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F.
Thirty-second regular session of the OAS General Assembly
52.
During the thirty-second regular session of the General
Assembly of the Organization of American States, which was held in
Bridgetown, Barbados from June 2-4, 2002, the Commission was
represented by its President, Juan E. Méndez, First Vice-President
Lic. Marta Altolaguirre, Second Vice-President José Zalaquett, and
Executive Secretary Santiago Canton.
The Commission’s President addressed the General Assembly on
the general situation of human rights in the OAS member states and
formally presented the Commission's 2001 Annual Report.
53.
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.
1842 (XXXII-O/02)
HUMAN
RIGHTS DEFENDERS IN THE AMERICAS:
SUPPORT FOR THE INDIVIDUALS, GROUPS, AND ORGANIZATIONS OF CIVIL
SOCIETY WORKING TO PROMOTE
(Adopted
at the fourth plenary session held on June 4, 2002)
THE GENERAL ASSEMBLY,
HAVING
SEEN the report presented by the Permanent Council on the topic “Human
Rights Defenders in the Americas: Support for the Individuals, Groups, and Organizations of
Civil Society Working to Promote and Protect Human Rights in the
Americas,” in keeping with resolution AG/RES. 1818 (XXXI-O/01);
CONSIDERING
that, at its thirty-first regular session, through the aforementioned
resolution AG/RES. 1818 (XXXI-O/01), it instructed the Permanent
Council, to continue to examine this matter in the context of the
dialogue on strengthening and enhancing the inter-American human
rights system and to present a report on implementation of the
resolution;
CONSIDERING
FURTHER:
That,
in the context of the dialogue on the functioning of the system and
pursuant to the mandates contained in resolution AG/RES. 1818
(XXXI-O/01), on November 15, 2001, the Committee on Juridical and
Political Affairs of the Permanent Council held a meeting at which it
considered the topic;
That
the participants at that meeting included not only a representative of
the Inter-American Commission on Human Rights, but also the Special
Representative of the UN Secretary General on the Situation of Human
Rights Defenders, who gave a presentation on the treatment of this
issue in her area of competence; and
That
the Inter-American Commission on Human Rights (IACHR) has expressed
its concern over the situation of human rights defenders in the
region, and has recommended to the member states that they should take
the necessary steps to protect the lives, personal safety, and freedom
of expression of those who work to ensure respect for fundamental
rights, in accordance with the collective commitment expressed in
resolutions AG/RES. 1671 (XXIX-O/99), AG/RES. 1711 (XXX-O/00), and
AG/RES. 1818 (XXXI-O/01);
BEARING
IN MIND the practice of the IACHR in this area and the measures it has
taken to protect the fundamental rights of defenders; and, in
particular, the decision taken on December 7, 2001, by the Executive
Secretary of the Commission to establish an operational unit on human
rights defenders, taking into account the mandate issued in resolution
AG/RES. 1818 (XXXI-O/01);
RECALLING:
That,
at the Third Summit of the Americas, held in Quebec City, Canada, the
heads of state and government reiterated in the Declaration that their
“commitment to full respect for human rights and fundamental
freedoms is based on shared principles and convictions” and
reaffirmed in that Plan of Action that they will “seek to promote
and give effect to the United Nations Declaration on Human Rights
Defenders”; and
That
the OAS General Assembly has previously made similar statements on
this subject reiterating its recommendation that the member states “grant
the necessary guarantees and facilities to enable nongovernmental
human rights organizations to continue contributing to the promotion
and protection of human rights, and that they respect the freedom and
safety of the members of such organizations”;
RECOGNIZING
the important work, at both the national and regional levels, of human
rights defenders in the Americas, as well as their valuable
contribution to the protection and promotion of fundamental rights and
freedoms;
CONCERNED
over the persistence in the Americas of actions that directly or
indirectly prevent or hamper the work of individuals, groups, or
organizations working to promote and protect fundamental rights; and
AWARE
of the need to promote respect for the essential aims, principles, and
standards set forth in inter-American and international instruments on
this matter,
RESOLVES:
1.
To reiterate its support for the work carried out, at both the
national and regional levels, by human rights defenders; and to
recognize their valuable contribution to the protection, promotion,
and observance of human rights and fundamental freedoms in the
Hemisphere.
2.
To condemn actions that directly or indirectly prevent or
hamper the work of human rights defenders in the Americas.
3.
To urge member states to step up their efforts to adopt the
necessary measures, in keeping with their domestic law and with
internationally accepted principles and standards, to safeguard the
lives, personal safety, and freedom of expression of human rights
defenders.
4.
To invite member states to publicize and enforce the
instruments of the inter-American system and the decisions of its
bodies on this matter, as well as the United Nations Declaration on
the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms.
5.
To invite the Inter-American Commission on Human Rights to
continue to pay due attention to the situation of human rights
defenders in the Americas and to consider, inter alia,
preparing a comprehensive study on the matter and to give due
consideration to this situation at the level it may judge appropriate.
6.
To continue the dialogue and cooperation with the United
Nations, in particular with the office of the Special Representative
of the UN Secretary-General to Report on the Situation of Human Rights
Defenders, through the Inter-American Commission on Human Rights and
the Permanent Council.
7.
To instruct the Permanent Council to follow up on this
resolution and to report on its implementation to the General Assembly
at its thirty-third regular session.
8.
To direct that the mandates in this resolution be executed in
accordance with the resources allocated in the program-budget and
other resources.
AG/RES.
1850 (XXXII-O/02)
OBSERVATIONS
AND RECOMMENDATIONS OF THE MEMBER STATES ON THE ANNUAL REPORT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
(Adopted
at the fourth plenary session held on June 4, 2002)
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/doc.3555/02) and the presentation of that report by
the President of the Court, Judge Antonio A. Cançado Trindade
(CP/CAJP-1921/02 corr. 1); and CONSIDERING:
That the Heads of State and Government, gathered at the Third
Summit of the Americas, in Quebec City, in April 2001, decided:
a. In the framework of the
Declaration of Quebec City: “Our commitment to full respect for human rights and
fundamental freedoms is based on shared principles and convictions.
We support strengthening and enhancing the effectiveness of the
inter-American human rights system, which includes the Inter-American
Commission on Human Rights and the Inter-American Court of Human
Rights. We mandate the
XXXI General Assembly of the OAS to consider an adequate increase in
resources for the activities of the Commission and the Court in order
to improve human rights mechanisms and to promote the observance of
the recommendations of the Commission and compliance with the
judgments of the Court”; and
b. In the framework of the Plan of Action:
They will “continue promoting concrete measures to strengthen
and improve the inter-American human rights system, in particular the
functioning of the Inter-American Court of Human Rights and the
Inter-American Commission on Human Rights (IACHR), focusing on: the
universalization of the inter-American human rights system, increasing
adherence to its founding instruments, complying with the decisions of
the Inter-American Court and following up on the recommendations of
the Commission, facilitating the access of persons to this protection
mechanism and substantially increasing resources to maintain ongoing
operations, including the encouragement of voluntary contributions,
examining the possibility that the Court and the IACHR will function
permanently, and entrust the XXXI General Assembly of the OAS, which
will take place in San Jose, Costa Rica, in June of this year, to
initiate actions to meet the above-mentioned goals”;
That on June 1, 2001, the new Rules of Procedure of the Court
entered into force, marking a major step forward in strengthening and
improving the inter-American system;
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; and
That
Article 65 of the American Convention on Human Rights establishes that
“to each regular session of the General Assembly ... the Court shall
submit, for the Assembly’s consideration, a report on its work
during the previous year. It
shall specify, in particular, the cases in which a state has not
complied with its judgments, making any pertinent recommendations,”
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 reiterate that the judgments of the Court are final and may
not be appealed and that the States Parties to the Convention
undertake to comply with the judgments of the Court in all cases to
which they are party.
3.
To instruct the Permanent Council to submit to the General
Assembly at its thirty-third regular session a proposed budget for
2004 that includes an effective and adequate increase in the economic
resources allocated to the Court in light of the needs and goals set
out in the document presented by the President of the Inter-American
Court of Human Rights (CP/CAJP-1921/02 corr. 1).
4.
To urge the OAS member states to consider, as early as
possible, the signature and ratification of, ratification of, or
accession to, as the case may be, the American Convention on Human
Rights and other instruments of the system, including acceptance of
the binding jurisdiction of the Inter-American Court of Human Rights.
5.
To thank the Inter-American Court of Human Rights for its work
during the period covered by this report.
AG/RES.
1851 (XXXII-O/02)
AMERICAN
DECLARATION ON THE RIGHTS
(Adopted
at the fourth plenary session held on June 4, 2002)
THE GENERAL ASSEMBLY,
RECALLING
its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97),
AG/RES. 1549 (XXIX-O/99), AG/RES. 1708 (XXX-O/00), and AG/RES. 1780
(XXXI-O/01);
BEARING
IN MIND that the heads of state and government of the Hemisphere, in
the Declaration of Quebec City, supported efforts towards early and
successful conclusion of negotiations on the Draft American
Declaration on the Rights of Indigenous Peoples (hereinafter the “Draft
Declaration”) and, in the Plan of Action of Quebec, agreed to
advance negotiations within the OAS on the Draft American Declaration
on the Rights of Indigenous Peoples with a view toward its earliest
possible conclusion and adoption;
CONSIDERING
the commitments assumed in this area by the Presidents of the Andean
Community member countries in the Machu Picchu Declaration on
Democracy, the Rights of Indigenous Peoples and the War against
Poverty;
REAFFIRMING
the importance and priority attached to the indigenous issue and the
discussions on the Draft American Declaration on the Rights of
Indigenous Peoples under way at the Organization;
RECOGNIZING
the progress made on indigenous matters in the inter-American system,
including those of various states that have incorporated the
multiethnic, multicultural, and multilingual nature of their societies
into their constitutional and legislative systems;
CONVINCED
of the need to continue supporting efforts to reach a prompt and
successful conclusion to negotiations on the aforementioned Draft
Declaration;
RECOGNIZING
that participation by representatives of indigenous peoples and their
valuable contributions on the topics addressed in the Draft
Declaration are important to this process;
NOTING
the appointment ad honorem of a special adviser to the
Secretary General to support the efforts of the Working Group to
Prepare the Draft American Declaration on the Rights of Indigenous
Peoples; and
HAVING
SEEN the report of the Chair of the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples
(GT/DADIN/doc.XX/02),
RESOLVES:
1.
To reaffirm as a priority of
the Organization of American States the adoption of the American
Declaration on the Rights of Indigenous Peoples, emphasizing the
importance of participation by indigenous peoples in the process of
elaborating the Draft Declaration.
2.
To commend the progress made
at the special meeting of the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples, held at OAS
headquarters from March 11 to 15, 2002, in that it strengthened the
process of open and transparent dialogue among the OAS member states
and representatives of indigenous peoples.
3.
To renew the mandate of the
Working Group to continue its consideration of the Draft American
Declaration on the Rights of Indigenous Peoples.
4.
To recognize the importance
of establishment, by the Permanent Council, of the Specific Fund to
Support the Elaboration of the American Declaration on the Rights of
Indigenous Peoples, with ample indigenous representation, and having
as its main objective that of facilitating participation by
representatives of indigenous peoples in the process of elaborating
the Draft Declaration.
5. To instruct the Permanent
Council:
a. To adopt measures to
strengthen the process of ongoing dialogue with representatives of
indigenous peoples to achieve prompt and successful conclusion of
negotiations on the Draft American Declaration on the Rights of
Indigenous Peoples;
b. To convene at least one
special meeting of the Working Group, to be held no later than March
31, 2003, for continued consideration of the Draft Declaration, with
participation by representatives of indigenous peoples;
c. To hold other meetings of the
Working Group on specific topics relating to the Draft Declaration, in
which experts and representatives of indigenous peoples will
participate, and which will promote better understanding of essential
aspects of the Draft Declaration;
d. To promote exchanges of
information among member states on processes of national consultation
with indigenous peoples; and
e. To promote integration, and
coordination of activities relating to indigenous issues within the
Organization.
6. To encourage governments to
consider:
a. Establishing mechanisms for
national consultation with representatives of indigenous peoples, to
facilitate the process of elaborating the Draft Declaration;
b. Developing and strengthening
their ties with indigenous peoples in decision-making on matters that
concern them; and
c. Contributing to the Specific
Fund to Support the Elaboration of the American Declaration on the
Rights of Indigenous Peoples.
7. To request the Inter-American
Commission on Human Rights to strengthen the role of the Special
Rapporteur on Indigenous Peoples in preparing the Draft Declaration,
in accordance with resources available in the program-budget and other
resources; and to recognize the support the Inter-American Commission
on Human Rights has been lending to this process.
8. To request the Inter-American
Juridical Committee, the Inter-American Indian Institute, and other
international organizations and institutions to lend the necessary
support and advisory services to the Working Group in its efforts.
9. To instruct the Secretary
General to enhance coordination, awareness, and promotion relating to
activities on indigenous issues among the various bodies and
dependencies of the Organization and to promote the exchange of
information and coordination with multilateral organizations,
development banks, and specialized multilateral agencies of the
Hemisphere on these activities.
10. To invite the multilateral
organizations, development banks, and specialized multilateral
agencies of the Hemisphere to contribute, in their areas of
competence, to establishing a process of dialogue and consultation
with indigenous peoples and to facilitate the exchange of information
and coordination with other bodies of the inter-American system on
activities relating to indigenous peoples.
11. To request the Permanent
Council to present a report to the General Assembly at its
thirty-second regular session on the implementation of this
resolution.
AG/RES.
1853 (XXXII-O/02) IMPLEMENTATION
OF THE INTER-AMERICAN PROGRAM ON THE PROMOTION OF WOMEN’S HUMAN
RIGHTS AND GENDER EQUITY AND EQUALITY
(Adopted
at the fourth plenary session held on June 4, 2002)
THE GENERAL ASSEMBLY,
BEARING
IN MIND the mandates contained in resolution AG/RES. 1732 (XXX-O/00),
“Adoption and Implementation of the Inter-American Program on the
Promotion of Women’s Human Rights and Gender Equity and
Equality";
RECALLING
resolution AG/RES. 1777 (XXXI-O/01), “Implementation of the
Inter-American Program on the Promotion of Women’s Human Rights and
Gender Equity and Equality,” whereby the General Assembly received
the first report of the Secretary General on implementation of the
Program;
RECALLING
ALSO resolution AG/RES. 1741 (XXX-O/00), “Integrating a Gender
Perspective in the Summits of the Americas,” which recommended that
the Meetings of Ministers or of the Highest-Ranking Authorities
Responsible for the Advancement of Women in the Member States be held
every four years, and that they take the Inter-American Program into
account and contribute to the preparatory and follow-up activities of
the Summits of the Americas;
CONSIDERING
that the Inter-American Program on the Promotion of Women’s Human
Rights and Gender Equity and Equality has as objectives the
integration of a gender perspective as a decisive strategy for
implementing the Program and achievement of the ultimate goal, namely,
the promotion and protection of women’s human rights and gender
equity and equality;
REAFFIRMING
the commitment undertaken at the highest level in the Plan of Action
of the Third Summit of the Americas, section 15 of which expresses
support for this Program;
EMPHASIZING
that the adoption of the Inter-American Program reaffirmed the states’
commitment to combat all forms of discrimination and to promote equal
rights and opportunity for women and men, with a gender perspective,
which will require the ongoing participation of the OAS and, in
particular, of the CIM, as the principal forum for generating
hemispheric policy on gender equity and equality, as well as
cooperation between the OAS and the different regional and subregional
agencies and entities;
WELCOMING the establishment of the ad hoc inter-Institutional
Forum on Gender Equality,
RESOLVES:
1.
To receive with satisfaction the second report on the
implementation and promotion of the Inter-American Program on the
Promotion of Women’s Human Rights and Gender Equity and Equality, in
fulfillment of resolution AG/RES. 1732 (XXX-O/00)].
2.
To reaffirm the governments’ commitment to integrate a gender
perspective into their national programs and policies.
3.
To welcome the support received from the Secretary General and
urge him to continue his efforts to implement the objectives of the
Inter-American Program and promote the integration of a gender
perspective into the Organization’s activities, policies, programs,
projects, and agendas.
4.
To instruct the Secretary General and the Permanent Council:
a. To continue allocating to the Inter-American Commission of
Women, in the program-budget for 2003, the human and financial
resources it needs to act as an organ for follow-up, coordination, and
evaluation of the Inter-American Program and of actions taken to
implement that Program, bearing in mind the other priorities of the
Organization; and
b. In the 2003 budget, under Subprogram 10W OAS Conferences to
assign the funds needed to hold meetings to follow up on the Program,
including of the ad hoc inter-Institutional Forum on Gender Equality;
c. To take into account, in the budget to be approved in 2004, the
second Meeting of Ministers or of the Highest-Ranking Authorities
Responsible for the Advancement of Women in the Member States, which
should be convened in April 2004.
5.
To request the Secretary General to instruct the OAS organs,
agencies, and entities, through the appropriate channels, to include
in their reports to the General Assembly a detailed account of the
measures taken to implement the Inter-American Program and to
mainstream the gender perspective into the programs, projects, and
activities carried out.
6.
To request the Secretary General to report to the thirty-third
regular session of the General Assembly on the implementation of this
program by the organs and agencies of the inter-American system. AG/RES. 1890 (XXXII-O/02)
EVALUATION
OF THE WORKINGS OF THE INTER-AMERICAN SYSTEM FOR
THE PROTECTION AND PROMOTION OF HUMAN RIGHTS WITH A VIEW TO
ITS IMPROVEMENT AND STRENGTHENING
(Adopted
at the fourth plenary session held on June 4, 2002)
THE
GENERAL ASSEMBLY,
HAVING
SEEN:
The
report of the Permanent Council as relates to the evaluation and
strengthening of the inter-American system for the protection and
promotion of human rights, presented in keeping with resolution
AG/RES. 1828 (XXXI-O/01) (CP/doc.
/02); and
The
proposals and comments of the governments; the President of the
Inter-American Court of Human Rights (CP/doc.3555/02)
(CP/CAJP-1932/02); the President of the Inter-American Commission on
Human Rights (CP/doc.3579/02) (CP/CAJP-1948/02); and representatives
of nongovernmental human rights organizations (CP/CAJP-1890/02);
BEARING
IN MIND:
That
the member states of the Organization of American States have
proclaimed, in Article 3 of the OAS Charter, the principle of respect
for the fundamental rights of the individual, without distinction as
to race, nationality, creed, or sex; and
That
the member states of the Organization of American States, in Article 8
of the Inter-American Democratic Charter, reaffirmed their intention
to strengthen the inter-American system for the protection of human
rights in order to consolidate democracy in the Hemisphere;
TAKING
INTO ACCOUNT that progress has been made in the implementation of the
norms reflected in the American Declaration of the Rights and Duties
of Man, and the implementation of the American Convention on Human
Rights and other inter-American instruments, which has strengthened
the inter-American system for the promotion and protection of human
rights in the Hemisphere;
CONSIDERING:
That
the member states, in addition to guaranteeing respect for the human
rights of persons under their jurisdiction, should ensure the defense
of the inter-American human rights system as a whole and promote its
strengthening;
That
the Heads of State and Government, meeting at the Third Summit of the
Americas, stated in the Declaration of Quebec City that their
commitment to full respect for human rights and fundamental freedoms
was based on shared principles and convictions and that they supported
strengthening and enhancing the effectiveness of the inter American
human rights system, which includes the Inter-American Commission on
Human Rights and the Inter-American Court of Human Rights, and
mandated the General Assembly of the OAS to consider an adequate
increase in resources for the activities of the Commission and the
Court, in order to improve human rights mechanisms and promote
observance of the recommendations of the Commission and compliance
with the judgments of the Court;
That
the Heads of State and Government, in the Plan of Action of the Third
Summit of the Americas, decided to continue promoting concrete
measures to strengthen and improve the inter-American human rights
system, in particular the functioning of the Inter-American Court of
Human Rights and the Inter-American Commission on Human Rights,
focusing on: the
universalization of the inter-American system, increasing adherence to
its founding instruments, complying with the decisions of the
Inter-American Court, and following up on the recommendations of the
Commission, facilitating the access of persons to this protection
mechanism and substantially increasing resources to maintain ongoing
operations, including the encouragement of voluntary contributions,
and examining the possibility that the Court and the IACHR might
function on an ongoing basis;
That
the Heads of State and Government instructed the General Assembly of
the Organization of American States, at its thirty-first regular
session, to initiate action to meet the objectives mentioned above;
That,
in order for those commitments and objectives established by the heads
of state and government to be fulfilled, the General Assembly must
consider these questions on an ongoing basis;
That
the Permanent Council has continued its consideration of in-depth
studies and measures to strengthen the human rights system and enable
it to meet future challenges and, to that end, has sought to enhance
dialogue among the member states, the bodies of the inter-American
system, and other parties involved, with a view to building consensus
on the present status of the system and on the obstacles and
deficiencies that need to be overcome, so as to guarantee the exercise
and protection of human rights in the Hemisphere;
That,
to that end, it is essential that all member states consider signing,
ratifying, or acceding to, as appropriate, the American Convention on
Human Rights; the Additional Protocol to the American Convention on
Human Rights in the Area of Economic, Social, and Cultural Rights; the
Additional Protocol to the American Convention to Abolish the Death
Penalty; the Inter-American Convention to Prevent and Punish Torture;
the Inter-American Convention on Forced Disappearance of Persons; the
Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence against Women; and the Inter-American
Convention on the Elimination of All Forms of Discrimination against
Persons with Disabilities;
That
the denunciation of inter-American legal instruments on human rights
may affect the regional system as a whole; and
That,
in order to strengthen the exercise and protection of human rights in
the Hemisphere, it is also essential that the member state governments
focus their efforts on appropriate implementation, at the national
level, of the obligations under those instruments and under other
inter-American and international instruments;
NOTING:
In that area, the Report of the Meeting of Experts on Support
for Inter-American Human Rights Instruments (REIIDH/doc.18/02 rev. 1),
held at OAS headquarters on March 7 and 8, 2002, pursuant to the
mandate issued in resolution AG/RES. 1829 (XXXI-O/01), to study
possibilities and actions to be taken to achieve universalization of
the inter-American human rights system and its implementation; and
That some member states made a valuable contribution to
universalization of the inter-American instruments by ratifying
various inter-American human rights treaties, thus strengthening the
inter-American system;
NOTING
ALSO the document Joint Appeal by the Inter-American Court of Human
Rights and the Inter-American Commission on Human Rights to the
Representatives of the States at the Organization of American States
(CP/CAJP-1930/02); and
RECOGNIZING
the participation and contributions of nongovernmental organizations
in the dialogue on strengthening the inter-American system, with
special attention to the meeting of the Committee on Juridical and
Political Affairs on March 5, 2002, at which representatives of those
organizations presented their positions on six aspects they considered
crucial to strengthening the system, in particular, the protection of
human rights in the region in general (CP/CAJP-1890/02),
RESOLVES: |
