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CHAPTER
II ACTIVITIES
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Beginning September, 1985, the date on which the coverage of the
previous annual report ended, the Inter-American Commission on Human
Rights held two sessions: the sixty-sixth and the sixty-seventh. Both
were regular sessions and were held at the Commission's headquarters,
the General Secretariat of the Organization of American States, in
Washington, D.C.
The Chairman of the Permanent Council and the Secretary General
of the Organization attended the inauguration of the two sessions in
reference. At these inaugural events, these distinguished
representatives underlined the importance of the Commission's work.
As indicated in this chapter's summary of each of the
aforementioned sessions, the Commission analyzed and took decisions on
the various matters pending consideration, and adopted the corresponding
programs.
At each of these sessions, the Commission's President and
Executive Secretary presented their respective reports in accordance
with the regulations.
In December 1985, between the two sessions of the Commission, the
OAS General Assembly was held in Cartagena de Indias, Colombia.
Important resolutions on human rights were adopted which are included in
this chapter.
A.
Sixty-Sixth Session
This session was held from September 26 to October 4, 1985, at
the Commission's headquarters in Washington, D.C. under the Chairmanship
of Dr. Andrés Aguilar and with the participation of all but one member:
Dr. Luis Adolfo Siles Salinas, First Vice Chairman; Dr. Gilda Maciel
Russomano, Second Vice Chairman; Dr. Marco Gerardo Monroy Cabra; Dr. César
Sepúlveda; and Dr. Bruce McColm. Dr. Luis Demetrio Tinoco Castro could
not attend due to illness.
At that time all the members present unanimously adopted the
final reports on the general situation of human rights in Chile and in
Suriname. These reports were forwarded to the OAS Secretary General for
distribution to the Governments of the member states. It should be
recalled that the Commission had provisionally adopted two reports at
its previous (65th) session, and that they had been forwarded
to the corresponding Governments for whatever observations they might
deem pertinent. The Chilean Government decided not to accept the report
for procedural reasons. The Government of Suriname, however, set forth
its observations, which were carefully examined by the IACHR. Both
reports were made public after that meeting of the Commission.
At that time the Commission also adopted a preliminary report on
the status of human rights in Guatemala. Pursuant to the current
regulations, the report was forwarded to that country's Government for
whatever observations it deemed pertinent.
Another of this session's main activities was consideration and
final approval of the annual report to be submitted to the OAS General
Assembly in December 1985. This annual report also included a special
section on Guatemala concerning the on-site visit held by the IACHR in
May 1985 and updating its previous reports on the country. Information
available on the observance of human rights in Cuba, El Salvador, Haiti,
Nicaragua and Paraguay during the previous 12 months was also updated.
Likewise, upon considering the official invitation extended by
the Government of Haiti to hold an on-site observation visit in that
country, the Commission decided to make the visit in January 1986.
Finally, among the proceedings held during this session, special
mention should be made of the visit of the Archbishop of San Salvador
and Chairman of the Central American Episcopal Conference, Monsignor
Arturo Rivera y Damas, whom the IACHR thanked for this kind words and
support of the Commission's aims and activities.
B.
Activities following the 66th session
The Ninth Inter-American Indian Congress was held in Santa Fe,
New Mexico, from October 28 to November 1, 1985. Important resolutions
with specific reference to respect for the culture and other human
rights of the aborigines were adopted. The IACHR was represented by one
of its members, Mr. Bruce McColm.
On November 11 and 12, 1985, a joint meeting of the European and
Inter-American Commissions on Human Rights was held in Seville, Spain.
It was followed by an international colloquium on the European
Convention. Both events were attended by representatives of the IACHR,
the President and the Executive Secretary, as well as its members, Ms,
Russomano and Messrs. Monroy Cabra and Bruce McColm, who helped
strengthen the ties of cooperation and coordination between the two
regional commissions.
On November 13, 1985, the Inter-American Court of Human Rights
issued an advisory opinion on the interpretation of Article 13 of the
Convention as regards compulsory membership of journalists in an
association. The IACHR was represented by its members, Messrs. Monroy
Cabra and McColm, who during their appearances expressed the majority
and minority views, respectively, of the Commission, on this important
issue.
On December 2 and 3, 1985, an important trade union seminar
organized by the ORIT and IADSL was held in Caracas, Venezuela.
Subsequently, on December 4, 5 and 6, the Congress of the CLAT Workers'
Confederation was held in Rio de Janeiro, Brazil. The IACHR was
represented by its members, Mr. Bruce McColm and Ms. Gilda M. Russomano,
respectively.
In January 1986, the Executive Secretary of the IACHR, designated
by the President, attended the hearings held at the headquarters of the
Inter-American Court of Human Rights. These dealt with the inquiry made
by the Government of Uruguay concerning the scope of the term “laws”
in Article 30 of the American Convention on Human Rights, and the
inquiry by the Government of Costa Rica concerning the so-called right
of rectification or of “reply” in Article 14 of that Convention.
The on-site observation to Haiti, which had been agreed upon with
the Government for January 27 to 31, 1986, and for whose organization
the attorney responsible for matters related to that country, Ms. Cerna,
visited the capital as well as the cities of Gonaïves, Cap-Haïtien and
Les-Cayes, December 3-15 1985, could not be made as scheduled. The
demonstrations and the violence culminated in the resignation of
President-for-life, Mr. Duvalier, and caused the indefinite suspension
of the mission on January 14, 1986, by note of the Chargé d'affaires of
the Haitian Mission to the OAS.
Lastly, the Chairman, Mr. Siles, and the Executive Secretary
visited Montevideo March 17-20, 1986 at the invitation of the Uruguayan
President and Minister of Foreign Affairs.
C.
Fourteenth special and fifteenth regular
sessions of the OAS General Assembly
The OAS General Assembly held its fourteenth special session in
Cartagena de Indias, Colombia, December 2-5, 1985. It was followed by
the fifteenth regular session, December 5-9, 1985.
The purpose of the fourteenth special session was to consider and
approve the proposed amendments to the OAS Charter that had been
submitted to it by the Permanent Council. Dr. Marco Gerardo Monroy Cabra
attended the session on behalf of the Commission.
The regular session, as is customary, considered the various
matters related to the progress of the Organization. The Commission was
represented by its Chairman, Dr. Andrés Aguilar, accompanied by the
Executive Secretary, Dr. Edmundo Vargas Carreño.
The President, Dr. Aguilar, was responsible for presentation of
the annual report and the special reports prepared the previous year by
the Commission, on Chile and Suriname, to the Committee on Political and
Juridical Affairs of the General Assembly.
At its fifteenth regular session, the General Assembly considered
the following topics related to human rights and the Commission's
activities:
a) Juridical status of
persons granted asylum, refugees and displaced persons in the American
hemisphere.
b) Condemnation of terrorist
methods and practices.
c) Annual report of the
Inter-American Commission on Human Rights and special reports.
d) Tribute to Dr. Andrés
Aguilar, Chairman of the Inter-American Commission on Human Rights.
e) Annual report of the
Inter-American Court of Human Rights.
f) Draft Additional Protocol
to the American Convention on Human Rights.
g) Inter-American Convention
to Prevent and Punish Torture.
With regard to the above-mentioned topics, the General Assembly
adopted the corresponding resolutions, which are transcribed below. AG/RES.
774 /XV-0/85) LEGAL
STATUS OF ASYLEES, REFUGEES, AND DISPLACED PERSONS IN
THE AMERICAN HEMISPHERE (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
CONSIDERING:
That several member states of the OAS have recognized the
international protection extended to refugees under the 1951 Geneva
Convention and its 1967 Protocol and have applied the fair and generous
practices on asylum deriving from regional instruments on this matter;
That although the number of refugees in the American region has
stabilized, the extent and complexity of the problems affecting persons
who in earlier years fled their countries because of armed conflict and
internal unrest is still cause for concern;
That in November 1983, the colloquy on the International
Protection of Refugees in Central America, Mexico and Panama, sponsored
by the Government of Colombia and cosponsored by the Universidad de
Cartagena de Indias, the Regional Center for Third World Studies, and
the United Nations High Commissioner for Refugees (UNHCR), was held in
Cartagena;
That the colloquy in reference adopted the Declaration of
Cartagena on Refugees, the conclusions of which include recommendations
that are consistent with the basic standards on refugees set forth in
various international instruments and could contribute to the adoption
of appropriate measures for the security and protection of this category
of persons in the American region;
That the positive effort the United Nations High Commissioner for
Refugees has been undertaking together with the authorities in the
countries offering asylum and governmental and nongovernmental
organizations that are cooperating in this humanitarian task should also
be pointed out; and
That the effort of the General Secretariat of the OAS and the
Office of the UNHCR under the cooperative program established by the two
agencies in 1982 should also be commended,
RESOLVES:
1. To express its confidence
that the countries of the region will continue to cooperate in an
effective international endeavor on behalf of refugees.
2. To call upon the member
states to create conditions and mechanisms that will permit the
voluntary repatriation of refugees in the hemisphere as a definitive
solution to the distressing problem that affects them.
3. To underscore the
importance of the Declaration of Cartagena on Refugees and recommend to
the member states that they apply that Declaration in dealing with the
refugees in their territory.
4. To note with satisfaction
the progress of the work being carried out under the joint UNHCR/OAS
program and to thank the General Secretariat for its cooperation in this
effort. AG/RES.
775 (XV-0/85) CONDEMNATION
OF TERRORIST METHODS AND PRACTICES (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
Taking into account the consideration given by the United Nations
General Assembly at its fortieth session to the matter of international
terrorism
Deeply concerned by the escalation of terrorist acts of all
kinds, which endanger the lives of innocent human beings and cause the
loss of lives, threaten fundamental freedoms, and seriously affront
human dignity;
Aware of the need to uphold and safeguard the basic rights of
individuals in conformity with the pertinent international instruments
on human rights; and
Concerned by the fact that in recent years terrorism has taken
forms that have become increasingly injurious to the international
community,
RESOLVES:
1. To express its
unequivocal support for the consideration given to the matter of
international terrorism by the United Nations General Assembly at its
fortieth session.
2. To deplore deeply the
loss of innocent human lives which results from terrorist acts.
3. To condemn unequivocally
as criminal all acts, methods and practices of terrorism wherever and by
whoever committed, including those which jeopardize friendly relations
among states and their security.
4. To urge all member states
to cooperate more closely with each other, especially through the
exchange of relevant information concerning the prevention and combating
of terrorism, apprehension and prosecution or extradition of the
perpetrators of such acts, the conclusion of special treaties and/or the
incorporation of special clauses into appropriate bilateral treaties,
especially clauses into appropriate bilateral treaties, especially
clauses on the extradition or prosecution of terrorists.
5. To transmit this
resolution to the President of the United Nations General Assembly and
the Secretary General of that organization so that the position of the
American States may be duly noted. AG/RES.
778 (XV-0/85) ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS AND
SPECIAL REPORTS (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
HAVING SEEN the annual report of the Inter-American Commission on
Human Rights (AG/doc.1918/85), the special reports on the human rights
situation in Chile (AG/doc.1919/85) and in Suriname (AG/doc.1920/85),
and the observations and replies of governments; and
CONSIDERING:
That the member states of the Organization of American States
have proclaimed in its Charter that respect for the fundamental rights
of the individual, without distinction as to race, nationality, creed,
or sex, is one of the principles of the Organization; and
That the paramount function of the Inter-American Commission on
Human Rights is to promote the observance and defense of human rights, a
noble undertaking in which all the states in the region and the organs
and agencies of the inter-American system should cooperate,
RESOLVES:
1. To note with interest the
annual report and the recommendations of the Inter-American Commission
on Human Rights and to thank and commend it for its thorough and
important work in the field of protection and promotion of human rights.
2. To urge the governments
of the states mentioned in the annual report to follow the pertinent
recommendations of the Commission, in accordance with their
constitutional precepts and domestic laws, in order to ensure the
faithful observance of the human rights enshrined in the American
Declaration of the Rights and Duties of Man and the American Convention
on Human Rights.
3. To take note of the
report on the human rights situation in Suriname, the modest progress
made, as stated in the report itself, and the conclusions of the
Inter-American Commission on Human Rights, and to urge the government of
that country to follow the pertinent recommendations of the Commission.
4. To take note of the
comments and observations of the governments of the member states and of
the information on the measures they have taken and will continue to
take for the purpose of guaranteeing human rights in their countries.
5. To recommend to those
member states that have yet to do so that they reestablish and perfect
one system of representative democracy resulting from free elections and
universal suffrage and the secret ballot. Without prejudice to the
foregoing, the characteristics and circumstances peculiar to each
country will be taken into account, the laws of each will be respected
and, in any event, all citizens will be given access to the mass
communication media and will enjoy all the other guarantees required to
ensure that the results of the election represent the popular will.
6. To note with satisfaction
the recent elections held in Guatemala and the contents of Chapter II of
the annual report of the Inter-American Commission on Human Rights
concerning facilities extended by the government during the on-site
visit and the commitment to refrain from reprisals against individuals
and institutions presenting complaints or testimony; to thank the
authorities and the people of Guatemala generally for their cooperation
and hospitality; and to express the hope for prompt consolidation of
democracy in that country that will guarantee full respect for human
rights.
7. To express its pleasure
with the measures adopted by the governments of Argentina and Uruguay
which highlight their strong inclination to strengthen the rule of law
and the democratic rule of government so as to consolidate systems that
will ensure full respect for human rights, as set forth in Chapter IV of
the report of the Inter-American Commission on Human Rights.
8. To express its
satisfaction with the measures adopted by the Government of Peru on July
1985, to guarantee full respect for human rights and basic freedoms and
to consolidate the rule of law and democracy within its territory.
9. To express its
satisfaction with the process under way in Honduras to strengthen the
democratic rule of government that will ensure the full exercise of
human rights.
10. To express further its
pleasure with the deposit by Uruguay of its instrument of ratification
of the American Convention on Human Rights.
11. To invite the
governments of the member states to present to the Inter-American
Commission on Human Rights, by June 30, 1986, proposals on the contents
of an Additional Protocol to the American Convention on Human Rights
pertaining to economic, social, and cultural rights, especially with
regard to definition of the rights protected and the institutional
mechanisms that should be established in order to ensure their adequate
protection, so that the Commission may submit the draft Additional
Protocol on that subject to a forthcoming session of the General
Assembly.
12. To urge the member
states to extend support and, insofar as possible, to implement the
conclusions and recommendations of the Declaration of Cartagena on
Refugees, adopted on November 22, 1984, by the Colloquy on the
International Protection of Refugees in Central America, Mexico, and
Panama.
13. To recommend that the
member states take effective measures to ensure the strengthening and
independence of the judicial branch.
14. To reiterate to the
member states the recommendation that they incorporate in their official
study programs, for both primary and secondary schools, the teaching of
human rights as defined in the respective constitutions and in the
corresponding international instruments. AG/RES.
779 /XV-0/85) TRIBUTE
TO DR. ANDRÉS AGUILAR, CHAIRMAN OF THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
CONSIDERING:
That Dr. Andrés Aguilar, the distinguished Venezuelan jurist and
current Chairman of the Inter-American Commission on Human Rights, will
complete his term of office as a member of that Commission on December
31, 1985; and
That in the nearly fourteen years during which he has been a
member of the Commission and on the several occasions during that period
on which he served as its Chairman, the performance of Dr. Andrés
Aguilar in protecting and promoting human rights in the hemisphere has
been outstanding,
RESOLVES:
To express its deep appreciation to Dr. Andrés Aguilar for the
significant contribution he has made to the defense of human rights in
the Americas. AG/RES.
780 (XV-0/85) ANNUAL
REPORT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
HAVING SEEN the annual report of the Inter-American Court of
Human Rights (AG/doc.1921/85); and
CONSIDERING:
That the Charter of the Organization of American States proclaims
the existence of the fundamental rights of the individual and the need
to safeguard them and provides for holding a special convention on the
matter;
That the American Convention on Human Rights concluded pursuant
to that provision of the Charter created the Inter-American Court of
Human Rights as one of the organs of the regional system responsible for
guaranteeing the protection of human rights in the American States;
That the Protocol of Amendment adopted in Cartagena de Indias by
the fourteenth special session of the General Assembly reconfirms the
existence of human rights and the need to safeguard them as a
cornerstone of the inter-American system;
That nineteen member states of the Organization have ratified or
acceded to the Convention;
That in the course of this year, two countries—Uruguay and
Colombia—have accepted the Court's compulsory jurisdiction (Article
62.1 of the Convention), thus raising to eight the number of states that
have now done so;
That the system established for the effective protection of human
rights in the hemisphere is able to function fully only with the
participation of the two organs created for that purpose: the Commission
and the Court;
That full development of the inter-American system to protect
human rights requires more complete use of the overall authority of the
bodies responsible for securing that use, and that the Court is called
upon to fulfill specific functions in individual cases involving
interpretation or application of the American Convention on Human
Rights;
That all member states and organs of the OAS have access to the
consultative services of the Court and in the exercise of its advisory
function the Court has built up a doctrine which develops and gives more
concrete content to the Convention; and
That the procedural rules of the Court allow all member states of
the OAS to set forth their points of view with respect to the advisory
opinions requested of the Court, which has opened an important new
avenue for regional participation in the development of the body of
legal doctrine of the inter-American system in the field of human
rights,
RESOLVES:
1. To express the
appreciation of the Organization for the work performed by the
Inter-American Court of Human Rights, as reflected in its annual report.
2. To urge the member states
of the OAS which have not yet done so to ratify or accede to the
American Convention on Human Rights.
3. To express its hope that
all of the states which are parties to the American Convention on Human
Rights will acknowledge the Court's compulsory jurisdiction.
4. To urge the member states
of the Organization and the organs listed in Chapter X of the Charter,
especially the Inter-American Commission on Human Rights, to make full
use of the Court's competence to the extent they are empowered to do so
by the Pact of San José, particularly with reference to hearing and
deciding cases involving interpretation and application of the
Convention.
5. To urge the member states
of the Organization to make use to the best of their ability of the
authority accorded to them in the procedural rules of the Court, by
presenting their views on the advisory opinions requested of the Court. AG/RES.
781 (XV-0/85) DRAFT
ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS
(PACT OF SAN JOSÉ) (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
HAVING SEEN the report of the Permanent Council on proposals
concerning the draft Additional Protocol to the American Convention on
Human Rights (AG/doc.1956/85); and
CONSIDERING:
That at its fourteenth regular session, the General Assembly,
through resolution AG/RES. 742 (XIV-0/84), invited the member states and
other interested organs and entities to present specific proposals on
the content of the draft Additional Protocol to the American Convention
on Human Rights as regards economic, social, and cultural rights,
especially as regards definition of the rights subject to protection and
the institutional mechanisms that should be created to ensure their
adequate protection; and
Thus far, only the Governments of Ecuador and Venezuela and the
Inter-American Court of Human Rights have presented proposals on the
content of that draft Protocol,
RESOLVES:
1. To renew the invitation
to the member states and interested organs and agencies to present to
the Permanent Council the proposals referred to in the first paragraph
of the preamble within six months of the date on which this resolution
is adopted.
2. To request the Permanent
Council to report to the General Assembly on the findings of its study,
with any recommendations it might deem pertinent. AG/RES.
783 (XV-0/85) INTER-AMERICAN
CONVENTION TO PREVENT AND PUNISH TORTURE (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
CONSIDERING:
That at its eighth regular session the General Assembly requested
the Inter-American Juridical Committee to prepare, in cooperation with
the Inter-American Commission on Human Rights, a draft convention
defining torture as an international crime [AG/RES. 368 (VIII-0/78)];
That in pursuance of that mandate, the Inter-American Juridical
Committee, in coordination with the Inter-American Commission on Human
Rights, prepared a draft convention on the matter in 1980 and
transmitted it to the Permanent Council;
That the Permanent Council forwarded the draft to the General
Assembly, which, at its tenth regular session, adopted resolution
AG/RES. 509 (X-0/80), by whose operative paragraph 2 provides as
follows: To
forward that draft with its statement of reasons and the explanation of
votes given by the members of the Committee to the governments of the
member states for their consideration, so that they may formulate their
observations and comments and send them to the Permanent Council before
April 30, 1981, so that the Council may introduce the appropriate
amendments in the draft Convention and submit it to the next regular
session of the General Assembly.
That after receiving the observations and comments of the
governments of several member states, the Permanent Council, through its
Committee on Juridical and Political Affairs, undertook the study of the
draft convention prepared by the Inter-American Juridical Committee and
reported periodically to the General Assembly on the progress of the
work related to the matter; That the General Assembly repeatedly extended the mandate of the Permanent Council for the continued study of the draft convention [AG/RES. |
