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REMARKS
BY THE CHAIRMAN OF THE IN
THE OPENING SESSION OF THE NINETY-FIRST REGULAR SESSION OF THE IACHR Washington,
D.C., February 26, 1996, 10:30 A.M.
Distinguished Chairman of the Permanent Council, Distinguished
Secretary General, Distinguished Assistant Secretary General, members
of the Commission, Ambassadors, Madame Executive Secretary of the
Commission, ladies and gentlemen:
It is with great satisfaction that I address you, in my
capacity as the Chairman of the Inter-American Commission on Human
Rights, in this opening session of the Commission's ninety-first
regular session.
In the first place, if you will, I would like to take this
opportunity to introduce to you and at the same time extend the most
cordial welcome to the three distinguished jurists who along with
myself were elected by the General Assembly in June 1995, and today
formally join the work of the Commission in plenary: Carlos Ayala
Corao of Venezuela; Jean Joseph Exumé of Haiti; and Professor Robert
Goldman of the United States. I
am also accompanied in this session by the First Vice-Chairman of the
Commission, Professor Claudio Grossman, of Chile, the Second
Vice-Chairman, Ambassador John Donaldson, of Trinidad and Tobago, and
Oscar Luján Fappiano of Argentina.
On behalf of the Commission I would like to express our sincere
thanks to the three members whose terms ended on December 31, 1995: Patrick Robinson, of Jamaica, who served as a member of the
IACHR for eight years and is now a candidate for the position of Judge
at the International Court of Justice; Leo Valladares of Honduras, who
also served the Commission for eight years and continues in his
position as the human rights ombudsman of his country; and finally,
Professor Michael Reisman, of the United States, who served as a
member of the Commission for five years and continues as a professor
of international law at Yale University.
Since the last session, which took place in September 1995, the
Commission's activity has been intense.
In addition to the day-to-day work, several members of the
Commission attended sessions of the Inter-American Court of Human
Rights in December 1995, and in January and February of this year. The
Commission also made an on-site visit to the Federative Republic of
Brazil, in early December, to observe the human rights situation in
that member state. This
visit was made on the invitation of the President, Fernando Henrique
Cardoso. The Commission
would like to reiterate once again its gratitude to the government of
the Federative Republic of Brazil, to its President, and to the
federal and state authorities for all of the facilities and
cooperation which they extended to ensure the visit and its success.
The Commission also wishes to express its gratitude to the
human rights community in Brazil for its collaboration and support for
carrying out the visit.
On December 12, 1995, the Commission received an invitation
from the illustrious Government of Mexico to conduct an on-site
observation visit to this member state. The Chairman of the Commission
has maintained conversations with Mexican authorities with respect to
this visit, and during this session a date for the visit will be
arranged with the Government of Mexico.
Mr. Chairman, distinguished representatives: In the great
majority of the member states of the OAS, the political conditions
have changed over the last few years, giving way to conditions more
appropriate for the consolidation of democratically-elected
governments. This
represents a fundamental step forward, because it is not possible to
maintain the effective observance of human rights without the
existence of a truly democratic regime.
Paradoxically, however, the number of complaints received by
the Commission has not diminished.
This can be explained, in part, by the fact that truly
democratic systems inspire the confidence that allows citizens to
recur to the organs of international protection when they believe that
the state does not recognize their fundamental rights.
Beyond the achievements obtained with respect to the protection
and consolidation of democratic governments in the region, it is
important to be very mindful that much remains to be done in terms of
promotion and protection of human rights, given that the violation of
these rights, principally of fundamental rights, such as the right to
life, personal integrity and liberty, and judicial protections and
guarantees, continue in many member states of the Organization.
The situation is very serious, for example, when detentions
occur under legislation that clearly violates the essential guarantees
and principles that should prevail in a state under the rule of law.
These include the trial of civilians by military tribunals, the
punishment of crimes committed by minors, and restrictions on the
judicial control of investigations into grave violations, all of which
are procedures commonly used in some member states of the
Organization.
Human rights, besides being an essential element of democracy,
also constitute a way of being, and a way of acting, a way to approach
the social reality of our countries.
In summary, human rights are a way to understand and grasp the
universal reality, as well as our regional realities.
I would like to note at this point that it has often been said
in our Organization that human rights are universal, indivisible, and
interdependent, and that they are interrelated.
It has also been argued that the international community should
treat these rights in a comprehensive fashion, and in a just and
equitable manner, on an equal footing, giving the same weight to all
rights.
The ratification of the American Convention and of other
inter-American treaties on human rights will contribute greatly to
what has been called the universality of human rights and the effort
to render more judicial the protection mechanisms in our region.
With the ratification of these instruments, and the acceptance
of the Court's jurisdiction by all the member states of the
Organization, the "universality" of human rights will be
expressed not only in abstract, but also in practice, given that it
will be possible to apply the same norms and the same criteria to all
of the states party. Some
states have not yet ratified the American Convention on Human Rights,
and there is an asymmetric relationship in the hemisphere regarding
acceptance of the compulsory jurisdiction of the Inter-American Court,
given that about 80% of the hemisphere's population lives in states
that have not recognized this jurisdiction.
This issue is very important at this time considering that the
"judicialization" and universalization of the procedures for
protection constitute a guaranty for all, in that it prevents
selectivity and treatment of cases in isolation fashion.
Moreover, universal ratification is what best suits the
humanitarian purpose of the mechanisms for the international safeguard
of human rights, and is, consequently, "that which assures the
primacy of the law in the search for justice."
In addition, it is important to reiterate that the connection
between civil and political rights and economic and social rights is
not only an ethical or moral imperative, but also a palpable condition
of peace and social stability, and that the protection of civil and
political rights is of little use without the existence of economic,
social, and cultural rights. Contemporary political thought has corrected the one-sided
concept of human rights, which cannot consist of vain invocations of
liberty; rather, they should be based on the "living
substance" of human beings, i.e. the right to life, to work, and
to attain what is needed to satisfy the urgent spiritual and material
needs.
Based on the relationship between or indivisibility of civil
and political rights, and economic, social, and cultural rights, now
accepted by the inter-American community, it is very difficult to
justify sacrificing some of these rights in favor of others.
The member states of the OAS as a whole, and some in
particular, continue to face the challenges that stem from social
injustice and extreme poverty. All human beings should enjoy what we could call "the basic life situation," which comprises a set of circumstances essential for a truly dignified, free, and human life, such as those related to adequate participation in culture and education, appropriate housing, and an income that enables them to satisfy the necessities of the individual and the family on an ongoing basis, without anxiety or shortages.
The public authorities and the legal system should endeavor to
ensure that no member of the community lives in conditions
incompatible with human dignity.
If within the framework of democratic institutions it is not
possible to construct an economic, social, and legal system that
facilitates respect for and the complete enjoyment of human rights, no
matter how many constitutionally-elected governments there may be,
there will be no state under the rule of law nor solid and stable
democratic institutions. Furthermore,
the solution is not in imposing regimes based on force, nor in
promoting hate and violence. The
notion that security and general prosperity constitute an end whose
means justify affecting human rights or the integrity of the
democratic system is false and must be rejected.
The truth, adapted to the legal conscience of the hemisphere,
teaches otherwise. The
expansion of the material forces and the correlative economic
improvement of the community are possible without detriment to
liberties, and with complete subjection to democratic forms of
government. Those
political regimes that deny well-being to their peoples are just as
censurable as those that seek to provide well-being on the basis of
scorn for or the breakdown of democratic institutions, which are the
only ones that can guarantee the liberty and happiness of peoples.
The common task of the member states of the organization, and
of the inter-American community in general, is to uphold democratic
values fully reinserted in their foundation and raison d'être, i.e.
human rights, civil and political as well as economic and social.
I would like to reiterate the Commission's gratitude to the
governments of the member states for the increase in resources, for
the 1996-1997 biennium, approved by the General Assembly at its
twenty-fifth session.
I would also like to convey the gratitude of the Commission to
the Secretary General for the valuable assistance he has rendered to
the Commission which includes, among other things, the designation of
a new Deputy Executive Secretary, as requested by the IACHR, which in
September of this year amended its Regulations for this purpose.
In the performance of the Commission's functions, the
contributions of its members are, of course, essential.
But the work of the Secretariat is also of fundamental
importance. Before ending, I would like to express my profound gratitude
to all of the staff of the Executive Secretariat of the Commission,
and very especially to the Executive Secretary, Ambassador Edith Márquez,
for her knowledge of the inter-American system of human rights, for
her diplomatic experience, for her good judgement, and for the dignity
she has always displayed, but fundamentally for her loyalty and
dedication to the Commission and the cause of human rights.
SUBMISSION OF THE 1995 ANNUAL REPORT OF THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS BY
ITS CHAIRMAN, DEAN CLAUDIO GROSSMAN,
TO THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS
OF THE OAS PERMANENT COUNCIL Distinguished
Chairman of the Committee on Juridical and Political Affairs Distinguished
Ambassador Permanent Representatives Distinguished
Alternative Representatives Distinguished
members of the Commission Distinguished
Executive Secretary of the IACHR
For me it is an honor to submit to the Committee on Juridical
and Political Affairs of the Permanent Council the Annual Report for
1995, which the Inter-American Commission on Human Rights forwards for
the consideration of the General Assembly.
Before beginning the presentation of the Report, I note that I
am accompanied by the First Vice-Chairman of the Commission,
Ambassador John Donaldson, the Second Vice-Chairman, Carlos Ayala
Corao, and the other members of the Commission, Jean Joseph Exumé,
Alvaro Tirado Mejía, Oscar Luján Fappiano, and Robert Goldman.
We are also accompanied by the new Executive Secretary,
Ambassador Jorge Enrique Taiana, who I would like to introduce to you,
as I also welcome him once again and wish him much success in his work
at the helm of the Commission's Executive Secretariat.
The IACHR has been most pleased to receive the appointment of
this distinguished Argentine diplomat, and has no doubt but that his
contribution will help strengthen and develop the inter-American
system for the protection of human rights.
The report I submit was adopted during the ninety-first regular
session, held in February and March of this year, and was prepared
mindful of the guidelines established by the General Assembly in
Resolution AG/RES. 331, as well as those set forth at Article 63 of
the Commission's Regulations.
Content of the Report
The report, pursuant to the criteria set forth in the
above-noted resolution, has five chapters.
This report, as the Representatives may have noted, does not
include the reports on the human rights situation in several states
that had appeared in earlier years.
The absence of such a section reflects a decision by the
Commission for this year only, for the purpose of reviewing the
criteria needed for making its general reports more coherent and
efficient.
As is customary, the first chapter refers briefly to the
origins and legal bases of the Commission.
This chapter also describes the activities the Commission has
carried out in 1995 with other OAS organs as well as other
international organizations involved in the promotion and protection
of human rights.
The second chapter contains a brief account of
the Commission's activities in 1995.
Important aspects of this chapter include the on-site visits by
the Commission and its activities before the Inter-American Court of
Human Rights. In the period covered by the report I am submitting, the
Commission undertook the following on-site visits: to Haiti March 20 to 24, 1995; and to Brazil, December 4 to
8, 1995.
During its visit to Brazil the Commission observed, inter
alia, the concern of the federal government, particularly of
President Fernando Henrique Cardoso, for human rights, which has
translated into human rights becoming part of the national debate, and
a process that includes reform of legal instruments and institutions,
and other valuable measures aimed at promoting and strengthening a
culture of respect for these rights.
In the United States the Commission visited various prisons,
including at Lompoc, in California, and Leavenworth penitentiary in
Kansas. At both of these
institutions the Commission received information about the status of
the prisoners and inquired into general prison conditions.
From December 11 to 13, 1995, a mission from the Commission
traveled to Colombia to observe, at the parties' request,
implementation of the commitments they have assumed in an effort to
achieve friendly settlement in several cases before the Commission.
From July 5 to 10 a similar mission went to the Republic of
Guatemala to help secure protection for a Prosecutor facing death
threats.
As the Representatives will have noted, two-thirds of the
report corresponds to the third chapter, on individual
cases. In the new hemispheric framework, with elected governments,
except for Cuba, the Commission has redirected its efforts, so as to
adapt them to the new circumstances.
In effect, more than general on-site visits whose purpose was
to mobilize international public opinion to bear witness credibly, as
a basis for opinions on situations of massive and systematic
violations, the new hemispheric reality allows for a one-by-one study
of individual cases. The
purposes of these cases is to strenghthen democratic government.
This is attained through a dual effort:
first, with early detection of violations which, if not
resolved in the domestic system, may lead to an erosion of democracy;
and second, as in the European system, the case system helps to expand
and further democracy, by applying provisions freely consented to that
expand individual rights. The
annual report includes examples of both types of cases, which I am not
going to discuss at length since they are available to the
distinguished Representatives in the report.
The cases also have other valuable effects.
First, they make it possible for the legal culture to advance,
as interpretations are put forth of international provisions.
The cases included in this year's report offer solid and
well-grounded interpretations on the right to life, the concept of
arbitrary and illegal detention, the right to be judged within a
reasonable term, the right to be presumed innocent, the
conceptualization of rape as torture, and the criteria for determining
whether given conduct is tantamount to torture.
From the procedural standpoint the cases presented in this
period include valuable points on friendly settlement, exhaustion of
domestic remedies, the burden of proof, and the criteria for weighing
evidence. In addition,
existing legal concepts on international liability and emergency
situations are developed further.
The greater legal complexity of the cases that the Commission
has been deciding, which arises from the new hemispheric situation,
which I have already mentioned, has created mounting demands on the
IACHR. These include mounting demands to enhance the legal reasoning
and to ensure certainty or foreseeability, for both the petitioners
and the states and on the rights and procedures established in the
national system. In
addition to the qualitative increase in the Commission's work, there
has been a quantitative increase in the number of complaints received
and cases processed.
In light of this major development of the regional system, it
is essential to continue strengthening the legal work of the IACHR. To this end, we hope to enjoy the cooperation of all users,
especially you, the democratic states of the hemisphere, in
strengthening the Commission's legal work.
I would not like to conclude my interpretation of the case
system without noting that we should keep in mind that the case system
does not refer only to abstract substantive or procedural issues.
Thousands and thousands of men and women of the hemisphere, in
submitting a case, seek to satisfy their expectation of justice.
In this mission the Commission directly strengthens democracy,
as numerous victims regain their faith in the rule of law and
democracy in the work of the Commission.
The fourth chapter of the report refers to the
status of work on a future inter-American declaration on the rights of
indigenous peoples that the Commission has been preparing, pursuant to
General Assembly resolution AG/RES. 1022 (XIX-0/89).
After several internal reviews, in September 1995 the
Commission approved the draft for consultation that is included in
this chapter. A round of
consultations with the member states and other institutions was
initiated based on this draft.
The Commission hopes to be able to analyze the observations of
the member states on this draft in September of this year and in
February 1997 so as to complete the draft declaration so that it can
be considered by the General Assembly at its twenty-seventh regular
session, in 1997.
The fifth chapter contains a progress report on
the project on prison conditions in the Americas, and a similar report
on the draft instrument to promote and protect women's rights in the
hemisphere, and to eliminate discrimination against women.
The Commission, as is customary, has included a report on the
status of inter-American conventions and protocols on human rights, in
several annexes.
Distinguished Chairman and Representatives, I would like to
take this occasion to inform the Representatives that the Commission
has developed a set of initiatives aimed at strengthening the
inter-American human rights system, and to increase its ability to
respond to the changing demands that stem from the process of
consolidation and expansion of democratic government in the
hemisphere. These
initiatives are essentially aimed at strengthening its working
methodology, encouraging promotion activities, and exploring
additional ways to adapt the system for the promotion and protection
of human rights to the new realities.
The Commission has taken several initiatives with respect to
its working methodology: it
has strongly urged the parties to consider the possibility set forth
in the Convention of reaching friendly settlement in the cases.
I am pleased to report to the distinguished Delegates that the
Commission has been pleased that several governments, as well as the
petitioners in many cases, have opted to undergo this procedure, with
very good results.
In an effort to alleviate the Commission's overloaded work
program, and in view of the many requests for hearings by petitioners
and member states, a practice has been established of holding hearings
the week prior to the session. In
addition, a third annual meeting has been added to move forward in
carrying out its functions of resolving cases, planning on-site
visits, contributing to promotion activities, and performing its
general functions.
As I noted earlier, the Commission has placed emphasis on
improving and furthering its analysis of the cases declared
admissible, on which the Commission has agreed to prepare reports.
I believe it is especially important to note that this emphasis
does not mean that on-site visits should not take place.
In effect, the on-site visits continue to be essential, either
to analyze general situations or to explore specific rights in a given
country. Promotion
activities help to make the system generally known, and to advance the
legal culture on human rights and the regional system.
In this and other areas within the functions of the IACHR, I
would like to reiterate the need for a fruitful dialogue with the
states and the users of the system.
The Commission views the contributions that you can make to
improve its procedures as a valuable contribution to its work.
I would like to note, in this regard, that there has already
been a major contribution by the member states and the petitioners in
terms of improving the quality of legal analysis by the parties in
cases before the Commission.
The Commission, of course, does not consider itself infallible.
Therefore it needs to have the support, criticism, and
viewpoints of the member states. This will contribute to increasing the level of legal debate,
without prejudice to the states having independent and adequate
mechanisms through requests for advisory opinions or through other
procedures before the political organs and before the Inter-American
Court of Human Rights, to subject the Commission's legal reasoning to
informed scrutiny.
Another important aspect of which the Commission is mindful,
because it is an essential requirement for the performance of its
work, is the independence of its members, alluded to in Article 70 of
the American Convention. According
to this decision, the states parties undertake to extend to the
members of the Commission and the judges of the Court the immunities
recognized for diplomats under international law, for the duration of
their terms, and extend to them the privileges they need to perform
their functions. The
independence of the Commission, like the independence of the
judiciary, is a general requirement of democracy and of the advance
and consolidation of the rule of law.
The Commission has been maintaining a very fruitful dialogue
with the Secretary General of the Organization, César Gaviria
Trujillo, who has lent major support to the Commission's activities.
The Secretary General has made major contributions in relation
to the role of human rights and the consolidation of democracy in the
hemisphere. In addition,
he has kept his door open to the Inter-American Commission on Human
Rights.
Distinguished Representatives, we are living in new times, and
times of great promise in the hemisphere, a hemisphere in which never
before have so many men and women had the essential possibility of
developing as free beings. In
this context, the regional system should adapt its purposes,
procedures, and mechanisms to allow for this development.
To this end it is essential that initiatives be taken that
conceptualize and give leadership in the area of human rights.
To participate in this process of thought, analysis, and
creative reflection, the Commission has scheduled a meeting of experts
on human rights to be held in November of this year.
We hope that this meeting results in a better understanding of
the new needs of human rights protection in the hemisphere, and helps
identify an agenda for progress and change to the benefit of the
regional system.
Finally, on behalf of the Inter-American Commission on Human
Rights, I would like to express gratitude for the support extended by
you, the freely-elected governments of the hemisphere, who define as
the fundamental objective of your policy the attainment of forms of
government in which the rights of all individuals expand constantly.
SUBMISSION OF THE ANNUAL REPORT OF THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS FOR 1995,
BY ITS CHAIRMAN, DEAN CLAUDIO GROSSMAN,
BEFORE THE FIRST COMMITTEE OF THE GENERAL ASSEMBLY
(Panama City, June 4, 1996) Distinguished
Chairperson of the First Committee Distinguished
Delegates Distinguished
Secretary General Distinguished
Permanent Observers Ladies
and Gentlemen
As Chairman of the Inter-American Commission on Human Rights (IACHR),
I am honored to submit to the First Committee the Annual Report for
1995, which the IACHR is forwarding for consideration by the General
Assembly, pursuant to Article 53(f) of the Organization's Charter and
Article 41(g) of the American Convention.
It is a great personal honor to serve as the spokesperson of an
organ that expresses the loftiest legal-ethical traditions of the
hemisphere. It is an organ
which, through its work, has helped create a regional human rights
system that has enshrined in law fundamental values of the rule of law,
such as non-discrimination, respect for life, personal integrity,
judicial guarantees, and due process of law.
The Commission has also become the hope for thousands and
thousands of women and men in the region to secure justice and respect
for their fundamental rights. Personally,
I am also very honored to serve on the Commission with jurists of the
finest quality and of unquestionable probity.
In this regard, I should note that I am accompanied today by the
First Vice-Chairman of the Commission, Ambassador John Donaldson; the
Second Vice-Chairman, Carlos Ayala Corao; and the new Executive
Secretary, Ambassador Jorge Enrique Taiana, along with Deputy Executive
Secretaries Domingo E. Acevedo and David Padilla.
In my remarks I will first address the Annual Report for 1995,
explaining its structure and contents.
I will then refer to initiatives of the IACHR to enhance the
regional system; and I will conclude with an assessment of the
contributions made by the various actors to the system, and with a
proposal on analyzing the regional system.
I.
STRUCTURE AND CONTENTS OF THE ANNUAL REPORT
The Annual Report that I submit has been prepared based on the
guidelines established by the General Assembly in Resolution AG/RES.
331.
Pursuant to the criteria established in the resolution noted
above, the Report has five chapters.
The first chapter refers briefly to the origin and
legal bases of the Commission. This
chapter also describes the Commission's activities in 1995 with other
OAS organs, and with other international agencies involved in the
promotion and protection of human rights.
The second chapter contains, also briefly, a list
of the Commission's activities in 1995.
One important area of work in this chapter involves the on-site
visits made by the Commission and the Commission's activities before the
Inter-American Court of Human Rights.
In the period covered in the report I am submitting, the
Commission made the following on-site visits:
to Haiti, March 20 to 24, 1995; and to Brazil, December 4 to 8,
1995.
I take this opportunity to express thanks and appreciation for
the facilities provided by the Haitian Government, which we noted in our
previous report.
During the visit to Brazil the Commission took note of the
constant concern of the federal government, particularly of President
Fernando Henrique Cardoso, for human rights, which has been translated
into human rights becoming part of the national debate, and into a
process that includes reform of legal instruments, support for
institutions, and other valuable steps aimed at effectively promoting
and strengthening respect for human rights.
In addition to these two on-site visits, a delegation of the
Commission visited various prisons in the United States, including at
Lompoc, in California, and Leavenworth penitentiary in Kansas.
At both of these institutions the Commission received information
and freely inquired of prison conditions.
We wish to thank the Government of the United States for the
invitation, which was extended in the context of the IACHR's work on
prison conditions in the hemisphere.
From December 11 to 13, 1995, a mission from the Commission
traveled to Colombia at the parties' request to observe implementation
of the commitments they have assumed in an effort to achieve friendly
settlement in several cases before the Commission.
From July 5 to 10 a similar mission went to the Republic of
Guatemala to help secure protection for a Prosecutor facing death
threats.
We also wish to thank the Governments of Guatemala and Colombia
for the facilities offered to carry out these important visits.
When I addressed the Representatives in the Committee on
Juridical and Political Affairs of the Permanent Council, I noted that
two-thirds of the report corresponds to the third chapter,
on individual cases.
The new hemispheric conditions, characterized by
democratically-elected governments, except for Cuba, have created
different and improved conditions for the protection and promotion of
human rights. Today it is possible to address specific situations, through
cases, while in the past the existence of authoritarian governments
required general reports that referred to the overall situation in a
given country.
The system of individual cases accomplishes a dual function:
First, through the individual cases, the international community
receives an early warning of violations which, if not corrected, can end
up destroying democracy. The
summary executions and torture reported, for example, if true and
covered by impunity, pose the grave threat of undercutting the very
viability of democracy.
In this sense, the case system is a warning mechanism as to the
existence of serious problems that facilitates international action
before the situation reaches a point of no return.
To strengthen the effective action of the IACHR in the case of
complaints regarding threats to the right to life and personal
integrity, the Commission has implemented an immediate action system.
This system often requires requests for "precautionary
measures" approved by the Commission or, in extremely grave and
urgent cases, and when necessary to prevent irreparable harm to persons,
through "provisional measures," which the Commission requests
of the Court pursuant to Article 63(2) of the American Convention. At present the Commission is processing a total of 26
precautionary measures and six provisional measures before the
Inter-American Court, in addition to a request brought last week on
which no decision has yet to be adopted.
In addition to preventing the deterioration of democracy through
cases, the Commission believes that the case system helps broaden and
further the democratic ideal by applying rules freely consented to that
expand and consolidate the observance of fundamental rights.
In effect, democracies by definition are systems of government in
movement and constant expansion. The
types of cases that reach us aimed at consolidating and expanding
democracy refer, for example, to due process of law, the independence
and effectiveness of the judiciary, access to courts and attorneys,
reasonable time frames, detention without trial, freedom of press, and
women's rights.
The case system has also been essential for contributing to the
strengthening of inter-American law.
The annual report includes cases that offer solid and
well-grounded interpretations on protection of the right to life, the
concept of arbitrary and illegal detention, the right to be judged in a
reasonable time frame, the right to be presumed innocent, the
conceptualization of torture, and the criteria for discerning
violations, and other inhumane and degrading treatment, such as torture.
In addition, from the procedural standpoint, the cases included
in the Annual Report make valuable contributions in the areas of
friendly settlement, the exhaustion of domestic remedies, the burden of
proof, and criteria for weighing the evidence. In addition, existing legal thinking is expanded in the areas
of international liability and emergency situations.
The greater juridical complexity of the cases has created growing
demands on the IACHR. The
Commission's mandate in respect of the processing of individual
petitions has been expanded in recent years, in part due to the cases
the Commission submits to the Inter-American Court.
At present, not including the processing of the seven provisional
measures I mentioned earlier, the Commission has 12 cases before the
Inter-American Court.
But independent of the qualitative increase in the Commission's
work, there has also been a quantitative increase in the complaints
lodged and cases being processed. Of
the total, 726, i.e. 93 percent, refer to complaints of violations of
the right to life and personal integrity.
In light of this major development in the regional system, it is
essential to continue strengthening the legal work of the IACHR. To this end, we hope to enjoy the cooperation of all the
users, in particular, the democratic states of the hemisphere.
The IACHR would like to note that in this regard it does not
believe its interpretations, despite the constant efforts made, are free
from criticism and of the strictest scrutiny.
The IACHR believes that the contribution of both the governments
and the users of the system is essential.
At the same time, we would like to recall that it is always
possible to seek advisory opinions from the Court on questions of law,
and also to submit the legal arguments of the IACHR to the Court in
contentious cases when the states take issue with the Commission.
The fourth chapter of the report refers to the
status of work on a future inter-American declaration on the rights of
indigenous peoples that the Commission has been preparing, pursuant to
General Assembly resolution AG/RES. 1022 (XIX-0/89).
After several internal reviews, in September 1995 the Commission
approved the draft for consultation that is included in this chapter.
A round of consultations with the member states and other
institutions was initiated based on this draft.
The Commission hopes to be able to analyze the observations of
the member states on this draft, in the sessions to be held in September
of this year and in February 1997, in order to complete the draft
declaration so that it could be considered by the General Assembly at
its twenty-seventh regular session, in June 1997.
The fifth chapter contains a progress report on the
project on prison conditions in the Americas, and a similar report on
the draft instrument to promote and protect women's rights in the
hemisphere, and to eliminate discrimination against women.
On this issue, though what I am going to say does not appear in
the report, I should mentioned that the IACHR, together with the
Inter-American Commission of Women, the Inter-American Institute of
Human Rights, and the Pan American Health Organization, in March of this
year held a conference on "women, human rights, and the
inter-American system." The
panelists, experts, and persons selected from the different countries of
the hemisphere considered issues relating to violence against women,
discrimination, and women's political participation, and made
recommendations in the framework of the 1995 Beijing Conference.
The Commission, as is customary, has included in several annexes
a report on the status of inter-American conventions and protocols on
human rights. In this
General Assembly we were honored to attend the ratification, by Costa
Rica, of the Inter-American Convention On Forced Disappearance of
Persons, bringing to four the states parties to date.
Costa Rica has now joined Uruguay, Panama, and Argentina, whose
acts of ratification we have also been privileged to attend.
This report, as the distinguished Representatives will have
noted, does not include the reports on the general human rights
situation in several states that had appeared in earlier years.
As I had occasion to express on submitting the Report to the
Committee on Juridical and Political Affairs of the Permanent Council,
the absence of such a chapter is the result of an agreement adopted by
the Commission for this year alone, for the purpose of reviewing the
criteria that have been used to date, and in so doing to make the report
more coherent, and if possible to increase the effectiveness of its
general reports.
Consequently, beginning with the publication of the Commission's
next annual report, once again, as in prior years, Chapter IV will
include reports on the human rights situation in several member states.
II.
INITIATIVES OF THE COMMISSION FOR IMPROVING THE REGIONAL SYSTEM Distinguished
Chairman and Delegates:
After this brief introduction to the Annual Report, I would like
to address other issues that the Commission considers very important.
First, I should note that the IACHR considers it a permanent task
to constantly improve its work. In
this regard, the Commission is developing a set of initiatives aimed at
strengthening the inter-American system for protection and improving its
ability to respond to the changing demands that stem from the process of
consolidation and expansion of democratic government in hemisphere.
These initiatives are essentially aimed at strengthening its
working methodology, encouraging promotion activities, and exploring
additional ways to adapt the system for the promotion and protection of
human rights to the new realities.
The Commission has taken several initiatives with respect to its
working methodology: it has
strongly urged the parties to consider the possibility provided for in
the Convention of reaching a friendly settlement of the cases.
I am pleased to report to the distinguished Delegates that the
Commission has looked favorably upon the fact that several governments,
as well as the petitioners in many cases, have opted to undergo this
procedure, with very good results.
The IACHR has taken special measures to follow the order
established in the Convention and regulations so as to strengthen the
legal rigor of its procedures. This
has included:
a)
Records of petitions
b)
Following the order of procedure laid out in the Convention,
i.e.:
-
Admissibility
-
Determination of the facts
-
Friendly settlement
-
Case decision
It has also regulated the hearings system, establishing criteria
for the granting of hearings, and their purpose.
The IACHR has also continued strengthening the legal rigor of its
decisions, as required for the consideration of the facts and legal
arguments underpinning its decisions.
In an effort to alleviate the Commission's overloaded work
program, and in view of the many requests for hearings by petitioners
and member states, a practice has been established of holding hearings
the week prior to the session. In
addition, a third annual meeting has been planned to advance in
performing its functions of resolving cases, planning on-site visits,
and participating in the promotion activities.
The promotion activities contribute to general knowledge of the
system, and increase legal learning with respect to human rights in
general and the regional system in particular.
In this and other areas, I would like to reiterate the
Commission's need to maintain a positive dialogue with the member
states, and with the other users of the system. The member states are in a position to make very valuable
contributions to improve the work of the IACHR.
Mr. Chairman:
I would also like to refer to another aspect that is of concern
to the Commission: As you
know, the defense of human dignity, expressed in the promotion and
protection of the fundamental rights of the person, are the basic
paradigm for the activities of the Inter-American Commission on Human
Rights. The right to life,
integrity, and personal liberty, and to the protection of judicial
guarantees are, among many others, issues of constant concern to the
Commission. Consequently,
when one person is deprived of his liberty in violation of the law, the
Commission focuses its attention, in principle, on the observance by the
state of the due process protections in its own law and in the
mechanisms used for detention.
But the situation can be far more serious, when the detentions
occur under legislation that manifestly undercuts basic guarantees and
principles that should govern in a state under the rule of law: Trial of civilians by military courts, the punishment of
crimes committed by minors, the restrictions on judicial control of
investigations, and the prolonged solitary confinement of persons
detained, often illegally, are still, unfortunately, procedures commonly
applied in a few member states of the Organization.
The IACHR will continue to remind the states of the need to adapt
their domestic law to the international obligations to which they have
freely consented.
In order to minimize the effect of the violations that derive
from these and other situations, the Commission adopts decisions and
makes general recommendations to protect the rights of individuals,
based on the competence and procedures assigned to it by the
inter-American legal instruments, whose nonperformance is quite often
reflected in grave injustices to the persons affected.
The Commission believes it is extremely difficult to implement
these decisions and recommendations.
This situation is unacceptable for the system itself, and for the
victims of human rights violations.
The nonperformance is more unjust and lamentable in those cases
in which the Commission's recommendations are based on imperative norms
of international law expressly ratified by the states.
The Commission--and each of us--condemns terrorism, violence,
crime, corruption, drug-trafficking, and other very serious threats to
the civilized coexistence of human beings.
The IACHR considers that democracy is the appropriate way to
address these scourges, and reiterates as its doctrine the compatibility
among citizen security, the rule of law, and respect for and the
protection of human rights.
I would also not wish to let this opportunity pass, distinguished
Chairman and Delegates, without mentioning once again that the effective
observance of judicial guarantees is indissolubly conditioned on the
independence of the judiciary. This
is an issue that continues to concern the Commission.
If the mission is to protect the rights of the human person vis-à-vis
possible abuses by state agents, it is essential that one of the organs
of that state enjoy the independence that would allow it to pass
judgment on the actions of the Executive branch and on the laws passed
by the Legislative branch, and in general the activities of all other
organs vested with public authority.
III.
CONTRIBUTION OF THE SECRETARY GENERAL, THE GOVERNMENTS, AND THE
USERS OF THE SYSTEM
The Commission has been maintaining a very fruitful dialogue with
the Secretary General of the Organization, César Gaviria Trujillo, who
has been most supportive of the Commission's activities.
The Secretary General has made major contributions to the role of
human rights and the consolidation of democracy in the hemisphere.
In addition, he has kept his door open to the Inter-American
Commission on Human Rights.
In addition, I would like to recall the cooperation that the
IACHR has received from the governments.
Their observations and criticisms are welcome.
They meet the objective we all share of engaging in a permanent
dialogue to facilitate the enhancement of a system whose ultimate
purpose is to increase, constantly, the protection due all persons,
without discrimination of any kind.
Similarly, the non-governmental organizations, a democratic
expression of civil society in the hemisphere, have also contributed
with their work of disseminating information and providing significant
representation to the defense and protection of human rights in the
hemisphere, and the other activities of the IACHR.
IV.
MEETING OF EXPERTS ON HUMAN RIGHTS
Mr. Chairman, distinguished Delegates:
We are living amidst promising times in a hemisphere in which
never as today have so many men and women enjoyed the essential
possibility of developing as free beings. The common task of the member states of the Organization, and
of the inter-American community in general, is to consolidate democratic
values and reinsert them in their foundation:
the defense and protection of the fundamental rights of the
person.
In this context, the regional system should adapt its purposes,
procedures, and mechanisms to allow for that development.
To this end, it is essential that initiatives be taken that
conceptualize and give leadership in the area of human rights.
To participate in this process of thought, analysis, and creative
reflection, the Commission has scheduled a meeting of experts on human
rights to be held in December of this year, to which it will invite
representatives of governments and non-governmental organizations.
We hope that this meeting results in a better understanding of
the new needs for human rights protection in the hemisphere, and helps
identify an agenda for progress and change to the benefit of the
regional system, which no doubt will redound to the strengthening of
democracy in the hemisphere. Finally, on behalf of the Inter-American Commission on Human Rights, I would like to thank you for your support, the support of the freely-elected governments of the hemisphere, who define as the fundamental objective of their policy bringing about societies in which the rights of all individuals constantly expand.
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