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SECTION
THREE ACTIVITIES
OF THE COMMISSION DURING 1976
The Inter-American Commission on Human Rights held three sessions
during 1976, its thirty-seventh (special), thirty-eighth and
thirty-ninth. These meetings took place at the headquarters of the
Commission, the General Secretariat of the Organization of American
States, Washington, D.C., USA. A.
Thirty-seventh session (special)
The Commission held its thirty-seventh session during the period
March 8-12, 1976. The main purpose of this special session was to
prepare the “Second Report on the Situation of Human Rights in
Chile”, in compliance with the provisions of resolution AG/RES. 190
(V-O/75), adopted by the General Assembly at its fifth regular session.
The following members of the Commission attended this session:
Dr. Andrés Aguilar, Chairman (Venezuela); Dr. Carlos A. Dunshee de
Abranches, Vice Chairman (Brazil); Professor Manuel Bianchi (Chile); Dr.
Genaro R. Carrió (Argentina); Dr. Justino Jiménez de Aréchaga
(Uruguay) and Mr. Robert F. Woodward (United States). Dr. Gabino Fraga
(Mexico) was absent for reasons of health.
Resolution 190 of the General Assembly of the OAS
The General Assembly of the Organization of American States, at
its plenary session held on May 19, 1975, adopted a resolution (AG/RES.
190) by means of which it decided, in operative paragraph 4:
To request the Inter-American Commission to secure, by all
appropriate means, additional information, to consider that information,
and to submit a report on the status of human rights in Chile to the
next session of the General Assembly, ensuring that the Government of
Chile has reasonable time to submit its own observations.
In implementation of the provisions of the aforesaid resolution,
the Commission undertook the task of drafting a second report on the
status of human rights in Chile, and it examined how the situation had
evolved since August 2, 1974, the date on which the in situ
observation referred to in its first report was completed.
Bearing in mind the General Assembly’s request that it present
to its sixth regular session a report that would be as up to date as
possible, and also that the Government of Chile have a reasonable time
in which to examine such document prior to debate on it by the Assembly,
the Commission decided that the new report would cover the period
between August 2, 1974 and March 12, 1976.
Meeting of the Working Group to prepare the Draft Report
At its thirty-sixth session (October 1975), the Commission
decided to establish a working group whose mandate was to prepare a raft
report on the status of human rights in Chile. This group was composed
of Dr. Abranches, who served as chairman, and Drs. Jiménez de Aréchaga,
Carrió and Woodward.
The members of the working group met on March 3, 4 and 8, 1976,
prior to the opening of the thirty-seventh session, at the headquarters
of the Commission.
The group then submitted an oral report to the Commission on the
progress of its work.
Hearing granted to the representative of the Government of
Chile
At its thirty-seventh session, the Commission decided, at the
petition of the Government of Chile, to grant a hearing to Ambassador
Sergio Diez so that he might make a statement to the Commission. This
meeting took place on March 10, 1976, at which time Ambassador Diez made
a general statement on the situation of human rights in Chile.
Approval of the Second Report on the Situation of Human Rights
in Chile and its submission to the Government of Chile and to
the
Secretary General of the OAS
At its session held on March 12, 1976, the Commission adopted the
“Second Report on the Situation of Human Rights in Chile”, and on
March 31, 1976, sent one copy of the report to the Minister of Foreign
Relations of Chile, and another copy to the Permanent Representative of
Chile to the OAS, in order that the Chilean government might have a
reasonable time in which to present its observations thereto.
On April 30, 1976, the Chairman of the Commission transmitted a
copy of the above-mentioned report to the Secretary General of the OAS.
The Commission held its thirty-eighth session from May 24 to June
4, 1976. The following members were present: Dr. Andrés Aguilar,
Chairman; Dr. Carlos A. Dunshee de Abranches, Vice Chairman; Prof.
Manuel Bianchi, Dr. Genaro R. Carrió, Dr. Gabino Fraga, Dr. Justino Jiménez
de Aréchaga, and Mr. Robert F. Woodward. Most of this session was
devoted to a case-by-case consideration of approximately 160 alleged
violations of human rights in the member states.
Report on the Status of Human Rights in Cuba
The Commission published report son the status of human rights in
Cuba in 1962, 1963, and 1967. In 1970, it prepared a “Second Report on
the situation of political prisoners and their families in Cuba.”1
As of that year, the Commission continued to receive communications from
individuals and organizations which alleged serious violations of basic
human rights in that country.
These denunciations were processed according to the Regulations
and, in each case, the Government of Cuba was asked to provide the
relevant information. The
Government did not reply to any of these requests.
At its thirty-fourth session (April 1974), the Commission,
bearing in mind the fact that the denunciations contained not only
complaints of an individual nature, but also dealt with questions
relating to the overall status of human rights in that country, decided
to update the report published in 1970.
The draft of the new report, which was prepared by the
Secretariat, was studied by the Commission during its thirty-fifth
session (May 1975), and a rapporteur was designated to revise the draft
in accordance with the modifications agreed upon by the Commission.
At its thirty-sixth session (October 1975), the Commission again
took up its study of the draft, and examined the proposals of the
rapporteur and other members.
At the thirty-eighth session, the rapporteur presented the final
version of the draft, and the Commission unanimously approved the
“Fifth Report on the Status of Human Rights in Cuba.”2
By a note dated May 28, 1976, the report was transmitted to the
Secretary General of the OAS, with the request that he transmit it to
the Permanent Council of the Organization for the purposes it might deem
pertinent. A copy was also sent to the Government of Cuba which, once
again, remained silent.
The participants in the sixth regular session of the General
Assembly of the Organization, which was held in Santiago, took
cognizance of the “Fifth Report on the Status of Human Rights in
Cuba”, but it was not discussed because there was not sufficient time
to include it on the agenda of that session of the General Assembly.
Observations of the Government of Chile on the Second Report
on the
Situation of Human Rights in Chile
The Commission, at its thirty-seventh session (March 1976),
decided that the observations made by the Government of Chile on the
Commission’s report could be studied at its next regular session, if
the Chilean government presented its observations in due time.
At its thirty-eighth session, the Commission considered the
observations of the Government of Chile,1
which had been received in the Secretariat on May 18, 1976, and came to
the conclusion that they did not contribute any additional viewpoints
that would justify amending its report.
Hearing granted to the representatives of the Government of
Chile
Granting a request made by the Permanent Representative of Chile
to the OAS on May 25, the Commission received Ambassador Diez and Dr.
Miguel Schweitzer, Jr. on May 27. They provided additional information
that they considered pertinent to the observations of the Government of
Chile on the Second Report.
C.
Sixth regular session of the General Assembly of the OAS
The Commission was represented at the sixth regular session of
the General Assembly of the OAS, held in Santiago, Chile, from June 4 to
June 18, 1976, by its Chairman, Dr. Andrés Aguilar, by its Vice
Chairman, Dr. Carlos A. Dunshee de Abranches, and by Mr. Robert F.
Woodward, a member of the Commission.
Three items related to the IACHR appeared on the agenda of the
Assembly: (a) the Annual Report of the Commission; (b) the Second Report
on the Situation of Human Rights in Chile, prepared by the IACHR; and
(c) “Means to promote respect for human rights and to facilitate
cooperation by the member states for that purpose”, a document
presented by the Government of Chile. The First Committee of the General
Assembly (Legal and Political Affairs) decided to deal with the three
topics at the same time, without prejudice to the adoption of separate
resolutions on the said topics.
The Chairman of the Commission introduced the Annual Report of
the IACHR, and the “Second Report on the Situation of Human Rights in
Chile”, and provided the additional information requested of him.
The General Assembly, at its fourth plenary session held on June
17, 1976, adopted the three draft resolutions submitted to it by the
First Committee; the texts of these resolutions are given below: ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS1
THE GENERAL ASSEMBLY,
HAVING SEEN the annual report of the Inter-American Commission on
Human Rights for 1975, presented to it by the aforementioned Commission
(AG/doc.632/76); and
CONSIDERING:
That according to that report, on the one hand, progress has been
made in some countries in the hemisphere in the area of economic,
social, and cultural rights, and on the other, the situation regarding
effective observance and protection of civil and political rights, taken
as a whole, is not worse than in previous years; and that violence
continues to be a tool used by groups or organizations engaged in
imposing their own political choices, or by government officials and
agents and, consequently, the fundamental rights of life, liberty, and
personal security are in constant jeopardy and are frequently violated;
That the protection and safeguarding of human rights is one of
the high purposes of the Organization of American States, and the
observance of these rights is a source of friendship and solidarity
among the member states, guaranteeing respect for human life and the
dignity of man,
RESOLVES:
1. To take note of the
report and to thank the Commission for the work it has been carrying
out.
2. To recommend that the
member states, taking into account Part II of the aforementioned report
of the Inter-American Commission on Human Rights, continue to adopt and
apply the appropriate measures and legislative provisions to protect and
fully maintain human rights, in accordance with the “American
Declaration of the Rights and Duties of Man.” SECOND
REPORT OF THE INTER-AMERICAN COMMISSION ON
HUMAN RIGHTS “THE
STATUS OF HUMAN RIGHTS IN CHILE”1
WHEREAS:
This Assembly, at its fifth regular session adopted resolution
AG/RES. 190 (V-O/75) operative paragraph 4 of which requested “the
Inter-American Commission to secure, by all appropriate means,
additional information, to consider that information, and to submit a
report on the status of human rights in Chile” to this session of the
General Assembly, “ensuring that the Government of Chile has
reasonable time to submit its own observations”;
The Inter-American Commission on Human Rights submitted its
“Second Report on the Status of Human Rights in Chile” (AG/doc.
666/76) to this session;
The Government of Chile presented its observations on the
aforementioned report, with a note dated May 13, 1976 (AG/doc. 667/76);
The conclusions reached in the Commission’s report demonstrate
that although there has been a “quantitative drop in affronts to
certain fundamental human rights,” some of the legal provisions aimed
at preventing violation of those rights did not have appreciable
beneficial effects;
Although both the general and specific observations furnished by
the Government of Chile concerning the facts charged in some cases
nullify the charges, in others they fail to clarify information received
by the Commission on affronts to human rights;
Various delegations have made statements on the subject during
the sixth regular session of the General Assembly of the Organization;
The protection and safeguarding of human rights is one of the
high purposes of the Organization of American States, and the observance
of these rights is a source of friendship and solidarity among the
member states, guaranteeing respect for human life and the dignity of
man; and
It is the mission of the Inter-American Commission on Human
Rights to promote the observance and protection of human rights in every
country of the Americas,
THE GENERAL ASSEMBLY
RESOLVES:
1. To make a special appeal
to the Government of Chile to continue adopting and implementing the
necessary procedures and measures for effectively preserving and
ensuring full respect for human rights in Chile.
2. To request the Government
of Chile to continue giving the Inter-American Commission on Human
Rights all cooperation necessary to carry out its work and, at the same
time, provide appropriate guarantees to persons or institutions that may
provide information, testimony, or other types of evidence.
3. To express its
appreciation to the Inter-American Commission on Human Rights for its
“Second Report on the Status of Human Rights in Chile” and request
it to continue considering the status of human rights in that country
and to report on this subject to the seventh regular session of the
General Assembly in the manner it deems advisable. MEANS
TO PROMOTE RESPECT FOR HUMAN RIGHTS AND TO FACILITATE
COOPERATION BY THE MEMBER STATES FOR
THAT PURPOSE1
THE GENERAL ASSEMBLY,
HAVING SEEN the document containing the note from the Ambassador,
Permanent Representative of Chile, which proposes the inclusion of the
topic “Means to Promote Respect for Human Rights and to Facilitate
Cooperation by the Member States for that Purpose” (AG/doc. 620/76)
and the document presented by the same delegation to the sixth regular
session of the General Assembly, entitled “Points to be considered in
drawing up a draft resolution regarding the ‘Means to Promote Respect
for Human Rights and to Facilitate Cooperation by the Member States for
that Purpose’” (AG/doc. 2/76); and
CONSIDERING:
That during the course of this Assembly other delegations
proposed actions relating to the same topic,
RESOLVES:
1. To refer the
aforementioned documents and background material to the Permanent
Council of the Organization for study, and to request the Council to
inform the General Assembly, at its seventh regular session, of the
results of this study.
2. To request the
Inter-American Commission on Human Rights to submit to the Permanent
Council, for this purpose, its observations on the documents mentioned
in this resolution.
The Commission held its thirty-ninth session from October 25 to
November 5, 1976.
The following members participated in the session: Dr. Andrés
Aguilar (Venezuela); Dr. Carlos A. Dunshee de Abranches (Brazil); Prof.
Tom J. Farer (United States); Dr. Gabino Fraga (Mexico); Dr. Carlos García
Bauer (Guatemala); Dr. José J. Gori (Colombia) and Dr. Fernando Volio
Jiménez (Costa Rica), who were elected by the Permanent Council of the
OAS at its meeting held on May 5, 1976, pursuant to Article 4 of the
Statute of the Commission, for a term of four years beginning on June
20, 1976.
During this session, the Commission elected its officers,
pursuant to the provisions of Article 6.c of its Statute: Drs.
Aguilar and Abranches were reelected as Chairman and Vice Chairman,
respectively, for a term of two years. Also elected were Prof. Farer and
Dr. Fraga, as the third member of the Permanent Subcommittee and
alternate member, respectively.
In addition to studying denunciations of alleged violations of
human rights affecting large numbers of people, the Commission had to
attend to many other tasks. The dramatic increase in the denunciations,
and their gravity and frequency, gave rise to a careful study of the
overall status of human rights in several countries, and in some cases,
it was necessary to make a very detailed study of some important legal
questions.
In implementation of resolution AG/RES. 243 (VI-O/76), adopted by
the General Assembly at its sixth regular session, the Commission began
the process of drafting the third report on the status of human rights
in Chile. For this purpose, it prepared questionnaires to solicit
detailed information both from the Government of Chile and from
organizations in that country. The questionnaires were duly sent to the
proper recipients.
Lastly, the Commission studied the general situation in the
Americas, insofar as it pertains to the respect for and effective
protection of human rights, and the means that could be used to improve
this situation.
Other activities – Inter-American Yearbook on Human Rights
During this session, the Inter-American Yearbook on Human
Rights, 1969-1970 was published as the third volume in the series.
This bilingual volume covers in great detail the American
Convention on Human Rights and the Inter-American Specialized Conference
on Human Rights, at which the Convention was approved and which met in
San José, Costa Rica, in November 1969. It also contains the Protocol
of Amendment to the Charter of the OAS, insofar as it pertains to human
rights.
The volume also reports on the activities carried out by the
Commission during 1969 and 1970, and contains the reports and studies
prepared by it, as well as a bibliography on the subject of human
rights. The publication comprises 542 pages, and was prepared by the
Secretariat of the Commission. [
Table of Contents | Previous ]
1
OEA/Ser.L/VI/II.23, doc. 6 rev. 1, May 7, 1970. 2
OEA/Ser.L/V/II.38, doc. 12, 25 May 1976. 1
See Observations made by the Government of Chile on the
Second Report. OEA/Ser.P. AG/doc. 667/76. 1
AG/RES. 242 (VI-0/76). 1
AG/RES. 243 (VI-O/76). 1
AG/RES. 244 (VI-O/76). |