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...continuation (Chapter II)
E. Activities of the Inter-American Commission in connection with the Inter-American Court of Human Rights
53. The Commission continued to litigate a number of matters before the Inter-American Court of Human Rights.
54. Between January 1, 2004 and December 31, 2004, the Commission submitted 12 cases to the Inter-American Court: Pedro Huilca Tecse (Peru), José Del Carmen Álvarez Blanco Y Otros “Pueblo Bello” (Colombia), Wilson Gutiérrez Soler (Colombia), Humberto Palamara Iribarne (Chile), García Asto y Ramírez Rojas (Peru), Blanco Romero, Hernández Paz y Rivas Fernández (Venezuela), La Granja y El Aro (Colombia), Hugo Juárez y otros (Centro Penal Miguel Castro Castro) (Peru), Fermín Ramírez (Guatemala), Santiago Fortunato Gómez Palomino (Peru), Ronald Raxcacó (Guatemala) y Damiăo Ximenes Lopes (Brasil).
55. Also during 2004, the Commission participated in numerous public hearings before the Court. During the Court’s LXII Regular Period of Sessions from April 19 to May 7, 2004, the Commission participated in hearings on the following matters and cases: merits and possible reparations and costs in the Case of 19 Merchants v. Colombia; preliminary objections and possible reparations and costs in the Case of Plan de Sánchez Massacre v. Guatemala; preliminary objections and possible reparations and costs in the Case of Molina Theissen v. Guatemala; preliminary objections in the Case of Martín del Campo Dodd v. Mexico; merits and possible reparations and costs in the Case of Ricardo Canese v. Paraguay; preliminary objections and possible merits, reparations and costs in the Case of La Nación v. Costa Rica; preliminary objections and possible merits, reparations and costs in the Case of Children’s Rehabilitation v. Paraguay; merits and possible reparations and costs in the Case of Gómez Paquiyauri v. Peru; and merits and possible reparations and costs in the Case of Lori Berenson v. Peru. During the Court’s LXIII Regular Period of Sessions from June 28, 2004 to July 10, 2004, the Commission participated in hearings in the following matters and cases: provisional measures in the Case of Urso Branco Prison v. Brazil; merits and possible reparations and costs in the Case of De La Cruz Flores v. Peru; merits and possible reparations and cost sin the Case of Carpio Nicolle and others v. Guatemala; and preliminary objections and possible merits, reparations and costs in the Case of Tibi v. Ecuador. During the Court’s LXIV regular period of sessions from August 30 to September 9, 2004, the Commission participated in hearings in the following matters and cases: preliminary objections and possible merits, reparations and costs in the Case of the Serrano Cruz Sisters v. El Salvador; and preliminary objections and possible merits, reparations and costs in the Case of the Moiwana Community v. Suriname. During the Court’s LXV regular period of sessions from November 15 to 26, 2004, the Commission participated in hearings in the following matters and cases: merits and possible reparations and costs in the Case of Winston Caesar v. Trinidad and Tobago.
56. During this reporting period, the Commission also took note of several judgments issued by the Court in 2004 in relation to the cases before it, including: the judgment on merits in the Case of Plan de Sánchez Massacre v. Guatemala, issued on April 29, 2004; judgment on merits in the Case of Molina Theissen v. Guatemala, issued on May 4, 204; judgment on preliminary objections, merits and reparations and costs in the Case of Herrera Ulloa v. Costa Rica, issued on July 2, 2004; judgment on reparations and costs in the Case of Molina Theissen v. Guatemala, issued on July 3, 2004; judgment on merits, reparations and costs in the Case of 19 Merchants v. Colombia, issued on July 5, 2004; merits, reparations and costs in the Case of the Gómez Paquiyauri brothers v. Peru, issued on July 8, 2004; judgment on merits, reparations and costs in the Case of Ricardo Canese v. Paraguay, issued on August 31, 2004; judgment on preliminary objections, merits, reparations and costs in the Case of Children’s Rehabilitation v. Paraguay, issued on September 2, 2004; judgment on preliminary objections in the Case of Alfonso Martín del Campo Dodd v. Mexico, issued on September 3, 2004; judgment on preliminary objections, merits, reparations and costs in the Case of Tibi v. Ecuador, issued on September 7, 2004; judgment on merits, reparations and costs in the Case of De La Cruz Flores v. Peru, issued on November 18, 2004; judgment on reparations and costs in the Case of the Plan de Sánchez Massacre v. Guatemala, issued on November 19, 2004; judgment on merits, reparations and costs in the Case of Carpio Nicolle and others v. Guatemala, issued on November 22, 2004; judgment on preliminary objections in the Case of the Serrano Cruz Sisters v. El Salvador, issued on November 23, 2004; and judgment on merits, reparations and costs in the Case of Lori Berenson Mejía v. Peru, issued on November 25, 2004.
57. Finally, two requests for advisory opinions were lodged with the Court during 2004: a request filed by Venezuela for Advisory Opinion OC-19 concerning the control of legality of the acts of the Commission; and a request filed by the Commission for Advisory Opinion OC-20 concerning legislative or other measures denying judicial or other effective recourse to challenge the death penalty.
F. Thirty-fourth regular session of the OAS General Assembly
58. During the thirty-fourth regular session of the General Assembly of the Organization of American States, which was held in Quito, Ecuador from June 6 to 8, 2004, the Commission was represented by its President, José Zalaquett; Executive Secretary Santiago A. Canton; and the IACHR Special Rapporteur for Freedom of Expression Eduardo Bertoni. The Commission’s President addressed the General Assembly on the general situation of human rights in the OAS Member States and formally presented the Commission's 2003 Annual Report.
59. 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. 2012 (XXXIV-O/04)
VIOLENCE AGAINST WOMEN
(Adopted at the fourth plenary session, held on June 8, 2004)
THE GENERAL ASSEMBLY,
REAFFIRMING that discrimination on the basis of sex is contrary to the Charter of the Organization of American States, the Inter-American Democratic Charter, the Convention on the Elimination of All Forms of Discrimination Against Women and the Optional Protocol thereto, the Declaration of the Vienna World Conference on Human Rights, and the Beijing Declaration and Platform for Action, and that its elimination is an integral part of the efforts to eliminate violence against women;
BEARING IN MIND that the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará,” adopted in 1994, declared that violence against women is a violation of their human rights and that its elimination is essential for their individual and social development and their full and equal participation in all walks of life;
NOTING that to date 31 member states have ratified the Convention of Belém do Pará, thereby demonstrating their absolute rejection of and concern over any act of violence against women, and reflecting their commitment to achieve the objectives of the Convention and to fulfill the obligations undertaken by them;
RECALLING that, in compliance with resolution AG/RES. 1456 (XXVII-O/97), “Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, ‘Convention of Belém do Pará,’ ” the Inter-American Commission of Women (CIM) presented to the General Assembly at its twenty-ninth, thirty-first, and thirty-third regular sessions biennial reports on progress achieved in implementation of the Convention and on the experiences and results obtained through initiatives and programs carried out in member states to combat violence against women;
EMPHASIZING that, upon receipt of the CIM’s first and second biennial reports on violence, the General Assembly, in its resolutions AG/RES. 1626 (XXIX-O/99) and AG/RES. 1768 (XXXI-O/01), expressed its continued support for the work accomplished by the Commission and the member states in promoting the Convention and pursuing its objectives;
FURTHER RECALLING that resolution CIM/RES. 224 (XXXI-O/02), “Follow-up of the Convention of Belém do Pará,” adopted by the Thirty-first Assembly of Delegates of the CIM, urged all member states to ratify that Convention, recommended specific measures to prevent and address all forms of violence against women and the allocation of the necessary resources to prevent, punish, and eradicate gender-based violence, and requested a group of experts from the member states party and those not party to the Convention as well as representatives of civil society to make recommendations on the most appropriate way to follow up on the Convention, based on the document prepared by the CIM, so that the Secretary General may convene a meeting of states parties to the Convention, to which the Inter-American Commission on Human Rights and member states not party to the Convention will also be invited, in order to adopt a decision on the most appropriate way to follow up on the Convention;
TAKING INTO ACCOUNT that resolution AG/RES. 1942 (XXXIII-O/03), on the third biennial report, emphasized the need to adopt the most appropriate and effective way to follow up on the Convention of Belém do Pará and requested the General Secretariat to provide the necessary support for the meeting of experts that will consider the document prepared by the CIM pursuant to resolution CIM/RES. 224 (XXXI-O/02);
BEARING IN MIND that the Government of Mexico has offered to host the meeting of experts, which will take place on July 20 and 21, 2004, in order to analyze the document prepared by the CIM as well as other contributions and proposals, with a view to making recommendations on the most appropriate way to follow up on the Convention of Belém do Pará;
CONSIDERING that the Declarations and Plans of Action of the Summits of the Americas have shown a keen interest in the issue and especially in the implementation and follow-up of the Convention;
TAKING INTO ACCOUNT that resolution CIM/REMIM-II/RES. 6/04, adopted at the Second Meeting of Ministers or Highest-Ranking Authorities Responsible for the Advancement of Women in the Member States (REMIM-II), held in Washington, D.C., in April 2004, urged all the member states that had not yet done so to ratify regional human rights instruments, especially the Convention of Belém do Para, as a demonstration of their commitment to, respect for, and promotion and advancement of the protection of women’s human rights; and
EMPHASIZING that a mechanism for monitoring and analyzing the manner in which these advances are being implemented and for facilitating cooperation among states parties and with OAS member states, would contribute to achieving the objectives of the Convention,
RESOLVES:
1. To commend the Inter-American Commission of Women (CIM) for the work it has accomplished over more than seven decades dedicated to strengthening women’s rights and, achieving gender equity and equality, and in particular for its efforts to eliminate all forms of violence against women.
2. To encourage member states that have not yet done so to ratify regional human rights instruments and in particular the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará,” as a demonstration of their commitment to, respect for, and promotion and advancement of the protection of women's human rights.
3. To urge the states parties, as well as states not party to the Convention, to participate actively in the meeting of experts that will analyze the most appropriate manner to create a follow-up mechanism to the Convention of Belém do Pará, to be held in Mexico City on July 20 and 21, 2004.
4. To urge member states to continue supporting the efforts of the CIM in the process of creating and implementing a mechanism for follow-up on implementation of the Convention, and to continue working collaboratively to prevent, punish, and eradicate all forms of violence against women, in both the public and private spheres.
5. To encourage the states parties to the Convention to set the Thirty-second Assembly of Delegates of the CIM as the deadline for a decision on the recommendations of the meeting of experts on the adoption of a follow-up mechanism to the Convention of Belém do Pará, which will be submitted to the Conference of States Parties, pursuant to resolution CIM/RES. 224 (XXXI-O/02).
6. To recommend to member states that they take concrete steps to ensure the effective enforcement of national legislation, consistent with the ratified regional and international conventions on the elimination of discrimination and violence against women, in particular the Convention of Belém do Pará, and that they take coordinated action to ensure a culture of respect for human rights for everyone.
7. To encourage member states to allocate more human and financial resources to national and regional budgets to assist victims of violence and to prevent, punish, and eradicate all forms of violence against women.
8. To urge the Secretary General to allocate more human, technical, and financial resources to enable the CIM to continue its efforts to ensure full implementation of the Convention of Belém do Pará and its efforts to promote initiatives to eliminate violence against women.
9. To request the CIM Permanent Secretariat to include a special section on the implementation of this resolution in the biennial report on violence to be presented to the General Assembly at its thirty-fifth regular session.
AG/RES. 2027 (XXXIV-O/04)
THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES
(Adopted at the fourth plenary session, held on June 8, 2004)
THE GENERAL ASSEMBLY,
HAVING SEEN the report on this topic contained in the Annual Report of the Permanent Council to the General Assembly (AG/doc.4265/04 add. 3 corr. 1);
TAKING INTO ACCOUNT:
Its resolutions AG/RES. 1717 (XXX-O/00), AG/RES. 1775 (XXXI-O/01), AG/RES. 1898 (XXXII-O/02), and AG/RES. 1928 (XXXIII-O/03);
The annual report of the Inter-American Commission on Human Rights (CP/doc.3844/04), especially the chapter on the situation of migrant workers and members of their families in the Hemisphere; and
The draft Inter-American Program for the Promotion and Protection of the Human Rights of Migrants in the Framework of the Organization of American States (CP/CAJP-2038/03), prepared by the Inter-American Commission on Human Rights;
REAFFIRMING 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 therein, without distinction as to race, sex, language, creed, or any other factor;
EMPHASIZING that the American Convention on Human Rights recognizes that the essential rights of the human individual are not derived from the fact that a person is a national of a certain state, but are based upon attributes of the human personality;
REAFFIRMING 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 take on special importance with respect to protection of the rights of migrant workers and their families;
CONSIDERING:
That the Heads of State and Government, gathered at the Third Summit of the Americas, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and committed to ensure dignified, humane treatment with applicable legal protections and to strengthen mechanisms for hemispheric cooperation to address their legitimate needs;
That in the Declaration of Nuevo León of the Special Summit of the Americas, the Heads of State and Government highlighted the importance of cooperation among countries of origin, countries of transit, and receiving countries to ensure full protection of the human rights of all migrants, including migrant workers and their families, the defense of human rights, and safe and healthy labor conditions for migrants, and to adopt effective measures against trafficking in persons;
That practically all countries are countries of origin, countries of transit, and receiving countries for migrants and have the authority to regulate the immigration of persons into their territories, in accordance with international law, including international human rights law;
The positive contributions often made by migrants, both to their countries of origin and to the receiving countries, including their gradual incorporation into the receiving societies, and the efforts made by some receiving countries to integrate migrants;
The entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on July 1, 2003; the installation and initiation of work of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families; and the entry into force of the Protocol against the Smuggling of Migrants by Land, Sea and Air, on January 28, 2004;
Advisory Opinion OC-16, “The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law,” issued by the Inter-American Court of Human Rights on October 1, 1999;
Advisory Opinion OC-18, “Legal Status and Rights of Undocumented Migrants,” issued by the Inter-American Court of Human Rights on September 17, 2003; and
The judgment issued by the International Court of Justice on March 31, 2004, in the Case concerning Avena and Other Mexican Nationals;
BEARING IN MIND:
That, in the Strategic Plan for Partnership for Development 2002-2005 of the Inter-American Council for Integral Development (CIDI), support for vulnerable groups such as migrant workers was identified as a priority in the implementation of policies and programs to facilitate access to the labor market and to improve working conditions; and
That the Plan of Action of the Third Summit of the Americas provided for the establishment of an inter-American program within the OAS for the promotion and protection of the human rights of migrants, including migrant workers and their families, taking into account the activities of the Inter-American Commission on Human Rights (IACHR) and supporting the work of the IACHR Special Rapporteurship on Migrant Workers and Their Families and of the Office of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights;
EXPRESSING its satisfaction at the establishment of the Working Group of the Committee on Juridical and Political Affairs to Prepare an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, at the commencement of its activities, and at the progress made in the fulfillment of its mandate;
TAKING NOTE of the offer by the Ibero-American Federation of Ombudsmen to collaborate with the Working Group on its activities;
CONCERNED over the extremely vulnerable situation in which many migrant workers and their families find themselves and over the persistent obstacles that prevent them from fully exercising their human rights; and
BEARING IN MIND that migrants are often victims of mistreatment, discrimination, racism, and xenophobia,
RESOLVES:
1. To vehemently condemn manifestations or acts of racism, racial discrimination, xenophobia, and related forms of intolerance against migrants, as well as all forms of racism, racial discrimination, xenophobia, and related forms of intolerance with respect to access to employment, professional training, housing, instruction, health services, social services, and services to the public.
2. To reaffirm the duty of states parties to the 1963 Vienna Convention on Consular Relations to comply with that Convention, including the right to communication between consular officers and their nationals in case of detention and the obligation of the states parties in whose territory the detention occurs to inform the foreign national of that right; and, in that connection, to call the attention of states to Advisory Opinion OC-16 of the Inter-American Court of Human Rights and to the ruling of the International Court of Justice of March 31, 2004, in the case concerning Avena and other Mexican nationals, on the obligation to comply with Article 36 of the Vienna Convention.
3. To call the attention of the states to Advisory Opinion OC-18 of the Inter-American Court of Human Rights, which holds that the migratory status of a person cannot constitute a justification to deprive him of the enjoyment and exercise of human rights, including those of a labor-related nature.
4. To encourage dialogue and cooperation among member states so as to improve their migration policies and practices with a view to providing adequate protection of all migrants, migrant workers, and their families.
5. To urge member states to consider the signature and ratification of, ratification of, or accession to the inter-American human rights instruments, as the case may be, and to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.
6. To acknowledge with appreciation the entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; and, accordingly, to urge member states to consider, as appropriate, signing and ratifying that instrument.
7. To instruct the Permanent Council:
a. To renew the mandate of the Working Group of the Committee on Juridical and Political Affairs to Prepare an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants so that, as soon as possible, it may draft the proposed Inter-American Program, on the basis of the draft presented by the Inter-American Commission on Human Rights (IACHR) and the proposals of member states, specialized organizations, and other bodies, in accordance with the mandate of the Third Summit of the Americas, held in Quebec City;
b. To convene a special meeting of the Working Group during the third quarter of 2004, to facilitate the drafting of the Inter-American Program, with the participation of government experts; relevant organs, agencies, and entities of the inter-American system; other international organizations; and civil society organizations, pursuant to the draft agenda attached to this resolution; and
c. To continue supporting the work of the IACHR in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights and those of the International Organization for Migration (IOM).
8. To instruct the relevant organs, agencies, and entities of the Organization to support, upon request, the efforts of the Working Group and to participate actively in the drafting of the proposed Inter-American Program.
9. To request the Inter-American Agency for Cooperation and Development (IACD) to strengthen communication and coordination with the IACHR, the IOM, the International Labour Organization (ILO), and other pertinent organizations, agencies, and entities and that, in that context, it follow up in particular on IACD partnership-for-development activities, under the Strategic Plan for Partnership for Development 2002-2005, related to the situation of migrant workers and members of their families.
10. To entrust the Inter-American Commission on Human Rights with:
a. Considering the advisability of participating in joint cooperation projects conducted by the IACD in this area;
b. Continuing to support the Working Group to Prepare an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants through its Special Rapporteurship on Migrant Workers and Their Families;
c. Providing the Special Rapporteurship with the necessary and appropriate means to perform his or her duties, within the resources allocated in the program-budget of the Organization and other resources; and
d. Presenting to the Permanent Council a report on the status of the rights of all migrant workers and their families prior to the thirty-fifth regular session of the General Assembly.
11. To invite member states, permanent observers, the organs, agencies, and entities of the inter-American system, and others to contribute to the Voluntary Fund of the Special Rapporteurship on Migrant Workers and Their Families of the IACHR.
12. Also to invite member states to consider inviting the Special Rapporteur on Migrant Workers and Their Families to visit their countries to enable said Rapporteur to perform his or her functions effectively.
13. To urge all member states to participate constructively in the International Labour Conference, to be held in June 2004, with a view to achieving consensus on the consideration of its agenda item “Migrant workers (general discussion based on an integrated approach).”
14. To request the Permanent Council to report to the General Assembly at its thirty-fifth regular session on the implementation of this resolution, which will be carried out in accordance with the resources allocated in the program-budget of the Organization and other resources.
APPENDIX
AGENDA FOR A SPECIAL MEETING OF THE WORKING GROUP OF THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS TO PREPARE AN INTER-AMERICAN PROGRAM WITHIN THE OAS FOR THE PROMOTION AND PROTECTION OF THE HUMAN RIGHTS OF MIGRANTS
“Identification of proposals, best practices, and specific activities for preparing an Inter-American Program within the OAS for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families”
Washington D.C. - September 16 and 17, 2004
(Approved by the Working Group on May 3, 2004)
I. Inaugural session
II. Draft Inter-American Program for the Promotion and Protection of the Human Rights of Migrants in the Framework of the Organization of American States, prepared by the Inter-American Commission on Human Rights (IACHR)
III. Experiences of the organs, agencies, and entities of the OAS
IV. Experiences of other organizations
V. Dialogue among governmental experts from the member states
VI. Preliminary conclusions of the rapporteur of the meeting
AG/RES. 2029 (XXXIV-O/04)
AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
(Adopted at the fourth plenary session, held on June 8, 2004)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES. 1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00), AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), and AG/RES. 1919 (XXXIII-O/03);
BEARING IN MIND that, since resolution AG/RES. 1022 (XIX-O/89) of 1989, the General Assembly has requested the Inter-American Commission on Human Rights (IACHR) “to prepare a juridical instrument relative to the rights of the Indian peoples” and that, by resolution AG/RES. 1610 (XXIX-O/99), the General Assembly established a Working Group of the Permanent Council to consider the “Proposed American Declaration on the Rights of Indigenous Peoples,” presented by the IACHR (CP/doc.2878/97 corr. 1);
CONSIDERING the commitments undertaken by the Heads of State and Government in the Declaration and Plan of Action of the Third Summit of the Americas, held in Quebec City, and renewed in the Declaration of Nuevo León, at the Special Summit of the Americas, in Monterrey, Mexico, in January 2004, when they supported an early and successful conclusion of negotiations on the Draft American Declaration on the Rights of Indigenous Peoples;
ACKNOWLEDGING the important contributions received by the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples and the efficient work of the Selection Board in the selection process for representatives of the indigenous peoples to receive financing from the Specific Fund;
NOTING WITH SATISFACTION the holding of three meetings of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples in the final phase of negotiations in pursuit of points of consensus among representatives of the member states and representatives of the indigenous peoples, in keeping with the mandate issued in operative paragraph 4, subparagraphs (a), (b), and (d), of resolution AG/RES. 1919 (XXXIII-O/03); and
HAVING SEEN the report of the Chair of the Working Group on activities carried out over the past year, which pointed out, in particular, the progress made at the three meetings held in the final phase of negotiations in pursuit of points of consensus, in Washington, D.C., in November 2003 and in January and April 2004,
RESOLVES:
1. To reaffirm as a priority of the Organization of American States the adoption of the American Declaration on the Rights of Indigenous Peoples, emphasizing the importance of effective participation by the indigenous peoples in the process of preparing the draft Declaration.
2. To commend the final phase of negotiations initiated by the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples, in which negotiation meetings were arranged in pursuit of a consensus and an early and successful conclusion of the draft Declaration.
3. To renew the mandate of the Working Group so that it may continue the final phase of negotiations on the draft Declaration, starting from the consolidated text of the draft Declaration prepared by the Chair of the Working Group (GT/DADIN/doc.139/03) and considering the proposed Declaration presented by the Inter-American Commission on Human Rights (CP/doc.2878/97 corr. 1) and the proposals by member states, representatives of indigenous peoples, specialized organizations of the inter-American system, and other entities.
4. To request the Permanent Council to instruct the Working Group:
a. In the framework of the next meeting of negotiations, to recommend a date for conclusion of the final phase of negotiations for the adoption of the Draft American Declaration on the Rights of Indigenous Peoples, with participation by one indigenous representative from each member state of the Organization, designated by the respective indigenous peoples. The Permanent Council will be informed of the said decision through the Committee on Juridical and Political Affairs;
b. When the Permanent Council has been informed of the said date, to continue to strengthen the methodology for the process and to establish the dates and procedures for the meetings needed to reach the aforementioned objective, taking into account the participation of the indigenous peoples;[5]/
c. To take the appropriate measures to ensure continuing transparency of and effective participation by representatives of indigenous peoples in the negotiation meetings in pursuit of points of consensus;
d. To convene, when appropriate, a special meeting of the Working Group, with broad and effective participation by representatives of indigenous peoples, which should examine the status of the process and assess the level of consensus reached on the draft Declaration; and
e. To determine, when appropriate, the steps to be taken for final adoption of the draft American Declaration on the Rights of Indigenous Peoples, should substantial progress be achieved in the negotiations phase.
5. To thank the member states, permanent observers, and institutions for their valuable contributions to the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples and to invite them to continue supporting the objectives of the Fund with their contributions.
6. To invite the governments of the member states to continue to conduct domestic consultations with their indigenous peoples on the draft Declaration and to promote information exchanges among countries regarding those consultations.
7. To request the Secretary General to enhance coordination, awareness, and promotion of activities on indigenous issues among the various pertinent organs, agencies, and entities of the Organization and to promote the exchange of information and coordination with multilateral organizations, development banks, and specialized multilateral agencies of the Hemisphere on these activities.
8. To request the Inter-American Commission on Human Rights and its Special Rapporteur on Indigenous Peoples, and the General Secretariat of the Organization to continue to lend their valuable support to the process of drafting the American Declaration on the Rights of Indigenous Peoples; and to thank them for their ongoing contributions to that process.
9. To invite the multilateral organizations, development banks, and specialized multilateral agencies of the Hemisphere to contribute, in their areas of competence, to establishing a process of dialogue and consultation with indigenous peoples and to facilitate the exchange of information and coordination with other bodies of the inter-American system on activities relating to indigenous peoples, including activities undertaken in the context of the Summits of the Americas process.
10. To request the Permanent Council to follow up on this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources, and to present a report on its implementation to the General Assembly at its thirty-fifth regular session.
AG/RES. 2030 (XXXIV-O/04)
STRENGTHENING OF HUMAN RIGHTS SYSTEMS PURSUANT TO THE PLAN OF ACTION OF THE THIRD SUMMIT OF THE AMERICAS
(Adopted at the fourth plenary session, held on June 8, 2004)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4265/04 add. 3 corr. 1) and resolutions AG/RES. 1828 (XXXI-O/01), AG/RES. 1890 (XXXII-O/02), and AG/RES. 1925 (XXXIII-O/03);
REAFFIRMING that the universal protection and promotion of human rights, including civil, cultural, economic, political, and social rights, as well as respect for the rules and principles of international humanitarian law, based on the principles of universality, indivisibility, and interdependence, are fundamental to the functioning of democratic societies; and stressing the importance of respect for the rule of law, effective and equal access to justice, and participation by all elements of society in public decision-making processes;
EXPRESSING that greater autonomy for the Inter-American Commission on Human Rights (IACHR), in the context of the Charter of the Organization of American States, the American Convention on Human Rights, and the Statute and the Rules of Procedure of said Commission, will lead to improvements in the inter-American human rights system;
BEARING IN MIND the Declaration of Quebec City and the Plan of Action of the Third Summit of the Americas; and
CONSIDERING:
That it is a fundamental responsibility of the Organization to provide appropriate follow-up to the mandates of the Third Summit of the Americas regarding the strengthening of the inter-American human rights system; and
That, in addition, the Organization can serve as a forum for contributing to the efforts of member states to develop and strengthen national systems for the promotion and protection of human rights; and
WELCOMING the initiative taken by the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to conduct a process of reflection aimed at strengthening the inter-American human rights system so as to enhance the full exercise and protection of human rights in the Hemisphere,
RESOLVES:
1. To reaffirm the commitment of member states to continue strengthening and improving the inter-American system for the promotion and protection of human rights and, within that framework, their support for the functioning of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights.
2. To reaffirm the will of the Organization of American States to continue to take concrete measures aimed at implementing the mandates of the Heads of State and Government on the strengthening and improvement of the inter-American human rights system, as set forth in the Plan of Action of the Third Summit of the Americas, namely:
a. Universalization of the inter-American human rights system;
b. Compliance with judgments of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights;
c. Facilitation of access for individuals to the inter-American human rights system;
d. A substantial increase in the budget of the Inter-American Court of Human Rights and that of the Inter-American Commission on Human Rights so that, within a reasonable time, they may address their growing activities and responsibilities; and
e. Examination of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may operate on a permanent basis, taking into account, among other things, the views of those organs.
3. To underscore recent progress made in the specific areas of the inter-American human rights system identified in the Plan of Action of the Third Summit of the Americas, namely:
a. i. Ratification by Argentina of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, or “Protocol of San Salvador”; and
ii. Ratification by Colombia and Ecuador of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities;
b. The voluntary contributions made, to facilitate the work of the organs of the inter-American human rights system, by Brazil, Costa Rica, and Mexico to the Inter-American Court of Human Rights; and by Brazil, Mexico, and the United States; Denmark, Finland, France, Spain, Sweden, as well as the Inter-American Development Bank and the European Commission, to the Inter-American Commission on Human Rights;
c. Application of the new Rules of Procedure of the Inter-American Court of Human Rights and those of the Inter-American Commission on Human Rights; and
d. The ongoing support from member states for the organs of the inter-American human rights system and the important work of those organs to protect and promote human rights in the Hemisphere.
4. To instruct the Permanent Council to complement and consolidate the progress referred to in operative paragraph 3 by:
a. Continuing to examine ways to bring about an effective and adequate increase in the financial resources allocated to the organs of the inter-American human rights system in the program-budget of the Organization;
b. Supporting initiatives taken by the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to request funding from international and regional agencies, to further the activities of the organs of the inter-American system for the promotion and protection of human rights;
c. Encouraging, in addition, OAS member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights;
d. Continuing to consider ways to promote compliance with the judgments of the Court and follow-up on the recommendations of the Inter-American Commission on Human Rights by the member states;
e. Continuing to analyze the priorities for improvement of the inter-American human rights system, including consideration of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account related information provided by the presidents of both organs;
f. Requesting the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to:
i. Continue to report on the correlation between, on the one hand, their respective Rules of Procedure and the amendments thereto that they adopt, and, on the other, the provisions of their respective Statutes and of the American Convention on Human Rights; and
ii. Report on the impact and the meaning in practice of these regulatory reforms for the work of both organs and for the strengthening of the system; and
g. Proposing standards for the preparation of periodic reports on progressive measures adopted by the states parties to the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, or “Protocol of San Salvador,” as provided in Article 19 of that legal instrument, in consultation with the Inter-American Commission on Human Rights and taking into account the contributions of the Inter-American Institute of Human Rights.
5. To instruct the Permanent Council to engage in a broad process of reflection on the inter-American system for the promotion and protection of human rights, in which it may elicit the opinion of member states, specialized agencies of the inter-American human rights system, nongovernmental organizations, national human rights institutes, academic institutions, and experts in the field, regarding:
a. The major challenges facing the inter-American system for the promotion and protection of human rights in the Hemisphere;
b. Possible actions to strengthen and improve the system; and
c. The advisability of convening an inter-American human rights conference.
In keeping with the foregoing, to present a report thereon to the General Assembly at its thirty-fifth regular session for consideration.
6. To instruct the Secretary General to promote accession to all inter-American human rights instruments, as appropriate.
7. To promote the strengthening of national systems for the protection and promotion of human rights in member states and, to that end, to request the pertinent organs, agencies, and entities of the Organization to develop cooperative relations and information exchange with, inter alia, the Network of National Institutions for the Promotion and Protection of Human Rights of the Americas and the Ibero-American Federation of Ombudsmen.
8. To instruct the areas, units, and offices of the General Secretariat involved with human rights issues to work with the Permanent Council in implementing this resolution.
9. To request the Permanent Council to follow up on this resolution, which will be carried out in accordance with the resources allocated in the program-budget of the Organization and other resources, and to present a report on its implementation to the General Assembly at its thirty-fifth regular session.
AG/RES. 2035 (XXXIV-O/04)
PROTECTING HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS WHILE COUNTERING TERRORISM
(Adopted at the fourth plenary session, held on June 8, 2004)
THE GENERAL ASSEMBLY,
REAFFIRMING the principles and purposes of the Charter of the Organization of American States and the Charter of the United Nations;
EMPHASIZING that everyone is entitled to the rights and freedoms set forth in the Universal Declaration of Human Rights, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status, and that this applies in all circumstances, in accordance with international law;
REITERATING that all persons are equal before the law and have the rights and duties established in the American Declaration of the Rights and Duties of Man, without distinction as to race, sex, language, creed, or any other factor;
CONSIDERING that terrorism poses a serious threat to the security, the institutions, and the democratic values of states and to the well-being of our peoples;
TAKING INTO ACCOUNT:
That, in the Declaration on Security in the Americas, the states of the Hemisphere renewed their commitment to fight terrorism and its financing with full respect for the rule of law and international law, including international humanitarian law, international human rights law, and international refugee law, the Inter-American Convention against Terrorism, and United Nations Security Council resolution 1373 (2001);
That, in the Declaration of Nuevo León of the Special Summit of the Americas, the Heads of State and Government agreed to take all necessary steps to prevent and counter terrorism and its financing in full compliance with their obligations under international law, including international human rights, refugee, and humanitarian law; and
Its resolutions AG/RES. 1840 (XXXII-O/02), AG/RES. 1906 (XXXII-O/02), and AG/RES. 1931 (XXXIII-O/03), and the Report on Terrorism and Human Rights prepared by the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.116 – Doc.5 rev. 1);
WELCOMING WITH SATISFACTION the fact that, with the ratifications of Antigua and Barbuda, Canada, El Salvador, Mexico, Nicaragua, and Peru, the Inter-American Convention against Terrorism came into force on July 10, 2003, and that Panama and Venezuela became states parties to the Convention in 2004; and
CONSIDERING the report of the Meeting of Government Experts to Exchange, from a Human Rights Perspective, Best Practices and National Experiences in Adopting Antiterrorism Measures, held on February 12 and 13, 2004 (CP/CAJP-2140/04),
RESOLVES:
1. To reaffirm that the fight against terrorism must be waged with full respect for the law, human rights, and democratic institutions, so as to preserve the rule of law and democratic freedoms and values in the Hemisphere.
2. To reaffirm that all member states have a duty to ensure that all measures adopted to combat terrorism are in compliance with their obligations under international law, in particular international human rights law, international law on refugees, and international humanitarian law.
3. To urge member states once again to consider, as appropriate, signing and ratifying, ratifying, or acceding to the Inter-American Convention against Terrorism and to take appropriate steps to implement the provisions of that treaty.
4. To request the Inter-American Commission on Human Rights (IACHR) to continue promoting respect for and the defense of human rights in this area and facilitating efforts by member states to comply appropriately with their international human rights commitments when developing and executing antiterrorist measures, including, in particular, the rights of members of those groups that might become vulnerable, or be placed at a disadvantage, or threatened with discrimination as a result of terrorist violence or counterterrorist initiatives, and to report to the Permanent Council on the advisability of conducting a follow-up study.
5. To instruct the Permanent Council to convene a meeting with the government experts of the member states so that they may provide their points of view to the IACHR and the Inter-American Committee against Terrorism (CICTE) on the content of the recommendations mentioned in the following paragraph.
6. To request the IACHR to draw up, with the support of CICTE recommendations for the protection of human rights by member states in the fight against terrorism, on the basis of Article 15 of the Inter-American Convention against Terrorism and other pertinent international and regional instruments, as appropriate, bearing in mind the Commission’s Report on Terrorism and Human Rights and the findings of the meeting of government experts referred to in the preceding paragraph, and to present said recommendations to the Permanent Council before the thirty-fifth regular session of the General Assembly.
7. To foster dialogue and cooperation among CICTE, the IACHR, and other pertinent areas of the Organization, on the issue of the protection of human rights and fundamental freedoms while countering terrorism.
8. To request the Permanent Council to present a report on the implementation of this resolution, which is to be carried out within the resources allocated in the program-budget of the Organization and other resources, to the General Assembly at its thirty-fifth regular session. [ TABLE OF CONTENTS | CONTINUED... ] [1] For further details concerning the Commission's periods of sessions in 2004, see the IACHR 2004 Press Release Nos. 8/04 and 23/04 on the Commission's web site: www.cidh.org. [2] The MAPP/OAS Mission was established through an agreement between the OAS Secretary General and the President of Colombia, subsequently endorsed by the Permanent Council, with the mandate to verify initiatives to bring about a ceasefire and end of hostilities, demobilization, disarmament, and reinsertion of the illegal armed groups that operate in Colombia. [3] Professor Paulo Sergio Pinheiro also participated as an independent expert of the United Nations for the Secretary-General’s study on violence against children.
[4] In keeping with the Rules of Procedure of the IACHR, Dr. Florentín Meléndez, a Salvadoran national, did not participate in the visit to El Salvador. [5] The following statement by Canada has been presented regarding operative paragraphs 4.a and 4.b: Canada's understanding of the resolution is that one of the possible outcomes of the decision to be taken at the next meeting of negotiations on a date for the conclusion of the final phase of negotiations for the adoption of the draft American Declaration on the Rights of Indigenous Peoples is that it may be inappropriate or premature to fix a date at that time. It is also our understanding that in discussions on the strengthening of the methodology of the process and the establishment of dates and procedures for the relevant meetings, it will also be necessary to discuss the financing of this process. |
