After taking note of the observations of the government of El Salvador, the Commission decided to publish a special report on that country.

          With regard to the report on the human rights situation in Peru, approved at the Commission's previous session, the Commission confirmed its decision to publish the ­report in Chapter IV of the Commission's Annual Report.

          In its Annual Report the Commission also reflected its concern over the human rights situation in Nicaragua and Cuba.

          In a desire to cooperate with the Federal Republic of Brazil, the Commission agreed to repeat its request for authorization to make an on-site visit to that country.

          The Commission studied the Preliminary Report on Disappearances in Honduras, prepared by the National Commissioner for Protection of Human Rights. In view of threats from sectors mentioned in that report against the National Commissioner, who is IACHR member Dr. Leo Valladares Lanza, the Commission sent a note to the President of Honduras expressing its solidarity with Dr. Valladares Lanza and declaring the threats to be attacks against the whole inter-American system for protection of human rights.

          b.          Eighty-sixth Session

          The Commission scheduled this special session to coincide with the presentation of its Annual Report and special reports to the Permanent Council's Committee on Juridical and Political Affairs.

          The Commission discussed among other matters the presentation of its report to the Permanent Council, its program of on-site visits, and the process of individual cases.

          The Commission also approved and confirmed the undertaking of special studies on matters concerning protection and promotion of human rights, dealing with the law of disrespect (desacato), the prison situation in the Americas, and women's rights.

          The special session was held in conjunction with activities planned by the Commission to commemorate the thirty-fifth anniversary of its establishment by the Fifth Meeting of Consultation of Ministers of Foreign Affairs, which was held in Santiago, Chile in 1959.

          c.          Eighty-seventh Session

          All Commission members were present: Professor Michael Reisman, Chairman; Dr. Alvaro Tirado Mejía, First Vice-Chairman; Dr. Leo Valladares Lanza, Second Vice-Chairman; and members Dr. Patrick Robinson, Dr. Oscar Luján Fappiano, Professor Claudio Grossman, and Ambassador John Donaldson.

          During the session, the Commission granted hearings to representatives of governments and nongovernmental organizations, as well as individuals interested in the subject of human rights.  They described the general situation of human rights in specific countries, and commented on individual cases before the Commission.

          The Commission received a visit from the Minister of Justice of Chile, Dr. Soledad Alvear, and Chile's Permanent Representative to the OAS, Ambassador Edmundo Vargas Carreño.  Dr. Alvear described progress by the Chilean government in the administration and protection of human rights.

          The Solicitor General of Jamaica, Dr. Kenneth Rattray, also met with the Commission and presented matters of mutual interest.

          The Commission gave priority attention to the serious deterioration of the human rights situation in Haiti and the measures that must be taken to end the de facto authorities' systematic violation of the human rights of a large part of the population.

          In response to the invitation from the Permanent Representative of Haiti to the OAS, and in view of the alarming situation, the Commission decided to make two on-site visits to Haiti in the course of the year covered in this report.

          The Commission also accepted the invitation of the government of Guatemala to make an on-site visit to that country.

          The Commission noted with satisfaction the friendly settlement reached between the Argentine government and petitioners in the case of journalist Horacio Verbitsky, which is an important precedent for the progressive development of the inter-American system for the protection of human rights. Argentina also satisfactorily settled the case of Mr. Guillermo Maqueda, which the Commission had submitted to the Inter-American Court of Human Rights. The government of Argentina commuted Mr. Maqueda's sentence, which resulted in his conditional parole.

          The Commission continued to review the observance of economic, social, and cultural rights in the region, as well as women's rights, freedom of expression, prison conditions, and the draft instrument on the rights of indigenous peoples, which is to be presented to the governments for their consideration in 1995.

          Finally, the Commission decided to hold its next regular session from February 1 to 17, 1995.

          2.       TWENTY-FOURTH REGULAR SESSION OF THE OAS GENERAL ASSEMBLY

          The Commission attended the twenty-fourth regular session of the General Assembly, which took place from June 6 to 10, 1994, in Belém do Pará, Brazil. It was represented by its Chairman, Professor Michael Reisman; its First Vice-Chairman, Dr. Alvaro Tirado Mejía; and Dr. Patrick Robinson, who were assisted by Dr. Edith Márquez Rodríguez, Executive Secretary; Dr. David Padilla, Assistant Executive Secretary; and Dr. Bertha Santoscoy-Noro, attorney of the Secretariat.

          Among the resolutions approved by the General Assembly was one on the IACHR Annual Report, the text of which is as follows:

         ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

AND SPECIAL REPORTS ON THE SITUATION OF HUMAN RIGHTS

     (Resolution adopted at the ninth plenary session,

held on June 10, 1994)

          THE GENERAL ASSEMBLY,

                   HAVING SEEN the annual report of the Inter-American Commission on Human Rights (CP/CAJP-940/94) and its special reports on the situation of human rights (CP/CAJP-941/94, CP/CAJP-942/94, and CP/CAJP-943/94), as well as the observations and recommendations made by the Permanent Council of the Organization regarding those reports (AG/doc.3078/94 and addenda);

                   TAKING INTO ACCOUNT the presentation of those reports by the Chairman of the Inter-American Commission on Human Rights; and

          CONSIDERING:

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

                   That the Inter-American Commission on Human Rights was established by the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in 1959, and that its principal function is to promote the observance and protection of human rights and to serve as a consultative body of the Organization for such matters;

                   That the ideal of a free human being, unfettered by fear or poverty, can only be fulfilled if conditions are established which permit all individuals to enjoy their economic, social, and cultural rights, as well as their civil and political rights;

                   That international protection of human rights reinforces or complements the protection afforded by the domestic laws of member states, and is based upon the attributes of the human being;

                   That one of the aims of the Organization is to promote and consolidate representative democracy while respecting principles of nonintervention and self-determination;

                   That the effective exercise of representative democracy is the best guarantee that human rights will be fully respected;

                   That the member states recognize the inextricable link between human rights, democracy, and developm­ent;

                   That special attention should be given to progressive improvement of the promotion and protection system established under the American Convention on Human Rights; and

                   That the United Nations has declared 1994 the International Year of the Family;

                   TAKING NOTE of the resolution on "Human Rights and Terrorism" adopted by the United Nations Commission on Human Rights during its fiftieth session;

                   RECALLING the outcome of the World Conference on Human Rights, held in Vienna in 1993; and

                   BEARING IN MIND that the position of High Commissioner for Human Rights has been established within the United Nations,

          RESOLVES:

                   1.       To take note of the Annual Report of the Inter-American Commission on Human Rights and the aforementioned special reports.

                   2.       To receive and endorse the recommendations and observations which the Permanent Counci­l presented for consideration by the General Assembly (AG/doc.3078/94 and addenda), and to transmit them, along with those contained in this resolution, to the Inter-American Commission on Human Rights.

                   3.       To take note of the comments and observations of the member state governments regarding the annual report, the special reports of the Commission, and the steps the governments are taking to strengthen the promotion, observance, and protection of human rights.

                   4.       To take note of the progress made in the effective observance of human rights in the region, especially the steps being taken by member states to enhance the promotion, observance, and protection of human rights in their own countries; and at the same time to express concern over the continuing existence of serious human rights violations.

                   5.       To call upon the Inter-American Commission on Human Rights to continue giving special importance to the dialogue with member states in connection with the reports on the situation of human rights in the countries of the Hemisphere.

                   6.       To reiterate the importance of applying the mechanism for reaching friendly settlements among the parties concerned within the framework of respect for human rights, in accordance with  provisions of the American Convention on Human Rights and the Statute and Regulations of the Inter-American Commission on Human Rights.

                   7.       To reaffirm that all human rights are universal, indivisible, interdependent, and interrelated; that, therefore, their promotion and protection in an equitable and global manner is the responsibility of all member states; and that, consequently, no right should be ignored under the pretext that full enjoyment of other rights has not been attained.

                   8.       To urge the Inter-American Commission on Human Rights to continue to pay special attention to the promotion of economic, social, and cultural rights.

                   9.       To call upon the Inter-American Commission on Human Rights to provide cooperation and assistance, within the framework of strengthening democratic systems, and at the request of the State concerned, in promoting and protecting human rights, in coordination with other organs, agencies, and entities of the inter-American system, where appropriate.

                   10.     To urge those member states that have not yet done so to sign, ratify, or accede to, as appropriate, the various inter-American instruments for the promotion and protection of human rights and, when applicable, to accept the competence of the Inter-American Commission on Human Rights to receive and examine communications from states concerning other states in accordance with Article 45.1 of the American Convention on Human Rights, and to recognize as binding the jurisdiction of the Inter-American Court of Human Rights.

                   11.     To recall the importance for the inter-American human rights promotion and protection system of the advisory opinions and findings issued by the Inter-American Court of Human Rights, particularly for the interpretation and application of the American Convention on Human Rights, and to invite the parties to contentious proceedings before the Court to continue to abide by its decisions, as provided in Articles 67 and 68 of that Convention.

                   12.     To emphasize that the incorporation of new rights and freedoms into the system envisioned in the American Convention on Human Rights, and any other amendment thereto, must conform to its Articles 31, 76, and 77.

                   13.     To reiterate that it is important that the member state governments continue to extend the necessary guarantees to nongovernmental human rights organizations and their members, so that they may continue their activities in accordance with the constitution and laws of each country.

                   14.     To urge the member states to take or continue taking, as applicable, the measures needed to guarantee the integrity, independence, and autonomy of their judiciaries.

                   15.     To take note of the efforts made by the Inter-American Commission on Human Rights in response to the serious human rights situation in Haiti, and to reiterate the need to place the Commission in a position to implement fully the recommendations issued by the ad hoc Meeting of Ministers of Foreign Affairs, in accordance with the relevant paragraphs of resolutions MRE/RES.1, 2, 3, 4, and 5, and particularly on-site visits to that country.

                   16.     To reaffirm that member states should take steps aimed at recognizing women's rights, especially those designed to eliminate violence directed against women by virtue of their gender, and to urge member states to cooperate with the Inter-American Commission on Human Rights and the Inter-American Commission of Women in this regard.

                   17.     To reaffirm the importance of the issue of disability and human rights, and the fact that the full and enjoyment and exercise of the basic rights of persons with disabilities should be ensured accordingly.

                   18.     To reiterate the need to respect the principle of nondiscrimination and to safeguard the legal and social equality of persons carrying the human immunodeficiency virus (HIV) and suffering from acquired immune deficiency syndrome (AIDS); and to urge the member states to provide such persons with the appropriate treatment and to take the necessary educational and public health measures to prevent the spread of that disease and others like it while fully respecting the human rights of those afflicted.

                   19.     To urge member states to guarantee protection of the human rights of migratory workers and their families, of groups of population that are disenfranchised or minorities, and of victims of racial discrimination; and urge them to bring about conditions that will foster greater harmony and tolerance between those groups and the rest of society.

                   20.     To reiterate its appeal to member states to continue with and expand upon the appropriate measures to ensure observance of internationally recognized principles regarding the protection and humane treatment of refugees and those seeking asylum, and to reaffirm the need for member states to cooperate in the important work of the.............the Office of the United Nations High Commissioner for Refugees.

                   21.     To emphasize the urgent need to strengthen mechanisms and programs for the defense and protection of children in the Hemisphere, and to call upon the Inter-American Children's Institute to cooperate with the member states in this regard.

                   22.     To urge member states that have not yet done so to comply with the request that they report to the Inter-American Commission on Human Rights on the social, cultural, and economic situation in their respective countries.

                   23.     To reiterate its most vehement condemnation of terrorism in any shape or form and by any agent, and to repudiate the grave consequences of such acts, which are designed to destroy human rights and fundamental freedoms; and to recommend that the Inter-American Commission on Human Rights continue providing information in the areas envisioned in paragraph (c) of resolution AG/RES.1112 (XXI-O/91) under "Recommendations to the Inter-American Commission on Human Rights," for which it shall take into account, among other background information, that provided by the member states.

                   24.     To express its deep sorrow regarding all the innocent victims of terrorism and of other indiscriminate and arbitrary acts of violence, which cannot, and should not be justified under any circumstance.

                   25.     To express support for and solidarity with those member states that are engaged in peace processes, while fully observing the provisions that guarantee the rule of law.

                   26.     To reiterate its interest in a prompt conclusion of the drafting of a legal instrument dealing with the rights of indigenous peoples and communities.

                   27.     To reiterate the recommendation to the Inter-American Commission on Human Rights that in its annual report the Commission should provide an overall appraisal of how human rights have fared in other member states, taking into account the information supplied by the member states, among other sources.

                   28.     To reiterate the recommendation made to the Inter-American Commission on Human Rights in resolution AG/RES.1112 (XXI-O/91) to continue to include in its annual report its activities to promote and extend the observance of human rights in the member states.

                   29.     To ask the Inter-American Commission on Human Rights to report, in accordance with Article 63.b of its Regulations, on action taken with regard to the Permanent Council's observations and recommendations transmitted through the General Assembly.

                   30.     To urge those member state governments that have not yet done so to incorporate the subject of human rights at the different levels of their educational systems, in accordance with their domestic law; and to recommend that dissemination of information about the various facets of human rights be made a priority objective of each state's educational policy.

                   31.     To recommend to the Inter-American Juridical Committee that it continue including conferences and seminars publicizing various aspects of human rights issues in its annual courses on international law.

                    32.     To urge member states to continue to cooperate with the Inter-American Commission on Human Rights as it conducts on-site visits, in keeping with applicable provisions, because of their importance for the protection and promotion of human rights.

                   33.     To thank the Inter-American Commission on Human Rights for the information provided on the outcome of the World Conference on Human Rights and its potential impact on the development and strengthening of human rights in the inter-American system.

                   34.     To endorse the objectives proposed by the United Nations in observance of the International Year of the Family.

                   35.     To welcom­e the establishment by the United Nations of the post of High Commissioner for Human Rights, and to urge member states and the Inter-American Commission on Human Rights to give the High Commissioner their fullest possible cooperation in carrying out his important tasks.

                   36.     To recognize, on the thirty-fifth anniversary of the establishment of the Inter-American Commission on Human Rights, its important, arduous, and constant efforts to effectively protect and promote human rights in the Hemisphere.

                   37.     To urge member states to continue supporting and collaborating with the Inter-American Commission on Human Rights and to provide it with sufficient resources with which to properly carry out its work.

                   38.     To reiterate the recommendation issued in the Program of Action for Strengthening the OAS in the Area of Human Rights [AG/RES.112 (XXI-O/91)] to the General Secretariat, the Permanent Council, and the Preparatory Committee of the General Assembly that, when preparing the Organization's program-budget, they give priority to the allocation of sufficient resources to the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.

          3.       ON-SITE OBSERVATIONS AND VISITS CONDUCTED BY THE COMMISSION

          a.       Visit to Communities of Peoples in Resistance (CPR) in Guatemala

          The Inter-American Commission on Human Rights of the Organization of American States (IACHR), in response to an invitation from the government, sent a special delegation to Guatemala to observe the process of resettlement and normalization of the so-called Communities of Peoples in Resistance in Quiché Department.

          The visit was held from March 4 through 11, 1994, the delegation was composed of Second Vice-President Dr. Leo Valladares Lanza, aided by Assistant Executive Secretary Dr. David Padilla, Guatemalan affairs specialist Dr. Osvaldo Kreimer, and Dr. Elizabeth Abi-Mershed.

          The delegation made contact with various national authorities and representatives of the communities, traveling to Ixcan and La Sierra in Quiché, where they visited several communities and observed the human rights situation of the persons there. During their visit they were accompanied by Lic. César Alvarez Guadamuz, Ambassador of Guatemala to the OAS.  The Commission approved a special report as a result of this visit.

          b.          On-site visit to Haiti

          In view of the serious deterioration in the human rights situation in Haiti it was decided to visit that country from May 16 to 20, 1994 in order to continue observing the situation and assess respect for these rights under the American Convention on Human Rights, to which Haiti is a party, and to make recommendations.

          The special delegation was composed of Commission members Dr. Patrick Robinson, Professor Claudio Grossman, and Ambassador John Donaldson. The Commission was aided by Dr. Edith M rquez Rodriguez, Executive Secretary of the Commission; Dr. Bertha Santoscoy-Noro, human rights specialist in charge of Haitian affairs; Relinda Eddie and Isabel Ricupero, lawyers of Commission's Executive Secretariat; and administrative support personnel.

          During its visit the Commission met with the following persons: Prime Minister Robert Malval and Ministers Victor Benoit, Rosemont Pradel, Louis Dejoie II, Berthony Berry; Ambassador Colin Granderson, director of the OAS/UN Civilian Mission and mission member Tiebil Dram ; Apostolic Nuncio Monsignor Lorenzo Baldisseri; Chamber of Deputies President Frantz Robert Mondé and Senate President Fermin Jean-Louis.  The Commission received no reply to its request for interviews with the Commander of Haiti's Armed Forces, General Raoul Cedras, members of the general staff, and Police Chief Lt. Col. Michel Francois.

          The Commission also met with the coordinator of the former Presidential Commission, Father Antoine Adrien, and representatives of nongovernmental organizations: grassroots groups, human rights groups, and leaders of political parties, in order to gather information about the country's human rights situation. The Commission also met with representatives of the media, who gave information about the state of freedom of expression in Haiti, and representatives of the industrial sector and various churches.

          For lack of authorization by the de facto government, the Commission was unable to visit the National Penitentiary in Port-au-Prince to obtain first-hand information on the situation of the prisoners and the status of the cases against them.

          c.          On-site visit to the Bahamas

          In order to examine the situation of Haitian refugees in the Bahamas, the Commission visited that country from May 22 to 27, 1994.  The delegation was composed of Professor Michael Reisman, Chairman of the Commission; Dr. Leo Valladares Lanza, Second Vice-President; and Ambassador John Donaldson.  The Commission was assisted by Dr. Edith Márquez Rodríguez, Executive Secretary; Dr. David Padilla, Assist­ant Executive Secretary; Dr. Relinda Eddie, human rights lawyer; and administrative support personnel from the Secretariat.

          During its visit the Commission's delegation enjoyed cooperation from the government of the Bahamas, its officials and agencies, and representatives of nongovernmental organizations.

          The Commission met with the following persons: Prime Minister Orville A. Turnquest; Social Development Minister Theresa Moxey Ingraham; Opposition Leader Sir Lynden Pindling; Sir Clement Maynard; Dr. Bernard Nottage and Independent Senator Fred Mitchell; Mark Wilson, Permanent Secretary in the Ministry of Public Safety and Transportation, and representatives of other ministries; Marina Glinton, Director of the Red Cross; Winifred Murray, Welfare Officer; and Charles Drummond, Director of the Salvation Army. Representatives of several churches also met with the delegation.

          The Commission's delegation visited Haitian settlements on Abaco (Marsh Harbour, Treasure Cay), Grand Bahama (Freeport), Eleuthera, and New Providence. It also went to the Carmichael Road detention camp. 

          d.          Second on-site visit to Haiti

          The delegation on the second visit held on October 24-27, 1994, was composed of Professor Michael Reisman, IACHR Chairman; Dr. Patrick Robinson and Professor Claudio Grossman, Commission members. They were assisted by Dr. Bertha Santoscoy-Noro, Dr. Relinda Eddie, Dr. Meredith Caplan, and Dr. Isabel Ricupero, lawyers in the Commission Secretariat, and administrative support staff.

          During its visit the Commission met with President Jean-Bertrand Aristide, expressing its great satisfaction because of the restoration of democratic rule in the country and repeating its interest in cooperating with his government on all matters within the Commission's mandate.

          The Commission met with the Commander of the Armed Forces to learn of the changes to be made in that institution and the police, in accordance with decisions taken at the national and international levels.

          The Commission's delegation also met with Ambassador Colin Granderson, head of the OAS-UN Civilian Mission; Mr. Ti bil Drom , and diplomatic representatives of the "group of friends:" Argentina, Canada, the United States, France, and Venezuela; members of parliament; the coordinator of the former Presidential Commission, Father Antoine Adrien; and the Mayor of Port-au-Prince, Mr. Evans Paul.

          The Commission also met with representatives of human rights groups, grassroots organizations, and political party leaders to gather information on the human rights situation in the country. It also met with representatives of print and broadcast media to hear their views on freedom of expression in Haiti, and with representatives of the International Committee of the Red Cross, labor unions, the Chamber of Commerce, industry, and various religious groups.

          The Commission visited the National Penitentiary in Port-au-Prince and traveled to the cities of Saint-Marc and Gonaives to interview victims of human rights violations committed during the military dictatorship.  The Commission visited jails in those cities in order to obtain direct information on the legal status of the detainees and prison conditions in general.

          During its visit the Commission compiled important information