman, visited that Republic from 4-6 December 1999.  Following an invitation from the Government. Dr. Martha Braga accompanied him in her capacity as desk officer for Hunduras.  The purpose of the trip was to advance the negotiations of friendly settlements in a number of pending cases and to hear the views and obtain information on human rights matters in that country. 

          68.       The activities carried out by the rapporteur included meetings with Honduran NGOs that work with children, the signing of a friendly settlement agreement and the pay of an indemnity to human rights victims.  Other activities included meetings with NGO´s representing indigenous and garífuna communities. Representatives of other specialized NGOs dealing in issues such as freedom of expression, the administration of justice and prisons, also met with the rapporteur.  In addition, the rapporteur met with justices of the Hunduran Supreme Court and the Under Secretary of State, Tomás Arita Valle, in the Ministry of Foreign Affairs. 

Inter-American human rights treaties 

69.       On January 19, 1999, the Permanent Representative of Venezuela deposited its instrument of ratification of the Inter-American Convention on the Forced Disappearance of Persons, and on May 5, 1999, the State of Bolivia ratified the same instrument, bringing to a total of seven OAS member states which have ratified that Convention.  Also on that same date, the Permanent Representative of Colombia deposited the Republic of Colombia’s instrument of ratification of the Inter-American Convention to Prevent and Punish Torture, making it a total of 14 member states of the OAS which have ratified this treaty. 

70.       On November 16, 1999, Costa Rica ratified the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, also known as the Protocol of San Salvador.  Costa Rica became the eleventh state to ratify the instrument, thereby bringing it into force. 

71.       On November 9, 1999, Ecuador and Nicaragua ratified the Additional Protocol to Abolish the Death Penalty.  Costa Rica ratified the same Protocol on February 8, 2000. 

Fellowships 

72.       The Commission continued in 1999 with its “Rómulo Gallegos Fellowships” training program.  The program provides training in the inter-American system for the protection and promotion of human rights for young attorneys from countries in the hemisphere selected annually on a competitive basis.  They must have demonstrated commitment to human rights and very strong academic credentials.  Presently, the Commission has four Rómulo Gallegos fellows and in addition two Notre Dame University-IACHR fellows.  These latter are supported through joint financing by the University and the Commission. 

Promotional activities 

73.       The Members of the Commission and the Executive and Assistant Executive Secretaries and its staff attorneys participated in the Annual Moot Court Competition on the inter-American system of human rights, organized by the Washington College of Law of the American University. 

74.       The Commission and Secretariat also participated in numerous international conferences on the inter-American system of human rights in OAS member states and in Europe and Africa, including Abidján, Côte d´Ivoire, and Arusha, Tanzania. 

75.       The Executive Secretary of the Commission and its staff attorney also participated in the State of Suriname’s first Annual Moot Court Competition on the inter-American system of human rights, which was organized by the University of Suriname. 

E.         Activities of the Inter-American Commission in connection
            with the Inter-American Court of Human Rights 

76.       The Commission continued to litigate a number of matters before the Inter-American Court of Human Rights.

77.       In 1999, the Commission submitted the following contentious cases to the Inter-American Court: Case 11.762 (Baruch Ivcher Bronstein against the State of Peru; Case 11.636 (Jose Maria Cantos) against the State of Argentine; Case 11.803 (Olmedo Bustos et al.) against the State of Chile; Case 11.816 (Haniff Hillaire (Trinidad and Tobago); Case 11.455 (Miguel Aguilera et al.)  against the State of Venezuela; Case 11.123  (Jose Carlos Trujillo Oroza) against the State of Bolivia; and Case 11.760 (Constitutional Court) against Peru. With the submission of the above cases to the Inter-American Court, the Commission now has a total of 23 cases before the Court. 

78.       During the Commission’s 104^th regular session, on September 24, 1999, the Inter-American Court issued decisions on jurisdictional issues in the Baruch Ivcher Bronstein and Constitutional Court cases, both against the Republic of Peru.  The Court declared that it had jurisdiction to hear both cases, and ruled that “the attempt by the Peruvian state to withdraw its declaration recognizing the contentious jurisdiction of the Inter-American Court of Human Rights, with immediate effect, is inadmissible.”  

79.       In its Press Release Nº 25/99, of September 29, 1999, the Commission highlighted the solid legal basis of the Court’s decisions, and stated that “they constitute a significant contribution to strengthening the Inter-American system for the protection of human rights.” The Commission reiterated its hope that the Peruvian State would take advantage of the opportunity to carry out fully its freely-contracted international obligations in respect of human rights. 

80.       Also during the Commission’s 104^th regular session, the Commission took note of Advisory Opinion Nº OC-16/99, “The right to information on consular assistance in the context of the guarantees of due process of law,” issued by the Court on October 1, 1999, at the request of the State of Mexico. The Court inter alia, was of the opinion that “Article 36 of the Vienna Convention on Consular Relations recognizes that a foreign detainee has individual rights, including the right to information regarding consular assistance” and that “the failure to observe a foreign detainee’s right to information, recognized in Article 36(1)(b)” of the Vienna Convention, “affects the guarantees of due process of law and, in these circumstances, the imposition of the death penalty constitutes a violation of the right not to be arbitrarily deprived of one’s life in the terms spelled out in the relevant provisions of the human rights treaties.” 

81.       In addition, on September 29, 1999, the Commission took note of the Court's judgment on the merits of the case of Gustavo Adolfo Cesti Hurtado, in which it declared the Peruvian State had violated Articles 7(6) and 25 of the American Convention, to the detriment of the victim.  Consequently, the Court ordered the Peruvian State to “comply with the resolution issued by the Specialized Chamber of the Public Law of Lima on February 12, 1997, on the writ of habeas corpus filed by Mr. Cesti Hurtado.”  The Court also declared that the Peruvian State had violated Articles 7(1), 7(2), 7(3), and 8(1) of the American Convention, to the detriment of Mr. Cesti Hurtado, and ordered that the reparations stage be initiated to determine the compensation to be paid to the victim for the violations found. 

F.         Twenty ninth regular session of the OAS General Assembly 

82.       During the twenty ninth regular session of the General Assembly, which was held in Antigua and Guatemala City, Guatemala, the Commission was represented by its Chairman, Prof. Robert K. Goldman, First Vice-Chairman, Dr. Hélio Bicudo, Second Vice-Chairman, Dean Claudio Grossman, and Ambassador Jorge E. Taiana, Executive Secretary of the Commission.  The Commission’s Chairman addressed the General Assembly on the general situation of human rights in the OAS member states and formally presented the Commission's 1998 annual report as well as its country reports on Colombia and Mexico. 

83.       It should be noted that by letter dated September 17, 1999, Commissioner Sir Henry Forde tendered his resignation as a Commission member. Subsequently, the Government of Barbados proposed and the Permanent Council elected Dr. Peter Laurie to serve as a Commissioner for the remainder of Sir Henry Forde’s term of office. 

84.       During the General Assembly the following persons were elected to serve as Commissioners in the IACHR: Prof. Robert K. Goldman of the United States of America,  Dr. Juan Méndez of Argentina, Dr. Julio Prado Vallejo of Ecuador, and Dr. Marta Altolaguirre of Guatemala. 

85.       The General Assembly adopted several resolutions in the area of human rights and humanitarian law.  Because of their importance for the promotion and defense of human rights in the Americas and for consolidation of the inter-American system, the following resolutions are reproduced below:   

AG/RES. 1609 (XXIX-O/99) 

INTER-AMERICAN DECLARATION ON FREEDOM OF EXPRESSION

(Resolution adopted at the first plenary session,

held on June 7, 1999)

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on “Assaults upon Freedom of the Press and Crimes against Journalists” (CP/CAJP-1488/99), presented pursuant to resolution AG/RES. 1550 (XXVIII-O/98);

BEARING IN MIND that Article 3.l of the Charter of the Organization of American States establishes as one of its principles that “the American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex”;

RECALLING that Article IV of the American Declaration on the Rights and Duties of Man and Article 13 of the American Convention on Human Rights provide that every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever; 

BEARING IN MIND that the Heads of State and Government, at the Second Summit of the Americas, held in Santiago, Chile, in April 1998, expressed their support for the Inter-American Commission on Human Rights in this field, in particular for the recent appointment of a Special Rapporteur for Freedom of Expression; 

CONSIDERING:  

That at the same Summit of the Americas held in Santiago, the heads of states and government reaffirmed “the importance of guaranteeing freedom of expression, information, and opinion”; 

That the General Assembly, at its twenty-eighth regular session, through resolution AG/RES. 1550 (XXVIII-O/98), instructed the Permanent Council “to study the advisability of preparing an Inter-American Declaration on Freedom of Expression”; and 

That the Permanent Council has completed the study mentioned in the preceding paragraph,  

RESOLVES: 

1.  To instruct the Permanent Council to continue its work on the preparation of an inter-American Declaration on Freedom of Expression to be presented to a session of the General Assembly no later than the thirtieth regular session. 

2.  To urge the member states to continue to comply with resolution AG/RES. 1550 (XXVIII-O/98), particularly its operative paragraphs 2 and 4.

AG/RES. 1610 (XXIX-O/99)

PROPOSED AMERICAN DECLARATION ON THE RIGHTS

OF INDIGENOUS POPULATIONS

(Resolution adopted at the first plenary session,

held on June 7, 1999)

THE GENERAL ASSEMBLY,

RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), and AG/RES. 1549 (XXVIII-O/98);

CONVINCED that the adoption of a declaration on the rights of indigenous populations will enhance the recognition, promotion, and protection of the rights of those populations, and will contribute to the development of pertinent activities by the Organization of American States in this area;

EXPRESSING ITS GRATITUDE to the Inter-American Commission on Human Rights, the Inter-American Juridical Committee, and the Inter-American Indian Institute for their contributions in preparing a proposed declaration on the rights of indigenous populations;

CONSIDERING that, in accordance with resolution AG/RES. 1549 (XXVIII-O/98), the Meeting of Government Experts to Examine the Proposed American Declaration on the Rights of Indigenous Populations was held at OAS headquarters from February 10 to 12, 1999;

HAVING EXAMINED the report of the Committee on Juridical and Political Affairs of the Permanent Council on the Proposed American Declaration on the Rights of Indigenous Populations (CP/CAJP-1489/99), in keeping with resolution AG/RES. 1549 (XXVIII-O/98); and

BEARING IN MIND that, despite the progress made, the Meeting of Government Experts was unable to complete its work, aimed at the adoption of a declaration during this session of the General Assembly, pursuant to the aforementioned resolution AG/RES. 1549 (XXVIII-O/98),

RESOLVES: 

1.   To establish a working group of the Permanent Council to continue consideration of the Proposed American Declaration on the Rights of Indigenous Populations. 

2.   To invite the Working Group to take account of the observations and comments of the member states and of the various organs, agencies, and entities of the inter-American system.  

3.    To also invite the Working Group to provide for appropriate participation in its efforts by representatives of indigenous communities, so that their observations and suggestions may be considered. 

4.    To request the Inter-American Indian Institute to provide the necessary advisory services to the Working Group and to prepare, at the earliest possible date, a report on the actions taken by other international organizations to promote the rights of indigenous populations.

5.    To request the General Secretariat and the organs, agencies, and entities of the inter-American system to provide any assistance required by the Working Group, which shall hold an initial meeting before the end of this year. 

6.    To also request the Inter-American Juridical Committee to continue providing legal advice to the Working Group on the proposed Declaration on the Rights of Indigenous Populations. 

7.     To request the Permanent Council to present to the General Assembly, at its thirtieth regular session, a progress report on the activities entrusted to the Working Group.   

AG/RES. 1611 (XXIX-O/99)

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

(Resolution adopted at the first plenary session,

held on June 7, 1999)

                THE GENERAL ASSEMBLY,

HAVING EXAMINED the annual report of the Permanent Council on the human rights of all migrant workers and their families (CP/CAJP-1487/99), presented pursuant to resolution AG/RES. 1548 (XXVIII-O/98);

TAKING NOTE of the 1998 annual report of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102/doc.6 rev.);

RECALLING 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 in this Declaration, without distinction as to race, sex, language, creed, or any other factor;

RECALLING ALSO that the American Convention on Human Rights recognizes that essential human rights are not derived from one’s being a national of a certain state, but are based upon attributes of the human personality, and therefore justify international protection;

UNDERSCORING that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families establishes the duty of states to ensure to all migrant workers and members of their families within the territory or subject to their jurisdiction the rights provided for in the Convention without distinction of any kind, such as sex, race, color, language, religion or conviction, political or other opinion,, nationality, age, economic position, property, marital status, birth, or other status;

BEARING IN MIND the Declaration and the Plan of Action of the Second Summit of the Americas (Santiago, 1998);

CONSIDERING that many migrant workers and their families are compelled to leave their places of origin in search of better opportunities; and

AWARE of the vulnerable situation in which migrant workers and their families often find themselves, in part because they do not live in their states of origin and because of difficulties arising from cultural differences–especially with respect to language and customs–and in part because their circumstances often lead to the breakdown of the family,

RESOLVES:

1.   To reaffirm that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights apply to all persons, including migrant workers and their families. 

2.   To urge those member states that have not yet done so to seriously consider ratification of or, if applicable, accession to the American Convention on Human Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.   

3.   To urge the member states to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and members of their families, as envisaged in the above-mentioned instruments.

4.   To emphatically reiterate the duty of the states to ensure full respect and observance of the Vienna Convention on Consular Relations (1963), particularly in relation to the right of nationals of another state, regardless of their immigration status, to communicate with a consular official of their own state in case of detention and the obligation of the state in whose territory the detention occurs to inform the national of another state of that right.

5.   To invite the states parties to cooperate with the Inter-American Commission on Human Rights so that it may conclude, as soon as possible, the full report on the human rights situation of all migrant workers and their families.

6.   To request the Inter-American Commission on Human Rights to provide the Special Rapporteur for the rights of all migrant workers and their families with the necessary and appropriate means to perform his or her duties.

7.   To call upon the member states, the permanent observers, the organs, agencies, and entities of the inter-American system, and other sources to contribute to the voluntary fund of the Office of the Special Rapporteur for the rights of all migrant workers and their families.

8.   To recommend to the Inter-American Council for Integral Development that it support projects and activities to benefit all migrant workers and their families, as an expression of inter-American solidarity, an essential element in the integral development of the member states.

9.   To request the Organization’s Councils to report to the Assembly at its thirtieth regular session on the implementation of this resolution in their respective areas of competence.

AG/RES. 1633 (XXIX-O/99)

EVALUATION OF THE WORKINGS OF THE INTER-AMERICAN SYSTEM

FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
WITH A VIEW TO ITS STRENGTHENING AND IMPROVEMENT

(Resolution adopted at the first plenary session,

held on June 7, 1999)

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on evaluation and improvement of the inter-American system for the promotion and protection of human rights (CP/CAJP-1522/99), presented pursuant to resolution AG/RES. 1546 (XXVIII-O/98);

BEARING IN MIND that Article 3. l of the Charter of the Organization of American States establishes as one of its principles that “the American States proclaim the fundamental rights of the individual, without distinction as to race, nationality, creed, or sex”;

AWARE that international promotion and protection of human rights is intended to enhance and complement the protection afforded under the domestic law of the member states and is based on the dignity of the individual; and

CONSIDERING:

That the Heads of State and Government, in the Plan of Action of the Second Summit of the Americas, held in Santiago, Chile, in April 1998, affirmed the need to strengthen and improve the inter-American human rights system through concrete initiatives; and

That it is advisable to pursue efforts to strengthen and improve the inter-American human rights system, including the possibility of evaluating the corresponding legal instruments and the working methods and procedures of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights,

RESOLVES:

1.   To promote concrete initiatives and measures designed to strengthen the institutional structure of the inter-American human rights system within the framework of the legal instruments governing it and to promote ties with national as well as regional and international entities with similar purposes so as to strengthen and improve that system.

2.   To instruct the Permanent Council to continue its comprehensive consideration of the various aspects involved in the evaluation of the inter-American system for the promotion and protection of human rights with a view to strengthening and improving it, formulating such recommendations as the Permanent Council considers appropriate. 

3.   To instruct the Permanent Council to promote dialogue and cooperation among the organs, agencies, and entities of the inter-American system and, where appropriate, with the Inter-American Institute of Human Rights and other governmental and nongovernmental organizations and institutions. 

4.   To forward this resolution to the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.   

5.   To request the Permanent Council to report to the General Assembly at its thirtieth regular session on compliance with this resolution.

AG/RES. 1635 (XXIX-O/99)

AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN

(Resolution adopted at the first plenary session,

held on June 7, 1999)

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on the American Declaration of the Rights and Duties of Man (CP/CAJP-1523/99 corr. 1), presented pursuant to resolution AG/RES. 1591 (XXVIII-O/98);

Bearing in mind that, in 1948, the Ninth International Conference of American States adopted the American Declaration of the Rights and Duties of Man, which is based on human dignity, essential human rights, duties, and the need to create increasingly favorable conditions for the full observance of those values;

Taking into account that the aforementioned Conference also determined that the promotion and protection of the human rights enshrined in the American Declaration should be strengthened on an ongoing basis;

RECALLING that Article II of the Declaration provides that “all persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor”; and

Taking into account that the General Assembly, in resolution AG/RES. 1591 (XXVIII-O/98), instructed the Permanent Council to study and propose, if appropriate, changing the title “American Declaration of the Rights and Duties of Man” to “American Declaration of the Rights and Duties of Persons,” or any other agreed term, and replacing the word “man” in the text with “person,” or any other agreed term, where appropriate,

RESOLVES: 

1.  To extend the mandate given to the Permanent Council in resolution AG/RES. 1591 (XXVIII-O/98), “American Declaration of the Rights and Duties of Man.”  
 

2.  To request the Permanent Council to report on the implementation of this mandate to the General Assembly at its thirtieth regular session.  

AG/RES. 1652 (XXIX-O/99)

observations and recommendations on the ANNUAL REPORT OF THE
Inter-American Court of Human Rights

(Resolution adopted at the first plenary session,

held on June 7, 1999)

THE General Assembly,

HAVING SEEN the observations and recommendations of the Permanent Council on the annual report of the Inter-American Court of Human Rights (CP/CAJP-1525/99 rev. 1 corr. 1) and the presentation of that report by the President of the Court, Judge Hernán Salgado Pesantes; and

CONSIDERING:

That Article 54.f of the Charter of the Organization of American States establishes that it is a function of the General Assembly to consider the observations and recommendations presented by the Permanent Council on the reports of the organs, agencies, and entities of the Organization in accordance with Article 91.f of the Charter;

That Article 65 of the American Convention on Human Rights establishes that the Court shall submit to the OAS General Assembly for consideration a report on its work during the preceding year and shall specify, in particular, the cases in which a state has not complied with the Court’s judgments, making any pertinent recommendations;

That the Inter-American Court of Human Rights presented its annual report to the Permanent Council, which has forwarded observations and recommendations thereon to the General Assembly; and,

That the member states of Haiti, Brazil, Mexico, and the Dominican Republic have accepted the Court’s contentious jurisdiction,

RESOLVES:

1.  To receive and transmit to the Inter-American Court of Human Rights the observations and recommendations of the OAS Permanent Council on the annual report.

2.  To express its satisfaction that the Governments of Haiti, Brazil, Mexico, and the Dominican Republic have recognized the Court’s contentious jurisdiction, which recognition helps to strengthen the inter-American system for the promotion and protection of human rights.

3.  To urge those member states of the OAS that have not yet done so to give special, prompt consideration to signing, ratifying, or acceding to, as appropriate and in keeping with their constitutional precepts and domestic law, the American Convention on Human Rights, or Pact of San José, and to accept, as appropriate, the contentious jurisdiction of the Inter-American Court of Human Rights.