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CHAPTER
II ACTIVITES
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
In 1979, the Inter-American
Commission on Human Rights held three sessions: the forty-sixth,
forty-seventh and forty-eighth. These were held at the headquarters of
the Commission, at the General Secretariat of the Organization of
American States, Washington, D.C. Moreover, the Commission conducted an
on-site observation in the territory of the Republic of Argentina and
carried out other activities.
The Commission held its forty-sixth
session at its offices in Washington, D.C., from March 5 through 9,
1979.
The following members participated in
that session: Carlos A. Dunshee de Abranches (Chairman), Tom J. Farer
(Vice Chairman), Carlos García Bauer and Marco Gerardo Monroy Cabra.
Andrés Aguilar, Gabino Fraga and Fernando Volio Jiménez, members of
the Commission, were unable to attend for either personal or health
reasons.
At that session, the Commission
approved the report submitted to it by the Special Commission that
conducted an on-site observation in the Republic of Haiti in August of
1978.
At that same session the Commission
considered the observations made by the Government of El Salvador with
respect to the Commission’s report on the situation of human rights in
that country, which the Commission had approved at its previous session.
It also analyzed the situation of human rights in Cuba and decided to
continue to prepare a report on political prisoners in that country,
without this precluding subsequent preparation of another report to
include a more extensive study with respect to the observance of other
human rights.
Further, the Commission adopted a
number of decisions concerning the organization of the on-site
observation it would conduct in the Republic of Argentina in the course
of the year.
It also considered a preliminary
draft convention on the prevention and punishment of torture as an
international crime, which had been entrusted to the Inter-American
Juridical Committee in coordination with the Commission.
The Commission also considered the
communications received immediately prior to its work, in which 425 new
cases, involving a total of 643 victims from 16 countries, were
denounced. As for earlier denunciations, the Commission continued to
examine the cases and adopted a number of resolutions.
Finally, the Commission granted
hearings to individuals who requested them.
The Commission held its forty-seventh
session at its offices in Washington, D.C., from June 15 through 22,
1979.
The Secretary General of the
Organization of American States formally installed the Inter-American
Commission on Human Rights which, in accordance with the 1969 Pact of
San José, Costa Rica, had been elected by the General Assembly on May
22 of that year.
By a consensus of its members and in
view of the fact that the current session was the first that the
Commission organized in accordance with the Pact of San José was to
hold, the Commission felt that new officers for this organ should be
elected, who would hold office until the General Assembly adopted and
implemented the Commission’s new Statute.
Dr. Andrés Aguilar was unanimously
elected Chairman; Dr. Luis Demetrio Tinoco Castro was unanimously
elected Vice Chairman. Dr. Marco Gerardo Monroy Cabra and Dr. Francisco
Bertrand Galindo were elected principal and alternate members of the
Permanent Committee, respectively.
In addition to the members cited
above, Dr. Carlos A. Dunshee de Abranches and Tom J. Farer took part in
that session.
During that session, acting in
accordance with the American Convention on Human Rights and taking
Permanent Council Resolution 253, of September 20, 1978, into account,
the Commission adopted its Draft Statute, which was submitted to the
General Assembly for approval.
Moreover, the Commission prepared the
annual report it was to submit to the General Assembly for
consideration.
Furthermore, the Commission
considered the grave situation in Nicaragua with respect to human
rights, in the light of the numerous denunciations it had received. In
that regard, it sent a communication to the Eighteenth Meeting of
Consultation of Ministers of Foreign Affairs, which was meeting at that
time.
In accordance with its Statute and
Regulations, the Commission examined the situation of human rights in a
number of American states.
Finally, as it had been on previous
occasions, the Commission granted hearings to individuals or
representatives of institutions that requested such hearings.
C.
On-site Observation in the Republic of Argentina
Through a note dated December 18,
1978, the Government of Argentina invited the Commission to conduct an
on-site observation in that country. It was originally set for May of
1979. However, because of the changes that occurred within the
Commission as a consequence of the entry into force of the American
Convention on Human Rights, the visit had to be postponed. It finally
took place between September 6 and 20, 1979. At its forty-fifth session,
the Commission had decided to accept the invitation and at its
forty-seventh session, when the Government of Argentina renewed its
invitation, the Commission proposed to conduct that observation on the
dates mentioned above.
In accordance with the Regulations, a
Special Commission was appointed to conduct the on-site observation.
That Commission was composed of the following members: Dr. Andrés
Aguilar, Chairman; Dr. Luis Demetrio Tinoco Castro, Vice Chairman;
Professor Carlos A. Dunshee de Abranches; Professor Tom J. Farer; Dr.
Marco Gerardo Monroy Cabra and Dr. Francisco Bertrand Galindo.
During its stay in Argentina, the
Commission spoke with the President of the Republic, the members of the
Junta de Gobierno, the President of the Supreme Court of Justice, the
Ministers of the Interior, Foreign Affairs, Justice and Education, and
with other civil and military authorities, both national and provincial.
The Commission also had an
opportunity to meet with the former president of the Republic, the
President of the Argentine Episcopal Conference, and representatives of
various political, religious, cultural, humanitarian, mass
communications media, professional, scientific, business, union and
student institutions, all of which provided it with important testimony
with respect to the situation of human rights in Argentina.
The Commission also visited the
following penitentiaries: Caseros and Villa Devoto in Buenos Aires;
Units 1 and 8 in Olmos, Unit 9 in La Plata, and the jails at Córdoba,
Resistencia and Rawson, as well as the La Rivera military detention
center in Córdoba and the Magdalena Military Detention Center in the
province of Buenos Aires.
In Buenos Aires, Córdoba and Tucumán
the Commission received denunciations addressed to the Commission,
alleging violations of human rights. For its part the Government of
Argentina made an agreement with the Commission that it would not take
any form of reprisals against persons that submitted denunciations to
the Commission or against the agencies and institutions that provided it
with information or testimony. D.
Ninth Regular Session of the General Assembly of
the Organization of American States
At the ninth regular session of the
General Assembly of the Organization, held in La Paz, Bolivia, from
October 22 through 31, 1979, the Commission was represented by its
Chairman, Dr. Andrés Aguilar, Commission members Professors Tom J.
Farer and Carlos A. Dunshee de Abranches, and its Executive Secretary,
Dr. Edmundo Vargas Carreño.
The Chairman presented the Annual
Report of the Commission, which was topic 22 on the Agenda.
Moreover, the former Chairman of the
Commission, Professor Carlos A. Dunshee de Abranches, presented the
report on the situation of human rights in El Salvador.
Further, as part of the Annual Report
submitted to the General Assembly in accordance with the Charter of the
Organization, the Commission presented the reports on the situation of
human rights in Chile, Panama, Paraguay and Uruguay.
At its twelfth plenary session, held
on October 31, 1979, the General Assembly approved six resolutions
related to human rights, the texts of which are as follows: AG/RES.
443 ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN
RIGHTS
WHEREAS:
The annual report of the
Inter-American Commission on Human Rights (AG/doc.1101/79) concludes
that, while there have been positive developments in the observance of
human rights in the member states, there has been no appreciable
improvement in the situation described in the previous annual report;
Disappearances in certain countries
have had a particular effect on the welfare of children either born to
women after their “disappearance” or kidnapped with their
parents—a method of repression which the Commission finds to be cruel
and inhuman;
Torture in some countries appears to
be a common practice;
Detention of persons without trial
continues to be practiced often through the device of indefinite
maintenance of a state of siege;
Violations of human rights in the
hemisphere still constitute one of the most serious problems afflicting
the conscience of peoples and their governments;
Restrictions still exist in Chile on
the exercise of human rights;
According to the Commission’s
report, the number of denunciations about human rights in Uruguay has
diminished in quantitative terms, but very many of the conditions
described by the Commission still persist, and
The Government of Paraguay has not
complied with the recommendations made by the General Assembly at its
eighth regular session,
THE GENERAL ASSEMBLY
RESOLVES:
1. To
congratulate the Inter-American Commission on Human Rights for the work
it has done since the eighth session of the General Assembly, and to
note its annual report with great interest.
2. To
congratulate the Government of Panama for having taken the initiative in
inviting the Commission to visit the country, and for the cooperation it
provided during the visit, and to take note of the measures taken by the
Government of Panama to implement the recommendations contained in the
Commission’s special report.
3. To
declare that the practice of disappearance is an affront to the
conscience of the hemisphere, and is totally contrary to common
traditional values and to the declarations and agreements signed by the
American states, and to endorse the Commission’s recommendations for
prompt clarification of the status of persons who have disappeared under
circumstances described in the annual report.
4. To
endorse the United Nations Declaration on Torture, and to reiterate its
support for completion of an OAS Convention defining torture as an
international crime, pursuant to AG/RES. 368 (VIII-0/78).
5. To
urge the Government of Chile to step up adoption and implementation of
the measures necessary effectively to preserve and ensure the full
exercise of human rights in Chile, especially regarding clarification of
the situation of those detained persons who have disappeared, return of
exiles to their country, lifting of states of emergency, and prompt
reinstatement of the right to vote.
6. To
reiterate the need for the Government of Paraguay to respect human
rights, and to urge that government to demonstrate the willingness it
expressed in a note from the Ministry of Foreign Affairs dated July 2,
1979, to cooperate with the Inter-American Commission on Human Rights by
setting a date certain in the near future for its visit to that country,
as agreed with the Government of Paraguay in September 1977.
To request the Government of Paraguay
to lift the state of siege throughout the country, and to permit all
exiles to return.
7. To
reiterate its appeal to the Government of Uruguay for comprehensive
implementation of the measures recommended by the Commission in its
previous report, again to ask the Government of Uruguay to consider the
possibility of inviting the Commission to visit the country, and to take
note of the announcement by the Government of Uruguay that it is
planning to hold general elections in 1981, taking into account the
conclusions and observations set forth in the annual report of the
Inter-American Commission on Human Rights.
8. To
request the Commission to continue to monitor the exercise of human
rights in Chile, Paraguay and Uruguay, and to report thereon to the
tenth regular session of the General Assembly. AG/RES.
444
ANNUAL REPORT OF THE INTER-AMERICAN
COMMISSION ON HUMAN RIGHTS TO THE GENERAL ASSEMBLY: “RELIGIOUS
FREEDOM”
WHEREAS:
The annual report of the
Inter-American Commission on Human Rights (AG/doc.1101/79) refers to the
situation of the religious group known as Jehovah’s Witnesses,
THE GENERAL ASSEMBLY
RESOLVES:
1. To
appeal to the member states not to place any impediment in their
legislation on the exercise of the right to freedom of religion and of
worship, in accordance with the American Declaration of the Rights and
Duties of Man.
2. Concerning
Jehovah’s Witnesses and its associated agencies, to urge the
re-establishment of their right to freedom of religion and worship based
on the aforementioned Declaration. AG/RES.
445 PROMOTION
OF HUMAN RIGHTS
THE GENERAL ASSEMBLY,
REAFFIRMING its commitment to promote
observance of the American Declaration of the Rights and Duties of Man,
RESOLVES:
1. To
thank the individual members of the Inter-American Commission on Human
Rights for their dedication to the important objectives of this
Organization, and for the high level of objectivity and impartiality
they have maintained in carrying out the mandate of the Commission to
promote and defend human rights in this hemisphere. 2.
To reaffirm recommendations made in AG/RES. 371 (VIII-0/78) that
member states cooperate fully with the Commission, including giving
their consent for on-site observations by the Commission. 3.
To urge states where individuals have disappeared to refrain from
adopting or implementing laws that would have the effect of impeding
investigation of such disappearances. AG/RES.
446 REPORT
ON THE SITUATION OF HUMAN RIGHTS IN EL SALVADOR HAVING
SEEN the report of the Inter-American Commission on Human Rights on the
situation of human rights in El Salvador and its conclusions on the
responsibility of the previous government of El Salvador for the
systematic violation of those rights, and CONSIDERING: That
the protection and recognition of human rights is one of the high
purposes of the OAS, and that observance of them is a source of
solidarity among the member states as well as a guarantee of respect for
human life and the dignity of man; That
the Revolutionary Government, which has been ruling El Salvador since
October 15, 1979, has stated through its delegation to the Organization
that the regime referred to in the report was deposed, among other
reasons, for having violated the human rights of the Salvadorian people; That
the Salvadorian delegation has informed the American states during this
ninth regular session of the General Assembly that the basis and aim of
the program of the Revolutionary Government is to guarantee full
observance of human rights, and that it is therefore solemnly committed
to carrying out necessary political, economic and social reforms, and That
the primary function of the Inter-American Commission on Human Rights is
to promote the observance and defense of human rights in all the member
states, THE
GENERAL ASSEMBLY RESOLVES: 1.
To thank the Inter-American Commission on Human Rights, and to
commend it on its report on the situation of human rights in El
Salvador. 2.
To note with satisfaction the determination expressed by the new
government of El Salvador to promote and guarantee the effective
exercise of human rights in that member state. 3.
To express the hope that the government of El Salvador will
ensure that the measures it has adopted or has offered to adopt, as well
as the recommendations contained in the report of the Inter-American
Commission on Human Rights, are strictly complied with, so that human
rights can be fully exercised. 4.
To request the Inter-American Commission on Human Rights to
continue monitoring the situation of human rights in El Salvador, and to
include its conclusions in its report to the tenth regular session of
the General Assembly. AG/RES.
477 STATUTE
OF THE INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS THE
GENERAL ASSEMBLY, HAVING
SEEN: The
draft Statute (AG/doc.1093/79) prepared by the Inter-American Commission
on Human Rights in accordance with Article 39 of the American Convention
on Human Rights —Pact of San José— and approved by the Commission
at its 47th meeting, and the corresponding statement of
reasons (AG/doc.1093/79 add. 1), and The
draft Statute of the Inter-American Commission on Human Rights prepared
by the Working Group to study the draft Statutes of the Commission and
of the Inter-American Court of Human Rights (AG/Com.I/doc.22/79), and
submitted to this Assembly for consideration, and CONSIDERING: That
pursuant to Article 52 of the Charter, the General Assembly has the
power to determine the structure and functions of the organs of the
Organization, and CONSIDERING: That
pursuant to Article 52 of the Charter, the General Assembly has the
power to determine the structure and functions of the organs of the
Organization, and That
it is necessary to make a detailed study of the standards and procedures
on incompatibilities that should be incorporated into Article 8 of the
draft Statute of the Inter-American Commission on Human Rights prepared
by the abovementioned Working Group. RESOLVES: 1.
To approve the Statute of the Inter-American Commission on Human
Rights contained in this resolution. 2.
To instruct the Permanent Council to study, as soon as possible,
the standards and procedures on incompatibilities that should be
incorporated into Article 8 of the Statute approved by the General
Assembly, and to submit it to the tenth regular session of the Assembly
for appropriate decision. AG/RES.
448 STATUTE
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS THE
GENERAL ASSEMBLY, HAVING
SEEN: The
draft Statute of the Inter-American Court of Human Rights presented by
the Court, in accordance with Article 60 of the American Convention of
Human Rights, “Pact of San José,” which was approved by the Court
(AG/doc.1112/79), and The
draft Statute of the Inter-American Court of Human Rights prepared by
the Working Group responsible for studying the draft Statutes of the
Inter-American Commission on Human Rights and of the Inter-American
Court of Human Rights (AG/Com.I/doc.27/79 rev. 1), submitted to this
Assembly for consideration, and CONSIDERING: That
in accordance with Article 52 of the Charter, the General Assembly is
responsible for the structure and function of the organs of the
Organization, RESOLVES: To
approve the following STATUTE
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
The Commission’s forty-eighth
session was held in Washington, D.C., November 29 through December 14,
1979. On that occasion, the new members of the Commission were
appointed, thereby completing the membership, and all its members took
part: Mr. Andrés Aguilar, Chairman; Luis Demetrio Tinoco Castro, First
Vice Chairman; Marco Gerardo Monroy Cabra, Second Vice Chairman; Carlos
A. Dunshee de Abranches; Tom J. Farer; Francisco Bertrand Galindo, and César
Sepúlveda.
During that session, the Commission
approved the Report on the situation of human rights in the Republic of
Argentina, which was drawn up on the basis of the on-site observation
conducted in that country in September 1979 and other sources of
information available to the Commission. That report was sent to the
Government of Argentina so that it might formulate the observations it
deemed pertinent.
Moreover, the Commission adopted its
Sixth Report on the situation of political prisoners in Cuba. That
report was sent to the Government of Cuba so that the latter might
formulate the corresponding observations, if it felt such a measure was
in order.
During that same session, the
Commission approved its report on the situation of human rights in
Haiti, after receiving the observations made by the Government of that
country.
Further, the Commission concluded its
preparation of a draft Inter-American Convention that classified torture
as an international crime. That draft was referred to the Inter-American
Juridical Committee, the organ which, together with the Commission,
received a mandate from the General Assembly to prepare such a
convention.
It also continued its examination of
a number of cases being processed that involved a number of individuals
from several countries. It adopted the corresponding resolutions.
Between June 16 and November 15,
1979, the Commission opened 171 new cases. To that figure must be added
the 4,153 new denunciations the Commission received during its on-site
observation in Argentina.
The Commission discussed other
matters, which included fulfillment of its mandates from the General
Assembly of the OAS; the awarding of the Rómulo Gallegos scholarship
for graduate studies in human rights; its publications policy, and the
seminars on the promotion on human rights, which it would sponsor
jointly with other agencies during 1980.
As it had done on previous occasions,
the Commission granted hearings to the individuals and institutions that
requested them on time.
At the end of this session, the
Chairman of the Commission, Dr. Andrés Aguilar, resigned from his post
as Chairman in view of the programs and activities the Commission was to
carry out during 1980 and because of prior commitments. The Commission
thanked Dr. Aguilar for this admirable performance of his functions.
In accordance with Article 5 of the
Regulations, the Vice Chairman, Dr. Luis Demetrio Tinoco Castro, became
Chairman, and Professor Tom J. Farer was elected First Vice Chairman.
At this session, held in Washington,
D.C., March 27 through April 11, 1980, acting in accordance with the
provisions of the American Convention on Human Rights and after lengthy
discussion, the Commission drafted its Regulations. When doing so, it
took into consideration the preliminary drafts prepared by Professor
Abranches and by the Executive Secretariat.
At the same session, the Commission
received and analyzed the observations that the Government of Argentina
submitted on the Commission’s report on the situation of human rights
in that country, which had been prepared at the Commission’s previous
session. Taking those observations and the new evidence it had in its
possession into consideration, the Commission adopted its final Report
in that regard.
Further, the Commission made public
its Report on the Situation of Human Rights in Haiti.
The Commission, which was meeting at
the time, also decided to accept the invitation it received from the
Government of Colombia to conduct an on-site observation in that
country. In view of the urgency of the Colombian Government’s request
for the Commission’s presence, the latter decided to conduct its visit
as soon as possible.
It also decided to prepare reports on
the situation of human rights in the republics of Nicaragua and
Guatemala, whose governments had invited it to conduct on-site
observations in those countries. The visit to Nicaragua will begin on
October 6 of this year. As of the date of this report, the Government of
Guatemala has not yet set the date for the Commission’s visit to that
country.
G.
On-site Observation in Colombia
The Commission conducted an on-site
observation in Colombia from April 21 through 27, 1980. The Minister of
Foreign Affairs, Dr. Diego Uribe Vargas, sent the corresponding
invitation “in order to examine the general situation of human rights,
and to be present at the public part of oral proceedings of the court
martial now being conducted, in accordance with the Constitution and the
Laws of the Republic, and to apprise itself of how the trials are
conducted.” In the note, the Minister of Foreign Affairs of Colombia
adds that the “Government wants the Inter-American Commission on Human
Rights to acquaint itself with the investigations being conducted into
alleged abuses of authority with respect to human rights.” The
Commission accepted that invitation in a note dated April 2, 1980.
During its stay in Colombian
territory, the Commission interviewed representatives and figures from
the various sectors of Colombian society, such as authorities, former
presidents of the Republic, religious figures, human rights agencies,
professional associations, trade and labor union organizations,
representatives of private business and the mass communications media.
Further, the Commission visited detention centers and military centers
in a number of places throughout the country and, in accordance with the
corresponding rules and regulations, received denunciations concerning
alleged violations of human rights.
Furthermore, during the on-site
observation and subsequent thereto, the Commission noted how the
above-mentioned court martial were proceeding. On the occasion of its
visit to Colombia and at the invitation of the President of the
Republic, Julio César Turbay Ayala, the Commission contributed to the
satisfactory settlement of the problem of the occupation of the Embassy
of the Dominican Republic in Bogotá, in exercise of the mandate
conferred upon it and on the basis of the legal provisions that govern
it.
To make that settlement possible, the
Commission and the Government of Colombia concluded an agreement through
an exchange of notes dated April 23 and 24, 1980.1 H.
Request of the Permanent Council of the OAS concerning
the Situation of Human Rights in Bolivia
On July 17, 1980, a military coup
brought General Luis García Meza Tejada to power, thereby interrupting
the process of democratization that was underway under the interim
government of Mrs. Lidia Gueiler. Concerned over the disruption of the
democratic process in Bolivia and the denunciations of serious
violations of human rights as a result of the coup, the Permanent
Council of the Organization adopted Resolution 308, of July 25, 1980, in
which it requested the Inter-American Commission on Human Rights to
examine the situation of human rights in Bolivia as soon as possible.2
In compliance with the terms of that
resolution, on August 8, 1980, the Commission addressed the Government
of Bolivia through its Ministry of Foreign Affairs and Worship. The
Commission’s letter to the Government of Bolivia is as follows:
Excellency:
The Inter-American Commission on
Human Rights has been observing, with genuine concern, the development
of the events that have been transpiring in Bolivia since last July 17.
Moreover, it has received denunciations and reports to the effect that a
situation has developed in Bolivia that affects the observance of human
rights, especially as regards the right to life, liberty and the
security of one’s person. Further, as you know, the Permanent Council
of the OAS, in resolution CP/RES. 308 (432/80), of July 25, 1980,
requested the Commission to examine the situation of human rights in
Bolivia as soon as possible.
Therefore, acting on instructions
received from the Commission and without this communication implying any
judgment on the Commission’s part as to the legitimacy or illegitimacy
of the Government of General Luis García Meza, as such a judgment is
not within its purview in accordance with the practices of international
law and the Statute and Regulations of the Commission itself, I am
addressing Your Excellency for the purpose of securing specific
information as to the following points, which are of special interest to
the Commission: |
