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PRESS RELEASEIACHR ANALYZES HUMAN RIGHTS SITUATION IN THE AMERICAS
N° 8/05
The Inter-American Commission on Human Rights (IACHR) reported on the activities carried out during its 122nd regular sessions. The Members of the IACHR are Clare K. Roberts, President; Susana Villarán, First Vice President; Paulo Sérgio Pinheiro, Second Vice President; and Commissioners José Zalaquett, Evelio Fernández Arévalos, Freddy Gutiérrez and Florentín Meléndez. The Executive Secretary of the IACHR is Santiago A. Canton.
Some important advances in the area of human rights in the region were noted by the IACHR: the launching of a comprehensive national human rights program in Mexico; the approval of constitutional reforms in Brazil aimed at modernizing the judicial system and amplifying the judicial mechanisms available to combat impunity for human rights violations; the carrying out of a referendum in Venezuela in spite of conditions of extreme polarization; the efforts undertaken by Chile, Argentina and Paraguay to investigate and punish those responsible for serious human rights violations; the recognition of international responsibility by Colombia, Guatemala and Peru in cases concerning serious human rights violations before the Inter-American Court of Human Rights; the signing of a friendly settlement agreement on cases of forced disappearance in Honduras; the reaffirmation in the United States of the right to enjoy a judicial remedy or review in the case of the detention of citizens or persons classified as enemy combatants in the Guantanamo Naval Base; the consideration being given in Jamaica to legislative changes concerning the application of the death penalty; and the possibility in Colombia of reopening criminal investigations based on decisions of international organizations, as well as the judicial confirmation of the need to comply with precautionary measures issued by the Commission.
Special reference must be made to the recognition of State responsibility by Argentina during the present session in the case of the terrorist attack against the headquarters of the Asociación Mutual Israelita Argentina (AMIA), an event reported by the IACHR in a separate press release. The Inter-American Commission welcomes the decision by the United States Supreme Court, by virtue of which it declared unconstitutional the execution of persons who committed crimes when they were less than eighteen years of age. The IACHR must also highlight the fact that, in a working meeting on precautionary measures concerning the Neuropsychiatric Hospital in Paraguay, an agreement was reached on several aspects of a plan to improve the conditions of the patients in that Hospital.
At the same time, there are many pending human rights challenges, including such longstanding problems as impunity in cases of serious human rights violations (for example, torture and extrajudicial executions); arbitrary detention; the deficient or insufficient development of the judiciary in the majority of the countries of the region, and the attacks in some countries on the independence and impartiality of the judiciary; and inhuman conditions of detention in prisons. Finally, another pending challenge pertains to rising public insecurity due to the increase in criminality, as well as the tendency of putting into practice “strong hand” policies without duly addressing the causes of the problem, and also without considering policies of prevention and rehabilitation.
During the sessions, the Inter-American Commission received information on the general situation of human rights in Bolivia, Cuba, Colombia, Ecuador, Haiti and Venezuela.
The Inter-American Commission received information on the situation in Bolivia, especially regarding problems that affect the rule of law, indigenous peoples, the right to health, women’s rights, torture, and the situation of human rights defenders. The IACHR has been closely following the situation of social and institutional unrest, and it hopes to see the instability resolved by the strengthening of the rule of law and democratic institutions, in conformity with the Democratic Charter and the American Convention on Human Rights. The Commission is planning to reschedule the on-site visit to Bolivia, which was originally scheduled for early 2005.
The Commission also received information on the human rights situation in Colombia. Between February 15 and 18, 2005, a delegation of the IACHR led by Commissioner Susana Villarán visited the city of Bogotá to formally present the Report on the Demobilization Process in Colombia, adopted and published this past December. The Inter-American Commission must express concern because, despite the commitment to a cease-fire by the Autodefensas Unidas de Colombia (AUC), acts of violence and intimidation against civil society persist. Any effort at pacification and demobilization of armed groups must rest on the legitimacy that can only be generated by agreements consistent with international standards, the end to use of violence and intimidation against the civilian population, respect for the law, justice and reparations for the victims.
In Cuba, although some persons were liberated after arbitrary detentions, there has been no significant change in the situation of systematic repression against dissidents, human rights defenders and independent journalists. Generalized violations of public freedoms persist, especially with respect to the right to political participation and freedom of expression. The IACHR reiterates the need for elections in Cuba, which must be periodic, free, fair, plural and based on universal and secret suffrage, as the expression of the will of the people. The IACHR also considered information received since its previous sessions, which pertains to the conditions of detention of persons deprived of liberty, labor and union rights, the rights of women, the right to residence and transit, as well as the right to freedom of expression in Cuba. Finally, with respect to the economic sanctions imposed on the Cuban regime, the Commission considers that they have a serious impact on the enjoyment of economic, social and cultural rights by the population.
The Commission observes with deep concern the institutional fragility of the rule of law in Ecuador. In recent years, the Ecuadorian political system has been one of the most unstable in the region. The average duration of its governments has been less than two years. This situation has been aggravated in the last few months by the removal of five of the nine members of the Constitutional Tribunal, the members of the Supreme Electoral Tribunal, and all 31 Justices of the Supreme Court. Independence and impartiality of the Judiciary are essential elements in the protection of human rights and the rule of law. These are underlying principles in the American Convention on Human Rights, which have been expressly recognized as fundamental elements of democracy by the Inter American Democratic Charter. Additionally, in the last few months, there has been a series of acts of violence, harassment and threats aimed at leaders of labor unions, social organizations, indigenous groups and students, who have expressed their public opposition to the aforementioned decisions.
With respect to Haiti, the Commission received information concerning the human rights situation in that country, including conditions of insecurity, the situation of persons in detention, the status of members of the press and freedom of expression, and the role of the United Nations Stabilization Mission in Haiti (MINUSTAH). In light of this information, the Commission remains extremely concerned about the apparent lack of control by the State over security throughout the country and the continuing threat that members of the former military, gangs and other illegal armed groups pose to the civilian population and the future stability of the country. The Commission renews its call for the government and the international community to take all urgent measures necessary, consistent with applicable human rights standards, to ensure the security of the people of Haiti and create conditions conducive to general elections scheduled for the fall of 2005. With respect to the continued incarceration of persons associated with the former government and others, including former Prime Minister Yvon Neptune and former Interior Minister Jocelerme Privert, the Commission once again reminds the State of the prohibition against arbitrary arrest and detention enshrined under Article 7 of the American Convention and urges the government to clarify the juridical situation of all detainees and prisoners, and to ensure that their security is protected and that they are afforded minimum standards of humane treatment. Further, the Commission expresses its profound concern for the situation of particular groups in Haiti, including women, children, human rights defenders and journalists, who have been particularly harmed by the violence and deplorable living conditions, and stresses the urgent need for international aid to reach those who most require assistance.
During the sessions, the IACHR received information on the endemic problem of provisional judges in Venezuela. From 2004 to date, 436 prosecutors have been appointed provisionally. The Commission expresses its deepest concern with respect to this situation, given that the high percentage of provisional judges and prosecutors seriously affects the right to an adequate justice system. It also has a negative effect on the rights of magistrates and prosecutors to stability in their positions, which in turn helps to guarantee their independence and autonomy. This worrisome tendency not only contradicts international human rights protection standards and the case-law of the inter-American system, but it also goes against the specific recommendations set forth by the IACHR pursuant to its visit to Venezuela in 2002. The Commission reiterates its concern regarding the situation of risk and stigmatization suffered by human rights defenders in Venezuela, as well as the climate of hostility faced by organizations dedicated to the defense of human rights, especially those human rights defenders who attended these hearings before the IACHR and those who work in the border areas of that country. During the sessions, the Commission carried out an intense program of activities. As customary, the larger part of its work was dedicated to the study and review of reports on individual petitions and cases pertaining to different countries in the hemisphere. The matters considered include 30 reports dealing with the admissibility stage of the proceedings and 14 concerning the merits stage. During the second of the three weeks of the sessions, the Commission held 43 hearings on individual cases and petitions, and on the human rights situation in the hemisphere, covering general issues or specific subjects pertaining to the mandate of the Commission. Further, the IACHR finalized the approval of its Annual Report setting forth the work accomplished during 2004, and planned the activities to be carried out throughout 2005. The Commission is also working on a number of cases that are being dealt with by the Inter-American Court during the period of sessions it initiated on February 28, 2005.
* * * * * * * * *
The IACHR decided to hold its next regular sessions from October 10 to 28, 2005. The complete report concerning the 122d period of sessions can be found on its website: www.cidh.org.
Washington, D.C., March 11, 2005
REPORT ON THE 122nd REGULAR SESSION OF THE IACHR
ANNEX TO PRESS RELEASE 8/05
The Inter-American Commission on Human Rights presents herewith the report of activities during its 122nd regular session. The IACHR consists of Clare K. Roberts, President; Susana Villarán, First Vice President; Paulo Sérgio Pinheiro, Second Vice President; and Commissioners José Zalaquett, Evelio Fernández Arévalos, Freddy Gutiérrez and Florentín Meléndez. The Executive Secretary of the IACHR is Dr. Santiago A. Canton.
During this session, the IACHR adopted 51 reports on individual cases and petitions. Between February 28 and March 4, 2005, it held 43 hearings on individual cases and petitions, precautionary measures, and general and specific situations with respect to human rights. The Inter-American Commission is grateful to all those representatives of OAS member states who participated, and to the individuals who attended the hearings in their personal capacity or as petitioners. By their presence, they contributed to strengthening efforts to protect human rights for the citizens of the hemisphere. Particular note should be made of the participation of senior government authorities, including ministers and undersecretaries of state, and prosecutors and attorneys general from several countries, who demonstrated the willingness of their respective states to engage in dialogue with the IACHR and with civil society.
I. REPORTS ON INDIVIDUAL PETITIONS AND CASES
The IACHR continued its examination of various individual petitions and cases involving alleged violations of the human rights protected by the American Convention, the American Declaration, and other inter-American instruments.
The reports approved by the IACHR reflect some of the structural problems relating to human rights that persist in the region. They refer, among other matters, to respect for the right to life and to personal integrity, guarantees of due process and judicial protection, the rights of the child, the rights of indigenous peoples, the rights of women, and economic, social and cultural rights.
During its sessions, the IACHR approved 12 reports on the merits of cases. Those reports will be transmitted to the respective member states, pursuant to article 50 of the American Convention or article 43 of the IACHR's Rules of Procedure. Following is a list of the cases where the IACHR has made public its decision:
A. MERITS
B. INADMISSIBILITY
C. ADMISSIBILITY
D. ARCHIVE
II. HEARINGS
Between February 28 and March 4, 2005, the IACHR held 43 hearings on individual cases and petitions, precautionary measures, and general and specific situations relating to human rights in various states and regions. The hearings on individual petitions dealt with questions of admissibility, merits, friendly settlement, and follow-up.
All persons who appear during the hearings to deliver testimony or present information must be afforded the necessary guarantees.[1] In this regard, the IACHR repudiates the attack on Mr. Rafael Cabarcas and his guard, which was perpetrated in the city of Cartagena, Colombia, on March 2, 2005, a day after a hearing was held on the follow-up of precautionary measures in favor of the members of the board of labor union ECOPETROL-USO. Mr. Carbargas is a former member of the Board of the Unión Sindical Obrera (USO) and is currently an adviser to that labor organization. Both victims are in serious health condition. In view of this situation, the IACHR urges the State of Colombia to carry out a complete investigation, to take the matter to trial and to punish all responsible persons, as well as to ensure that the beneficiaries of precautionary measures receive the required protection.
Among the important issues addressed in individual cases during the hearings, the Argentine State recognized responsibility in the case of the terrorist attack against the headquarters of the Israeli-Argentine Cooperative (Asociación Mutual Israelita Argentina - AMIA). The matter currently being processed by the IACHR under number 12.204 pertains to the attack perpetrated on July 18, 1994 in Buenos Aires, Argentina, which left over 80 persons dead and more than 300 wounded. In the course of the hearing, the representatives of the State recognized state responsibility for the violation of the rights to life, physical integrity and judicial protection enshrined in the American Convention on Human Rights.[2]
A. General situations in OAS Member States
The IACHR held hearings on the general human rights situation in several countries of the region. During those hearings, general information was received on the situation in Bolivia, Cuba, Colombia, Ecuador, Haiti and Venezuela.
The Inter-American Commission received information on the situation in Bolivia, especially regarding problems that affect the rule of law, indigenous peoples, the right to health, women’s rights, torture and the situation of human rights defenders. The IACHR has been closely following the situation of social and institutional unrest, and it hopes to see the instability resolved by the strengthening of the rule of law and democratic institutions, in conformity with the Democratic Charter and the American Convention on Human Rights. The Commission is planning to reschedule the on-site visit to Bolivia, which was originally scheduled for early 2005.
The Commission also received information on the human rights situation in Colombia. Between February 15 and 18, 2005, a delegation of the IACHR led by Commissioner Susana Villarán visited the city of Bogotá to formally present the Report on the Demobilization Process in Colombia, adopted and published last December. The Inter-American Commission must express concern because, despite the commitment to a cease-fire by the Autodefensas Unidas de Colombia (AUC), there is persistence of acts of violence and intimidation against civil society. Any effort at pacification and demobilization of armed groups must rest on the legitimacy that can only be generated by agreements consistent with international standards, the end to use of violence and intimidation against the civilian population, respect for the law, justice and reparations for the victims.
In Cuba, although some persons were liberated after arbitrary detentions, there has been no significant change in the situation of systematic repression against dissidents, human rights defenders and independent journalists. Generalized violations of public freedoms persist, especially with respect to the right to political participation and freedom of expression. The IACHR reiterates the need for elections in Cuba, which must be periodic, free, fair, plural, based on universal and secret suffrage, as the expression of the will of the people. The IACHR also considered information received since its previous sessions, which pertains to the conditions of detention of persons deprived of liberty, labor and union rights, the rights of women, the right to residence and transit, as well as the right to freedom of expression in Cuba. Finally, with respect to the economic sanctions imposed on the Cuban regime, the Commission considers that they have a serious impact on the enjoyment of economic, social and cultural rights by the population.
The Commission observes with deep concern the institutional fragility of the rule of law in Ecuador. In recent years, the Ecuadorian political system has been one of the most unstable in the region. The average duration of its governments has been less than two years. This situation has been aggravated in the last few months by the removal of five of the nine members of the Constitutional Tribunal, the members of the Supreme Electoral Tribunal, and all 31 Justices of the Supreme Court. Independence and impartiality of the Judiciary are essential elements in the protection of human rights and the rule of law. These are underlying principles in the American Convention on Human Rights, which have been expressly recognized as fundamental elements of democracy by the Inter American Democratic Charter. Additionally, in the last few months, there has been a series of acts of violence, harassment and threats aimed at leaders of labor unions, social organizations, indigenous groups and students, who have expressed their public opposition to the aforementioned decisions.
With respect to Haiti, the Commission received information concerning the human rights situation in that country, including conditions of insecurity, the situation of persons in detention, the status of members of the press and freedom of expression, and the role of the United Nations Stabilization Mission in Haiti (MINUSTAH). In light of this information, the Commission remains extremely concerned about the apparent lack of control by the State over security throughout the country and the continuing threat that members of the former military, gangs and other illegal armed groups pose to the civilian population and the future stability of the country. The Commission renews its call for the government and the international community to take all urgent measures necessary, consistent with applicable human rights standards, to ensure the security of the people of Haiti and create conditions conducive to general elections scheduled for the fall of 2005. With respect to the continued incarceration of persons associated with the former government and others, including former Prime Minister Yvon Neptune and former Interior Minister Jocelerme Privert, the Commission once again reminds the State of the prohibition against arbitrary arrest and detention enshrined under Article 7 of the American Convention and urges the government to clarify the juridical situation of all detainees and prisoners, and to ensure that their security is protected and that they are afforded minimum standards of humane treatment. Further, the Commission expresses its profound concern for the situation of particular groups in Haiti, including women, children, human rights defenders and journalists, who have been particularly harmed by the violence and deplorable living conditions, and stresses the urgent need for international aid to reach those who most require assistance.
During the sessions, the IACHR received information on the endemic problem of provisional judges in Venezuela. From 2004 to date, 436 prosecutors have been appointed provisionally. The Commission expresses its deepest concern with respect to this situation, given that the high percentage of provisional judges and prosecutors seriously affects the right to an adequate justice system. It also has a negative effect on the rights of magistrates and prosecutors to stability in their positions, which in turn helps to guarantee their independence and autonomy. This worrisome tendency not only contradicts international human rights protection standards and the case-law of the inter-American system, but it also goes against the specific recommendations set forth by the IACHR pursuant to its visit to Venezuela in 2002. The Commission reiterates its concern regarding the situation of risk and stigmatization suffered by human rights defenders in Venezuela, as well as the climate of hostility faced by organizations dedicated to the defense of human rights, especially those human rights defenders who attended these hearings before the IACHR and those who work in the border areas of that country.
B. Other general matters
The National Human Rights Program of Mexico was presented in the course of a hearing with a delegation of that country’s authorities. The Mexican delegation explained the objectives of the program and expressed the will to continue cooperating with civil society and the IACHR to achieve them. The Commission also received information concerning measures to follow-up on the recommendations of the Truth and Reconciliation Commission (CVR) in Peru, at a hearing attended by a delegation of the Peruvian State and representatives of the National Coordination Office for Human Rights. The IACHR again recognizes the efforts that the Peruvian State has made to implement those recommendations, and urges the Peruvian State to continue this process through the Commission for Monitoring and Implementation of the Recommendations of the CVR.
The Supreme Court of Honduras appeared before the IACHR to present their views on the situation of the administration of justice and human rights in that country. Finally, there was a hearing pertaining to the situation of military jurisdiction applied in human rights investigations in Brazil, as well as on the situation of persons in preventive detention in terrorism proceedings in Peru, subsequent to the annulment of prosecutions and sentences by the Constitutional Tribunal in January 2003, but who have not regained their liberty notwithstanding the length of time they have been in custody.
C. Thematic hearings
As it has done in previous sessions, the Commission convened a number of hearings on specific issues within its mandate, or to consider the rights of persons belonging to specific groups.
The IACHR received information on the situation of violence against women in the framework of the armed conflict in Colombia. The petitioners highlighted the impact of that conflict on women, especially those in a situation of forced displacement, and they emphasized the importance of truth, justice and reparations for these violations of human rights.
The rights of indigenous peoples were addressed in several hearings. One of them pertained to the situation of indigenous persons under criminal proceedings in the state of Oaxaca, Mexico. In this regard, the IACHR welcomes the information received during the sessions, according to which Oaxaca Governor Ulises Ruiz Ortiz took measures on March 8, 2005, in order to release 336 indigenous persons who had been detained in that state for minor crimes; this would total 518 persons of several ethnic indigenous groups who have benefited from measures under the administration of Mr. Ruiz Ortiz.
In Guatemala, the matter of the rights of indigenous peoples with respect to mining was heard by the IACHR. Also, there was a hearing on the general situation of human rights of the Mapuche indigenous people in Chile, and on the rights of indigenous peoples in Costa Rica. Another aspect of this theme was a hearing on the implementation of decisions in cases about indigenous peoples, which covered different member States of the Americas.
With respect to the rights of the child, the Commission held a hearing to address the situation of children and the adoption system in Guatemala. It was also informed on the situation of children and adolescents subjected to commercial sexual exploitation in El Salvador.
Freedom of expression was the subject matter of hearings on cases, petitions, and country situations. In this regard, the Commission heard presentations on the situation of freedom of expression in Mexico and Honduras, countries visited by the IACHR’s Rapporteurship. The situation of community radios in Guatemala was another aspect of this right addressed in a hearing during these sessions.
A thematic hearing on the human rights situation of refugees and immigrants in Panama was held during the 122nd regular sessions of the Inter-American Commission on Human Rights. During the hearing, NGOs and the Panamanian State examined the situation of refugees and immigrants in Panama, with a special emphasis on the condition of Colombians who seek refuge in that country.
Likewise, the IACHR received information regarding the rights of migrant workers in the United States, the IACHR received information from representatives of several organizations. The presenters examined the ramifications of the decision of the US Supreme Court in the Case of Hoffman Plastics Compounds Inc vs. NLRB (2002) on the labor rights of undocumented migrant workers residing in the United States, about working conditions of undocumented migrant workers and the situation of migrant farm workers in the state of Florida. The organizations attending the session requested the Commission to carry out an on-site visit to monitor the conditions of migrant workers in the United States.
With respect to other issues included within its mandate to protect and promote human rights, the Commission received information on the situation of persons belonging to vulnerable groups in Honduras.
The enjoyment of economic, social and cultural rights by the inhabitants of the Americas was the subject of several hearings. Regarding Colombia, the analysis of the general situation included a special section with emphasis on the importance of the right to education.
The IACHR received information on the right to housing in the Americas. Also, there was a hearing on the right to food in the hemisphere. During those hearings, the petitioners presented to the Inter-American Commission their views on the applicable legal framework regarding, respectively, the right to food and the right to housing, as well as some specific examples in countries of the region. D. Hearings on cases and petitions
• 12.204 – Asociación Mutual Israelita Argentina (AMIA), Argentina • 12.128 – Horacio Verbitsky and others; 12.218 – Eduardo Kimel, Argentina • 12.143 – Eduardo Perales Martínez, Chile • 12.476 - Oscar Elías Bisset and 74 other convicted persons, Cuba • 12.463 - María del Consuelo Ibarguen Rengifo and others, Colombia • 12.091 – Chaparro Álvarez, Ecuador • 12.452 - Tirso Román Valenzuela, Guatemala • Cases included in the 22 February 2001 joint press release, Peru • 12.444 – Eduardo Nicolás Cruz Sánchez and others, Peru
• Follow-up and implementation of precautionary measures, Colombia • 937-04, 35 families displaced from Ariari, Villavicencio, Colombia • 180-01 Embera Katío Indigenous People from Alto Sinú, Colombia • 233-02 Asociación Campesina de Arauca (ACA), Colombia • 1-01 Unión Sindical Obrera (USO) y 133-00 Sindicalistas del Valle del Cauca (SINTRAEMCALI), Colombia • 128-00 Colectivo de Abogados José Alvear Restrepo; 705-03 Comisión Colombiana de Juristas; 83-99 Fundación Comité de Solidaridad con Presos Políticos; 184-01 Berenice Celeyta Alayón; and 3-02 NOMADESC; REINICIAR, Colombia • Guantanamo Naval Base detainees, United States
III. WORKING MEETINGS Following its practice, the IACHR scheduled and carried out an important number of working meetings during the second week of its sessions. The meetings pertained to several cases and petitions --mostly in the friendly settlement or follow-up stages-- as well as precautionary measures. The matters addressed in this setting pertained to Argentina, Bolivia, Colombia, Guatemala, Mexico, Panama, Paraguay, Peru, and Venezuela. There were also thematic working meetings on community radios in Brazil and Chile, respectively.
The IACHR highlights with great satisfaction the commitment and dedication shown by the parties with a view to advancing toward friendly agreements, and it encourages them to continue in these processes in order to reach a solution consistent with the purpose of the American Convention and other applicable instruments.
The Commission carried out a number of meetings concerning friendly settlement processes underway in petitions concerning Argentina. The most notable development in this regard was the signing of a friendly settlement agreement in the case concerning the death of Sergio Andrés Schiavini, in accordance with which the Argentine State committed itself to pursue justice, undertake reforms applicable to this and other cases, and implement measures of non-repetition and of reparation.
The Inter-American Commission also mentions the important advances in exploring a friendly settlement in three pending matters with respect to the alleged international responsibility of Colombia that would arise in the presumed extrajudicial executions of Tomas Tunaroza Cerinza and Salvador Rodríguez Macías (P11.022), John Wilson Rodríguez and Gabriel Adelfo Riano Prieto (P11.025), as well as for the alleged violations committed against César Chaparro Nivia and Vladimir Hincapié Galeano (Case 11.026).
Executive Secretary Santiago A. Canton also had a working meeting with human rights defenders, attended by diverse representatives from civil society organizations in the Americas. The matters addressed included several problems that hinder or prevent efforts to defend human rights in the hemisphere, ranging from threats and assassinations to undue restrictions and other forms of harassment. During the 122nd sessions, the Inter-American Commission created the Special Rapporteurship on the Rights of Persons of African Descent and Against Racial Discrimination.[3] The functions of Special Rapporteur were assigned to Commissioner Clare K. Roberts, recently elected President of the IACHR. The Special Rapporteurship on the Rights of People of African Descent and Against Racial Discrimination will dedicate itself to activities of stimulating, systematizing, reinforcing and consolidating the action of the Inter-American Commission on the rights of people of African descent and racial discrimination. The core objectives of the Special Rapporteurship will include work with OAS Member States for the following purposes: to generate awareness of the states’ duty to respect the human rights of afro-descendants and on the elimination of all forms of racial discrimination; to analyze the current challenges that confront countries of the region in this area, formulate recommendations designed to overcome the obstacles, and identify and share best practices in the region with respect to this matter; to monitor, and provide any technical assistance requested by member States in the implementation of the recommendations in national law and practice.
C. Indigenous peoples
The Special Rapporteur for the rights of indigenous peoples is Commissioner José Zalaquett. Through the Rapporteurship, the IACHR has continued to assist the working group that is preparing the Draft American Declaration on the Rights of Indigenous Peoples. The Commission welcomes the efforts that member states are making in preparing this draft, and the progress that has been achieved, with respect both to substantive points of the text and to strengthening the participation of representatives of indigenous peoples. The Special Rapporteurship has cooperated constantly in processing petitions relating to indigenous rights, in which an increasing number of collective complaints have been noted, relating to alleged violations of the right to life, to personal integrity, to community property, and to cultural identity for indigenous peoples.
D. Children
The Special Rapporteur for Children is Commissioner Paulo Sérgio Pinheiro. The Special Rapporteurship continued to analyze the situation of children and teenagers in conflict with the law. In December 2004, the IACHR and the United Nations Children's Fund (UNICEF) carried out a joint visit to El Salvador, Guatemala, and Honduras. [5] The IACHR delegation comprised the Special Rapporteur Paulo Sergio Pinheiro and Special Rapporteur on the Rights of Persons Deprived of Freedom, Commissioner Florentín Meléndez, assisted by staff of the Executive Secretariat; UNICEF was represented by Dr. María Jesús Conde, Child Protection Adviser for Latin America and the Caribbean. The main objectives of the visit were to gather information on the situation of boys, girls, and adolescents involved with groups known as maras or pandillas (gangs), and to learn about the living conditions of persons deprived of freedom. In other relevant information received during the sessions, the IACHR learned about the decision adopted by the Supreme Court of the United States, which determined that the Constitution of that country bans the execution of persons who committed crimes when they were less than eighteen years old. The Rapporteurship welcomes the decision, the principles of which are consistent with the American Convention on Human Rights, the Convention on the Rights of the Child, and other international human rights instruments. During the sessions, a meeting was carried out in Brown University, in the United States, in which professors and members of the IACHR exchanged strategies on the strengthening of the work of this and other Rapporteurships.
E. Migrant workers and their families
Since the previous sessions, the Special Rapporteurship continued to participate actively in the Working Group of the Committee on Juridical and Political Affairs. Member States of the OAS are currently working within that framework on the elaboration of an Inter-American program for the protection and promotion of the human rights of migrant workers and their families.
F. Persons deprived of liberty
Commissioner Florentín Melendez is the Rapporteur for the Rights of Persons Deprived of Liberty in the Americas. During the sessions, the Special Rapporteur issued a press release to express deep concern for the violent events that took place between March 6 and 7, 2005 in the prison of Higüey, in the Dominican Republic.[6] In that prison, there was a violent confrontation between inmates, which left more than 100 persons dead and several dozen wounded. The Commission called upon the Dominican State to take all measures necessary to guarantee the right to life and physical integrity of the inmates in Higüey, as well as in other detention centers in the country. Special Rapporteur Melendez also traveled to Guatemala and Honduras in December 2004 to analyze on-site the conditions of detention of adults and also of children in conflict with the law. [7] He reported to the plenary on the working visit he carried out in Argentina from December 13 – 17, 2004, at the invitation of that State. He carried out that visit in his capacity as Rapporteur on matters concerning Argentina, and as Rapporteur on the Rights of Persons Deprived of Liberty in the Americas, with the principal objective of observing the situation of the prisons in the Province of Mendoza. The situation of killings, violence and insecurity in those installations had prompted the Commission to issue precautionary measures in favor of persons detained, visiting or working there in August of 2004. In the face of further killings and violence, the Commission had then requested that the Inter-American Court of Human Rights issue provisional measures in favor of those persons, which it did in November of 2004. The Court is supervising the follow-up on those measures through the submission of periodic reports by the Commission, the State and the petitioners. During the working visit to Argentina, the Rapporteur also held meetings on a number of petitions and friendly settlement processes in that country.
G. Freedom of expression
The Special Rapporteur for freedom of expression is Dr. Eduardo Bertoni. He heads a permanent office, which was created by the IACHR and operates independently with its own budget within the IACHR legal framework. The recently appointed Special Rapporteur for Freedom of Expression for the African Commission on Human and Peoples' Rights (ACHPR), Commissioner Andrew Chigovera, made an official visit to the Office of the IACHR Special Rapporteur for Freedom of Expression during the week of February 28 through March 4, 2005.[8] The visit was an opportunity for the two defenders of freedom of expression to discuss common problems in this field in both Africa and the Americas, consider ways in which the two mandates can cooperate to address some of these problems, and exchange information about strategies to carry out their individual mandates. At the conclusion of the visit, the two Rapporteurs approved a joint declaration addressing some of the issues they discussed during their meetings. Specifically, the Declaration reaffirms the importance of freedom of expression in a democracy and expresses concern about the many threats to the exercise of this right in both regions.
H. Human rights defenders
The work that human rights defenders perform is essential in ensuring full recognition for the basic rights of every person. During these sessions, the Commission met with representatives from different human rights organizations who provided information about the situation facing defenders across the hemisphere. In addition, there were informal opportunities for exchanges with the Unit for Human Rights Defenders. In particular, the Commission received information regarding the difficulties faced by human rights defenders who are protected by precautionary measures, due to lack of implementation by Member States. The Commission reiterates the obligatory character of precautionary measures, and the importance of adequate compliance with them in order to save the lives of those endangered because of their role as human rights defenders.
IV. WORK WITH THE INTER-AMERICAN COURT
A. Contentious cases
Since the previous regular session of the Inter-American Commission, 6 new cases have been submitted to the contentious jurisdiction of the Court:
1. Gilson Nogueira de Carvalho, Brazil
2. Servellón García and others ("Cuatro Puntos Cardinales"), Honduras
3. Sawhoyamaxa Indigenous Community of the Enxet-Lengua People and its members, Paraguay
4. Workers of Congress, Peru
5. Bernabé Baldeón García, Peru
6. Víctor Jesús Montero Aranguren and others (Retén de Catia), Venezuela
B. Sessions of the Court
On November 15, 2004, the Commission presented its final oral arguments in the Case of Caesar vs. Trinidad and Tobago, during the LXV ordinary period of sessions of the Inter-American Court of Human Rights, which took place from November 15 to 26, 2004, in San José, Costa Rica. The Inter-American Court is currently holding its LXVI Ordinary Sessions, from February 28 to March 15, 2005. The IACHR is represented at the hearings of the Court, dealing with the following matters:
(Merits and eventual reparations and costs)
V. FINANCIAL SITUATION OF THE IACHR
The Inter-American Commission continues to be adversely affected by the severe financial crisis of the OAS. The fundamental problem faced by the Commission relates to its human resources and budget capacity, since it constantly receives more petitions and additional mandates. In 2003 the Inter-American Commission received 1080 petitions, and in 2004 that number rose to 1329. Comparing the petitions received in 2000 with those received in 2004, the number has actually doubled. However, in inverse proportion, the Commission has less personnel and a reduced budget. The crisis situation is such that, for the first time in its history, the Commission was forced to make the decision of canceling its period of sessions scheduled for October of last year. The period of sessions finally took place by means of an extraordinary allocation of resources received at the last minute. The IACHR is presently facing those same budget limitations, placing in question whether it will be able to carry out the second period of sessions scheduled for the fall of this year.
The Commission is certainly aware of the financial crisis the OAS currently faces. However, the percentage of the OAS regular budget that is assigned to the Commission is 3.8%. We respectfully reiterate our requests for a prompt remedy for the unsustainable situation the Commission faces.
In this context, the Inter-American Commission again notes and welcomes the significant financial contributions made by the governments of Argentina, Brazil, Costa Rica, Denmark, Finland, France, Mexico, Spain, Sweden, and the United States, as well as the funding provided by the Inter-American Development Bank, the European Commission, the Ford Foundation and Notre Dame University. These contributions have contributed concretely to strengthening the inter-American human rights system.
During the sessions, the Government of Brazil made a contribution to fund the activities of the Special Rapporteurship on Persons of African Descent and Against Racial Discrimination. Commissioner Clare K. Roberts, Special Rapporteur and IACHR President, mentioned that “the Commission is extremely grateful to the Brazilian government not only for this contribution but also for its leadership in bringing the political discussion of this matter to the OAS and promoting concrete initiatives.” [9] VI. RESOLUTION 1/05
The IACHR also adopted and published Resolution 1/05, by virtue of which it reaffirms the international obligation of OAS Member states to comply with its precautionary measures. The resolution also reiterates the ethical and legal commitment of each Commissioner not to participate in the discussion, investigation, deliberation or decision of matters presented to the IACHR’s consideration when they are a national of the State under consideration, be it a general or specific matter. This follows the strict practice of the Inter-American Commission and the express terms of Article 17 of its Rules of Procedure. [10]
Washington D.C., March 11, 2005[1] Article 61 of the Rules of Procedure of the Inter-American reads as follows: The State in question shall grant the necessary guarantees to all the persons who attend a hearing or who in the course of a hearing provide information, testimony or evidence of any type to the Commission. That State may not prosecute the witnesses or experts, or carry out reprisals against them or their family members because of their statements or expert opinions given before the Commission. [2] See IACHR Press Release 5/05, March 7, 2005. [3] See IACHR Press Release 3/05, February 25, 2005. [4] See IACHR Press Release 7/05, March 8, 2005. [5] See IACHR-UNICEF joint Press Release 26/04, December 4, 2004. [6] See IACHR Press Release 6/05, March 7, 2005. [7] See IACHR-UNICEF joint Press Release 26/04, December 4, 2004. [8] See Press Release 116/05 issued by IACHR Special Rapporteurship on Freedom of Expression, March 4, 2005. [9] See IACHR Press Release 4/05, March 2, 2005. [10] Article 17 of the IACHR’s Rules of Procedures states: (…) 2. Members of the Commission may not participate in the discussion, investigation, deliberation or decision of a matter submitted to the Commission in the following cases:
a. if they are nationals of the State which is the subject of the Commission's general or specific consideration, or if they were accredited or carrying out a special mission as diplomatic agents before that State; or,
b. if they have previously participated in any capacity in a decision concerning the same facts on which the matter is based or have acted as an adviser to, or representative of any of the parties interested in the decision.
3. If a member considers that he or she should abstain from participating in the study or decision of a matter, that member shall so inform the Commission, which shall decide if the disqualification is warranted.
4. Any member may raise the issue of the disqualification of another member on the basis of the grounds set forth in paragraph 2 of this article.
5. When the Commission is not meeting in regular or special session, the members may deliberate and decide on matters within their competence by the means they consider appropriate.
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