The Commission paid homage to the brilliant Venezuelan jurist, Dr. Andrés Aguilar, who recently died while serving on the International Court of Justice.  Dr. Aguilar had been President of the Commission and member thereof during the period 1972 until 1985.  The Commission decided to publish a book in honor of his contribution to the field of human rights.

          During this session, the Commission held 40 hearings with representatives of governments, individuals and human rights organizations, who expressed their views on the situation of human rights in the hemisphere and on the progress of individual cases before the Commission.

          The Commission approved its Annual Report which would be submitted to the OAS General Assembly to be held in Panama in June.  It decided to include a progress report on the conditions in detention centers and penitentiaries in several countries.  For that purpose the Commission accepted the invitation of the Government of Venezuela to carry out an on site visit to examine detention centers in that country; it also accepted a similar  invitation to visit penitentiaries in the United States.

          The Inter-American Convention on Forced Disappearance of Persons entered into force, with the deposit of the instruments of ratification of Argentina and Panama, on February 28, 1996.

          The Commission decided to convoke a Meeting of Experts for the purpose of comparing the experiences of other human rights systems with that of the inter-American, in order to identify those areas which could be improved upon, in particular, as regards the processing of individual cases, on site visits, its system of rapporteurs on specific themes and its promotional activities.  It was decided to hold this meeting at the end of the year in Washington, D.C.

          The Commission met with Mr. Francis Deng, Special Permanent Representative of the UN Secretary General on the situation of internally displaced persons.  Recognizing the serious situation of displaced persons in various countries of the hemisphere, the Commission named Professor Goldman as Rapporteur for this subject.  The Commission also named Ambassador John S. Donaldson and Dr. Jean Joseph Exumé as Rapporteurs for a study on "Conditions of detention in the Americas," and Ambassador Alvaro Tirado Mejía as Rapporteur on the subject of migrant workers.  With regard to Indigenous Populations, the Commission named Professor Carlos Ayala and Ambassador John Donaldson Rapporteurs for this subject and Professor Claudio Grossman to continue as Rapporteur for the subject of women's rights. 

          b.       92nd Special Session

          All the members of the Commission attended the 92nd special session and welcomed the new Executive Secretary, Ambassador Jorge E. Taiana, a distinguished Argentine former diplomat.  During this session, the Commission sent a note to the President of Paraguay in which it expressed its satisfaction that the recent crisis in Paraguay, which had almost resulted in the destabilization of the government, had been peacefully resolved and constituted a transcendental step in the consolidation of democracy in that country.

          The Commission also sent a note to the Secretary General of the Organization, expressing its solidarity with him over the kidnapping of his brother, and condemned the repugnant act.  It offered whatever assistance might be appropriate.

          The Commission met with the Secretary General to discuss the Meeting of Experts on the Future of the Regional System of the Protection and Promotion of Human Rights and set December 2-4, 1996 as the dates for this seminar.

          The Commission also met with the Permanent Representative of Mexico to the OAS, Ambassador Carmen Moreno de Del Cueto, in order to exchange views regarding the preparations for the Commission's on site visit to Mexico, scheduled for July.

          During this session the Commission decided to intensify the process of consultation on the Draft Inter-American Declaration on the Rights of Indigenous Peoples and also decided to send a "Questionnaire on the Status of Women in the Americas" to all the member states.  The Commission also decided to begin consideration of the issue of migrant workers in this hemisphere, with a view to preparing a report.

          c.       93rd Regular Session

          All the members of the Commission attended the 93rd session.  The Commission held 63 hearings and analyzed 38 reports on individual cases, and various requests for provisional measures, responding thereby to the increasing needs of the system for the protection of human rights.

          The Commission was pleased to observe, during the course of these hearings, the positive results of the new tendency to attempt to reach friendly settlements of cases.  The Commission commended the positive attitude of governments in the attempts to reach a friendly settlement in cases involving Argentina, Colombia, Guatemala, Honduras, Nicaragua and Paraguay.

          During this session, the Commission analyzed the advances obtained in the consultation on the draft Inter-American Declaration on the Rights of Indigenous Peoples.  Meetings had been held in Canada, the United States and Mexico and new meetings were agreed upon to continue the consultation.  The Commission also analyzed the progress made in its report on instances of discrimination against women to be based on information submitted in response to its questionnaire.

          With regard to the study which the Commission is preparing on the "Conditions of Detention in the Americas," the Commission considered the information obtained during its visit to Venezuela and accepted an invitation of the US Government to visit the "Marielitos" in the prisons of Louisiana in December 1996.

          During this session the Commission paid homage to Fernando Volio Jiménez, a distinguished Costa Rican jurist who died on May 21, 1996, and who had been a member of the IACHR for three years.

          The Commission also decided to begin compiling information for its study on the "Situation of Migrant Workers and their Families in the Hemisphere."

          During this session the Commission met with Drs. Kisanga, Umozurike and Dankwa, members of the African Commission of Human and Peoples' Rights, with whom it had the opportunity to exchange views regarding the experiences of the two bodies.

          The Commission began its analysis of the information obtained during its on-site visits to Mexico and Brazil.

          Regarding the process of constitutional reform in El Salvador, which is intended to extend the application of the death penalty to certain crimes to which it did not previously apply, the Commission decided to send a note to the Government expressing its concern in this regard, indicating that if this extension is approved, El Salvador would be in violation of its international obligations under the American Convention.  Finally, the Commission approved a report on Ecuador to be sent to that Government.

          d.       94th Special Session

          During this session the Commission approved reports on several pending cases, decided on the possible submission of certain cases to the Court and decided that other cases should be filed. 

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

          The Commission attended the twenty-sixth regular session of the General Assembly in Panama City, Panama.  It was represented by IACHR Chairman, Dean Claudio Grossman; the First Vice Chairman, Ambassador John S. Donaldson, and the Second Vice Chairman, Professor Carlos Ayala Corao, assisted by the Executive Secretary, Ambassador Jorge E. Taiana, and the two Assistant Executive Secretaries, Dr. Domingo Acevedo and Dr. David Padilla.

          Various resolutions were adopted at this Assembly, including one, AG/RES. 1390 (XXVI-0/96), proposed by the Government of Nicaragua, entitled "Renewed Request for Comments and Observations on the Proposed Amendment to Article 34 of the American Convention on Human Rights" by which the membership of the Commission would be increased from 7 to 11 members.  The following resolution was adopted at this Assembly on the Annual Report of the IACHR:

                                                     AG/RES. 1404 (XXVI-0/96)

           ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

(Resolution adopted at the eighth plenary session,

held on June 7, 1996)

                   THE GENERAL ASSEMBLY,

                   HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights to the General Assembly (CP/doc.2731/96) and the presentation thereof by the Chair of the Commission, together with the observations and recommendations presented by the Permanent Council in regard to the Annual Report of the Inter-American Commission on Human Rights (AG/doc. 3336/96 rev.1); and

          CONSIDERING:

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

                   That the Inter-American Commission on Human Rights, established at the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in 1959, has as its principal function, pursuant to the OAS Charter, to promote the observance and protection of human rights and to serve as a consultative body of the Organization in this respect;

                   That the ideal of a free human being, untrammeled by fear and poverty, can be attained only if conditions which allow all individuals to enjoy their economic, social, and cultural rights as well as their civil and political rights are created;

                   That women should be guaranteed the exercise, under equal terms, of their civil, political, economic, social, and cultural rights, as well as lives free of discrimination and violence;

                   That the international protection of human rights enhances or complements the protection offered by the internal law of the member states and is based on the attributes of the human being;

                   That effective exercise of representative democracy is the best guarantee of the full-fledged recognition of human rights; and

                   That there is a growing and healthy tendency on the part of the member states to incorporate the precepts of international treaties on human rights --in particular those in the American Convention on Human Rights-- into their internal legal systems,

          RESOLVES:

                   1.       To take note of the Annual Report of the Inter-American Commission on Human Rights to the General Assembly (CP/doc.2731/96).

                   2.       To urge the Inter-American Commission on Human Rights to continue promoting the observance and protection of human rights as recognized in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights.

                   3.       To recognize the work of the Inter-American Commission on Human Rights to protect and promote the observance and defense of human rights in the Hemisphere, and to urge the member states to continue cooperating with and supporting the Inter-American Commission on Human Rights and to provide it with the resources it needs to fulfill its functions.

                   4.       To urge the member states that have not done so to incorporate instruction on human rights into their education programs at the various levels and as widely as possible, in accordance with their internal legal systems.

                   5.       To receive the observations and recommendations presented by the Permanent Council for consideration by the General Assembly and transmit them to the Inter-American Commission on Human Rights together with this resolution.

                   6.       To take note of the comments and observations made by the member state governments on the annual report and the measures now being adopted by those states to strengthen the promotion, observance, and protection of human rights.

                   7.       To note the progress achieved in the effective observance of human rights in the region, especially the measures currently being adopted by the member states to heighten the promotion, observance, and protection of human rights in their respective countries; and, at the same time, to express their concern over the persistence of situations that impinge on the full and effective exercise of human rights.

                   8.       To urge the member states that have not yet done so to sign, ratify, or accede to, as appropriate, the American Convention on Human Rights or "Pact of San José, Costa Rica"; the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights or "Protocol of San Salvador"; and the other inter-American instruments for the promotion and protection of human rights.

                   9.       To recommend to the member states that they consider the possibility of accepting the compulsory jurisdiction of the Inter-American Court of Human Rights, in keeping with Article 62 of the American Convention on Human Rights.

                   10.     To urge the member states to devote special efforts, pursuant to their laws, to eliminating all forms of discrimination against women, as a means of protecting their human rights.

                   11.     To urge the member states to guarantee and exercise special vigilance with regard to the human rights of indigenous people, minors at risk, refugees, persons with disabilities, migrant workers and their families, detainees and prisoners, marginalized or minority groups, and victims of racial discrimination; to urge them to create conditions that will foster harmony and tolerance among those groups and all sectors of society; and to call upon the Inter-American Commission on Human Rights to continue paying special attention to these matters.

                   12.     To reiterate recommendation made to the Inter-American Commission on Human Rights in resolution AG/RES. 1112 (XX-O/91) that it continue to cover in its annual report its activities to promote observance and awareness of human rights in the member states.

                   13.     To instruct the Permanent Council to evaluate the working of the inter-American system for the protection and promotion of human rights so as to initiate a process leading to its improvement, possibly by modifying the respective legal instruments as well as the methods and working procedures of the Inter-American Commission on Human Rights, for which it shall request the cooperation of the Commission and the Inter-American Court of Human Rights; and to instruct it to report to the General Assembly at its next regular session.

                   14.     To urge the member states to continue cooperating with the Inter-American Commission on Human Rights in conducting on-site visits, pursuant to applicable provisions, given the importance of such visits to the protection and promotion of human rights; and to express their appreciation to those states that have issued invitations to the Commission.

                   15.     To promote dialogue between member states, between those states and the Inter-American Commission on and Court of Human Rights, and with experts in the field, so as to contribute to a process of reflection leading to improvement of the inter-American human rights system.

                   16.     To recommend to the Inter-American Commission on Human Rights that it continue to give priority to adoption of the necessary measures to remedy the situation of persons held in custody awaiting trial and the overcrowding of prisons, and to request that the Commission present a report on those topics to the General Assembly at its next regular session.

                   17.     To request the Inter-American Commission on Human Rights to continue to report on measures taken in response to the observations and recommendations of the Permanent Council that were transmitted by the General Assembly.

                   18.     To urge the Inter-American Commission on Human Rights to continue attaching special importance to dialogue with the member states in regard to progress achieved in and difficulties that have impeded the observance of human rights.

                   19.     To condemn vehemently all forms of racism, racial or religious discrimination, xenophobia, and intolerance and to urge the member states to take effective measures to promote tolerance and eliminate all forms of racist and discriminatory conduct.

                   20.     To recommend to the Inter-American Commission on Human Rights that it include in its next annual report an evaluation of the situation of migrant workers and their families in the Hemisphere.

                   21.     To urge the Inter-American Commission on Human Rights to establish a dialogue with the member state governments, indigenous organizations and communities, the Inter-American Indian Institute, legal experts, and government authorities with regard to the draft Inter-American Declaration on the Rights of Indigenous Peoples, so that the text of the draft declaration will reflect their concerns as well as the work of the United Nations in this area.

          3.         VISITS CONDUCTED BY THE COMMISSION

          a.       Visit to Mexico

          The Inter-American Commission on Human Rights, by invitation of the Government of Mexico, carried out an on-site visit during July 15-24, 1996, in order to observe the human rights situation in that country.  This was the first visit that the Commission has ever carried out to Mexico.

          All seven members of the Commission participated in this mission:  Dean Claudio Grossman (Chairman), Ambassador John S. Donaldson (First Vice Chairman), Dr. Carlos Ayala Corao (Second Vice Chairman), Dr. Oscar Luján Fappiano, Ambassador Alvaro Tirado Mejía, Dr. Jean Joseph Exumé and Professor Robert Goldman.  Also participating on the mission were Ambassador Jorge E. Taiana, the Executive Secretary, the two Assistant Executive Secretaries, Drs. Domingo Acevedo and David Padilla, Dr. Osvaldo Kreimer, and Dr. Ibrahim Garcia, the staff lawyer in charge of Mexico.  Administrative assistance was provided by Ms. Rosario McIntyre, Ms. Martha Keller and Ms. Tania Hernández.

          The Commission met with the President of Mexico, Dr. Ernesto Zedillo Ponce de León and with other high officials of the Mexican government as well as with Representatives of the Congress of the Union and Members of the Judiciary.  It travelled to Chiapas, Guerrero and Baja California.  It also attended a seminar on "Migration and Human Rights" at the Colegio de la Frontera Norte in Tijuana.

          Due to the information collected and the Commission's overall review of the human rights situation in Mexico, it was possible to obtain an overall assessment of the human rights situation in that country.

          b.       Prison Project Visit in the United States

          The Inter-American Commission on Human Rights, by invitation of the United States Government, visited Allenwood, Pennsylvania on April 26, 1996 to evaluate the conditions of detention of the "Marielitos" (Cuban prisoners) in that federal penitentiary.

          The IACHR's special delegation was comprised of Ambassador John S. Donaldson, First Vice President and members Ambassador Alvaro Tirado Mejía and Dr. Jean Joseph Exumé.  Also participating on the mission were Dr. David Padilla, Assistant Executive Secretary, Dr. Relinda Eddie, the staff attorney in charge of the United States, Mr. Henry Mac-Donald and Mrs. Tania Hernández of the Secretariat, as well as Mr. Michel Valeur and Mrs. Miriam Deutsch, interpreters.

          The Commission received information from the inmates regarding general conditions of detention, the availability of medical facilities and services, housing accommodations, educational opportunities offered at the institution, recreational and vocational programs, arrangements for annual review of detention for post-sentence detainees, the availability of legal aid, difficulties for relatives living at remote distances to travel and visit and methods of discipline.

          The Inter-American Commission on Human Rights also visited, by invitation of the United States Government, other "Marielitos" (Cuban prisoners) in various penal institutions in Louisiana.  The Working Group on Prisons and Prison Conditions in the Americas visited the prisons of Avoyelles Parish in the city of Marksville and Orleans Parish in New Orleans, both in Louisiana, from December 9-12, 1996.

          The Working Group was comprised of Ambassador John S. Donaldson, first Vice-Chairman of the Commission, as well as Commission members, Ambassador Alvaro Tirado Mejía and Dr. Jean Joseph Exumé.  The members were assisted by Dr. David Padilla, Assistant Executive Secretary, Dr. Relinda Eddie, the staff lawyer in charge of the United States and Dr. Bertha Santoscoy.  Ms. Tania Hernández provided administrative assistance.

          The issues raised were the same as those raised with the "Marielitos" visited at the Allenwood, Pennsylvania facilities earlier in the year.

          A comprehensive report of the Commission's visits to these penitentiaries will be prepared.

          c.       Prison Project Visit in Venezuela

          The Inter-American Commission on Human Rights, by invitation of the Government of Venezuela, carried out an on-site visit to Venezuela during May 13-17, 1996 in order to observe the prison situation in that country.

          The Working Group on Prisons and Prison Conditions is comprised of the First Vice Chairman, Ambassador John S. Donaldson and Dr. Jean Joseph Exumé.  Also participating on the mission were Dr. David Padilla, Assistant Executive Secretary, Dr. Milton Castillo, the staff lawyer in charge of Venezuela, Dr. Bertha Santoscoy and Dr. Relinda Eddie.  Administrative assistance was provided by Ms. Tania Hernández and Ms. Blanca Cáceres.

          This was the first visit that the Commission had ever carried out in Venezuela.  The Working Group met with governmental authorities, representatives of Congress and the Judiciary, representatives of nongovernmental organizations and experts in the prison system, as well as with prisoners and their family members.

          The Working Group divided into two groups.  The first visited el Retén e Internado Judicial de Catia (Caracas), Internado Judicial Capital "El Rodeo" (Estado Miranda), the Center for Immediate Attention to Minors "Carolina Uslar" (Caracas) and the Penitentiary of Carabobo (Estado Carabobo).  The second group visited the Reeducation Center El Paraíso "La Planta" (Caracas) and the National Prison of Maracaibo "Sabaneta" (Estado Zulia).

          The Working Group met with the President of Venezuela, Dr. Rafael Caldera, with the Minister of Foreign Affairs, Dr. Miguel Angel Burelli, with the Minister of the Secretariat of the Presidency, Dr. Asdrúbal Aguiar, with the Minister of Justice, Dr. Henrique Meier and with the President of the Supreme Court, Dr. Cecilia Sosa, among others.

          The intense work of observation carried out by the Working Group during this visit and the many contacts made during the same, have allowed it to attain a global vision of this complex and delicate situation.  The Working Group will use the valuable information which it was able to collect during this visit for the report which it will draft on the prisons and prison conditions in the hemisphere.

          d.       Special Mission to the Dominican Republic

          From March 14-17, 1996 a special delegation of the Commission, comprised of Dean Claudio Grossman, President of the IACHR and Dr. Bertha Santoscoy, the staff lawyer in charge of the Dominican Republic, traveled to that country in order to investigate Case 10.832 concerning Mr. Luis Lizardo Cabrera.

          During the course of the visit the Commission's delegation met with the Minister and Vice Minister of Foreign Affairs, with representatives of the Judiciary as well as with members of the Police and the Prison System of the Dominican Republic.

          In addition, the Commission's delegation visited the "Najayo" prison and met in private with Mr. Luis Lizardo Cabrera.  Thereafter it met with Mr. Cabrera's wife and with his representatives.

          e.       Special Mission to Argentina

          From July 2-8, 1996, a special delegation of the Commission, comprised of Professor Robert K. Goldman and Dr. Mario López Garelli, the lawyer in charge of Argentina, travelled to that country in order to promote and consolidate the friendly settlement procedure in Case 11.219 concerning Mr. Paulo C. Guardatti, and also the case of Garrido and Baigorria, which is pending before the Inter-American Court of Human Rights.

          The activities carried out during this mission included meetings with authorities of the federal Government, the government of the Province of Mendoza, and representatives of the victims in these cases, which included a trip to the above-mentioned province.

          The mission also held working meetings with representatives of the victims of other cases pending before the Commission, with nongovernmental human rights organizations and other national authorities with connections to the IACHR.

          f.        Special Mission to Guatemala

          Dr. David Padilla, Assistant Executive Secretary, made a special trip to Guatemala during December 28, 1996 - January 1, 1997, to represent the Commission at the celebration of the achievement of the Guatemalan Peace Accords in Guatemala City, Guatemala.

          4.         PRECAUTIONARY AND PROVISIONAL MEASURES ISSUED AND IN FORCE IN 1996

          The Commission has decided to include in this chapter a report on the Precautionary Measures requested by the Commission from the member states of the Organization, on its own initiative, or at the request of an interested party, under the provisions of Article 29 of its Rules of Procedure, in cases of extreme gravity and urgency in which it is necessary to avoid irreparable damage to persons.[1]

          Also included are the provisional measures issued by the Court at the request of the Commission in situations of extreme gravity and urgency, under the provisions of Article 63.2 of the American Convention on Human Rights.[2]

          The precautionary measures are presented in the same order as admitted for review by the Commission; name of the person or persons on whose behalf they are being requested; summary of the facts on which the claim is based; rights of the persons exposed to grave and imminent danger; number of the case, if it has a number; date on which the Commission requested the measures indicated; name of the state to which the requests were submitted.  The provisional measures were also recorded in the same order as presented and include the name of the person or persons on whose behalf they are being requested; summary of the facts and of the rights exposed to grave and imminent danger; date on which the Commission decided to submit the situation to the consideration of the Court; name of the state where the actions at issue occurred; the date on which the Court adopted the decision related thereto. 

          a.         Precautionary Measures issued or extended by the Commission in 1996

          On January 24, 1995, the Inter-American Commission on Human Rights requested the State of Mexico to adopt precautionary measures in order to protect the life and personal integrity of Mrs. Virginia Galeana García, witness in Case No. 11.520, Aguas Blancas, whose life was gravely and imminently threatened.  The request for such measures extended to the other two witnesses in the case indicated and their family members.  On February 7, 1996, the State of Mexico responded to this request.

          On January 29, 1995, the Inter-American Commission on Human Rights contacted the State of Mexico and requested exceptional measures for the protection of Mr. David Fernández Dávalos, Director of the Miguel Agustin Pro Juarez Human Rights Center, the attorney José Lavadero Yanez and Rocío Culebro Bahena, Technical Secretary of the National System of Human Rights Civil Organizations “Every Right For All”, whose lives and personal integrity were gravely and imminently threatened.  Subsequently, the Commission requested the Mexican Government to extend and broaden these measures to other persons.  This situation is being reviewed under Case No. 11.682.  The State of Mexico, on February 9, September 10 and October 15, 1996, has sent responses with regard to this case.

          On February 17, 1995, the Commission requested the Federal Republic of Brazil to take urgent precautionary measures to protect the life and personal integrity of Father Ricardo Rezende, Vicario de Rio Maria in the State of Parana.  On March 20, 1996, the Commission requested that these measures also extend to Father Henri des Roziers.  Subsequently, on April 23, 1996, the Commission requested the State of Brazil to extend the protective measures to Mrs. María da Conceicâo Carneiro and her family.  In August 1996, the Commission reiterated the request for precautionary measures on behalf of these persons.

          On June 1, 1995, the Commission requested the State of Ecuador to implement precautionary measures on behalf of Mr. Jorge Vásquez Durand whose case was under review by the Commission under Nº 11.458 and who had been receiving grave and imminent threats against his person.  The Commission reiterated its concern for the situation of Mr. Vásquez Durand on October 31, 1995, November 30, 1995 and April 2, 1996.  The State of Ecuador has not responded at any time to the request for precautionary measures repeatedly submitted by the Commission.

          The Inter-American Commission on Human Rights, on November 30, 1995, transmitted to the State of Guatemala a request for precautionary measures on behalf of César Ovidio Sánchez Aguilar, official of the Myrna Mack Foundation and of an indigenous peoples’ organization in Santa Barbara, Huehuetenango.  As a result of his work, Mr. Sánchez was threatened and attacked by local militia patrols and commissioned military officers in late 1995.  As a result of these events, Mr. Sánchez was obliged to leave the community.  The state declined to implement the measures requested, alleging that the matter was a private problem between individuals.  The Commission reiterated its request for precautionary measures on March 26, 1996.