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ANNUAL REPORT OF THE IACHR 2006
AG/RES. 2230
(XXXVI-O/06)
PROGRAM OF ACTION
FOR THE DECADE OF THE AMERICAS
FOR THE RIGHTS AND
DIGNITY OF PERSONS WITH DISABILITIES (2006-2016)
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1249 (XXIII-O/93) and AG/RES. 1356 (XXV-O/95),
“Situation of Persons with Disabilities in the American Hemisphere”; and
AG/RES. 1369 (XXVI-O/96), “Panama Commitment to Persons with
Disabilities in the American Hemisphere”;
TAKING INTO ACCOUNT that, in the Plan of Action of the Fourth Summit of
the Americas (Mar del Plata, Argentina, November 5, 2005), the Heads of
State and Government instructed the Organization of American States
(OAS) to “consider at the next OAS period of regular sessions of the
General Assembly to be held in the Dominican Republic, a Declaration on
the Decade of the Americas for Persons with Disabilities (2006-2016),
together with a program of action”;
REITERATING the continuing need to promote the right of
persons with disabilities to participate fully in the social life and
the development of their societies and to enjoy living conditions on an
equal basis with others, as well as the improvement of living conditions
as a result of social and economic development, with respect for their
special needs;
RECOGNIZING that our region has produced regional instruments and
policies, such as the Inter-American Convention on the Elimination of
All Forms of Discrimination against Persons with Disabilities and the
Declaration of the Ibero-American Year of Persons with Disabilities,
which need to be promoted and implemented through a region-wide program
of action, which will also help to fight inequality in the region;
RECALLING
other important international instruments, such as the Declaration on
the Rights of Mentally Retarded Persons (United Nations General Assembly
resolution 2856 (XXVI), December 20, 1971); the United Nations
Declaration on the Rights of Disabled Persons (United Nations General
Assembly resolution 3447 (XXX), December 9, 1975); the World Programme
of Action concerning Disabled Persons (United Nations General Assembly
resolution 37/52, December 3, 1982); the Vocational Rehabilitation and
Employment (Disabled Persons) Convention of the International Labour
Organization - ILO (Convention No. 159); Recommendation Nº 168 of the
ILO (1983); the Principles for the Protection of Persons with Mental
Illness and for the Improvement of Mental Health Care (United Nations
General Assembly resolution 46/119, December 17, 1991); and the Standard
Rules on the Equalization of Opportunities for Persons with Disabilities
(United Nations General Assembly resolution 48/96, December 20, 1993);
and recalling the ongoing work of the Ad Hoc
Committee on a Comprehensive and Integral International Convention on
the Protection and Promotion of the Rights and Dignity of Persons with
Disabilities (2001), all of which provide a working basis for
long-term efforts, in a framework of inclusive development and with a
focus on rights;
BEARING IN MIND the “Declaration on the Decade of the Americas for the
Rights and Dignity of Persons with Disabilities (2006-2016)” [AG/DEC. 50
(XXXVI-O/06)], adopted by the General Assembly at the present regular
session, which will provide a genuine, meaningful impetus to activities
related to equal opportunity for persons with disabilities, as well as
to the prevention of disabilities and the rehabilitation of persons with
disabilities at all levels; and
TAKING NOTE of the document entitled “Draft Program of
Action for the Decade of the Americas for Persons with Disabilities
(2006-2016),” presented by Peru (CP/CAJP-2362/06 corr. 1),
RESOLVES:
1. To request the Permanent Council to establish, in
the framework of the Committee on Juridical and Political Affairs, a
working group to prepare a Program of Action for the Decade of the
Americas for the Rights and Dignity of Persons with Disabilities
(2006-2016), taking into account the document entitled “Draft Program of
Action for the Decade of the Americas for Persons with Disabilities
(2006-2016),” presented by Peru (CP/CAJP-2362/06 corr. 1), as well as
the inputs received at the special meeting referred to in operative
paragraph 3 of this resolution. The final document will be submitted to
the General Assembly at its thirty-seventh regular session for adoption.
2. To thank Peru for its presentation of the
document entitled “Draft Program of Action for the Decade of the
Americas for Persons with Disabilities (2006-2016).”
3. To request the Working Group to hold a special meeting during
the second half of 2006 to receive inputs on the Draft Program of Action
from the member states of the Organization of American States (OAS),
from the pertinent OAS organs, agencies, and entities, from other
regional and international bodies, and from civil society organizations,
including organizations of persons with disabilities and their families.
4. To request the General Secretariat to provide,
through the Office of International Law of the Department of
International Legal Affairs, the broadest possible support for the
Working Group’s activities.
5. To instruct the Permanent Council to follow up on this
resolution, which will be implemented within the resources allocated in
the program-budget of the Organization and other resources, and to
present a report on its implementation to the General Assembly at its
thirty-seventh regular session.
AG/RES. 2231
(XXXVI-O/06)
PERSONS WHO HAVE
DISAPPEARED AND ASSISTANCE
TO MEMBERS OF THEIR FAMILIES
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1904 (XXXII-O/02), AG/RES.
1944 (XXXIII-O/03), AG/RES. 2052 (XXXIV-O/04), AG/RES. 2127 (XXXV-O/05),
and AG/RES. 2134 (XXXV-O/05);
TAKING
INTO ACCOUNT that the problem of missing persons and assistance to
members of their families is addressed in both international
humanitarian law and international human rights law within their
respective spheres of application, their legal frameworks being distinct;
DEEPLY
CONCERNED over the suffering caused both by the disappearance of persons
as a result of armed conflict or other situations of armed violence and
by forced disappearances;
RECOGNIZING the need to alleviate the anxiety and uncertainty suffered
by the relatives of persons who are presumed to have disappeared;
MINDFUL
of the need to prevent the disappearance of persons, to ascertain the
fate of those who have disappeared, and to respond to the needs of
members of their families, both in situations of armed conflict or other
situations of armed violence and in cases of forced disappearances;
BEARING
IN MIND resolution 59/189, “Missing Persons,” adopted by the United
Nations General Assembly on December 20, 2004; resolution 2005/66,
“Right to the Truth,” adopted by the United Nations Commission on Human
Rights on April 20, 2005; resolution 2005/26, “Human Rights and Forensic
Science,” adopted by the United Nations Commission on Human Rights on
April 19, 2005; and the Basic Principles and Guidelines on the Right to
a Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian
Law, adopted by the United Nations General Assembly on December 16,
2005;
RECALLING
the Declaration and Agenda for Humanitarian Action adopted by resolution
1 of the 28th International Conference of the Red Cross and Red Crescent,
held in Geneva, Switzerland, from December 2 to 6, 2003, which address
the question of persons missing as a result of an armed conflict or
other situations of armed violence;
RECALLING
ALSO the Inter-American Convention on Forced Disappearance of Persons,
adopted on June 9, 1994;
CONVINCED
that compliance with international humanitarian law by all parties
involved in an armed conflict would, in large measure, prevent
disappearances, and also convinced that the member states are duty-bound
to observe and protect human rights in order to prevent forced
disappearances; and
CONVINCED
ALSO of the need to continue to apply or to develop effective national
mechanisms for preventing, and applying sanctions for, the disappearance
of persons and for searching for and locating missing persons,
RESOLVES:
1.
To
urge all parties involved in armed conflict or other situations of armed
violence to prevent the disappearance of persons, in accordance with the
provisions of international humanitarian law, as applicable; and
likewise to urge member states to observe and protect human rights, in
order to prevent forced disappearances.
2.
To
encourage member states to continue moving forward in preventing the
forced disappearance of persons by considering, where appropriate, the
adoption of laws, regulations, and/or instructions requiring the
establishment of official registries in which records will be kept of
all detained persons, among other reasons to allow, as appropriate,
family members, other interested persons, judicial authorities, and/or
bodies that have a recognized mandate to protect detainees to learn,
within a short period of time, of any detention that has taken place,
all of the foregoing without interfering with appropriate communications
between detainees and their families.
3.
To
urge member states to shed light on the fate of persons who have
disappeared, to establish registry systems to collect and centralize
information on persons presumed to have disappeared, to take appropriate
measures to guarantee an impartial investigation by the competent
authorities, and to involve the families of presumed disappearance
victims in the efforts to clarify what has happened to them.
4.
To
encourage member states to address as fully as possible the
psychological, social, legal, and material needs of the families of
presumed victims of disappearances through measures including, where
appropriate, provision of periodic information to relatives on the
efforts to cast light on the fate of the disappeared and on their
whereabouts.
5.
To
encourage member states to consider enacting, as applicable, domestic
laws that recognize the situation of the families of disappearance
victims, taking into account the specific needs and particular interests
of women heads of household and children, including the consequences of
disappearances on property management, child custody, parental rights,
and marital status, as well as devising adequate compensation programs.
6.
To
urge member states to treat human remains appropriately, in compliance
with the legal standards and professional ethics applicable to their
handling and exhumation, in order to successfully identify them and
issue death certificates.
7.
To
urge member states to punish those guilty of violating the provisions of
international human rights law and international humanitarian law
applicable to the disappearance of persons and, in particular, to forced
disappearances.
8.
To
urge member states to guarantee adequate protection of the personal data
gathered in connection with disappeared persons, in accordance with the
law.
9.
To
urge member states to cooperate among themselves in addressing the
problem of the disappearance of persons.
10.
To
encourage member states to request support in addressing this problem
from international and civil society organizations.
11.
To
invite member states to continue their cooperation with the
International Committee of the Red Cross, a recognized humanitarian
institution, in its various areas of responsibility and to facilitate
its work.
12.
To
urge those member states that have not yet done so to consider signing
and ratifying, ratifying, or acceding to, as the case may be, the Inter-American
Convention on Forced Disappearance of Persons.
13.
To
instruct the Permanent Council to follow up on this resolution.
AG/RES. 2232
(XXXVI-O/06)
PROTECTION OF ASYLUM
SEEKERS, REFUGEES, AND RETURNEES IN THE AMERICAS
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
RECALLING its resolution AG/RES. 2047 (XXXIV-O/04),
“Protection of Asylum Seekers, Refugees, Returnees, and Stateless
Persons in the Americas”; and its resolutions AG/RES. 1762 (XXX-O/00),
AG/RES. 1832 (XXXI-O/01), AG/RES. 1892 (XXXII-O/02), and AG/RES. 1971 (XXXIII-O/03);
WELCOMING the fact that 28 member states of the Organization
of American States (OAS) have acceded to the 1951 Convention Relating to
the Status of Refugees and 30 to its 1967 Protocol, and that Bolivia, El
Salvador, and Venezuela have adopted new domestic legal provisions for
the protection of refugees, while Argentina, Mexico, Nicaragua, and
Uruguay are in the process of adopting new domestic legislation on
refugees;
RECOGNIZING the commitment assumed by OAS member states to
continue extending protection to asylum seekers, refugees, and
returnees, on the basis of the 1951 Convention Relating to the Status of
Refugees and its 1967 Protocol, and to seek lasting solutions to their
situation;
RECOGNIZING ALSO that efforts to provide protection and assistance and
find lasting solutions for refugees in the region are inspired by
humanitarian principles, are consistent with international refugee law,
and are guided by the spirit of international solidarity and
responsibility-sharing, as appropriate, with the support of
international cooperation;
RECOGNIZING FURTHER the efforts that countries of origin
have been making, with support from the international community, to deal
with the circumstances that generate waves of persons seeking asylum,
and the importance of persisting in those efforts;
EMPHASIZING the efforts made by some receiving countries of
the region, faithful to their generous tradition of asylum even under
difficult socioeconomic conditions, to continue extending protection to
asylum seekers and refugees;
UNDERSCORING the presentation made by the Office of the
United Nations High Commissioner for Refugees (UNHCR) to the Committee
on Juridical and Political Affairs on February 17, 2005, entitled
“International Protection of Refugees in the Americas: Recent
Developments,” on the complexity and the dimensions of forced
displacement in the Americas, which primarily affects refugees and
internally displaced persons in Latin America and the Caribbean;
UNDERSCORING ALSO the importance of the consultative process
carried out by the UNHCR, cosponsored by the Inter-American Commission
on Human Rights (IACHR), the Inter-American Court of Human Rights, the
Inter-American Institute of Human Rights (IIHR), and the Norwegian
Refugee Council, on the commemoration of the 20th anniversary
of the 1984 Cartagena Declaration on Refugees, which enabled the
governments of Latin America, international organizations, regional
experts, and civil society representatives to examine and discuss
current challenges and opportunities for strengthening the international
protection of asylum seekers, refugees, and returnees in the region;
WELCOMING the adoption by 20 Latin American states, on
November 16, 2004, in Mexico City, of the Mexico Declaration and Plan of
Action to Strengthen the International Protection of Refugees in Latin
America, whose Plan of Action puts forward specific measures for
strengthening the protection of refugees and achieving lasting solutions
in Latin America;
WELCOMING ALSO the initiatives taken in accordance with that
Plan of Action by Argentina and Brazil to establish a regional
solidarity resettlement program; and
RECOGNIZING the responsibility of states to provide
international protection to refugees, as well as the need for
international technical and financial cooperation to find durable
solutions within the framework of a commitment to consolidate the rule
of law in Latin American countries, universal respect for human rights,
and the principles of international solidarity and responsibility-sharing,
RESOLVES:
1. To reaffirm its support for, and emphasize the
relevance and fundamental importance of, the 1951 Convention Relating to
the Status of Refugees and/or its 1967 Protocol, as the principal
universal instruments for the protection of refugees; and to urge the
member states that are parties thereto to continue to implement fully
and effectively all of their obligations in that regard.
2. To urge those states parties that have not yet
done so to consider, as the case may be, signing, ratifying, or acceding
to the aforementioned instruments, in addition to promoting the adoption
of procedures and institutional mechanisms for their effective
application, in accordance with those instruments.
3. To support the Mexico Declaration and Plan of Action to
Strengthen the International Protection of Refugees in Latin America;
and to continue implementing it fully and effectively, with support, as
appropriate, from the international community and from the Office of the
United Nations High Commissioner for Refugees (UNHCR).
4. To urge member states and the international
community to support and collaborate in the establishment and
consolidation of the Regional Solidarity Resettlement Program, proposed
in the Mexico Plan of Action, which constitutes an innovative regional
solution based on the principles of international solidarity,
responsibility-sharing, and international cooperation.
5. To call on member states and the international
community to increase technical and economic cooperation to the
countries of the Hemisphere that receive refugees and that so require,
and to work in cooperation with the UNHCR to provide effective
protection to asylum seekers and refugees in the region.
6. To urge member states to continue to apply
protection measures that are consistent with international principles of
refugee protection, including, inter alia, non-refoulement,
family unity, and confidentiality in cases of asylum.
7. To recognize the efforts and the progress that
the countries of origin have been making; and to urge them, to the
extent of their ability and with support from the UNHCR and the
international community, to continue making efforts to deal with the
circumstances that generate waves of persons seeking asylum.
8. To recognize the efforts and the progress that
the countries of the region that receive refugees have been making in
implementing protective mechanisms, in accordance with international
refugee law and the international principles of refugee protection.
9. To underscore the importance of cooperation among
the organs of the inter-American system and the UNHCR, in an effort
to ensure that innovative regional approaches are taken regarding
refugee issues in the Americas.
AG/RES. 2233
(XXXVI-O/06)
STUDY OF THE RIGHTS
AND THE CARE OF PERSONS UNDER
ANY FORM OF DETENTION OR IMPRISONMENT
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
HAVING
SEEN the chapter on this topic in the Annual Report of the Permanent
Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1), as well
as its resolutions AG/RES. 1897 (XXXII-O/02), AG/RES. 1927 (XXXIII-O/03),
AG/RES. 2037 (XXXIV-O/04), and AG/RES. 2125 (XXXV-O/05);
TAKING
INTO ACCOUNT:
That in
the inter-American system the member states of the Organization of
American States (OAS) undertake to respect and protect the human rights
of persons who have been deprived of freedom, including all applicable
rights established in the American Declaration of the Rights and Duties
of Man and those established in all other human rights instruments to
which they are party;
That
consultations with the member states on this subject have continued
within the Committee on Juridical and Political Affairs and that a
number of them have replied to the questionnaire prepared for that
purpose (CP/CAJP-1853/01 rev. 1);
The
conclusions and recommendations of the Fifth Meeting of Ministers of
Justice or of Ministers or Attorneys General of the Americas (REMJA-V),
contained in its Final Report (REMJA-V/doc.9/04), and, in particular,
the recommendation that the states promote “modernization of prison
infrastructure and extend the functions of rehabilitation and social
integration of the individual, by improving conditions of detention and
studying new penitentiary standards”;
The
Conclusions and Recommendations of the Sixth Meeting of Ministers of
Justice or of Ministers or Attorneys General of the Americas (REMJA-VI),
including those on a possible inter-American declaration on the rights,
duties, and care of persons under any form of detention or imprisonment
and those on the feasibility of preparing a hemispheric manual on
penitentiary rights, taking as a basis the United Nations Standard
Minimum Rules for the Treatment of Prisoners (REMJA-VI/doc.21/06 rev. 1,
paragraphs 4.d and b); and
The
recommendations of the First Meeting of Officials Responsible for
Penitentiary and Prison Policies of the OAS Member States (GAPECA/doc.04/03),
held in Washington, D.C., on October 16 and 17, 2003;
NOTING
WITH SATISFACTION the presentation by the Special Rapporteur on the
Rights of Persons Deprived of Freedom in the Americas of the Inter-American
Commission on Human Rights, regarding the activities that were carried
out by the Rapporteurship (CP/CAJP/INF.25/06); and
OBSERVING
WITH CONCERN the critical situation of violence and overcrowding in
places of deprivation of freedom in the Americas, and stressing the need
to take concrete measures to prevent this situation and to ensure the
exercise of the human rights of persons deprived of freedom,
RESOLVES:
1.
To
urge member states to comply, under all circumstances, with all
applicable international obligations to respect the human rights of
persons under any form of detention or imprisonment, including the
rights established in the American Declaration of the Rights and Duties
of Man and those established in all other human rights instruments to
which they are party.
2.
To
instruct the Permanent Council to continue studying the question of the
rights and the care of persons under any form of detention or
imprisonment, in cooperation with the competent organs and entities of
the inter-American system and taking into account the conclusions and
recommendations of the Sixth Meeting of Ministers of Justice or of
Ministers or Attorneys General of the Americas, contained in the Final
Report of that meeting (REMJA-VI/doc.24/06 rev. 1), including the report
of the First Meeting of Officials Responsible for Penitentiary and
Prison Policies of the OAS Member States (GAPECA/doc.04/03).
3. To request the Inter-American Commission on Human
Rights (IACHR) to continue reporting on the situation of persons under
any form of detention or imprisonment in the Hemisphere and, using as a
basis its work on the subject, to proceed with the compilation of the
regional and global standards for detention and imprisonment policies in
the member states, making reference to any problems and good practices
observed.
4. To congratulate and acknowledge those member
states that have invited the Special Rapporteur on the Rights of Persons
Deprived of Freedom in the Americas of the Inter-American Commission on
Human Rights to visit their countries, including their detention centers;
and to encourage all member states to facilitate such visits.
5. To call upon member states to consider allocating
more funds to the IACHR to enable it to support the effective
fulfillment of the mandate assigned to its Special Rapporteurship on the
Rights of Persons Deprived of Freedom in the Americas.
6. To reiterate to the Permanent Council that, on
the basis of the results of the discussions and studies conducted,
including the inputs of the IACHR, and the results of the Second Meeting
of Officials Responsible for Penitentiary and Prison Policies, to be
held pursuant to the REMJA-VI decision, it should consider the
possibility of drafting an inter-American declaration on the rights and
the care of persons under any form of detention or imprisonment, with a
view to strengthening existing international standards on these topics,
and the feasibility of preparing a hemispheric manual on penitentiary
rights, taking as a basis the United Nations Standard Minimum Rules for
the Treatment of Prisoners./
7. To request the Permanent Council to report to the General
Assembly at its thirty-seventh regular session on the implementation of
this resolution, which will be carried out within the resources
allocated in the program-budget of the Organization and other resources.
AG/RES. 2234
(XXXVI-O/06)
AMERICAN DECLARATION
ON THE RIGHTS OF INDIGENOUS PEOPLES[2]/
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
RECALLING
its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES.
1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00),
AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), AG/RES. 1919 (XXXIII-O/03),
AG/RES. 2029 (XXXIV-O/04), and AG/RES. 2073 (XXXV-O/05);
BEARING
IN MIND that, as early as 1989, in its resolution AG/RES. 1022 (XIX-O/89),
the General Assembly requested the Inter-American Commission on Human
Rights (IACHR) “to prepare a juridical instrument relative to the rights
of the Indian peoples,” and that, in 1999, by resolution AG/RES. 1610 (XXIX-O/99),
the General Assembly established a Working Group of the Permanent
Council to consider the “Proposed American Declaration on the Rights of
Indigenous Peoples,” presented by the IACHR (CP/doc.2878/97 corr. 1);
CONSIDERING the commitments undertaken by the Heads of State and
Government in the Declarations and Plans of Action of the most recent
Summits of the Americas, held in Quebec City, Nuevo León, and Mar del
Plata, in support of an early and successful conclusion of negotiations
on the Draft American Declaration on the Rights of Indigenous Peoples;
CLOSELY
OBSERVING the parallel process under way in the United Nations to draft
a declaration on the rights of indigenous peoples;
ACKNOWLEDGING the important contributions received by the Specific Fund
to Support the Preparation of the American Declaration on the Rights of
Indigenous Peoples and the efficient work of the Selection Board in the
selection process for representatives of the indigenous peoples to
receive financing from the Specific Fund;
NOTING
WITH SATISFACTION the holding of the sixth and seventh meetings of
negotiations in the quest for points of consensus of the Working Group
to Prepare the Draft American Declaration on the Rights of Indigenous
Peoples, among representatives of the member states and representatives
of the indigenous peoples, which made it possible to review Sections I
through VI of the Chair’s Consolidated Text of the draft Declaration,
while consideration of the preamble remained pending;
BEARING
IN MIND that the Working Group has begun to review the new working
document for the negotiations, according to the “Record of the Current
Status of the Draft American Declaration on the Rights of Indigenous
Peoples” (GT/DADIN/doc.260/06 rev. 1);
TAKING
INTO CONSIDERATION the offer by the Government of Bolivia to host one of
the upcoming meetings of negotiations in the quest for points of
consensus of the Working Group to Prepare the Draft American Declaration
on the Rights of Indigenous Peoples, to be held in La Paz in March 2007
(GT/DADIN/doc.264/06); and
HAVING
SEEN the Report of the Chair of the Working Group on activities carried
out during the 2005-2006 term (AG/doc.4548/06 add. 6 corr. 1, Appendix
I),
RESOLVES:
1.
To
reaffirm that the adoption of the American Declaration on the Rights of
Indigenous Peoples remains a priority for the Organization of American
States (OAS), emphasizing the importance of full and effective
participation by the indigenous peoples in preparing the Draft
Declaration.
2.
To
congratulate the Working Group to Prepare the Draft American Declaration
on the Rights of Indigenous Peoples on having completed the review of
Sections I through VI of the Chair’s Consolidated Text (GT/DADIN/doc.139/03);
and to urge it to make every effort to reach consensus on the pending
texts of the Draft Declaration.
3.
To
renew the mandate of the Working Group to continue holding its meetings
of negotiations in the quest for points of consensus, so as to complete
the drafting of the Declaration, on the basis of the “Record of the
Current Status of the Draft American Declaration on the Rights of
Indigenous Peoples” (GT/DADIN/doc.260/06 rev. 1), and emphasizing
consideration of the proposals of member state delegations and
indigenous peoples’ representatives recorded in documents GT/DADIN/doc.255/06
rev. 1 and GT/DADIN/doc.259/06.
4. To
request the Permanent Council to instruct the Working Group to:
a. Hold
up to three meetings of negotiations of up to five days each, between
July 2006 and April 2007, at least one of which shall be held at OAS
headquarters;
b. Continue
to take the appropriate measures to ensure continuing transparency of,
and effective participation by representatives of indigenous peoples in,
the negotiation meetings in the quest for points of consensus;
c. Emphasize
the need to reach compromise solutions that are attentive to the most
pressing concerns of the indigenous peoples and to the needs of all
member states, in the preparation of the Draft Declaration; and
d. Before
the next meeting of negotiations, adopt by consensus in the Working
Group a methodology based on document GT/DADIN/doc.246/06 rev. 2,
“Proposed Methodology for Promptly Concluding the Negotiations in the
Quest for Points of Consensus of the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples,” emphasizing
consideration of the proposals of member states and indigenous peoples.
5.
To
thank the Governments of Brazil, Canada, Guatemala, Nicaragua, and the
United States and the Government of Finland for their valuable
contributions to the Specific Fund to Support the Preparation of the
American Declaration on the Rights of Indigenous Peoples; and to invite
the other member states, permanent observers, and institutions to
promote the aims of the Specific Fund through their contributions.
6.
To
request the Secretary General to continue supporting the efforts of the
Working Group and to make the necessary overtures to multilateral
organizations, development banks and agencies, specialized multilateral
agencies, and other funding sources to obtain the resources needed by
the Specific Fund in order to fulfill its purpose.
7.
To
request the Selection Board of the Specific Fund to continue to work
according to the principles established in resolution CP/RES. 873
(1459/04), “Amendments to the Specific Fund to Support the Elaboration
of the American Declaration on the Rights of Indigenous Peoples,” so as
to ensure greater transparency, and to provide more information in its
report on the specific reasons for choosing each beneficiary.
8.
To
thank also the Governments of Guatemala and Brazil for the successful
organization of the sixth and seventh meetings of negotiations in the
quest for points of consensus of the Working Group to Prepare the Draft
American Declaration on the Rights of Indigenous Peoples.
9.
To
thank the Government of Bolivia for its country’s offer to host one of
the upcoming meetings of negotiations in the quest for points of
consensus; and to instruct the Permanent Council to consider convening
that meeting, in La Paz, Bolivia, in March 2007.
10.
To
congratulate those governments that have held consultations with their
indigenous peoples on the Draft Declaration; and to invite all member
states to continue such consultations.
11.
To
request the Inter-American Commission on Human Rights, its Special
Rapporteurship on the Rights of Indigenous Peoples, and the General
Secretariat of the Organization to continue to lend their valuable
support to the process of drafting the American Declaration on the
Rights of Indigenous Peoples; and to thank them for their ongoing
contributions to that process.
12.
To
request the Permanent Council to follow up on this resolution, which
will be implemented within the resources allocated in the program-budget
of the Organization and other resources, and to present a report on its
implementation to the General Assembly at its thirty-seventh regular
session.
AG/RES. 2237
(XXXVI-O/06)
RIGHT TO FREEDOM OF
THOUGHT AND EXPRESSION
AND THE IMPORTANCE OF THE MEDIA
(Approved
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General
Assembly (AG/doc.4548/06 add. 6 corr. 1);
TAKING
INTO ACCOUNT resolution AG/RES. 2149 (XXXV-O/05), “Right to Freedom of
Thought and Expression and the Importance of the Media”;
RECALLING
that the right to freedom of thought and expression, which includes the
freedom to seek, receive, and impart information and ideas of all kinds,
is recognized in Article IV of the American Declaration of the Rights
and Duties of Man, Article 13 of the American Convention on Human Rights,
the Inter-American Democratic Charter (including Article 4), the
Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, and other international instruments and
national constitutions, as well as United Nations General Assembly
resolution 59 (I) and resolution 104 of the General Conference of the
United Nations Educational, Scientific and Cultural Organization
(UNESCO);
RECALLING
ALSO that Article IV of the American Declaration of the Rights and
Duties of Man states that “[e]very person has the right to freedom of
investigation, of opinion, and of the expression and dissemination of
ideas, by any medium whatsoever”;
RECALLING
FURTHER that Article 13 of the American Convention on Human Rights
states that:
1. Everyone has the right to freedom of thought and expression.
This right includes freedom to seek, receive, and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing,
in print, in the form of art, or through any other medium of one’s
choice;
2. The exercise of the right provided for in the foregoing
paragraph shall not be subject to prior censorship but shall be subject
to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure:
a.
respect for the rights or reputations of others; or
b.
the protection of national security, public order, or public health or
morals.
3. The right of expression may not be restricted by indirect
methods or means, such as the abuse of government or private controls
over newsprint, radio broadcasting frequencies, or equipment used in the
dissemination of information, or by any other means tending to impede
the communication and circulation of ideas and opinions.
4. Notwithstanding the provisions of paragraph 2 above, public
entertainments may be subject by law to prior censorship for the sole
purpose of regulating access to them for the moral protection of
childhood and adolescence.
5. Any propaganda for war and any advocacy of national, racial,
or religious hatred that constitute incitements to lawless violence or
to any other similar action against any person or group of persons on
any grounds including those of race, color, religion, language, or
national origin shall be considered as offenses punishable by law;
RECALLING
AS WELL the relevant volumes of the Annual Reports of the Inter-American
Commission on Human Rights for 2004 and 2005, on freedom of expression;
TAKING
INTO ACCOUNT resolutions 2004/42 and 2005/38, “The Right to Freedom of
Opinion and Expression,” of the United Nations Commission on Human
Rights; and
RECALLING
the usefulness of the studies and contributions approved by UNESCO
regarding the contribution of the media to strengthening peace,
tolerance, and international understanding, to the promotion of human
rights, and to countering racism and incitement to war,
RESOLVES:
1. To reaffirm the right to freedom of expression and to call
upon member states to respect and ensure respect for this right, in
accordance with the international human rights instruments to which they
are party, such as the American Convention on Human Rights and the
International Covenant on Civil and Political Rights, inter alia.
2. To reaffirm that freedom of expression and dissemination of
ideas are fundamental for the exercise of democracy.
3.
To urge member states to safeguard, within the framework of the
international instruments to which they are party, respect for freedom
of expression in the media, including radio and television, and, in
particular, respect for the editorial independence and freedomof the media.
4. To urge those member states that have not yet done so to
consider signing and ratifying, ratifying, or acceding to, as the case
may be, the American Convention on Human Rights.
5. To reaffirm that the media are fundamental for democracy and
for the promotion of pluralism, tolerance, and freedom of thought and
expression, and to facilitate dialogue and debate, free and open to all
segments of society, without discrimination of any kind.
6. To urge member states to promote a pluralistic approach to
information and multiple points of view by fostering full exercise of
freedom of expression and thought, access to media, and diversity in the
ownership of media outlets and sources of information, through, inter
alia, transparent licensing systems and, as appropriate, effective
regulations to prevent the undue concentration of media ownership.
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