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CHAPTER II
LEGAL BASES AND ACTIVITIES OF THE IACHR DURING 1999
A.
Legal bases, functions and powers
1.
The Inter-American Commission on Human Rights (IACHR) is an
autonomous, principal organ of the Organization of American States
(OAS). Its mandate is found in the OAS Charter and the American
Convention on Human Rights. The IACHR represents all of the member
States of the OAS. The Commission is composed of seven members who act
independently, without representing any particular country. The members
of the IACHR are elected by the General Assembly of the OAS for a four
year period that can be renewed.
2.
The Inter-American Commission on Human Rights is one of two
bodies in the inter-American system for the promotion and protection of
human rights. The Commission has its headquarters in Washington, D.C.
The other human rights body is the Inter-American Court of Human Rights,
which is located in San José, Costa Rica.
3.
The IACHR meets in ordinary and special sessions several times a
year. The Executive Secretariat of the IACHR carries out the tasks
delegated to it by the IACHR and provides legal and administrative
support to the IACHR as it carries out its work.
4.
In April of 1948 the OAS approved the American Declaration of the
Rights and Duties of man in Bogotá, Colombia, the first international
human rights instrument of a general nature. The IACHR was created in
1959 and held its first session in 1960.
5.
By 1961, the IACHR had begun to carry out on-site visits to
observe the human rights situations in various countries.
Since that time, the IACHR has carried out 77 visits to 23 member
States. Based on its
on-site investigations the IACHR has published 50 special country
reports to date.
6.
In 1965, the IACHR was expressly authorized to examine complaints
or petitions regarding specific cases of human rights violations. By
1999, the IACHR had received thousands of petitions, which have resulted
in more than 12.000 cases which have been processed or are currently
being processed. (The procedure for the processing of individual cases
is described below). The final published reports of the IACHR regarding
these individual cases may be found in the Annual Reports of the
Commission or separately in country reports.
7.
In 1969, the American Convention on Human Rights was adopted. The
Convention entered into force in 1978. As of May of 2000, it has been
ratified by 24 countries: Argentina, Barbados, Brazil, Bolivia, Chile,
Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El
Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela. The
Convention defines the human rights which the ratifying States have
agreed to respect and ensure. The Convention also creates the
Inter-American Court of Human Rights and defines the functions and
procedures of both the Commission and the Court. The IACHR also
possesses additional faculties which pre-date and are not derived
directly from the Convention, such as the processing of cases involving
countries which are still not parties to the Convention.
8.
The IACHR has the principal function of promoting the observance
and the defense of human rights. In carrying out its mandate, the
Commission:
1. Receives, analyzes and investigates individual petitions which
allege human rights violations, pursuant to Articles 44 to 51 of the
Convention. This procedure will be discussed in greater detail below.
2. Observes the general human rights situation in the member
States and publishes special reports regarding the situation in a
specific State, when it considers it appropriate.
3. Carries out on-site visits to countries to engage in more
in-depth analysis of the general situation and/or to investigate a
specific situation. These visits usually result in the preparation of
a report regarding the human rights situation observed, which is
published and sent to the General Assembly.
4. Stimulates public consciousness regarding human rights in the
Americas. To that end, carries out and publishes studies on specific
subjects, such as: measures to be taken to ensure greater independence
of the judiciary; the activities of irregular armed groups; the human
rights situation of minors and women, and the human rights of
indigenous peoples.
5. Organizes and carries out conferences, seminars and meetings
with representatives of Governments, academic institutions,
non-governmental groups, etc. in order to disseminate information and
to increase knowledge regarding issues relating to the inter-American
human rights system.
6. Recommends to the member States of the OAS the adoption of
measures which would contribute to human rights protection.
7. Requests States to adopt specific "precautionary
measures" to avoid serious and irreparable harm to human rights
in urgent cases. The Commission may also request that the Court order
"provisional measures" in urgent cases which involve danger
to persons, even where a case has not yet been submitted to the Court.
8. Submits cases to the Inter-American Court and appears before
the Court in the litigation of cases.
9. Requests advisory opinions from the Inter-American Court
regarding questions of interpretation of the American Convention.
9.
At present the Commission is processing about 1.000 individual
cases. Any person, group or
non-governmental organization may present a complaint to the Commission
alleging the violation of a right protected by the American Convention
on Human Rights and/or the American Declaration of the Rights and Duties
of Man. The denunciation may be presented in any of the four official
languages of the OAS (English, French, Portuguese or Spanish) and may be
presented on behalf of the person filing the complaint or on behalf of a
third party.
10.
The Commission may only open a case when it is alleged that an
OAS member state is responsible for the human rights violation in
question. The Commission
applies the American Convention to states parties to the treaty.
With respect to non-state parties, the Commission applies the
American Declaration of the Rights and Duties of Man.
B.
The Commission’s sessions in 1999
11.
During this reporting period, the Commission met on the following
four occasions: It held its 102nd regular session from
February 22 to March 12, 1999; its 103rd special session was
held between May 3 to May 7, 1999; its 104th regular session
was held from September 27 to October 8, 1999; and its 105th
special session was held on November 19 and November 21, in San José,
Costa Rica.
1. 102nd regular session
12.
The Commission held its 102nd regular session from
February 22 to March 12, 1999. At the outset the Commission elected its new officers. The
United States jurist Professor Robert K. Goldman was elected Chairman of
the Commission, Dr. Hélio Bicudo, the Brazilian jurist was elected
First Vice-Chairman, and the Chilean jurist, Dean Claudio Grossman,
Second-Vice Chairman. The other members of the Commission were Prof.
Carlos Ayala Corao, (Venezuela) Dr. Jean Joseph Exume, (Haiti) Dr.
Alvaro Tirado Mejia, (Colombia) and Sir Henry Forde (Barbados).
13.
During this session the Commission considered and approved the
Annual Report for 1998, which the IACHR presented to the OAS General
Assembly at its twenty-ninth regular session, which was held in Antigua,
Guatemala and Guatemala City, Guatemala in June of 1999.
14.
Also, during this session the Commission examined numerous
individual human rights petitions which alleged violations of the
American Convention and/or the American Declaration of the Rights and
Duties of Man, and issued a total of 60 reports on those cases and
petitions. The Commission held 44 hearings on individual petitions and
cases of general and specific human rights situations in various member
states of the OAS. At those
hearings, the Commission heard from representatives of the States and
from representatives of the victims of the alleged human rights abuses.
The Commission also reviewed the processing of individual cases, and
followed up on recommendations made by the IACHR in its various reports.
In addition, the Commission analyzed and issued precautionary
measures on a number of requests for these measures, and issued
precautionary measures on those requests to avoid irreparable damage to
the persons concerned. Pursuant
to Articles 48(1)(b) of the American Convention and 35(c) of its
Regulations, after examining various files, the Commission decided to
suspend consideration of 14 cases.
15.
In addition, during this session, the Commission considered and
approved its Third Report on the Human Rights Situation in Colombia,
pursuant to its mandate as established in the American Convention on
Human Rights (Article 41), its Statute (Article 8) and its Regulations
(Article 62). The Report
was compiled from information and documents received before, during and
after the on-site visit which was conducted by the Commission in the
Republic of Colombia from December 1, to December 8, 1997, at the
invitation of the Government of Colombia. The report reflected the
extremely complex nature of the situation in Colombia and the existence
of multiple actors contributing to the violence in that country.
16.
During the same session, the Commission reviewed the various
activities of its special rapporteurs.
The Commission studied and approved the report of the Rapporteur
for Freedom of Expression, Dr. Santiago Canton in fulfilling the mandate
entrusted to him on the creation of his rapporteurship.
In the area of indigenous rights, Prof. Carlos Ayala Corao,
rapporteur, chaired the Commission’s delegation to the Meeting of
Government Experts on the Proposed American Declaration on the Rights of
Indigenous Peoples from February 10 –12, 1999.
This was the first such meeting attended by indigenous groups
from various countries in the hemisphere together with official
delegations. On February 16, 1999, Prof. Ayala presented his work to the
Commission on the second OAS/World Bank working meeting on partnership
in matters of cultural heritage. Prof. Ayala also reported on his future
activities in relation to his rapporteurship with special emphasis on
the negotiation and adoption of the proposed Declaration.
17.
During this session, the Commission also considered the 1999 work
program of First Vice-Chairman, Hélio Bicudo, rapporteur for
children’s rights. The
Commission indicated that it would evaluate the progress made in this
area at its next regular session. The
Commission studied the Progress Report, which was submitted by Dr.
Alvaro Tirado Mejia, rapporteur for the rights of migrant workers and
their families in the Americas. The
Commission likewise studied the replies of member states and
nongovernmental organizations to the questionnaire on this topic, which
were sent to them in1998.
18.
During the period under review, based on the proposal of Dean
Claudio Grossman, rapporteur for women’s rights, the Commission
published the Report on the Status of Women’s Rights in the Americas
as a separate document. The
Commission indicated that the report was the first installment in a new
special series which would be published by the Commission to call the
attention of the international human rights community to certain
specific topics such as the one in question.
In light of the recent celebration of International Women’s
Day, the Commission again urged OAS member states to immediately adopt
the necessary steps to fulfill their commitment to eliminate all
discriminatory measures against women in the Americas.
19.
Moreover, during this session, the Commission indicated that the
voluntary fund established at its 98th regular session for
the work of its special rapporteurs remained open to receive
contributions from member states, observers, multilateral organizations,
cooperative agencies, foundations, and private institutions.
The Commission stated that it hoped that the voluntary fund would
receive the necessary support to enable those rapporteurships to fulfill
their role in fostering progress toward the full protection of the
persons and rights on which the rapporteurs focus their efforts.
The Commission noted the pledges made by Argentina and by the
Kingdom of Sweden to contribute to the voluntary funds which was
established for the Commission’s rapporteur on freedom of expression.
The Commission also indicated that it was pleased to learn that
the Kingdom of Spain would make a contribution to strengthening the
IACHR’s documentation center and supporting its publications.
2. 103rd special session
20.
The Commission held its 103º special session from May
3 to May 7, 1999. Chairman Robert K. Goldman, on behalf of the IACHR,
delivered the Commission’s 1998 Annual Report to the Committee on
Juridical and Political Affairs of the Permanent Council of the OAS on
May 6. At the same time,
the Chairman of the Commission delivered the published versions of the
Report on the Human Rights Situation in Mexico and the Third Report on
the Human Rights Situation in Colombia, which had been approved during
the 99th and 102 nd sessions.
21.
The Commission’s 1998 Annual Report was published in three
volumes. Volume I contains
the origin and legal bases of the IACHR, the Commission’s activities,
and reports on individual petitions and cases.
Volume II comprises the chapter on individual cases, an analysis
of human rights developments in the region, the follow-up on the
IACHR’s past recommendations, special studies, and the Commission’s
recommendations to member states concerning areas in which steps should
be taken to achieve full observance of human rights.
Volume III of the Annual Report contains the Report of the
Rapporteur for Freedom of Expression.
22.
Also, during this session, the Commission examined numerous
individual communications concerning alleged violations of the American
Convention and/or the American Declaration of the Rights and Duties of
Man, and issued a total of 25 reports on individual cases and petitions.
Pursuant to Articles 48(1)(b) of the American Convention and 35
(c) of its Regulations, after examining various files, the Commission
decided to suspend consideration of 6 cases.
23.
During the session, the Commission studied the states’
responses to the questionnaires concerning the situation of migrant
workers and their families in the hemisphere, which were submitted
subsequent to the IACHR’S 102nd regular session.
Commissioner, Dr. Alvaro Tirado Mejia, rapporteur for the rights
of migrant workers and their families, informed the Commission of recent
developments on this topic in the OAS member states.
24.
Also during the period under review, in consideration of the
proposal made by Dean Claudio Grossman, rapporteur for women’s rights,
the Commission reviewed several individual cases regarding the rights of
women, as well as the status of legislative reform pertaining to
women’s rights in the Americas, pursuant to Recommendation Nº 6 of
Chapter VIII of the IACHR’s 1998 Annual Report.
The rapporteur also informed the Commission of his concern about
the situation of domestic violence against women in the hemisphere,
which he considered to be a serious matter.
25.
During the session, the Commission reviewed preparations for
various on-site visits, which were planned for 1999.
The Commission also proposed dates for a future visit to Paraguay
in response to that State’s invitation.
In addition, the Commission also decided to continue to conduct
special on-site visits to several locations in the United States,
pursuant to the invitation issued by the Government of the United States
of America. Moreover, with
regard to Haiti’s invitation to the Commission to conduct an on-site
visit to Haiti, the Commission continued its discussions with the
representatives of that State in order to finalize dates for the visit.
3. 104th regular session
26.
The Commission held its 104th regular session from
September 27th to October 8, 1999.
At the inauguration of the Commission’s meeting Prof. Robert K.
Goldman, Chairman of the Commission, in his opening remarks before the
Committee on Juridical and Political Affairs, referred to the recently
initiated dialogue on the inter-American human rights system.
Prof. Goldman highlighted the importance of strengthening the
system’s institutional structure, nationally and regionally, in order
to enhance respect for human rights in the Americas.
The Commission’s Chairman also referred to other issues, and
placed special emphasis on the importance of the OAS member states’
compliance with their international obligations in respect of human
rights, the decisions of the system’s organs and the Commission’s
and the Inter-American Court’s budgets.
27.
On September 22, 1999, the President of the Republic of
Venezuela, Hugo Chavez, Frias, requested a meeting with the Commission
at the IACHR’s headquarters in Washington, D.C.
The Commission was honored to receive the President of Venezuela
with his distinguished retinue, which included Venezuelan Minister of
Foreign Affairs, José Vicente Rangel.
28.
In a separate press release issued on September 22, 1999,
concerning the President of Venezuela’s visit to the Commission, the
IACHR stated that the meeting with the President of the Republic of
Venezuela enabled it to take note of the President’s present and
future vision of Venezuela.
The President of Venezuela expressed his support for the work of the
Commission and conveyed the interest of the Government of Venezuela in
respecting and observing human rights during its process of
constitutional reform.
29.
During the meeting with the President of Venezuela, the President
invited the Commission to conduct an on-site visit to Venezuela.
On behalf of the Commission, the Chairman accepted the invitation
to be conducted, at a mutually agreed date in the future.
30.
During the same regular session, the Commission received the
Minister of Foreign Relations of the Republic of Paraguay, José Félix
Fernández Estigarribia. During
the meeting, Minister Fernández Estigarribia reiterated the
institutional support of Paraguay for the work performed by the organs
of the Inter-American human rights system.
The Commission and Minister Fernández Estigarribia explored
various possibilities for cooperation and human rights promotion.
31.
In addition, during this session, the Commission held a meeting
with the Minister of Foreign Relations of El Salvador, Eugenia Brizuela
de Avila. The Minister discussed issues relating to the protection and
promotion of human rights in El Salvador, and mentioned some initiatives
taken by her Government. During
the meeting, the Commission took the opportunity to reiterate its
interest in the strengthening of democratic institutions and in the
effective observance of human rights in El Salvador.
Commissioner Alvaro Tirado Mejia, the IACHR’s rapporteur on the
status of migrant workers and their families, expressed the
Commissioner’s interest in participating as a permanent observer at
the Regional Conference on Migration, known as the “Puebla Process,”
and announced that this initiative would soon be formalized.
32.
In addition, during this session, the Commission received Mr.
Olara Otunnu, special Representative of the United Nations
Secretary-General for Children and Armed Conflict.
Mr. Otunnu referred to the importance of addressing the issue of
children in armed conflict in the context of the structural foundation
of societies; he also highlighted the serious consequences of armed
conflicts in Latin America for minors and children.
Commissioner Hélio Bicudo discussed some of the Commission’s
activities for protecting and promoting the rights of the child. The
Commission and the special Representative agreed to establish regular
communication in this area.
33.
Moreover, during the session, the Commission received a
delegation from the Inter-American Press Association (IAPA), including
its President, Jorge Fascetto, and several top-level officers.
The members of the IAPA’s delegation discussed various problems
pertaining to freedom of expression and filed four petitions alleging
violations of the right to life and freedom of expression of journalists
in various countries.
34.
During the period under review, the Commission held 51 hearings
on individual cases, the general human rights situation in the member
states of the OAS, precautionary measures, and other issues under its
jurisdiction. With regard to friendly settlements, the Commission held
hearings and working sessions pertaining to Argentina (4 cases), Brazil
(3 cases), Colombia (3 cases), Ecuador (19 cases) Guatemala (2 cases),
Mexico (4 cases) Paraguay (5 cases), and Peru (2 cases).
In addition to the 19 cases referred to above from Ecuador, the
Government of Ecuador reported that it would soon sign friendly
settlement agreements in eight cases in which discussions were under
way. The Commission
indicated that it would continue to place the utmost priority on solving
cases pursuant to the mechanism established in Article 48(1)(f) of the
American Convention.
35.
Also during the regular session, the Commission continued to
study several individual communications alleging human rights violations
protected by the American Convention and/or the American Declaration of
the Rights and Duties of Man. The
Commission adopted 42 reports on individual cases and petitions.
Pursuant to Articles 48(1)(b) of the American Convention and 35(c) of
its regulations, after examining various files, the Commission decided
to suspend consideration of 21 cases.
36.
In addition, during this session, the Commission considered the
observations which were submitted by the Government of the Dominican
Republic on the preliminary text of the Report on the Situation of Human
Rights in the Dominican Republic. The Commission analyzed this information, and, where
appropriate, incorporated the information into the final version of the
Report on the Dominican Republic, which was approved by the Commission
for publication. The Report
analyzed the administration of justice and the conditions of prisons and
prisoners. The Report also contained information on the situation of
migrant workers, women, and minors. The Commission noted in the Report
that the problems which affect the full observance of human rights in
the Dominican Republic, did not reflect from a state policy aimed at
violating human rights. The
Commission recognized in the report that the Dominican authorities faced
structural problems, cultural patterns inherited from its authoritarian
history, anachronistic institutions, and a lack of resources.
37.
Moreover, in its Report on the Dominican Republic, the Commission
made recommendations to the State requiring it to fully comply with its
international obligations in respect of human rights in that State. The
Commission also expressed its gratitude to the State for providing the
facilities, and its cooperation during the on-site visit, and for the
documentation provided. In
addition, the Commission expressed it thanks to the private individuals
and non-governmental organizations for the information it provided to
the Commission during the visit.
4.
105th special session
38.
The Commission held its 105th special session in San
José, Costa Rica, on November 19 and 21, 1999.
Prof. Robert K Goldman, Chairman of the Commission, Dr. Hélio
Bicudo, First Vice-Chairman; Dean Claudio Grossman, Second
Vice-Chairman, and Commissioners Dr. Carlos Ayala Corao, Dr. Jean Joseph
Exumé and Dr. Alvaro Tirado Mejía, were present at the meeting.
In addition, the Commission was assisted by the following members
of the Commission’s Secretariat:
Ambassador Jorge E. Taiana, Executive Secretary, and Dr. David
Padilla, Assistant Executive Secretary.
During the session the Commission examined 15 petitions and
individual cases and adopted a number of reports on admissibility and
merits.
C.
Special and on-site visits conducted by the Commission
1.
Visit to the United States (Texas)
39.
The Inter-American
Commission on Human Rights conducted an on-site visit to El Paso, Texas
from July 7 to 9, 1999, at the invitation of the Government of the
United States of America, for the purpose of observing and gathering
information concerning immigration and asylum processes and the
situation of migrant workers in that region.
40.
The Commission’s delegation was composed of Dr. Jean Joseph
Exume, Commission Member; Dr. David J. Padilla, Assistant Executive
Secretary of the Commission; Drs. Relinda Eddie and Pablo Saavedra,
human rights attorneys; Tania Hernandez, administrative assistant;
Gerard Francois and Elizabeth Roure, interpreters.
41.
During its stay in El Paso, Texas, the Commission met with Luis
Garcia, District Director for Immigration and Naturalization in El Paso
District; Michael D. Moon, Assistant Chief Patrol Agent of the United
States Border Patrol; Vincent J. Clausen, Assistant District Director
for Detention and Deportation for the Department of Justice and the
Immigration and Naturalization Service;
Benjamin Rincon Jr., Chief Detention Enforcement Officer of the
Immigration and Naturalization Service, El Paso District; Joseph A.
Mongiello, Port Director of the Bridge of the Americas Port of Entry;
Isabel Mullens, Port Director of Paso del Norte Port of Entry; Mr.
Richard Duran, Port Director of Ysleta, Zaragoza Port of Entry; and
Barbara A. Hall, Program Director of the Southwest Key Juvenile Center.
42.
The Commission also met with Antonio Rocco Scandiffio, Program
Coordinator and other staff members from the State of Texas Workforce
Commission; and with Mary Lou Morales, Assistant Director of Nursing
Services Program, Texas Department of Health.
43.
In addition, the Commission met with members of the Bar of El
Paso, Texas, immigration advocates and representatives of the following
human rights organizations that interact daily with immigrants, asylees
and migrants: Las Americas Immigrant Center, Texas Rural Legal Aid,
Inc., American Friends Service Committee Immigration Law Enforcement
Monitoring Program, Diocesan Migrant and Refugee Services, Lawyers’
Committee for Civil Rights under the Law of Texas and Immigrant Refugee
Rights Project of El Paso, Southwest Migrant Farm Worker and Native
American Assistance Program (SWAP), Pro Action Healthcare Outreach
Program, Asociación de
Trabajadores Fronterizos, La Mujer Obrera, and El Paso Coalition for
the Homeless Opportunity Center.
44.
The Commission visited the El Paso Processing Center and
Detention Facility of the United States Immigration and Naturalization
service, the Southwest Key Juvenile Center, United States Border Patrol
Sector Headquarters, Paso Del Norte Border Patrol Processing Center,
Ysleta Port of Entry, Bridge of the Americas Port of Entry, and El Paso
del Norte Port of Entry.
45.
Furthermore, the Commission received information on issues
relevant to the purpose of its visit which included the Immigration and
Naturalization Service’s mandate, procedures for processing asylum
seekers and migrants, Operation Hold the Line, the expedited removal
procedure under the Immigration Act, conditions of detention, access to
attorneys and legal representation, trafficking of migrants, alleged
human rights abuses of migrants, as well as the educational, working,
medical and housing conditions of migrants there. The Commission also received information on the impact of
NAFTA on workers in the region.
46.
The Commission intends to use the information it received for the
preparation of a report on the human rights situation of migrant workers
and their families in the hemisphere.
This project was endorsed by the Presidential Summit of the
Americas which was held in Santiago, Chile, as well as by a Resolution
reiterated by the General Assembly of the OAS which was held in
Guatemala in June of 1999. In
furtherance of this study, the Commission plans to conduct a series of
visits to different ports of entry and immigration detention centers in
the United States as well as other countries in the region.
2. Visit to Paraguay
47.
The Inter-American Commission on Human Rights conducted an
on-site visit to the Republic of Paraguay from July 28 to July 30, 1999,
at the invitation of the Government, for the purpose of observing the
general situation of human rights in that country.
48.
The Commission’s Delegation was composed of Professor Robert K.
Goldman, Chairman of the Commission, Professor Hélio Bicudo, First
Vice-Chairman, Dean Claudio Grossman, Second Vice-Chairman, Professor
Carlos Ayala Corao, and Commissioner Dr. Alvaro Tirado Mejia; Ambassador
Jorge E. Taiana, Executive Secretary of the Commission, Dr. David
Padilla, Assistant Executive Secretary of the Commission; Drs. Christina
M. Cerna, Ignacio J. Alvarez, human rights attorneys; Dr. Santiago
Canton, special rapporteur for freedom of expression; and Administrative
Assistants, Ana Cecilia Adriazola and Tania Hernández.
49.
During the visit, the Commission met with government
representatives from the executive, judiciary, and legislative branches,
as well as with different sectors of civil society, including human
rights organizations, church representatives, peasants’ groups and
indigenous communities, trade union leaders, and alleged victims of
human rights abuses. The Commission also visited several prison facilities and
traveled to different regions of the country.
50.
Also during the visit the Commission met with the highest ranking
authorities from the three branches of Government: the President of the
Republic, Dr. Luis Angel González Macchi; the President of the National
Congress, Dr. Juan Carlos Galaverna; and the President of Paraguay’s
Supreme Court of Justice, Dr. Wildo Rienzi Galeano.
51.
The Commission also met with the following government
representatives from the executive branch: Dr. Miguel Abdon Saguier,
Minister of Foreign Affairs; Dr. Silvio Ferreira, Minister of Justice;
Dr. Nelson Argaña Contreras, Minister of Defense; Dr. Walter Bower
Montalto, Minister of the Interior; Dr. Martín Antonio Chiola, Minister
of Health and Social Welfare; Dr. Aníbal de la Cruz Cabrera Veron,
Attorney General of Paraguay; Dr. Cristina Muñoz, Minister of the
Women’s Secretariat; Mr. Enrique José García de Zúñiga Caballero,
President of the Rural Welfare Institute (IBR); Mr. Oscar Optaciano
Villamayor Sánchez, President of the National Indigenous Institute (INDI);
Mr. Modesto Guggiari Zavala, Governor of the department of Concepción;
Mr. César Ramón Alvarenga, Governor of the Department of San Pedro;
Mr. Lucio Vergara Ríos, Governor of the Department of Itapúa.
52.
The Commission likewise met with the following government
representatives from the legislative branch: Senator Juan Carlos
Galaverna, President of the Senate; Senator Luis Alberto Mauro, Chairman
of the Senate Human Rights Committee; Senator José Félix Fernández
Estigarribia, Chairman of the Senate’s Foreign Affairs Committee;
Deputy Efraín Alegre, President of the Chamber of Deputies; Deputy
Sonia de León, Chairman of the Chamber of Deputies Human Rights
Committee; and Deputy Luis Alberto Mendoza, Chairman of the Chamber of
Deputies of the Foreign Affairs Committee. The meeting was also attended
by other senators and deputies from the National Congress.
53.
In addition, the Commission met with the following members of the
judiciary: Supreme Court Justices: Dr. Raúl Sapena Brugada, Dr. Enrique
Sosa, Dr. Felipe Santiago Paredes, Dr. Carlos Fernández Gadea, Dr. Jerónimo
Irala Burgos, Dr. Luis Lezcano Claude, Dr. Elixeno Ayala, and Dr.
Bonifacio Ríos. Moreover, the Commission met with Judge Jorge Bogarín.
At the headquarters of the judicial branch, the Commission
visited the repository of documents, that depicted the repression under
the dictatorship known as the “Archive of Terror.”
54.
During the visit, the Commission had discussions with
representatives from various nongovernmental human rights organizations,
including the National Human Rights Coordinating Office of Paraguay, the
American Association of Jurists (AAJ), the Association of Relatives of
Military Service Victims (AFAVISEM), the Center for Justice and
International Law (CEJIL), the National Human Rights Commission, the
Paraguayan Women’s Coordination Office (CMP), the Indigents Network
(RI), the DECIDAMOS Campaign
for Civic Expression, International Children’s’ Defense (DNI), the
Foundation for State Reform (FUNPARE), the Criminal and Social Sciences
Comparative Studies Institute (INECIP), the Conscientious Objection
Movement (MOC), the National Social Pastorate/Women’s Training and
Study Services (SEFEM), the Paraguay Peace and Justice Service, (SERPAJ
PY), the Union of Journalists of Paraguay (SPP) Tierraviva,
the Committee of Churches for Emergency Help (CIPAE), and the
International Human Rights Law Group.
55.
In addition, during the visit, the Commission met with the
following persons, organizations and groups: Msgr. Pastor Cuquejo, from
the Paraguayan Bishops’ Conference; Professor Luis Alfonso Reseck;
groups representing peasants, such as the National Peasant Federation,
ONAL, Red Rural, and Tekokatur;
workers’ organizations, including CNTI, CUT, and ICESITEP; the
Swindled Savers in Action group; the Coordinating Office of relatives of
Political Prisoners and Victims of Persecution of Paraguay; and alleged
victims of human rights violations.
During the same visit, Dr. Santiago Canton, the special
rapporteur for Freedom of Expression, met with the editors of the
following newspapers: ABC Color,
El Día, La Nación, Noticias, and Última Hora.
He also held meetings with representatives of radio and
television channels.
56.
The Commission held follow-up meetings on cases that were
currently being processed and in which friendly settlement proceedings
were being conducted. These meetings were attended by the following
persons and representatives: Representatives of the Paraguayan
Government; representatives of the Center for Justice and International
Law (CEJIL), the Committee of Churches for Emergency Help (CIPAE), and
the International Human Rights Law Group, acting on behalf of the
alleged victims or their families, some of whom were also in attendance.
57.
During its visit, the Commission conducted scheduled activities
in Asunción, Encarnación, San Pedro, and Concepción. In Asunción,
the Commission held meetings with the authorities, individuals, and
institutions listed above, and it also visited three prison facilities:
Tacumbú (men), El Buen Pastor (women), and Panchito López (juveniles).
The Commission toured the installations of all three and met with
prison officials and inmates.
58.
The Commission visited Encarnacion, and met with local
authorities and representatives of civil society. The Commission met
with Mr. Lucio Vergara Ríos, the Governor of Itapúa department; and
also had meetings with representatives of local nongovermental
organizations at the Bishop’s offices, including the Coordination
Office for the Victims of Yacireta, the Social Rights Defense
Commission, and the striking workers of radio Encarnación.
The Commission also visited the penitentiary in Encarnación.
During its visit to the penitentiary in Encarnación, the Commission
toured the facilities and met with prison officials and inmates.
59.
The Commission traveled to San Pedro and Concepción for meetings
with local authorities and representatives of civil society. The
Commission met with César Ramón Alvarenga, Governor of San Pedro, and
met with representatives of the rural communities of Antebi Cue and
Curuzú de Hierro, and with other representatives of the local civil
society, and with church groups and representatives.
The Commission also visited the indigenous communities of Yakye
Axa and Sawhoyamaxa in the Paraguayan Chaco.
60.
During the Commission’s on-site visit to Paraguay, the
Commission received complaints from people claiming, either directly or
through their representatives, to have suffered human rights violations.
The Commission also met with individuals who wished to offer additional
information regarding complaints, which were being processed by the
Commission.
D.
Special visits and other activities
61.
Twelve friendly settlement agreements involving a number of cases
pending before the Commission were signed on June 11, 1999.
62.
On that occasion the IACHR was represented by Commissioner Carlos
Ayala Corao and staff lawyer Pablo Saavedra, in charge of Ecuador in the
Secretariat.
63.
On December 2 and 3 a special delegation of the Commission
conducted a working visit to Managua, Nicaragua.
Prof. Hélio Bicudo, then First Vice-Chairman of the IACHR and
rapporteur for Nicaragua, accompanied by Dr. Bertha Santoscoy, attorney
and desk officer for that country, met with ranking government officials
and human rights groups.
64.
Subsequently, the Government organized a human rights conference
which was attended by government officials, church and NGOs leaders.
Prof. Hélio Bicudo spoke on the inter-American system for the
protection of human rights.
65.
The delegation also visited the National Penitentiary of Tipitapa.
There the delegation observed the great overcrowding in which
prisoners live.
66.
The same day the delegation met with the human rights ombudsman.
It should be noted that the ombudsman is a recently created
office in Nicaragua. The
exchange of views and suggestions there were quite fruitful.
67.
The rapporteur for Honduras, also Prof. Hélio Bicudo, currently
IACHR Chairman, visited that Republic from 4-6 December 1999.
Following an invitation from the Government. Dr. Martha Braga
accompanied him in her capacity as desk officer for Hunduras.
The purpose of the trip was to advance the negotiations of
friendly settlements in a number of pending cases and to hear the views
and obtain information on human rights matters in that country.
68.
The activities carried out by the rapporteur included meetings
with Honduran NGOs that work with children, the signing of a friendly
settlement agreement and the pay of an indemnity to human rights
victims. Other activities
included meetings with NGO´s representing indigenous and garífuna communities. Representatives of other specialized NGOs
dealing in issues such as freedom of expression, the administration of
justice and prisons, also met with the rapporteur.
In addition, the rapporteur met with justices of the Hunduran
Supreme Court and the Under Secretary of State, Tomás Arita Valle, in
the Ministry of Foreign Affairs.
Inter-American
human rights treaties
69.
On January 19, 1999, the Permanent Representative of Venezuela
deposited its instrument of ratification of the Inter-American
Convention on the Forced Disappearance of Persons, and on May 5, 1999,
the State of Bolivia ratified the same instrument, bringing to a total
of seven OAS member states which have ratified that Convention.
Also on that same date, the Permanent Representative of Colombia
deposited the Republic of Colombia’s instrument of ratification of the
Inter-American Convention to Prevent and Punish Torture, making it a
total of 14 member states of the OAS which have ratified this treaty.
70.
On November 16, 1999, Costa Rica ratified the Additional Protocol
to the American Convention on Human Rights in the Area of Economic,
Social and Cultural Rights, also known as the Protocol of San Salvador.
Costa Rica became the eleventh state to ratify the instrument,
thereby bringing it into force.
71.
On November 9, 1999, Ecuador and Nicaragua ratified the
Additional Protocol to Abolish the Death Penalty.
Costa Rica ratified the same Protocol on February 8, 2000.
Fellowships
72.
The Commission continued in 1999 with its “Rómulo Gallegos
Fellowships” training program. The
program provides training in the inter-American system for the
protection and promotion of human rights for young attorneys from
countries in the hemisphere selected annually on a competitive basis.
They must have demonstrated commitment to human rights and very
strong academic credentials. Presently,
the Commission has four Rómulo Gallegos fellows and in addition two
Notre Dame University-IACHR fellows.
These latter are supported through joint financing by the
University and the Commission.
Promotional
activities
73.
The Members of the Commission and the Executive and Assistant
Executive Secretaries and its staff attorneys participated in the Annual
Moot Court Competition on the inter-American system of human rights,
organized by the Washington College of Law of the American University.
74.
The Commission and Secretariat also participated in numerous
international conferences on the inter-American system of human rights
in OAS member states and in Europe and Africa, including Abidján, Côte
d´Ivoire, and Arusha, Tanzania.
75.
The Executive Secretary of the Commission and its staff attorney
also participated in the State of Suriname’s first Annual Moot Court
Competition on the inter-American system of human rights, which was
organized by the University of Suriname.
E.
Activities of the Inter-American Commission in connection
with the Inter-American Court of Human Rights
76.
The Commission continued to litigate a number of matters before
the Inter-American Court of Human Rights.
77.
In 1999, the Commission submitted the following contentious cases
to the Inter-American Court: Case 11.762 (Baruch Ivcher Bronstein
against the State of Peru; Case 11.636 (Jose Maria Cantos) against the
State of Argentine; Case 11.803 (Olmedo Bustos et
al.) against the State of Chile; Case 11.816 (Haniff Hillaire
(Trinidad and Tobago); Case 11.455 (Miguel Aguilera et
al.) against the State
of Venezuela; Case 11.123 (Jose
Carlos Trujillo Oroza) against the State of Bolivia; and Case 11.760
(Constitutional Court) against Peru. With the submission of the above
cases to the Inter-American Court, the Commission now has a total of 23
cases before the Court.
78.
During the Commission’s 104th regular session, on
September 24, 1999, the Inter-American Court issued decisions on
jurisdictional issues in the Baruch Ivcher Bronstein and Constitutional
Court cases, both against the Republic of Peru.
The Court declared that it had jurisdiction to hear both cases,
and ruled that “the attempt by the Peruvian state to withdraw its
declaration recognizing the contentious jurisdiction of the
Inter-American Court of Human Rights, with immediate effect, is
inadmissible.”
79.
In its Press Release Nº 25/99, of September 29, 1999, the
Commission highlighted the solid legal basis of the Court’s decisions,
and stated that “they constitute a significant contribution to
strengthening the Inter-American system for the protection of human
rights.” The Commission reiterated its hope that the Peruvian State
would take advantage of the opportunity to carry out fully its
freely-contracted international obligations in respect of human rights.
80.
Also during the Commission’s 104th regular session,
the Commission took note of Advisory Opinion Nº OC-16/99, “The right
to information on consular assistance in the context of the guarantees
of due process of law,” issued by the Court on October 1, 1999, at the
request of the State of Mexico. The Court inter
alia, was of the opinion that “Article 36 of the Vienna Convention
on Consular Relations recognizes that a foreign detainee has individual
rights, including the right to information regarding consular
assistance” and that “the failure to observe a foreign detainee’s
right to information, recognized in Article 36(1)(b)” of the Vienna
Convention, “affects the guarantees of due process of law and, in
these circumstances, the imposition of the death penalty constitutes a
violation of the right not to be arbitrarily deprived of one’s life in
the terms spelled out in the relevant provisions of the human rights
treaties.”
81.
In addition, on September 29, 1999, the Commission took note of
the Court's judgment on the merits of the case of Gustavo Adolfo Cesti
Hurtado, in which it declared the Peruvian State had violated Articles
7(6) and 25 of the American Convention, to the detriment of the victim.
Consequently, the Court ordered the Peruvian State to “comply
with the resolution issued by the Specialized Chamber of the Public Law
of Lima on February 12, 1997, on the writ of habeas corpus filed by Mr.
Cesti Hurtado.” The Court
also declared that the Peruvian State had violated Articles 7(1), 7(2),
7(3), and 8(1) of the American Convention, to the detriment of Mr. Cesti
Hurtado, and ordered that the reparations stage be initiated to
determine the compensation to be paid to the victim for the violations
found.
F.
Twenty ninth regular session of the OAS General Assembly
82.
During the twenty ninth regular session of the General Assembly,
which was held in Antigua and Guatemala City, Guatemala, the Commission
was represented by its Chairman, Prof. Robert K. Goldman, First
Vice-Chairman, Dr. Hélio Bicudo, Second Vice-Chairman, Dean Claudio
Grossman, and Ambassador Jorge E. Taiana, Executive Secretary of the
Commission. The
Commission’s Chairman addressed the General Assembly on the general
situation of human rights in the OAS member states and formally
presented the Commission's 1998 annual report as well as its country
reports on Colombia and Mexico.
83.
It should be noted that by letter dated September 17, 1999,
Commissioner Sir Henry Forde tendered his resignation as a Commission
member. Subsequently, the Government of Barbados proposed and the
Permanent Council elected Dr. Peter Laurie to serve as a Commissioner
for the remainder of Sir Henry Forde’s term of office.
84.
During the General Assembly the following persons were elected to
serve as Commissioners in the IACHR: Prof. Robert K. Goldman of the
United States of America, Dr.
Juan Méndez of Argentina, Dr. Julio Prado Vallejo of Ecuador, and Dr.
Marta Altolaguirre of Guatemala.
85.
The General Assembly adopted several resolutions in the area of
human rights and humanitarian law.
Because of their importance for the promotion and defense of
human rights in the Americas and for consolidation of the inter-American
system, the following resolutions are reproduced below:
AG/RES.
1609 (XXIX-O/99)
INTER-AMERICAN
DECLARATION ON FREEDOM OF EXPRESSION
(Resolution
adopted at the first plenary session,
held
on June 7, 1999)
THE
GENERAL ASSEMBLY,
HAVING
SEEN the report of the Permanent Council on “Assaults upon Freedom of
the Press and Crimes against Journalists” (CP/CAJP-1488/99), presented
pursuant to resolution AG/RES. 1550 (XXVIII-O/98);
BEARING
IN MIND that Article 3.l of the Charter of the Organization of American
States establishes as one of its principles that “the American States
proclaim the fundamental rights of the individual without distinction as
to race, nationality, creed, or sex”;
RECALLING
that Article IV of the American Declaration on the Rights and Duties of
Man and Article 13 of the American Convention on Human Rights provide
that every person has the right to freedom of investigation, of opinion,
and of the expression and dissemination of ideas, by any medium
whatsoever;
BEARING
IN MIND that the Heads of State and Government, at the Second Summit of
the Americas, held in Santiago, Chile, in April 1998, expressed their
support for the Inter-American Commission on Human Rights in this field,
in particular for the recent appointment of a Special Rapporteur for
Freedom of Expression;
CONSIDERING:
That
at the same Summit of the Americas held in Santiago, the heads of states
and government reaffirmed “the importance of guaranteeing freedom of
expression, information, and opinion”;
That
the General Assembly, at its twenty-eighth regular session, through
resolution AG/RES. 1550 (XXVIII-O/98), instructed the Permanent Council
“to study the advisability of preparing an Inter-American Declaration
on Freedom of Expression”; and
That
the Permanent Council has completed the study mentioned in the preceding
paragraph,
RESOLVES:
1. To instruct the Permanent Council to continue its work on the
preparation of an inter-American Declaration on Freedom of Expression to
be presented to a session of the General Assembly no later than the
thirtieth regular session.
2. To
urge the member states to continue to comply with resolution AG/RES.
1550 (XXVIII-O/98), particularly its operative paragraphs 2 and 4.
PROPOSED
AMERICAN DECLARATION ON THE RIGHTS
OF
INDIGENOUS POPULATIONS
(Resolution
adopted at the first plenary session,
held
on June 7, 1999)
THE
GENERAL ASSEMBLY,
RECALLING
its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), and
AG/RES. 1549 (XXVIII-O/98);
CONVINCED
that the adoption of a declaration on the rights of indigenous
populations will enhance the recognition, promotion, and protection of
the rights of those populations, and will contribute to the development
of pertinent activities by the Organization of American States in this
area;
EXPRESSING
ITS GRATITUDE to the Inter-American Commission on Human Rights, the
Inter-American Juridical Committee, and the Inter-American Indian
Institute for their contributions in preparing a proposed declaration on
the rights of indigenous populations;
CONSIDERING
that, in accordance with resolution AG/RES. 1549 (XXVIII-O/98), the
Meeting of Government Experts to Examine the Proposed American
Declaration on the Rights of Indigenous Populations was held at OAS
headquarters from February 10 to 12, 1999;
HAVING
EXAMINED the report of the Committee on Juridical and Political Affairs
of the Permanent Council on the Proposed American Declaration on the
Rights of Indigenous Populations (CP/CAJP-1489/99), in keeping with
resolution AG/RES. 1549 (XXVIII-O/98); and
BEARING
IN MIND that, despite the progress made, the Meeting of Government
Experts was unable to complete its work, aimed at the adoption of a
declaration during this session of the General Assembly, pursuant to the
aforementioned resolution AG/RES. 1549 (XXVIII-O/98),
RESOLVES:
1. To establish a working group of the Permanent Council to continue
consideration of the Proposed American Declaration on the Rights of
Indigenous Populations.
2. To invite the Working Group to take account of the observations
and comments of the member states and of the various organs, agencies,
and entities of the inter-American system.
3.
To also invite the Working Group to provide for appropriate
participation in its efforts by representatives of indigenous
communities, so that their observations and suggestions may be
considered.
4. To request the Inter-American Indian Institute to provide the
necessary advisory services to the Working Group and to prepare, at the
earliest possible date, a report on the actions taken by other
international organizations to promote the rights of indigenous
populations.
5. To request the General Secretariat and the organs, agencies, and
entities of the inter-American system to provide any assistance required
by the Working Group, which shall hold an initial meeting before the end
of this year.
6. To also request the Inter-American Juridical Committee to
continue providing legal advice to the Working Group on the proposed
Declaration on the Rights of Indigenous Populations.
7. To request the Permanent Council to present to the General
Assembly, at its thirtieth regular session, a progress report on the
activities entrusted to the Working Group.
AG/RES.
1611 (XXIX-O/99)
THE
HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES
(Resolution
adopted at the first plenary session,
held
on June 7, 1999)
THE GENERAL ASSEMBLY,
HAVING
EXAMINED the annual report of the Permanent Council on the human rights
of all migrant workers and their families (CP/CAJP-1487/99), presented
pursuant to resolution AG/RES. 1548 (XXVIII-O/98);
TAKING
NOTE of the 1998 annual report of the Inter-American Commission on Human
Rights (OEA/Ser.L/V/II.102/doc.6 rev.);
RECALLING
that the American Declaration of the Rights and Duties of Man proclaims
that all persons are equal before the law and have the rights and duties
established in this Declaration, without distinction as to race, sex,
language, creed, or any other factor;
RECALLING
ALSO that the American Convention on Human Rights recognizes that
essential human rights are not derived from one’s being a national of
a certain state, but are based upon attributes of the human personality,
and therefore justify international protection;
UNDERSCORING
that the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families establishes the duty of
states to ensure to all migrant workers and members of their families within the territory or
subject to their jurisdiction the rights provided for in the Convention
without distinction of any kind, such as sex, race, color, language,
religion or conviction, political or other opinion,
nationality,age, economic
position, property, marital status, birth, or other status;
BEARING
IN MIND the Declaration and the Plan of Action of the Second Summit of
the Americas (Santiago, 1998);
CONSIDERING
that many migrant workers and their families are compelled to leave
their places of origin in search of better opportunities; and
AWARE of the vulnerable situation in which migrant workers and their
families often find themselves, in part because they do not live in
their states of origin and because of difficulties arising from cultural
differences–especially with respect to language and customs–and in
part because their circumstances often lead to the breakdown of the
family,
RESOLVES:
1. To
reaffirm that the principles and standards set forth in the American
Declaration of the Rights and Duties of Man and in the American
Convention on Human Rights apply to all persons, including migrant
workers and their families.
2. To urge those member states that have not yet done so to
seriously consider ratification of or, if applicable, accession to the
American Convention on Human Rights and the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their
Families.
3. To urge the member states to take the necessary measures to
guarantee the human rights of all migrants, including migrant workers
and members of their families, as envisaged in the above-mentioned
instruments.
4. To emphatically reiterate the duty of the states to ensure full
respect and observance of the Vienna Convention on Consular Relations
(1963), particularly in relation to the right of nationals of another
state, regardless of their immigration status, to communicate with a
consular official of their own state in case of detention and the
obligation of the state in whose territory the detention occurs to
inform the national of another state of that right.
5.
To
invite the states parties to
cooperate with the Inter-American Commission on Human Rights so that it
may conclude, as soon as possible, the full report on the human rights
situation of all migrant workers and their families.
6.
To
request the Inter-American
Commission on Human Rights to provide the Special Rapporteur for the
rights of all migrant workers and their families with the necessary and
appropriate means to perform his or her duties.
7.
To
call upon the member states, the permanent observers, the organs,
agencies, and entities of the inter-American system, and other sources
to contribute to the voluntary fund of the Office of the Special
Rapporteur for the rights of all migrant workers and their families.
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