GENERAL ASSEMBLY RESOLUTIONS

 

 

AG/RES. 1404 (XXVI-0/96)

 

ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

(Resolution adopted at the eighth plenary session,

held on June 7, 1996)

 

 

          THE GENERAL ASSEMBLY,

 

          HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights to the General Assembly (CP/doc.2731/96) and the presentation thereof by the Chair of the Commission, together with the observations and recommendations presented by the Permanent Council in regard to the Annual Report of the Inter-American Commission on Human Rights (AG/doc. 3336/96 rev.1); and

 

          CONSIDERING:

 

          That the member states of the Organization of American States (OAS) have proclaimed in the OAS Charter, as one of their principles, respect for the fundamental rights of the individual, without distinction as to race, nationality, creed, or sex;

 

          That the Inter-American Commission on Human Rights, established at the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in 1959, has as its principal function, pursuant to the OAS Charter, to promote the observance and protection of human rights and to serve as a consultative body of the Organization in this respect;

 

          That the ideal of a free human being, untrammeled by fear and poverty, can be attained only if conditions which allow all individuals to enjoy their economic, social, and cultural rights as well as their civil and political rights are created;

 

          That women should be guaranteed the exercise, under equal terms, of their civil, political, economic, social, and cultural rights, as well as lives free of discrimination and violence;

 

          That the international protection of human rights enhances or complements the protection offered by the internal law of the member states and is based on the attributes of the human being;

 

          That effective exercise of representative democracy is the best guarantee of the full-fledged recognition of human rights; and

 

          That there is a growing and healthy tendency on the part of the member states to incorporate the precepts of international treaties on human rights --in particular those in the American Convention on Human Rights-- into their internal legal systems,

 

RESOLVES:

 

          1.       To take note of the Annual Report of the Inter-American Commission on Human Rights to the General Assembly (CP/doc.2731/96).

 

          2.       To urge the Inter-American Commission on Human Rights to continue promoting the observance and protection of human rights as recognized in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights.

 

          3.       To recognize the work of the Inter-American Commission on Human Rights to protect and promote the observance and defense of human rights in the Hemisphere, and to urge the member states to continue cooperating with and supporting the Inter-American Commission on Human Rights and to provide it with the resources it needs to fulfill its functions.

 

          4.       To urge the member states that have not done so to incorporate instruction on human rights into their education programs at the various levels and as widely as possible, in accordance with their internal legal systems.

 

          5.       To receive the observations and recommendations presented by the Permanent Council for consideration by the General Assembly and transmit them to the Inter-American Commission on Human Rights together with this resolution.

 

          6.       To take note of the comments and observations made by the member state governments on the annual report and the measures now being adopted by those states to strengthen the promotion, observance, and protection of human rights.

 

          7.       To note the progress achieved in the effective observance of human rights in the region, especially the measures currently being adopted by the member states to heighten the promotion, observance, and protection of human rights in their respective countries; and, at the same time, to express their concern over the persistence of situations that impinge on the full and effective exercise of human rights.

 

          8.       To urge the member states that have not yet done so to sign, ratify, or accede to, as appropriate, the American Convention on Human Rights or "Pact of San José, Costa Rica"; the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights or "Protocol of San Salvador"; and the other inter-American instruments for the promotion and protection of human rights.

 

          9.       To recommend to the member states that they consider the possibility of accepting the compulsory jurisdiction of the Inter-American Court of Human Rights, in keeping with Article 62 of the American Convention on Human Rights.

 

          10.     To urge the member states to devote special efforts, pursuant to their laws, to eliminating all forms of discrimination against women, as a means of protecting their human rights.

 

          11.     To urge the member states to guarantee and exercise special vigilance with regard to the human rights of indigenous people, minors at risk, refugees, persons with disabilities, migrant workers and their families, detainees and prisoners, marginalized or minority groups, and victims of racial discrimination; to urge them to create conditions that will foster harmony and tolerance among those groups and all sectors of society; and to call upon the Inter-American Commission on Human Rights to continue paying special attention to these matters.

 

          12.     To reiterate recommendation made to the Inter-American Commission on Human Rights in resolution AG/RES. 1112 (XX-O/91) that it continue to cover in its annual report its activities to promote observance and awareness of human rights in the member states.

 

          13.     To instruct the Permanent Council to evaluate the working of the inter-American system for the protection and promotion of human rights so as to initiate a process leading to its improvement, possibly by modifying the respective legal instruments as well as the methods and working procedures of the Inter-American Commission on Human Rights, for which it shall request the cooperation of the Commission and the Inter-American Court of Human Rights; and to instruct it to report to the General Assembly at its next regular session.

 

          14.     To urge the member states to continue cooperating with the Inter-American Commission on Human Rights in conducting on-site visits, pursuant to applicable provisions, given the importance of such visits to the protection and promotion of human rights; and to express their appreciation to those states that have issued invitations to the Commission.

 

          15.     To promote dialogue between member states, between those states and the Inter-American Commission on and Court of Human Rights, and with experts in the field, so as to contribute to a process of reflection leading to improvement of the inter-American human rights system.

 

          16.     To recommend to the Inter-American Commission on Human Rights that it continue to give priority to adoption of the necessary measures to remedy the situation of persons held in custody awaiting trial and the overcrowding of prisons, and to request that the Commission present a report on those topics to the General Assembly at its next regular session.

 

          17.     To request the Inter-American Commission on Human Rights to continue to report on measures taken in response to the observations and recommendations of the Permanent Council that were transmitted by the General Assembly.

 

          18.     To urge the Inter-American Commission on Human Rights to continue attaching special importance to dialogue with the member states in regard to progress achieved in and difficulties that have impeded the observance of human rights.

 

          19.     To condemn vehemently all forms of racism, racial or religious discrimination, xenophobia, and intolerance and to urge the member states to take effective measures to promote tolerance and eliminate all forms of racist and discriminatory conduct.

 

          20.     To recommend to the Inter-American Commission on Human Rights that it include in its next annual report an evaluation of the situation of migrant workers and their families in the Hemisphere.

 

          21.     To urge the Inter-American Commission on Human Rights to establish a dialogue with the member state governments, indigenous organizations and communities, the Inter-American Indian Institute, legal experts, and government authorities with regard to the draft Inter-American Declaration on the Rights of Indigenous Peoples, so that the text of the draft declaration will reflect their concerns as well as the work of the United Nations in this area.

 

 


 

AG/RES. 1480 (XXVII-O/97)

 

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

 

(Resolution adopted at the seventh plenary session,
held on June 5, 1997)

 

          THE GENERAL ASSEMBLY,

 

          HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights (document CP/doc.2882/97), Chapter VI of which contains a progress report on the situation of migrant workers and their families in the Hemisphere that states that a working group has been formed and a rapporteur appointed;

 

CONSIDERING:

 

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 enshrined in that declaration, without distinction as to race, sex, language, creed, or any other factor;

 

That the American Convention on Human Rights recognizes that the essential human rights are not derived from one's being a national of a particular state but are based upon attributes of the human person, for which reason they merit international protection;

 

That each state party to the International Covenant on Civil and Political Rights must guarantee the rights recognized therein for all individuals present within its territory and subject to its jurisdiction;

 

That all states parties to the International Covenant on Economic, Social and Cultural Rights should pledge to guarantee the exercise of the rights set forth therein, without discrimination of any kind, particularly with regard to national origin;

 

That the Declaration of Principles of the Summit of the Americas held in 1994 states that it is politically intolerable and morally unacceptable for some sectors of our populations to be bypassed and not to share fully in the benefits of development, and that everyone should have access to the fruits of democratic stability and economic growth, without discrimination based on race, sex, national origin, or religion; and

 

That the Plan of Action of that summit sets forth the commitment to review and strengthen the law governing protection of the rights of minority groups, so as to ensure that they are free from discrimination, guarantee them full and equal legal protection, and facilitate their active participation in society;

 

          CONSIDERING ALSO the sovereign right of each state to formulate and apply its migration laws in the way that best meets its national interests, always in keeping with the principles and rules of international law and in a spirit of cooperation;

 

          RECALLING that the Declaration of Montrouis: A New Vision of the OAS states that increasing interdependence and economic integration require that the question of migrant workers and their families be addressed on the basis of solidarity among member states and with full respect for the dignity and rights of such persons;

 

          RECALLING ALSO that, in the Declaration of Montrouis: A New Vision of the OAS, concern is expressed over the situation of all migrant workers and their families, whose dignity and human and civil rights should be respected and protected by the member states;

 

          BEARING IN MIND the statements made on the rights of migrant workers and their families within the framework of the Inter-American Council for Integral Development (CIDI) and, in particular, the references to this especially vulnerable population group in the Strategic Plan for Partnership for Development 1997-2001 and the Inter-American Program to Combat Poverty and Discrimination;

 

          BEARING IN MIND ALSO that many migrant workers and their families are compelled to leave their homes in search of better opportunities and to escape the poverty that the member states are committed to eradicating, as noted in the Inter-American Program to Combat Poverty and Discrimination;

 

          CONCERNED over the increasingly frequent expressions of racism, xenophobia, and other forms of discrimination and inhuman and degrading treatment leveled at migrant workers and their families in various parts of the world;

 

          TAKING INTO ACCOUNT the vulnerable situation in which many migrant workers and their families often find themselves, in part because they do not live in their states of origin; they have difficulties owing to differences of language, customs, and culture; and their circumstances often lead to the breakdown of the family; and

 

          CONVINCED that it is necessary to intensify efforts to improve the situation of all migrant workers and their families and guarantee their rights and their dignity,

 

RESOLVES:

 

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

 

2.       To urge the states to promote and guarantee effective protection of the essential rights of all migrant workers and their families, in keeping with applicable international instruments and taking account of generally recognized humanitarian principles.

 

3.       To thank the Inter-American Commission on Human Rights (IACHR) for its work in behalf of the rights of all migrant workers and their families, and to urge it to intensify its efforts with a view to presenting a thorough report on their situation.

 

4.       To urge the Permanent Council to continue to support the work of the IACHR in this area and to take into account the efforts of other international organizations in behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere.

 

5.       To urge the Inter-American Council for Integral Development to carry out projects and activities to benefit all migrant workers and their families, as an expression of inter-American solidarity and an essential element in the integral development of the member states.

 

6.       To request the councils of the Organization to present to the General Assembly, at its twenty-eighth regular session, a report, with recommendations, on the implementation of this resolution in their particular areas of competence.

 

 

AG/RES. 1928 (XXXIII-O/03)

 

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

 

(Resolution adopted at the fourth plenary session,

held on June 10, 2003)

 

THE GENERAL ASSEMBLY,

 

          HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3);

 

          TAKING INTO ACCOUNT the Annual Report of the Inter-American Commission on Human Rights (CP/doc.3709/03), especially the chapter on the situation of migrant workers and members of their families in the Hemisphere;

          TAKING NOTE of the document entitled “Inter-American Program for the Promotion and Protection of the Human Rights of Migrants in the Framework of the Organization of American States” (CP/CAJP-2038/03);

 

          REAFFIRMING that the American Declaration of the Rights and Duties of Man proclaims that all persons are equal before the law and have the rights and duties enshrined in that declaration, without distinction as to race, sex, language, creed, or any other factor.

 

          EMPHASIZING that the American Convention on Human Rights recognizes that the essential rights of man are not derived from one’s being a national of a certain state, but are based upon attributes of the human personality;

 

CONSIDERING:

 

                   That the Heads of State and Government, gathered at the Third Summit of the Americas, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and pledged to ensure dignified, humane treatment with appropriate legal protections and to strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants;

 

          The positive contributions often made by migrants, both to their countries of origin and to the receiving countries, including their gradual incorporation into the receiving societies, and the efforts made by some receiving countries to integrate migrants;

 

          That the 20th instrument of ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families has been deposited, which means that the Convention can now effectively enter into force; and

 

          Advisory Opinion OC-16, issued by the Inter-American Court of Human Rights, on the Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law;

 

BEARING IN MIND:

 

          That, in the Strategic Plan for Partnership for Development 2002-2005, support for vulnerable groups such as migrant workers was identified as a priority in the implementation of policies and programs to facilitate access to the labor market and to improve working conditions; and

 

          That the Plan of Action of the Third Summit of the Americas provided for the establishment of an inter-American program within the Organization of American States for the promotion and protection of the human rights of migrants, including migrant workers and their families, taking into account the activities of the Inter-American Commission on Human Rights and supporting the work of its Special Rapporteur for Migrant Workers and Their Families and the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights;

 

          CONCERNED over the extremely vulnerable situation in which many migrant workers and their families find themselves and over the persistent obstacles that prevent them from fully exercising their human rights; and

 

          BEARING IN MIND that migrants are often victims of mistreatment, discrimination, racism, and xenophobia,

 

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 take on special importance with respect to protection of the rights of migrant workers and their families.

 

2.       To reaffirm the duty of states parties to the 1963 Vienna Convention on Consular Relations to comply with that Convention, including the right to communication between consular officers and their nationals, regardless of immigration status, in case of detention and the obligation of the states parties in whose territory the detention occurs to inform the foreign national of that right; and, in that connection, to call the attention of states to Advisory Opinion OC-16 of the Inter-American Court of Human Rights.

 

3.       To urge member states to consider the signature and ratification of, ratification of, or accession to, the inter-American human rights instruments, as the case may be, and to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.

 

4.       To take note of the upcoming entry into force, on July 1, 2003, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; and, accordingly, to urge member states to consider the signature and ratification of that instrument, as the case may be.

 

5.      To instruct the Permanent Council:

 

a.       To convene a special meeting of the Committee on Juridical and Political Affairs for this year, at which the Committee will begin, without delay, to prepare an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, with a view to its eventual adoption, starting from the draft presented by the Inter-American Commission on Human Rights (CP/CAJP-2038/03); and

 

b.       To continue supporting the work of the Inter-American Commission on Human Rights in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights and those of the International Organization for Migration (IOM).

 

6.       To request the Inter-American Agency for Cooperation and Development (IACD) to strengthen communication and coordination with the Inter-American Commission on Human Rights,, the IOM, the International Labour Organization, and other pertinent organizations, agencies, and entities and, in that context, to follow up in particular on IACD partnership-for-development activities, under the Strategic Plan for Partnership for Development 2002-2005, related to the situation of migrant workers and members of their families.

 

7.       To recommend to the Inter-American Commission on Human Rights that it:

 

a.       Consider the advisability of participating in joint cooperation projects conducted by the IACD in this area;

 

b.       Provide the Special Rapporteur for Migrant Workers and Their Families in the Hemisphere with the necessary and appropriate means to perform his or her duties, within the resources allocated in the program-budget of the Organization and other resources; and

 

c.       Present to the Permanent Council a report on the status of the rights of all migrant workers and their families prior to the thirty-fourth regular session of the General Assembly.

 

          8.      To invite the member states; permanent observers; organs, agencies, and entities of the inter-American system; and others to contribute to the Voluntary Fund of the Office of the Special Rapporteur for Migrant Workers and Their Families of the Inter-American Commission on Human Rights.

 

          9.      To request the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution, which will be carried out in accordance with resources allocated in the program-budget of the Organization and other resources.