ANNUAL REPORT OF THE IACHR 2006
AG/RES. 2221
(XXXVI-O/06)
STRENGTHENING OF THE
NATIONAL HUMAN RIGHTS SYSTEMS OF THE
MEMBER STATES AND SUPPORT FOR THE WORK OF DEFENDERS OF
THE PEOPLE, DEFENDERS OF THE POPULATION, AND HUMAN RIGHTS
ATTORNEYS OR COMMISSIONERS (OMBUDSMEN)
(Adopted at the
fourth plenary session, held on June 6, 2006)
THE GENERAL
ASSEMBLY,
TAKING INTO ACCOUNT
resolution AG/RES. 2132 (XXXV-O/05), “Strengthening of the National
Human Rights Systems of the Member States and Support for the Work of
Defenders of the People, Defenders of the Population, and Human Rights
Attorneys or Commissioners (Ombudsmen),” whereby it recognized the
importance of national systems for the promotion and protection of human
rights in safeguarding the rights of the individual;
HAVING SEEN the
Annual Report of the Permanent Council to the General Assembly
(AG/doc.4548/06 add. 6 corr. 1);
TAKING INTO ACCOUNT
that in the Charter of the Organization of American States, as well as
the American Convention on Human Rights and the American Declaration of
the Rights and Duties of Man, the member states proclaimed the
fundamental rights of the individual without distinction as to race,
nationality, creed, sex, language, religion, political or other opinion,
national or social origin, economic status, birth, or any other social
condition;
AFFIRMING that the
member states, whether in their national constitutions or under their
domestic law, have recognized the universal, indivisible, and
interdependent nature of human rights and the obligation to respect and
protect the rights and fundamental freedoms of human beings;
TAKING INTO ACCOUNT
that the fundamental objective of national systems for the promotion and
protection of human rights is to safeguard the rights of the individual;
BEARING IN MIND the
Principles relating to the Status of National Institutions, “Paris
Principles,” adopted by the United Nations General Assembly in its
resolution 48/134, of December 20, 1993;
REAFFIRMING the
importance of the inter-American human rights system, whose organs have
competence to promote the observance of human rights in all member
states of the Organization, in accordance with the commitments
undertaken by each state, and which operate in a manner subsidiary to
national jurisdictional systems;
TAKING
INTO ACCOUNT that all member states have the obligation to promote and
protect human rights and fundamental freedoms, without distinguishing
among the specific national and regional characteristics and the
different historical, cultural, and religious backgrounds of all states,
regardless of their political, economic, and cultural systems; and
recognizing that democracy is a universal value and there is no single
model of democracy;
RECALLING
resolutions AG/RES. 1505 (XXVII-O/97), AG/RES. 1601 (XXVIII-O/98), and
AG/RES. 1670 (XXIX-O/99), in which the General Assembly recognized the
work of ombudsmen in the Hemisphere, a concept recognized in the law of
member states with names such as defenders of the people, defenders of
the population, human rights attorneys, and human rights commissioners,
and also renewed its support for the work of the Ibero-American
Federation of Ombudsmen;
RECALLING ALSO the
message transmitted by the United Nations Commission on Human Rights
through resolution 2005/74, “National Înstitutions for the Promotion and
Protection of Human Rights,” which, in paragraph 12, “[w]elcomes the
continuation of the practice of national institutions convening regional
meetings” and encourages national institutions, in cooperation with the
Office of United Nations High Commissioner for Human Rights, “to
continue to organize similar events with Governments and
non-governmental organizations in their own regions”;
UNDERSCORING the
work done by the Caribbean Ombudsmen’s Association, the Network of
National Human Rights Institutions of the Americas, the Andean Council
of Ombudsmen, and the Central American Ombudsman Council;
RECALLING the
exhortation contained in the aforementioned resolutions that member
states of the inter-American system adopt measures to ensure that the
defenders of the people, defenders of the population, human rights
attorneys, and human rights commissioners enjoy political,
administrative, and financial independence; and
TAKING INTO
CONSIDERATION the Plan of Action of the Third Summit of the Americas,
adopted in Quebec City, Canada, as it pertains to strengthening the
capacity of national institutions responsible for the promotion and
protection of human rights,
RESOLVES:
1. To
reaffirm the fundamental importance of national human rights systems for
the promotion and protection of human rights in strengthening the rule
of law and social justice for the consolidation of democracy.
2. To
reiterate its support for the politically, administratively, and
financially independent work of the ombudsmen or defenders of the
people, defenders of the population, human rights attorneys, and human
rights commissioners in the countries of the Hemisphere, in the
promotion and protection of human rights.
3. To
recommend to member states that do not yet have institutions of the kind
to which this resolution refers that they consider the possibility of
establishing and operating them within the framework of their legal
order.
4. To
encourage the governments and organs of the inter-American system to
promote the establishment of forums for dialogue between the
institutions of the kind to which this resolution refers and the
pertinent organs of the inter-American system, in order to strengthen
their contribution to the democratic order in the Hemisphere.
5. To
reaffirm the support of the Organization of American States for the work
of the Ibero-American Federation of Ombudsmen, the Caribbean Ombudsmen’s
Association, the Network of National Human Rights Institutions of the
Americas, the Andean Council of Ombudsmen, and the Central American
Ombudsman Council.
6. To
reiterate to the Committee on Juridical and Political Affairs of the
Permanent Council that it should consider inviting the institutions of
the kind to which this resolution refers to participate in the dialogue
to be conducted among the member states on human rights topics, for the
reason that their presence is necessary.
7. To request the Permanent Council to report to the General
Assembly at its thirty-seventh regular session on the implementation of
this resolution, which will be carried out within the resources
allocated in the program-budget of the Organization and other resources.
AG/RES. 2223
(XXXVI-O/06)
OBSERVATIONS AND
RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
HAVING SEEN the observations and recommendations of the Permanent
Council on the Annual Report of the Inter-American Court of Human Rights
(AG/doc.4637/06);
CONSIDERING:
That in the Declaration of the Third Summit of the Americas, held in
Quebec City, the Heads of State and Government stated that their
“commitment to full respect for human rights and fundamental freedoms is
based on shared principles and convictions” and that they supported
“strengthening and enhancing the effectiveness of the inter American
human rights system, which includes ... the Inter-American Court of
Human Rights”;
That in the Declaration and the Plan of Action of the Fourth Summit of
the Americas, held in Mar del Plata, Argentina, the Heads of State and
Government recognized that the promotion and protection of human rights,
on the basis of the principles of universality, indivisibility, and
interdependence, are essential to the functioning of democratic
societies. Likewise, they undertook “[t]o
continue supporting and strengthening the functioning of the bodies of
the Inter-American System of Human Rights, promoting within the
political bodies of the OAS, in the framework of the ongoing reflection
process, concrete actions to achieve, among other objectives, greater
adhesion to the legal instruments, an effective observance of the
decisions by the Inter-American Court of Human Rights and due
consideration of the recommendations of the Inter-American Commission of
Human Rights, and the improvement of access of the victims to the
mechanisms of the system, and the adequate financing of the bodies of
the System, including the fostering of voluntary contributions”;
That Article 54.f of the Charter of the Organization of American States
establishes that it is a function of the General Assembly to consider
the observations and recommendations presented by the Permanent Council
on the reports of the organs, agencies, and entities of the
Organization, in accordance with Article 91.f of the Charter;
That Article 65 of the American Convention on Human Rights establishes
that “to each regular session of the General Assembly of the
Organization of American States the Court shall submit, for the
Assembly’s consideration, a report on its work during the previous year.
It shall specify, in particular, the cases in which a state has not
complied with its judgments, making any pertinent recommendations”;
UNDERSCORING WITH SATISFACTION the efficient work done by the Inter-American
Court of Human Rights in the exercise of its contentious and advisory
functions; and
EXPRESSING ITS APPRECIATION for the offers of the Governments of Chile,
Paraguay, Argentina, Brazil, and El Salvador to host special sessions of
the Inter-American Court of Human Rights, as a means of promoting the
inter-American human rights system,
RESOLVES:
1. To
adopt the observations and recommendations of the Permanent Council on
the Annual Report of the Inter-American Court of Human Rights (AG/doc.4637/06);
and to forward them to that organ.
2. To
reaffirm the essential value of the work of the Inter-American Court of
Human Rights in enhancing the protection and defense of human rights in
the Hemisphere.
3. To
reiterate that the judgments of the Inter-American Court of Human Rights
are final and may not be appealed and that the states parties to the
American Convention on Human Rights undertake to comply with the
decisions of the Court in all cases to which they are party.
4. To
reiterate the need for states parties to provide, in a timely fashion,
the information requested by the Court in order to enable it to fully
meet its obligation to report to the General Assembly on compliance with
its judgments.
5. To
reaffirm the importance of:
a. The
advisory function of the Inter-American Court of Human Rights for the
development of inter-American jurisprudence and international human
rights law and, in that context, to take note of Advisory Opinion OC-19/05,
“Control of Legality in the Exercise of the Functions of the Inter-American
Commission on Human Rights”; and
b. The
jurisprudence of the Inter-American Court of Human Rights for the
effective exercise of and respect for human rights in the Hemisphere;
and consequently the importance of the dissemination of its decisions by
the member states, as they deem it appropriate.
6. To
instruct the Permanent Council to:
a. Continue
its consideration of the issue of “Access of victims to the Inter-American
Court of Human Rights (jus standi) and its application in
practice,” including its financial and budgetary implications, taking
into account the report of the Inter-American Court of Human Rights
entitled “Bases for a Draft Protocol to the American Convention on Human
Rights to Strengthen Its Mechanism for Protection
- Volume II”; the proposal presented by the Government of Costa Rica,
“Draft Optional Protocol to the American Convention on Human Rights”;
the revised Rules of Procedure of the Inter-American Court of Human
Rights and of the Inter-American Commission on Human Rights; and taking
into account the need to maintain procedural equity and to redefine the
role of the Commission in proceedings before the Court;
b. Continue
to consider means of encouraging compliance by member states with the
judgments of the Court; and
c. Instruct
the Permanent Council to continue analyzing ways to achieve an effective
increase of the financial resources allocated to the Inter-American
Court of Human Rights in the program-budget of the Organization.
To that effect, to thank
the Secretary General of the Organization for his work and urge him to
continue his efforts and present additional proposals for achieving
adequate funding for the Inter-American Court of Human Rights in the
program-budget of the Organization.
7. To
thank those member states (Brazil, Colombia, Costa Rica, Mexico, and
Paraguay) and institutions (the European Union, the Inter-American
Development Bank - IDB, and the Office of the United Nations High
Commissioner for Refugees - UNHCR) that have made voluntary
contributions to the Inter-American Court of Human Rights.
In
addition, to urge member states to contribute to the Specific Fund for
Strengthening the Inter-American System for the Protection and Promotion
of Human Rights; and to encourage permanent observers and institutions
to make voluntary contributions to the Inter-American Court of Human
Rights.
8. To
encourage member states to continue to invite the Inter-American Court
of Human Rights to hold special sessions away from its headquarters.
9. To
urge the Inter-American Court of Human Rights, the Inter-American
Commission on Human Rights, and the Inter-American Institute of Human
Rights to continue to hold specialized seminars on the inter-American
system for the promotion and protection of human rights for government
officials.
10. To
invite the Inter-American Court of Human Rights to continue to
participate, with its judges, in the dialogue with member states in the
reflection process on strengthening the inter-American human rights
system, within the context of the Committee on Juridical and Political
Affairs.
11. To
urge member states to consider the signature and ratification of,
ratification of, or accession to, as the case may be, the American
Convention on Human Rights and other instruments of the system,
including acceptance of the binding jurisdiction of the Inter-American
Court of Human Rights.
12. To
request the Permanent Council to report to the General Assembly at its
thirty- seventh regular session on the implementation of this resolution,
which will be carried out within the resources allocated in the program-budget
of the Organization and other resources.
AG/RES. 2224
(XXXVI-O/06)
THE HUMAN
RIGHTS OF ALL
MIGRANT WORKERS AND THEIR FAMILIES
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
HAVING SEEN the report on this topic included in the Annual
Report of the Permanent Council to the General Assembly (AG/doc.4548/06
add. 6 corr. 1);
EXPRESSING ITS SATISFACTION with the adoption of the Inter-American
Program for the Promotion and Protection of the Human Rights of Migrants,
Including Migrant Workers and Their Families, through its resolution AG/RES.
2141 (XXXV-O/05);
NOTING
the special meeting of the Committee on Juridical and Political Affairs
(CAJP) of the Permanent Council of the Organization of American States
(OAS), held on March 16, 2006, on the implementation of the Inter-American
Program and proposals for new activities by the states, as well
as the presentations of the organs, agencies, and entities of the OAS;
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 particular relevance with respect to
protection of the human rights of migrant workers and their families;
TAKING
INTO ACCOUNT:
Its
resolutions AG/RES. 1717 (XXX-O/00), AG/RES. 1775 (XXXI-O/01), AG/RES. 1898
(XXXII-O/02), AG/RES. 1928 (XXXIII-O/03), AG/RES. 2027 (XXXIV-O/04), and
AG/RES. 2130 (XXXV-O/05); and
The
Annual Report of the Inter-American Commission on Human Rights to the
General Assembly, especially the chapter on the situation of migrant
workers and members of their families in the Hemisphere (CP/doc.4088/06
add. 1);
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 the
Heads of State and Government, gathered at the Fourth Summit of the
Americas, adopted the Declaration of Mar del Plata, “Creating Jobs to
Confront Poverty and Strengthen Democratic Governance,” and its Plan of
Action, in which they reaffirmed, inter alia, important
commitments related to the human rights of migrant workers;
That
practically all the countries in the Hemisphere 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 applicable international law, including international
human rights law, international humanitarian law, and international
refugee law;
The migrant programs adopted by some countries, which permit
the integration of migrants into the receiving countries, facilitate
family reunification, and promote a climate of harmony, tolerance, and
respect;
The
positive contributions often made by migrants, both to their countries
of origin and to the transit or receiving countries, and their gradual
incorporation into the receiving societies; as well as the efforts made
by some transit or receiving countries to attend both to the needs of
migrants and to those of the receiving or local community;
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, and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime (Palermo
Convention);
Advisory
Opinion OC-16/99, “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-18/03, “Juridical Condition and Rights of the 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 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 Special Rapporteur on the Human Rights of
Migrants of the United Nations Commission on Human Rights;
CONCERNED
over the extremely vulnerable situation in which many migrant workers
and their families in the Hemisphere find themselves and over the
persistent obstacles that prevent them from fully exercising their human
rights;
BEARING
IN MIND that migrants are often victims of crimes, mistreatment,
discrimination, racism, and xenophobia in transit and receiving
countries, and that women migrants who are unaccompanied or heads of
household are especially vulnerable to gender-based violence and other
forms of sexual and labor exploitation, which calls for broad
cooperation to address these situations, as well as the potential
vulnerability of migrants’ families in the countries of origin;
TAKING
NOTE of the regional initiatives, activities, and programs of the
Regional Conference on Migration (Puebla Process) in North America, the
countries of Central America, and the Dominican Republic, as well as the
ministerial dialogue among Mesoamerican countries, the Dominican
Republic, Ecuador, and Colombia; and
BEARING
IN MIND that all migrants and their advocates have a duty and obligation
to obey all the laws of sending, transit, and receiving countries,
RESOLVES:
1. To
strongly 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 cases
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-16/99 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
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-18/03 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 member states to consider the adoption of programs aimed at
integrating migrants into their societies, in order to promote a climate
of harmony, tolerance, and respect.
5. To
encourage constructive dialogue and cooperation among member states so
as to improve their migration policies and practices with a view to
providing adequate protection to all migrants, including migrant workers
and their families, and in order to promote migration processes in
keeping with the domestic legal system of each state and applicable
international law.
6. 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.
7. To
call upon member states to consider the signature and ratification of
the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
8. To
instruct the Permanent Council to continue supporting the work of the
Inter-American Commission on Human Rights (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).
9. To
encourage the IACHR to give a presentation, through its Special
Rapporteurship on Migrant Workers and Their Families, on the human
rights of migrants, including migrant workers and their families, and on
the Inter-American Program for the Promotion and Protection of the Human
Rights of Migrants, Including Migrant Workers and Their Families, during
the High-Level Dialogue on International Migration and Development of
the United Nations General Assembly, to be held in September 2006.
10. To
request that the Secretary General, pursuant to paragraph V.A of the
Inter-American Program and in cooperation with the relevant organs,
agencies, and entities of the Organization of American States (OAS),
prepare and submit the work plan needed to keep track of the specific
activities envisaged in that Inter-American Program.
11. To
instruct the relevant organs, agencies, and entities of the Organization
to support the execution of and, when appropriate, to implement the
Inter-American Program for the Promotion and Protection of the Human
Rights of Migrants, Including Migrant Workers and Their Families.
12. To
encourage states to consider, in the design, execution, and evaluation
of their migration policies, the activities recommended in the Inter-American
Program for the Promotion and Protection of the Human Rights of Migrants,
Including Migrant Workers and Their Families.
13. To convene, as established in the Inter-American Program, a
meeting of the Committee on Juridical and Political Affairs (CAJP) in
the first half of 2007, with the participation of government experts and
representatives of the organs, agencies, and entities of the inter-American
system, other international organizations, and civil society, for the
purpose of sharing best practices and activities carried out last year
in support of the Program, as well as new proposals that might be
incorporated into it.
14. To request the relevant organs, agencies, and
entities of the Organization to include, in their annual reports to the
General Assembly, their actions aimed at implementing the activities set
out in the Program.
15. To request the CAJP to convene, periodically and
as appropriate, the organs, agencies, and entities of the Organization
with a view to facilitating free-flowing dialogue with the member states
on implementation of the activities assigned to the Organization by the
Inter-American Program.
16. To instruct the Permanent Council to constitute a
specific fund composed of voluntary contributions, called the “Fund for
the Inter-American Program for the Promotion and Protection of the Human
Rights of Migrants, Including Migrant Workers and Their Families,” to
contribute to funding of the activities assigned to the organs,
agencies, and entities of the OAS in support of this Program; and to
urge member states, permanent observers, regional organizations,
international organizations, and civil society organizations to
contribute to the Fund.
17. To urge the General Secretariat, working through the
Department of International Legal Affairs, to disseminate, inter alia,
the Inter-American Program for the Promotion and Protection of the Human
Rights of Migrants, Including Migrant Workers and Their Families.
18. 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, in that context, to 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.
19. 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. Providing its Special Rapporteurship on Migrant Workers and
Their Families with the necessary and appropriate means to perform its
duties, within the resources allocated in the program-budget of the
Organization and other resources; and
c. Presenting to the Permanent Council a report on the status of
the rights of migrant workers and their families, prior to the thirty-seventh
regular session of the General Assembly.
20. To
invite member states; permanent observers; organs, agencies, and
entities of the inter-American system; and others to contribute to the
voluntary fund of the IACHR Special Rapporteurship on Migrant Workers
and Their Families.
21. To
urge 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.
22. To
request the Permanent Council to report to the General Assembly at its
thirty-seventh regular session on the implementation of this resolution,
which will be carried out within the resources allocated in the program-budget
of the Organization and other resources.
AG/RES. 2225
(XXXVI-O/06)
COOPERATION AMONG
THE MEMBER STATES OF THE
ORGANIZATION OF AMERICAN STATES TO ENSURE
THE PROTECTION OF HUMAN RIGHTS AND FIGHT IMPUNITY
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL
ASSEMBLY,
CONSIDERING the
Universal Declaration of Human Rights, the American Declaration of the
Rights and Duties of Man, the American Convention on Human Rights, or
“Pact of San José,” and the Inter-American Convention against
Corruption;
CONSIDERING ALSO
its resolutions AG/RES. 2072 (XXXV-O/05), AG/RES. 2039 (XXXIV-O/04),
AG/RES. 1929 (XXXIII-O/03), AG/RES. 1900 (XXXII-O/02), AG/RES. 1771
(XXXI-O/01), AG/RES. 1770 (XXXI-O/01), AG/RES. 1706 (XXX-O/00), and
AG/RES. 1619 (XXIX-O/99), which make reference to promotion of the
International Criminal Court;
RECALLING
resolution No. 1/03, “On Trial for International Crimes,” adopted by the
Inter-American Commission on Human Rights (IACHR) on October 24, 2003,
as well as the jurisprudence of the Inter-American Court of Human Rights
regarding impunity;
RECALLING ALSO resolution 2005/81, “Impunity,” of the United Nations
Commission on Human Rights;
BEARING IN MIND
that, in accordance with international human rights instruments to which
they are party, states should respect and safeguard the human rights of
all persons under their jurisdiction and that for that reason they
should investigate, prosecute, and punish those responsible for all
violations of said rights that constitute crimes;
RECALLING the
importance of judicial cooperation among states to accomplish the
purposes described in the previous paragraph, especially regarding
international crimes such as genocide, crimes against humanity, and war
crimes;
OBSERVING that,
among other instruments, the Inter-American Convention to Prevent and
Punish Torture and the Inter-American Convention on Forced Disappearance
of Persons, in the framework of the Organization of American States, as
well as the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment and the
International Convention against the Taking of Hostages, the Convention
on the Imprescriptibility of War Crimes and Crimes against Humanity, and
the Convention on the Prevention and Punishment of the Crime of
Genocide, oblige the states parties thereto to take steps to try these
crimes in their jurisdiction, or else to extradite the accused for
trial; and
TAKING INTO ACCOUNT the Principles of International Cooperation in the
Detection, Arrest, Extradition, and Punishment of Persons Guilty of War
Crimes and Crimes against Humanity, and the Set
of Principles for the Protection and Promotion of Human Rights through
Action to Combat Impunity,
RESOLVES:
1. To
urge member states to combat impunity and to prosecute or extradite, in
accordance with their obligations under international law, those
responsible for all violations of human rights and international
humanitarian law that constitute crimes, including genocide, crimes
against humanity, and war crimes, in order to bring them to justice.
2. To urge
member states to comply with their commitments to follow up on the
recommendations of the Inter-American Commission on Human Rights (IACHR)
and to comply with the decisions of the Inter-American Court of Human
Rights.
AG/RES. 2226
(XXXVI-O/06)
PROMOTION OF AND
RESPECT FOR INTERNATIONAL HUMANITARIAN LAW
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1270 (XXIV-O/94), AG/RES. 1335
(XXV-O/95), 1408 (XXVI-O/96), AG/RES. 1503 (XXVII-O/97), AG/RES. 1565
(XXVIII-O/98), AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00),
AG/RES. 1770 (XXXI-O/01), AG/RES. 1771 (XXXI-O/01), AG/RES. 1904
(XXXII-O/02), AG/RES. 1944 (XXXIII-O/03), AG/RES. 2052 (XXXIV-O/04), and
AG/RES. 2127 (XXXV-O/05);
RECALLING
ALSO that, under the Charter of the Organization of American States
(OAS), and pursuant to all applicable provisions of international
humanitarian law and international human rights law within their
respective spheres of application, human rights and fundamental freedoms
must always be respected, including in situations of armed conflict;
DEEPLY
CONCERNED about the persisting violations of international humanitarian
law that cause suffering to all victims of armed conflict;
RECALLING
that it is the obligation of all member states, in all circumstances, to
respect and ensure respect for the 1949 Geneva Conventions;
RECALLING ALSO that 33 and 32 OAS member states,
respectively, are parties to the 1977 Additional Protocols I and II to
the 1949 Geneva Conventions;
CONSIDERING that international humanitarian law contains provisions that
reflect customary international law that states must observe;
WELCOMING
the adoption on December 8, 2005, of Additional Protocol III to the 1949
Geneva Conventions, regarding approval of an additional emblem;
UNDERSCORING the need to strengthen the rules of international
humanitarian law by means of their universal acceptance, their broader
dissemination, and the adoption of national measures for their
application;
EMPHASIZING the obligation of states to punish all violations of
international humanitarian law;
RECOGNIZING the important contribution by the national committees or
commissions on international humanitarian law that exist in various
member states to the application and dissemination or the adoption, as
the case may be, of national measures to implement international rules
within internal legal systems;
NOTING
the holding of the First Meeting of States Parties to the 1999 Second
Protocol to the Hague Convention of 1954 for the Protection of Cultural
Property in the Event of Armed Conflict, in Paris, on October 26, 2005;
EXPRESSING ITS SATISFACTION with the cooperation between the
Organization of American States and the International Committee of the
Red Cross (ICRC) with regard to promoting respect for international
humanitarian law and the principles behind said law, one example of
which was the holding of a special meeting of the Committee on Juridical
and Political Affairs on current topics in international humanitarian
law, at OAS headquarters on February 2, 2006; and taking note of the
results of that meeting, contained in the rapporteur’s report (CP/CAJP-2326/06);
TAKING
INTO ACCOUNT that, in the Declaration of Mar del Plata, adopted in the
framework of the Fourth Summit of the Americas, in November 2005, the
Heads of State and Government recognized that “respect for international
law, including international humanitarian law, international human
rights law, and international refugee law are essential to the
functioning of democratic societies”;
RECALLING
that the Third Review Conference of the 1980 Convention on Prohibitions
or Restrictions on the Use of Certain Conventional Weapons Which May be
Deemed to Be Excessively Injurious or to Have Indiscriminate Effects
will take place this year;
RECALLING
ALSO that the Conference to Review Progress Made in the Implementation
of the United Nations Programme of Action to Prevent, Combat and
Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its
Aspects will take place this year; and
EMPHASIZING the special role of the ICRC as a neutral, impartial, and
independent institution working to protect and assist the victims of
armed conflicts and other situations of armed violence, as well as to
promote respect for international humanitarian law and the principles
underlying it,
RESOLVES:
1. To
urge member states and the parties engaged in armed conflict to honor
their obligations under international humanitarian law, including those
pertaining to protection of the well-being and dignity of victims and
the proper treatment of prisoners of war.
2. To
urge member states that have not yet done so to consider becoming
parties to the following treaties:
a. The
1954 Hague Convention for the Protection of Cultural Property in the
Event of Armed Conflict, and its 1954 and 1999 Protocols, respectively;
b. The
1972 Convention on the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin Weapons and on
Their Destruction (Biological Weapons Convention);
c. The
1977 Additional Protocols I and II to the 1949 Geneva Conventions; and
the 2005 Additional Protocol III;
d. The
1980 Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed to Be Excessively Injurious or
to Have Indiscriminate Effects, including the amendment to its Article I
adopted in 2001 and its five Protocols;
e. The
1989 Convention on the Rights of the Child, and its 2000 Optional
Protocol on the involvement of children in armed conflicts;
f. The
1993 Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction (Chemical
Weapons Convention);
g. The
1997 Convention on the Prohibition of the Use, Stockpiling, Production
and Transfer of Antipersonnel Mines and on Their Destruction;
h. The
1998 Rome Statute of the International Criminal Court;
i. The
1997 Inter-American Convention against the Illicit Manufacturing of and
Trafficking in Firearms, Ammunition, Explosives, and Other Related
Materials (CIFTA); and
j. The 1994 Convention on the Safety of United Nations and
Associated Personnel.
3. To urge member states that are parties to
Additional Protocol 1 of 1977 to consider recognizing the competence of
the International Humanitarian Fact-Finding Commission by means of the
declaration contemplated in Article 90 of said Protocol, and those that
have done so to take part in the election of the new members of the
Commission.
4. To urge member states to bring about the widest
possible dissemination of the rules of international humanitarian law,
in particular by incorporating them into military doctrine and manuals,
as well as among the entire civilian population.
5. To urge member states to adapt their criminal law
in order to meet their legal obligations under the 1949 Geneva
Conventions and the 1977 Additional Protocol I thereto with respect to
the definition of war crimes, universal jurisdiction, and the
responsibility of superiors.
6. To invite member states to play an active part in the Third
Review Conference of the 1980 Convention on Prohibitions or Restrictions
on the Use of Certain Conventional Weapons Which May be Deemed to Be
Excessively Injurious or to Have Indiscriminate Effects.
7. To
invite member states that are parties to the Rome Statute to cooperate
fully with the International Criminal Court and to define under their
criminal law the crimes that are within its jurisdiction.
8. To
call upon member states to enact laws to prevent the misuse of the red
cross and red crescent emblems and denominations, as well as the emblem
adopted in Additional Protocol III, of December 8, 2005, as established
in relevant treaties.
9. To
urge member states to adopt effective measures to prevent the
disappearance of persons in cases of armed conflict or other situations
of armed violence, to determine the fate of those who have disappeared,
and to attend to the needs of their family members.
10. To
encourage member states to ensure the adoption of the necessary measures
and mechanisms to protect cultural property from the effects of armed
conflict, in accordance with their international obligations, and in
particular to give consideration to the adoption of preventive measures
related to the preparation of inventories, the planning of emergency
measures, the appointment of competent authorities, and the enactment of
laws to ensure respect for such property.
11. To urge those member states that are parties to the 1997
Convention on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and on Their Destruction to prevent and
suppress any activity prohibited therein when it is carried out by
persons or in territory under their jurisdiction or control and to pay
attention to the needs of victims of antipersonnel mines and, where
appropriate, victims of explosive remnants of war, considering, as part
of those needs, medical care, rehabilitation, and economic reintegration
of the victims.
12. To
urge member states to enact laws punishing acts prohibited by the 1925
Geneva Protocol to the 1907 Hague Convention, the 1972 Biological
Weapons Convention, and the 1993 Chemical Weapons Convention.
13. To
call upon member states to prohibit the compulsory recruitment of
children under 18 years of age into the armed forces or armed groups,
and to take all feasible measures to prevent their direct participation
in hostilities, in accordance with the 2000 Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in
armed conflicts.
14. To urge member states to consider adopting the appropriate
measures, at the national level, to address the grave humanitarian
consequences of the unregulated availability of arms, including the
enactment of domestic laws aimed at strengthening control over the
illicit manufacturing of and trafficking in firearms and other related
materials, and to bear in mind the Programme of Action adopted at the
United Nations Conference on the Illicit Trade in Small Arms and Light
Weapons in All Its Aspects (New York, July 9-20, 2001); and to invite
them to play an active part in the Review Conference of the United
Nations Programme of Action to Prevent, Combat and Eradicate the Illicit
Trade in Small Arms and Light Weapons in All Its Aspects, to be held in
New York from June 26 to July 7, 2006, in order to help strengthen the
international commitment made in the area.
15. To encourage member states to establish
procedures for determining, when studying, developing, acquiring, or
adopting a new weapon or new means or methods of warfare, whether using,
manufacturing, stockpiling, or exporting them would be contrary to
international humanitarian law, and, in that event, to refrain from
incorporating them for use by the armed forces or from manufacturing
them for such purposes.
16. To
invite member states to continue to support the work of national
committees or commissions responsible for the dissemination and
implementation of international humanitarian law; and to urge states
where such bodies do not exist to consider establishing them.
17. To
request the General Secretariat to consider, through the Office of
International Law of its Department of International Legal Affairs, and
in coordination with the International Committee of the Red Cross (ICRC),
its Advisory Service in particular, organizing governmental conferences,
as well as courses and seminars for staff of the permanent missions of
the member states to the Organization of American States and General
Secretariat staff, in order to disseminate international humanitarian
law and related inter-American conventions and strengthen their
implementation.
18. To
instruct the Permanent Council to continue, with support from the Office
of International Law of the Department of International Legal Affairs of
the General Secretariat, and in cooperation with the ICRC, to organize
special meetings on topics of current interest in international
humanitarian law.
19. To
instruct 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 to the
General Assembly at its thirty-seventh regular session on the
implementation of this resolution.
AG/RES. 2227
(XXXVI-O/06)
OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
HAVING SEEN the observations and recommendations of the
Permanent Council on the Annual Report of the Inter-American Commission
on Human Rights (AG/doc.4638/06);
CONSIDERING:
That, in the Charter of the Organization of American States
(OAS), the member states have proclaimed, as one of their principles,
respect for the fundamental rights of the individual without distinction
as to race, nationality, creed, or sex; and that, under the OAS Charter
and the American Convention on Human Rights, the principal function of
the Inter-American Commission on Human Rights (IACHR) is to promote the
observance and protection of human rights; and
That in the Declaration and Plan of Action of the Fourth
Summit of the Americas, held in Mar del Plata, Argentina, the Heads of
State and Government recognized that the promotion and protection of
human rights, on the basis of the principles of universality,
indivisibility, and interdependence, are essential to the functioning of
democratic societies, as well as the need to continue the process of
strengthening and enhancing the effectiveness of the inter-American
human rights system to achieve, among other objectives, greater
accession to the legal instruments, effective observance of the
decisions of the Inter-American Court of Human Rights and due
consideration of the recommendations of the Inter-American Commission of
Human Rights;
THANKING
the Governments of Guatemala and Paraguay for the invitations they
extended to the IACHR to hold special sessions in those countries, as a
means of promoting the inter-American human rights system; and
THANKING
ALSO the Government of Argentina, which extended an open and permanent
invitation to the IACHR to visit its country, as of March 2006, and the
Governments of Brazil, Colombia, and Mexico, which did so on prior
occasions,
RESOLVES:
1. To adopt the observations and recommendations of
the Permanent Council on the Annual Report of the Inter-American
Commission on Human Rights (AG/doc.4638/06); and to forward them to that
organ.
2. To reaffirm the essential value of the work
carried out by the Inter-American Commission on Human Rights (IACHR) to
enhance the protection and promotion of human rights and the
reinforcement of the rule of law in the Hemisphere.
3. To encourage member states to:
a. Consider signing and ratifying, ratifying, or acceding to, as
the case may be, all legal instruments of the inter-American human
rights system;
b. Follow up on the recommendations of the IACHR, including,
inter alia, precautionary measures; and
c. Continue to take appropriate action in connection with the
annual reports of the IACHR, in the context of the Permanent Council and
the General Assembly.
4. To note with satisfaction the decisions taken by
the governments of member states to invite the IACHR to visit their
respective countries; and to encourage all member states to continue
this practice.
5. To encourage member states to continue inviting
the IACHR to hold special sessions away from its headquarters.
6. To reiterate its request to the IACHR to present
to the member states for their information a detailed report on the
special session held in Mexico, with the participation of the Inter-American
Court of Human Rights, from July 19 to 23, 2004.
7. To urge the Inter-American Commission on Human
Rights, the Inter-American Court of Human Rights, and the Inter-American
Institute of Human Rights to continue to hold specialized seminars for
government officials on the inter-American system for the promotion and
protection of human rights.
8. To reiterate the importance of the application of
the friendly settlement mechanism among parties concerned, in accordance
with the American Convention on Human Rights and the Statute and Rules
of Procedure of the Inter-American Commission on Human Rights.
9. To take the following actions with regard to
financing of the IACHR:
a. Instruct
the Permanent Council to continue analyzing ways to achieve an effective
increase in the financial resources allocated to the IACHR in the
program-budget of the Organization. To that effect, thank the Secretary
General for his work and urge him to continue his efforts and to present
additional proposals aimed at achieving adequate financing for the
Commission in said program-budget;
b. Thank
member states, permanent observers, and institutions that have made
voluntary contributions to the IACHR;
c. Invite
member states to contribute to the Specific Fund for Strengthening the
Inter-American System for the Protection and Promotion of Human Rights;
d. Suggest
to donors that, to the extent possible, part of the voluntary
contributions that they make not be earmarked for specific purposes, to
give the Commission flexibility in allocating resources among its
various activities and projects.
10. To invite the IACHR to:
a. Continue
to take into account the observations and recommendations of the member
states on its annual report and to adopt such measures as it considers
pertinent based on such observations and recommendations;
b. Continue
to publish on its Internet page, when member states so request, their
observations and recommendations on its annual report to the General
Assembly;
c. Continue
to strengthen existing rapporteurships and operational units, in the
most equitable manner possible, within the limits of its available
resources, and in accordance with Article 15 of its Rules of Procedure;
and
d. Continue
to participate, through the members of the Commission, in the dialogue
with member states, in the context of the Committee on Juridical and
Political Affairs (CAJP), so as to follow up on the observations and
comments of the states set forth in the reports on the meetings held on
October 26, 2004 (CP/CAJP/SA.412/04 corr. 1 and CP/CAJP/INF.17/04) and
on March 9, 2006 (CP/CAJP-2311/05 add. 2 and 2-a), in particular those
on the criteria used when applying its principal mechanisms for the
protection of human rights and when applying its Rules of Procedure to
the individual case system, as well as for general observation
mechanisms and the publication of reports; and likewise on the role of
the IACHR in proceedings before the Inter-American Court of Human Rights.
11. To instruct the CAJP, with a view to implementing
operative paragraph 10.d, to schedule meetings to continue its dialogue
with the members of the IACHR.
12. To request the Permanent Council to report to
the General Assembly at its thirty-seventh regular session on the
implementation of this resolution, which will be carried out within
the resources allocated in the program-budget of the Organization and
other resources.
AG/RES. 2228
(XXXVI-O/06)
MEETING OF MINISTERS
OF JUSTICE OR OF
MINISTERS OR ATTORNEYS GENERAL OF THE AMERICAS
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
Having seen
the Annual Report of the Permanent Council to the General Assembly (AG/doc.4548/06
add. 6 corr. 1), in particular as it pertains to the implementation of
resolution AG/RES. 2068 (XXXV-O/05), “Meeting of Ministers of Justice or
of Ministers or Attorneys General of the Americas” (REMJA);
RECALLING
that, in the Plan of Action of the Third Summit of the Americas, held in
Quebec City, Canada, in April 2001, the Heads of State and Government
decided to continue to support the work done in the context of the
Meetings of Ministers of Justice or of Ministers or Attorneys General of
the Americas (REMJAs) and the implementation of their conclusions and
recommendations;
RECALLING
ALSO that in the Declaration of Nuevo León, adopted at the Special
Summit of the Americas, held in Monterrey, Mexico, in January 2004, the
Heads of State and Government urged all countries “to participate
actively in the Network on Mutual Legal Assistance in Criminal Matters,”
which constitutes one of the concrete outcomes of the REMJAs;
BEARING
IN MIND that in the Declaration on Security in the Americas, adopted in
Mexico City in October 2003, the states of the Hemisphere reaffirmed
“that the Meetings of Ministers of Justice or Ministers or Attorneys
General of the Americas (REMJA) and other meetings of criminal justice
authorities are important and effective fora for promoting and
strengthening mutual understanding, confidence, dialogue, and
cooperation in developing criminal justice policies and responses to
address new threats to security”; and
TAKING
INTO ACCOUNT that REMJA-V recommended “that the Sixth Meeting of
Ministers of Justice or of Ministers or Attorneys General of the
Americas (REMJA-VI) take place in 2006 and that the OAS General Assembly
charge the Permanent Council of the OAS to set a date and site for REMJA-VI,”
RESOLVES:
1. To
express its satisfaction with the outcomes of the Sixth Meeting of
Ministers of Justice or of Ministers or Attorneys General of the
Americas (REMJA-VI), held in the city of Santo Domingo, Dominican
Republic, from April 24 to 26, 2006, and with the results of the
technical meetings held prior to it as part of the REMJA process.
2. To
thank the Government of the Dominican Republic for successfully
organizing the aforementioned ministerial meeting.
3. To
endorse the Conclusions and Recommendations of the Sixth Meeting of
Ministers of Justice or of Ministers or Attorneys General of the
Americas, which are appended hereto and form an integral part of this
resolution.
4. To instruct the Permanent Council to provide appropriate
follow-up to the implementation of the conclusions and recommendations
of REMJA-VI and to convene the meetings referred to therein, which will
be carried out within the resources allocated in the program-budget of
the Organization and other resources.
5. To instruct the Permanent Council to present a report on the
implementation of this resolution to the General Assembly at its thirty-seventh
regular session.
AG/RES. 2229
(XXXVI-O/06)
INTERNALLY DISPLACED
PERSONS
(Adopted
at the fourth plenary session, held on June 6, 2006)
THE
GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1971 (XXXIII-O/03), “The
Protection of Refugees, Returnees, and Stateless and Internally
Displaced Persons in the Americas”; AG/RES. 774 (XV-O/85), AG/RES. 838 (XVI-O/86),
AG/RES. 951 (XVIII-O/88), AG/RES. 1021 (XIX-O/89), AG/RES. 1039 (XX-O/90),
AG/RES. 1040 (XX-O/90), AG/RES. 1103 (XXI-O/91), AG/RES. 1170 (XXII-O/92),
AG/RES. 1214 (XXIII-O/93), AG/RES. 1273 (XXIV-O/94), AG/RES. 1336 (XXV-O/95),
AG/RES. 1416 (XXVI-O/96), AG/RES. 1504 (XXVII-O/97), AG/RES. 1602 (XXVIII-O/98),
AG/RES. 1892 (XXXII-O/02), AG/RES. 2055 (XXXIV-O/04), and, in
particular, resolution AG/RES. 2140 (XXXV-O/05), “Internally Displaced
Persons”;
REITERATING the principles established in the Charter of the
Organization of American States and in the Inter-American Democratic
Charter, especially those referred to in its Chapter III, “Democracy,
Integral Development, and Combating Poverty”;
RECALLING the pertinent rules of international law,
including international human rights law, international humanitarian law,
and international refugee law; and recognizing that the protection of
internally displaced persons has been reinforced by the identification,
reaffirmation, and consolidation of specific protective standards, in
particular the Guiding Principles on Internal Displacement, prepared by
the Representative of the United Nations Secretary-General on Internally
Displaced Persons;
RECALLING ALSO that, according to those guiding principles,
internally displaced persons are “persons or groups of persons who have
been forced or obliged to flee or to leave their homes or places of
habitual residence, in particular as a result of or in order to avoid
the effects of armed conflict, situations of generalized violence,
violations of human rights or natural or human-made disasters, and who
have not crossed an internationally recognized State border”;
EMPHASIZING that the states have the primary responsibility
to provide protection and assistance to internally displaced persons
within their jurisdiction, as well as to address, as appropriate, the
causes of the internal displacement problem and to do so, when so
required, in cooperation with the international community;
NOTING that several countries in the Hemisphere are using
the Guiding Principles on Internal Displacement and including them in
the development of national policies and strategies;
TAKING INTO ACCOUNT that the problem of internally displaced
persons is of significant proportions and that their needs, particularly
with regard to protection and assistance, require immediate attention;
EMPHASIZING the importance of implementing effective
policies for preventing and averting forced internal displacement and
for protecting and assisting displaced persons during displacement and
during return or resettlement, and reintegration; and
UNDERSCORING that to promote enhanced protection for
internally displaced persons, comprehensive strategies and lasting
solutions are needed, which include, among other aspects, the safe,
dignified, and voluntary return of internally displaced persons,
promotion and protection of their human rights, and their resettlement
and reintegration, either in their place of origin or in the receiving
community and, in this context, reaffirming the importance of
international cooperation,
RESOLVES:
1. To
urge member states to include, as appropriate, in their sectoral plans,
policies, and programs the special needs of internally displaced persons,
in particular in the formulation of programs to foster development and
fight poverty.
2. To
urge member states to consider using the Guiding Principles on Internal
Displacement, prepared by the Representative of the United Nations
Secretary-General on Internally Displaced Persons, as a basis for their
plans, policies, and programs in support of such persons, and, in
accordance with international law, in support of, inter alia,
indigenous communities and communities of African descent, and the
specific needs of children, women, the elderly, and persons with
disabilities.
3. In
order to avert the internal displacement of persons, to encourage member
states to address the factors that cause it and to establish policies,
such as early warning, to prevent those factors, bearing in mind that
dialogue with all the actors involved is essential to the achievement of
lasting solutions.
4. To
urge member states, in keeping with their responsibility to internally
displaced persons, based on comprehensive strategies, to commit to
providing them with protection and assistance during displacement,
through competent national institutions; and to invite member states to
commit to seeking lasting solutions, including the safe and voluntary
return of internally displaced persons and their resettlement and
reintegration, whether in their place of origin or in the receiving
community.
5. To
call upon states to protect the rights of internally displaced persons
in natural and man-made disasters and to employ an approach to disaster
relief and reconstruction, consistent with international human rights
law and domestic law, taking into account the Guiding Principles on
Internal Displacement and best practices.
6. To appeal to the appropriate agencies of the United Nations
and inter-American systems, and other humanitarian organizations and the
international community, to provide support and/or assistance, as
requested by states, in addressing the various factors that cause
internal displacement, and in assisting persons affected by internal
displacement at all stages, where, should emergency humanitarian
assistance be required, account should be taken of the Guiding
Principles on strengthening of the coordination of humanitarian
emergency assistance (United Nations General Assembly resolution
46/182).
7. To urge states to cooperate fully with the international
community in addressing the situation of internally displaced persons,
in particular with the Representative of the United Nations Secretary-General
on Internally Displaced Persons, the United Nations High Commissioner
for Refugees, and the Inter-Agency Internal Displacement Division of the
Office for the Coordination of Humanitarian Affairs.
8. To urge member states to consider adopting and implementing in
their domestic law the Guiding Principles on Internal Displacement,
which reflect certain aspects of international human rights law and
international humanitarian law.
9. To instruct the Permanent Council to follow up on this
resolution as it deems appropriate.
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