ANNUAL REPORT OF THE IACHR 2006

F.         Thirty-sixth regular session of the OAS General Assembly

100.          During the thirty-sixth regular session of the General Assembly of the Organization of American States, which was held in Santo Domingo, Dominican Republic from June 4 to 6, 2006, the Commission was represented by its President, Evelio Fernández Arévalos and its Executive Secretary Santiago A. Canton. The Commission’s President addressed the General Assembly on the general situation of human rights in the OAS member states and formally presented the Commission's 2005 Annual Report.

101.          The General Assembly adopted several resolutions in the area of human rights and humanitarian law.  Because of their importance for the promotion and defense of human rights in the Americas and for consolidation of the inter-American system, the following resolutions are reproduced below:

AG/RES. 2162 (XXXVI-O/06)

MECHANISM TO FOLLOW UP ON IMPLEMENTATION OF THE INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT, AND ERADICATION OF VIOLENCE AGAINST WOMEN, “CONVENTION OF BELÉM DO PARÁ”

(Adopted at the fourth plenary session, held on June 6, 2006)

THE GENERAL ASSEMBLY,

HAVING SEEN resolution AG/RES. 2138 (XXXV-O/05), “Fourth Biennial Report on Fulfillment of Resolution AG/RES. 1456 (XXVII-O/97), ‘Promotion of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, Convention of Belém do Pará,’” which requested the Permanent Council to report to the General Assembly at its thirty-sixth regular session on implementation of the Mechanism to Follow Up on Implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará” (MESECVI);

CONSIDERING:

            That the Convention of Belém do Pará, adopted in 1994, states in its preamble that “the elimination of violence against women is essential for their individual and social development and their full and equal participation in all walks of life”;

            That, in the Convention of Belém do Pará, the states parties “agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate” all forms of violence against women; and

That the Convention of Belém do Para is the only specific, binding international legal instrument on gender-based violence and has become an important driving force for the states parties thereto to undertake to implement policies, laws, and national and regional action programs to eradicate violence against women;

OBSERVING that, to date, following ratification by the Government of Jamaica, 32 member states have ratified the Convention of Belém do Pará, thereby expressing their absolute rejection of and concern over any act of gender-based violence and demonstrating their commitment to the fulfillment of the Convention’s objectives and of the obligations they have assumed;

BEARING IN MIND that the Plans of Action of the Summits of the Americas, the Strategic Plan of Action of the Inter-American Commission of Women (CIM), and the Inter-American Program for the Promotion of Women’s Human Rights and Gender Equity and Equality (IAP) have considered gender-based violence as an area for priority attention;

BEARING IN MIND ALSO:

That the reports of the Special Rapporteurship on the Rights of Women of the Inter-American Commission on Human Rights have demonstrated a marked interest in implementing and following up on the Convention; and

That despite the steps taken by countries in the region, violence against women continues to be an area of special concern, which led the states parties to establish a mechanism to follow up on implementation of the Convention of Belém do Pará, as a means by which to gauge progress and trends toward the fulfillment of its objectives and to facilitate cooperation among the states parties and with all member states of the Organization of American States (OAS); and

RECALLING:

That on October 26, 2004, the Conference of States Parties to the Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará,” with the participation of the states not party and with technical assistance from the Inter-American Commission on Human Rights (IACHR) and the OAS Secretariat for Legal Affairs, adopted the Statute of the MESECVI;

That the OAS General Secretariat, through the Permanent Secretariat of the CIM, serves as the secretariat to the organs of the MESECVI, with advice, where appropriate, from the IACHR, as well as from other areas of the General Secretariat;

That during the First Meeting of Experts, on August 24, 2005, regulatory instruments were adopted to govern the work of the Committee of Experts of the MESECVI, along with the criteria to guide the first round of evaluation; and

That, to date, 26 states parties have appointed experts and competent national authorities, and that the time frames and actions agreed to by the states parties and the experts are being kept to, in accordance with the work schedule adopted,

RESOLVES:

1.         To take note of the report of the Permanent Council on implementation of the Mechanism to Follow Up on Implementation of the Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará” (MESECVI).

2.         To welcome the start of procedures that will lead to the first round of evaluation of the MESECVI; and to express its conviction that this exercise will contribute significantly to achievement of the objectives set forth in the Convention.

3.         To congratulate the states parties for their efforts to fulfill the objectives of the Convention by implementing the MESECVI; and to urge those that have not already done so to appoint an expert and competent national authority and to submit their responses to the questionnaire, in order to guarantee the full implementation and success of the Mechanism.

4.         To reiterate its gratitude to the Permanent Secretariat of the Inter-American Commission of Women (CIM) for its support of the states parties during the process of adoption of the MESECVI and to thank it for the important role it plays as secretariat of the Mechanism with a view to contributing to the fulfillment of the objectives of the Convention of Belém do Pará.

5.             To call upon the member states to consider, as the case may be, signing and ratifying, ratifying, or acceding to the Convention of Belém do Pará.

6.             To invite all states parties and states not party to the Convention, permanent observers, international financial institutions, and civil society organizations to contribute to the Specific Fund established in the Organization of American States to finance MESECVI’s operations.

7.             To thank the Government of Mexico for its valuable contributions to the Mechanism, in both financial and human resources, and the Government of Brazil for its financial contribution.

8.             To request the Secretary General once again to allocate more human, technical, and financial resources to enable the CIM to continue supporting the efforts of the states parties regarding the full implementation of the Convention of Belém do Pará, as well as other initiatives by the member states geared toward the elimination of violence against women.

9.             To request the Permanent Council to report to the General Assembly at its thirty-seventh regular session on MESECVI activities and the outcomes of the first evaluation round. 
 

AG/RES. 2167 (XXXVI-O/06)

ESTABLISHMENT OF THE COMMITTEE PROVIDED FOR IN THE

INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS
OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES

(Adopted at the fourth plenary session, held on June 6, 2006) 

THE GENERAL ASSEMBLY,

RECALLING its resolution AG/RES. 1608 (XXIX-O/99), in which the General Assembly adopted the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities;

CONSIDERING:

That the Heads of State and Government, gathered at the First Summit of the Americas (Miami, 1994), the Second Summit of the Americas (Santiago, 1998), and the Third Summit of the Americas (Quebec City, 2001) reaffirmed their commitment to protect the human rights and fundamental freedoms of all, including those in situations of vulnerability or marginalization and, among them, persons with disabilities and others needing special protection, and undertook to eradicate all forms of discrimination and to achieve the full participation of all individuals in the political, economic, social, and cultural life of the countries of the region;

That in the Declaration of Florida:  Delivering the Benefits of Democracy, adopted by the General Assembly at its thirty-fifth regular session, the governments reaffirmed the commitment to eliminate all forms of discrimination and intolerance, particularly those based on gender, ethnic origin, race, religion, and disability, as a fundamental element in strengthening democracy;

That in the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, in November 2005, the governments undertook to develop and strengthen policies to increase opportunities for decent, dignified, and productive work for senior citizens and persons with disabilities, and ensure compliance with national labor laws in this area, including eliminating discrimination against them in the workplace, and to consider a declaration on the decade of the Americas for persons with disabilities (2006-2016), together with a program of action;

That the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities entered into force on September 14, 2001;

That Article VI of the aforementioned Convention provides for the establishment of a Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities, composed of one representative appointed by each state party, to follow up on the commitments undertaken in the Convention.  It also provided that the Committee would hold its first meeting within the 90 days following the deposit of the 11^th instrument of ratification, which occurred when Nicaragua ratified the Convention on November 25, 2002; and

That the aforementioned article also stated that the first meeting of the Committee should be convened by the General Secretariat of the Organization of American States; and

TAKING INTO CONSIDERATION that in order to ensure effective compliance with the obligations taken on by the states parties it is necessary and advisable to activate the Committee provided for in the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities as soon as possible,

RESOLVES:

1.          To request the Secretary General to convene, in accordance with Article VI of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, the first meeting of the Committee during the second half of 2006.

2.          To request that the Secretary General, taking into account the contributions of the Inter-American Commission on Human Rights and of the civil society organizations that specialize in disability issues, present to the member states, through the Permanent Council, a proposal on the documents needed in order to activate the mechanism contemplated in Article VI of the aforementioned Convention.

3.          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 on its implementation to the General Assembly at its thirty-seventh regular session.
 

AG/RES. 2168 (XXXVI-O/06)

COMBATING RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE AND CONSIDERATION OF THE DRAFT INTER-AMERICAN CONVENTION AGAINST RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE^[1]/

(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), as well as resolutions AG/RES. 1712 (XXX-O/00), AG/RES. 1774 (XXXI-O/01), AG/RES. 1905 (XXXII-O/02), AG/RES. 1930 (XXXIII-O/03), AG/RES. 2038 (XXXIV-O/04), and AG/RES. 2126 (XXXV-O/05);

            REAFFIRMING the firm commitment of the Organization of American States (OAS) to the prevention and eradication of racism and all forms of discrimination and intolerance, and the conviction that discriminatory attitudes of this type are a negation of such universal values as the inalienable and inviolable rights of persons and of the purposes, principles, and guarantees provided for in the OAS Charter, the American Declaration of the Rights and Duties of Man, the Universal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the American Convention on Human Rights, the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, and the Inter-American Democratic Charter;

AWARE that the principles of equality and nondiscrimination recognized in Articles 3.l and 45.a of the Charter of the Organization of American States, in Article 2 of the Universal Declaration of Human Rights, in Article II of the American Declaration of the Rights and Duties of Man, in Article 1 of the American Convention on Human Rights, and in Article 9 of the Inter-American Democratic Charter enshrine respect for human rights and fundamental freedoms, without any distinction as to race, color, nationality, sex, language, religion, political or other opinion, national or social origin, property, birth, or any other status;

DEEPLY DISTURBED by the general increase in different parts of the world of cases of intolerance of, and violence against, members of many religious communities, including those motivated by Islamophobia, anti-Semitism, and Christianophobia;

RECOGNIZING the existence of groups of people who are victims of longstanding and contemporary manifestations of racism, discrimination, and intolerance in the Americas;

TAKING INTO ACCOUNT that the preamble to the Declaration and Plan of Action of the Regional Conference of the Americas, held in Santiago, Chile, in December 2000, to prepare for the United Nations World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001, recognizes that “in spite of the efforts made by States in the region, racism, racial discrimination, xenophobia and related intolerance still persist in the Americas and continue to be causes of suffering, disadvantage and violence, as well as of other serious human rights violations, which must be fought by all available means as a matter of the highest priority”;

RECALLING paragraph 24 of the Declaration of Mar del Plata, of November 5, 2005, prepared in the context of the Fourth Summit of the Americas, in which the Heads of State and Government expressed their support for the implementation of resolution AG/RES. 2126 (XXXV-O/05), which led to the establishment of the Working Group to Prepare a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, and encouraged that Working Group in its efforts “to combat racism, discrimination, and intolerance through available means as a matter of the highest priority”;

TAKING NOTE of the preliminary written inputs presented by the Governments of Argentina, Brazil, Chile, Colombia, Mexico, and Peru for the preparation of the future Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance; and inviting the other member states to submit their preliminary inputs on the subject;

TAKING NOTE ALSO of the message from the Permanent Mission of Brazil announcing that the Regional Conference of the Americas against Racism, Racial Discrimination, Xenophobia, and Related Intolerance would be held in Brazil from July 26 to 28, 2006 (CP/doc.4099/06);

TAKING NOTE FURTHER of the Preliminary Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance (CP/CAJP-2357/06), presented by the Chair of the Working Group to Prepare a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance on the basis of inputs received by the Group, during its first year of activities, from member states, from organs, agencies, and entities of the OAS, and from the United Nations, regional organizations, indigenous peoples’ representatives, entrepreneurs, labor groups, and civil society organizations; and

            BEARING IN MIND that resolution AG/RES. 2038 (XXXIV-O/04) instructed the Permanent Council to continue to address, as a matter of priority, the subject of preventing, combating, and eradicating racism and all forms of discrimination and intolerance,

RESOLVES:

1.          To take note of the Report of the Rapporteur of the Special Meeting to Examine and Discuss the Nature of a Future Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, held at the headquarters of the Organization of American States (OAS) on November 28 and 29, 2005 (CAJP-GT/RDI-16/05), the preliminary inputs submitted in writing by the Governments of Argentina, Brazil, Chile, Colombia, Mexico, and Peru (CAJP/GT/RDI-4/05 add. 1 to 6), and the comments made by the delegation of Guatemala during the Special Meeting of the Working Group to Prepare a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, which appear in the abovementioned Rapporteur’s report, on the nature of a future regional instrument, and all reports of the meetings of the Working Group held during its first year of activities, which constitute the basis for the proposed Preliminary Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, prepared by the Chair of the Working Group (CP/CAJP-2357/06).

2.          To instruct the Working Group to begin negotiations on the Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, taking into account the Preliminary Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance (CP/CAJP-2357/06).

3.          To instruct the Working Group to adopt its work plan and methodology when it begins its activities.

4.          To request that the Working Group, in the context of negotiation of the draft Convention, continue promoting meetings to receive contributions from member states, organs, agencies, and entities of the OAS, the United Nations, and regional organizations; and, bearing in mind the Guidelines for Participation by Civil Society Organizations in OAS Activities, contained in Permanent Council resolution CP/RES. 759 (1217/99), dated December 15, 1999, that it also continue to receive contributions from representatives of indigenous peoples, entrepreneurs, labor groups, and civil society organizations.

5.          To renew the mandate to the Justice Studies Center of the Americas (JSCA) contained in operative paragraph 2 of resolution AG/RES. 2126 (XXXV-O/05), in which it was requested to prepare, as a complement to the document “Judicial System and Racism against Persons of African Descent” (CP/doc.3845/04 corr. 1) and within the framework of its mandate and available resources, studies on how the judicial systems of the Hemisphere treat indigenous peoples and migrants, including a mention of the diverse forms of discrimination that affect the countries of the Hemisphere, as addressed in the Declaration of the Regional Conference of the Americas, held in Santiago, with special attention paid to the following:

a.        The manner in which the courts, through their practices and jurisprudence, recognize and apply international and domestic standards on human rights;

b.         The presence of minorities and indigenous people as staff in the judicial branch and the public defender’s and public prosecutor’s offices of states;

c.         Percentage indicators and analysis of the presence of indigenous people and migrants among the states’ prison populations;

d.         Percentage indicators and analysis of the presence of indigenous people and migrants among all persons processed, prosecuted, and convicted by the states’ judicial systems;

e.         Domestic norms for defending the rights of indigenous people and migrants;

f.          The treatment given by the courts to documented and undocumented migrant workers when the latter are the accused or defendants in criminal proceedings, with special attention to possible differences in how the two groups are treated and in how the two together are treated in comparison with nationals of the respective state;

g.         The treatment given by the courts to documented and undocumented migrants with regard to labor and social security matters;

h.         The availability of judicial resources to solve questions concerning migration status and their level of efficiency in doing so; and

i.          The recognition, application, and enforcement by governments of existing international and domestic obligations regarding racism and all forms of discrimination and intolerance.

6.         To request the General Secretariat to provide the broadest possible support, through the Executive Secretariat of the Inter-American Commission on Human Rights (IACHR) and the Office of International Law of the Department of International Legal Affairs, to the Working Group’s activities.

7.         To request the IACHR to present the conclusions of the study referred to in operative paragraph 3 of resolution AG/RES. 1930 (XXXIII-O/03), on the laws of the member states dealing with the adoption of policies to promote equality or affirmative action; and to urge the member states that have not yet done so to submit their inputs on the subject to the Inter-American Commission.

8.         To request the IACHR to continue, within the framework of inter-American and international legal instruments currently in force, to pay due attention to the problems generated by manifestations of racism, discrimination, and intolerance in the Americas, to continue intensifying dialogue and cooperation with the Special Rapporteur of the United Nations Commission on Human Rights on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance, and with the United Nations Independent Expert on minority issues, and to report on that cooperation to the Permanent Council in due course.

9.         To support the work of the Special Rapporteurship of the IACHR on the rights of persons of African descent and against racial discrimination; to congratulate the Commission on its creation of a scholarship for young lawyers of African descent; and to urge states to consider giving financial support to this initiative and to the Rapporteurship.

10.       To renew the invitation to the organs, agencies, and entities of the Organization, including the Inter-American Commission of Women (CIM) and the Inter-American Council for Integral Development (CIDI), to prepare inputs on the prevention of racism and all forms of discrimination and intolerance, for consideration by the Working Group.

11.       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 on its implementation to the General Assembly at its thirty-seventh regular session.
 

AG/RES. 2175 (XXXVI-O/06)

RIGHT TO THE TRUTH[2]^/

(Adopted at the fourth plenary session, held on June 6, 2006)

THE GENERAL ASSEMBLY,

CONSIDERING the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, or “Pact of San José, Costa Rica,” the Inter-American Convention to Prevent and Punish Torture, and the Inter-American Convention on Forced Disappearance of Persons;

CONSIDERING IN PARTICULAR Articles 25, 8, 13, and 1.1 of the American Convention on Human Rights, related, respectively, to the right to judicial protection, the right to due process and judicial guarantees, the right to freedom of expression, and the duty of states to respect and guarantee human rights;

CONSIDERING ALSO the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Geneva Conventions of 1949 and the 1977 Additional Protocols thereto, and other relevant instruments of international human rights law and international humanitarian law, as well as the Vienna Declaration and Programme of Action;

NOTING the universality, interdependence, indivisibility, and interrelatedness of civil, political, economic, social, and cultural rights;

TAKING NOTE of Articles 32 and 33 of Additional Protocol I, adopted on June 8, 1977, to the Geneva Conventions of August 12, 1949, and relating to the Protection of Victims of International Armed Conflicts, which recognize the right of families, as soon as circumstances permit, to know the fate of persons who have disappeared in armed conflicts;

STRESSING that adequate steps to identify victims should also be taken in situations not amounting to armed conflict, especially in cases of severe or systematic violations of human rights;

RECALLING resolution 2005/66 of the United Nations Commission on Human Rights, on the right to the truth;

RECALLING ALSO its resolution AG/RES. 445 (IX-O/79), on the promotion of human rights, and its resolutions AG/RES. 510 (X-O/80), AG/RES. 618 (XII-O/82), AG/RES. 666 (XIII-O/83), and AG/RES. 742 (XIV-O/84), on forced disappearance;

TAKING INTO ACCOUNT its resolution AG/RES. 2134 (XXXV-O/05), on persons who have disappeared;

NOTING that the General Assembly has received reports from the Inter-American Commission on Human Rights on the human rights situation in certain countries of the region, which refer to the right to the truth and recognize that the disappearance of persons causes suffering and hardship, especially to relatives and any other person having a legitimate interest, who are uncertain about their fate and unable to provide them with legal, moral, and material assistance;

NOTING ALSO that the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have recognized the right to the truth in their respective recommendations and judgments in various individual cases of human rights violations;

MINDFUL that the right to the truth may be characterized differently in some legal systems as the right to know or the right to be informed or as freedom of information;

TAKING NOTE of the conclusions of the regional seminar “Memory, Truth, and Justice: Our Recent Past,” held in the context of the Meeting of Competent High Authorities on Human Rights and Foreign Ministries of MERCOSUR and Associated States, in November 2005, which recognize the collective dimension of the right to the truth;

STRESSING that the regional community should make a commitment to recognize the right of victims of gross violations of human rights and serious violations of international humanitarian law, and their families and society as a whole, to know the truth regarding such violations to the fullest extent practicable, in particular the identity of the perpetrators, the causes and facts of such violations, and the circumstances under which they occurred;

STRESSING ALSO that it is important for states to provide effective mechanisms for society as a whole and, in particular, for relatives of the victims, to learn the truth regarding gross violations of human rights and serious violations of international humanitarian law; and

CONVINCED that states, within the framework of their own internal legal systems, should preserve records and other evidence concerning gross violations of human rights and serious violations of international humanitarian law, in order to facilitate knowledge of such violations, investigate allegations, and provide victims with access to an effective remedy in accordance with international law, in order to prevent these violations from occurring again in the future, among other reasons,

RESOLVES:

1.           To recognize the importance of respecting and ensuring the right to the truth so as to contribute to ending impunity and to promoting and protecting human rights.

2.        To welcome the establishment in several states of specific judicial mechanisms, as well as other non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, that complement the justice system, to contribute to the investigation of violations of human rights and of international humanitarian law; and to express appreciation for the preparation and publication of the reports and decisions of these bodies.

3.        To encourage the states concerned to disseminate and implement the recommendations of national non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, to monitor the implementation of said recommendations at the domestic level, and to report on compliance with the decisions of judicial mechanisms.

4.        To encourage other states to consider the possibility of establishing specific judicial mechanisms and, where appropriate, truth commissions or other similar bodies to complement the justice system, to contribute to the investigation and punishment of gross violations of human rights and serious violations of international humanitarian law.

            5.        To encourage states and the Inter-American Commission on Human Rights (IACHR), within its sphere of competence, to provide the states that so request with necessary and appropriate assistance concerning the right to the truth, through, inter alia, technical cooperation and information exchange on national administrative, legislative, and judicial measures applied, as well as experiences and best practices geared toward the protection, promotion, and implementation of this right.

            6.         To request the IACHR to prepare a report, for presentation to the Permanent Council, on the evolution of the right to the truth in the Hemisphere, which report shall include national mechanisms and experiences in this regard.

7.        To encourage all states to take appropriate measures to establish mechanisms or institutions for disclosing information on human rights violations, and to ensure that citizens have appropriate access to said information, in order to further the exercise of the right to the truth, prevent future human rights violations, and establish accountability in this area.

8.        To request the Permanent Council to follow up on this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources, and to present a report on its implementation to the General Assembly at its thirty-seventh regular session.
 

AG/RES. 2176 (XXXVI-O/06) 

PROMOTION OF THE INTERNATIONAL CRIMINAL COURT[3]^/

(Adopted at the fourth plenary session, held on June 6, 2006)

THE GENERAL ASSEMBLY,

            RECALLING its resolutions AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1709 (XXX-O/00), AG/RES. 1770 (XXXI-O/01), AG/RES. 1771 (XXXI-O/01), AG/RES. 1900 (XXXII-O/02), AG/RES. 1929 (XXXIII-O/03), AG/RES. 2039 (XXXIV-O/04), and AG/RES. 2072 (XXXV-O/05);

RECALLING ALSO the recommendation of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.102, Doc. 6 rev., April 16, 1999, Chapter VII, 21.3.B), as well as its resolution No. 1/03, on the prosecution of international crimes, and the document “Framework for OAS Action on the International Criminal Court” (AG/INF.248/00);

RECOGNIZING that the adoption of the Statute of the International Criminal Court, on July 17, 1998, in Rome, is a milestone in efforts to combat impunity, and that the Court is an effective instrument for consolidating international justice and peace;

DEEPLY DISMAYED by the persistent violations of international humanitarian law and international human rights law; and reaffirming that all states have the primary duty to prosecute and punish those violations so as to prevent their recurrence and avoid the impunity of the perpetrators of those crimes;

CONVINCED of the importance of preserving the effectiveness and legal integrity of the Rome Statute and the jurisdiction of the International Criminal Court, and recognizing the firm resolve of the states parties to preserve them;

CONVINCED ALSO of the importance of the Vienna Convention on the Law of Treaties for preserving the effectiveness and legal integrity of the Rome Statute;

WELCOMING the entry into force of the Rome Statute of the International Criminal Court on July 1, 2002, because as of that date the Court became the judicial body complementing the efforts of national jurisdictions to prosecute the perpetrators of the most serious international crimes, such as genocide, crimes against humanity, and war crimes;

MINDFUL that the effective functioning of the International Criminal Court requires cooperation from the states and from international and regional organizations, as well as support from civil society;

WELCOMING that, with the ratification of Mexico, 100 states have now ratified or acceded to the Rome Statute, among them 22 members of the Organization of American States, and that 139 states have signed it, including 27 members of the Organization;

NOTING WITH GRATIFICATION that 17 states of the Hemisphere have signed the Agreement on Privileges and Immunities of the International Criminal Court, seven have ratified it or acceded to it, and others are in the process of doing so;

UNDERSCORING the contribution made by the Assembly of States Parties to the Rome Statute to strengthen cooperation among states and improve the operations of the International Criminal Court;

TAKING NOTE of the results of the fourth session of the Assembly of States Parties to the Rome Statute (November 28-December 3, 2005), contained in document ICC-ASP/4/32 of the International Criminal Court;

EXPRESSING ITS SATISFACTION with the progress made by the International Criminal Court in developing into a fully operational judicial body;

HAVING SEEN the report of the Inter-American Juridical Committee presented pursuant to resolution AG/RES. 2072 (XXXV-O/05) (CP/doc.4111/06);

EXPRESSING ITS SATISFACTION with the holding of the Working Meeting on Appropriate Measures That States Should Take to Cooperate with the International Criminal Court in the Investigation, Prosecution, and Punishment of the Perpetrators of War Crimes, Crimes against Humanity, Genocide, and Crimes against the Administration of Justice of the International Criminal Court, within the framework of the Committee on Juridical and Political Affairs, in which representatives of the International Criminal Court, the International Committee of the Red Cross, and civil society organizations participated, at the Organization’s headquarters on February 3, 2006; and taking note of the results of that meeting, contained in the Rapporteur’s Report (CP/CAJP-2327/06 corr. 1); and

TAKING NOTE of the Annual Report of the Permanent Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1),

RESOLVES:

1.             To urge those member states of the Organization that have not already done so to consider ratifying or acceding to, as the case may be, the Rome Statute of the International Criminal Court.

2.             To urge all member states of the Organization to continue to participate constructively in the Assembly of States Parties to the Rome Statute of the International Criminal Court and to encourage the participation of states that are not yet party thereto.

3.            To urge member states of the Organization, whether or not they are parties or signatories to the Rome Statute, to promote and respect its intent and its purpose, in order to preserve its effectiveness and integrity.

4.            To renew the appeal to the member states of the Organization that are parties to the Rome Statute to adapt or amend their domestic law, as necessary, with a view to the full and effective implementation of the Statute, including the relevant provisions of international human rights law and/or international humanitarian law.

5.            To urge those member states that are not party to the Rome Statute to adapt their domestic legislation in accordance with such instruments of international human rights law or international humanitarian law as may be applicable to them.

6.            To urge the member states of the Organization to consider ratifying or acceding to, as the case may be, the Agreement on Privileges and Immunities of the International Criminal Court, and in the case of those states that are already party to that Agreement to take the necessary measures for its full and effective implementation at the national level.

7.            To encourage states to contribute to the Trust Fund established by the United Nations for the benefit of victims of crimes within the jurisdiction of the International Criminal Court, and of the families of such victims, as well as to the Fund for the participation of least developed countries.

8.            To request the Inter-American Juridical Committee to prepare, on the basis of the results of the report presented (CP/doc.4111/06), a document of recommendations to the member states of the Organization on how to strengthen cooperation with the International Criminal Court, as well as on progress made in that regard, and to present it to the Permanent Council, so that it may in turn submit it to the General Assembly of the Organization at its thirty-seventh regular session.

9.            To urge the member states of the Organization to cooperate among themselves and, as appropriate, with the International Criminal Court so as to avoid the impunity of the perpetrators of the most serious international crimes, such as war crimes, crimes against humanity, and genocide, ensuring that their national legislation facilitates said cooperation and applies to crimes within the jurisdiction of the International Criminal Court.

10.          To request the Permanent Council to hold, with support from the General Secretariat, a working meeting on appropriate measures that states should take to cooperate with the International Criminal Court in the investigation, prosecution, and punishment of the perpetrators of war crimes, crimes against humanity, genocide, and crimes against the administration of justice of the International Criminal Court. The International Criminal Court, international organizations, and nongovernmental organizations will be invited to cooperate and to participate in this working meeting.

11.          To request the Permanent Council to include the topic of the implementation of the Rome Statute and the Agreement on Privileges and Immunities on the agenda of the Committee on Juridical and Political Affairs.

12.          To request the Secretary General to present a report on the implementation of this resolution to the General Assembly at its thirty-seventh regular session.

AG/RES. 2177 (XXXVI-O/06)

HUMAN RIGHTS DEFENDERS:
SUPPORT FOR THE INDIVIDUALS, GROUPS, AND
ORGANIZATIONS OF CIVIL SOCIETY WORKING TO PROMOTE AND
PROTECT HUMAN RIGHTS IN 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. 3) as it pertains to this topic, and resolution AG/RES. 2067 (XXXV-O/05), “Human Rights Defenders: Support for the Individuals, Groups, and Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas”;

RECALLING the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;

CONCERNED that situations persist in the Americas that directly or indirectly prevent or hamper the work of individuals, groups, or organizations working to promote and protect human rights and fundamental freedoms;

Bearing in mind that, in resolution 60/161 of the United Nations General Assembly and resolution 2005/67 of the United Nations Commission on Human Rights, the member states of the United Nations noted “with deep concern that, in many countries, persons and organizations engaged in promoting and defending human rights and fundamental freedoms are facing threats, harassment and insecurity as a result of those activities”;

CONSIDERING that the member states of the Organization of American States support the work carried out by human rights defenders and recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Americas, and to the representation and defense of individuals, minorities, and other groups of persons whose rights are threatened or violated;

TAKING NOTE that, in its decisions granting provisional measures, the Inter-American Court of Human Rights has highlighted the importance of the work of human rights defenders to the development of democracies in the Americas;

TAKING INTO ACCOUNT the work accomplished by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights and the member states’ replies to the questionnaire drawn up by that unit with a view to preparing a comprehensive report on the subject;

EMPHASIZING that the protection and promotion of human rights is legitimate work and that, in the exercise of their duties, human rights defenders contribute decisively to strengthening democratic institutions and improving national human rights systems;

UNDERSCORING the importance of the role of human rights defenders in promoting dialogue, openness, participation, and justice to contribute to the prevention of violence and promote sustainable peace and security, and the affirmation that, to be effective, international strategies in this area must pay special attention to protecting human rights defenders; and

HAVING RECEIVED the document titled “Report on the Situation of Human Rights Defenders in the Americas,” prepared by the Inter-American Commission on Human Rights (OEA/Ser. L/V.II.124, Doc. 5 rev. 1, of March 7, 2006),

RESOLVES:

1.            To reiterate its support for the work carried out, at both the national and regional levels, by human rights defenders; and to recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Hemisphere.

2.            To recognize that, in view of their specific role and needs, women human rights defenders should be accorded special attention to ensure that they are fully protected and effective in carrying out their important activities.

3.            To condemn actions that directly or indirectly prevent or hamper the work of human rights defenders in the Americas.

4.            To encourage human rights defenders to continue their selfless work and their contributions to the enhancement of national human rights systems for the strengthening of democracy, in accordance with the principles contained in the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

5.            To urge member states to continue or begin, as the case may be, activities to educate and disseminate information to government officials, society at large, and the media, both public and private, so as to make them aware of the importance and validity of the work of human rights defenders and their organizations.

6.            To urge member states to continue stepping up their efforts to adopt the necessary measures to safeguard the lives, freedom, and personal safety of human rights defenders and their relatives, including effective emergency protection measures in the case of imminent threat or danger, and to ensure that thorough and impartial investigations and proceedings are carried out, and appropriate punishments are applied, in all cases of violations against human rights defenders.

7.            To request the Inter-American Commission on Human Rights to:

a.            Continue to give due consideration to this matter;

b.            Continue intensifying its dialogue and cooperation with the Special Representative of the United Nations Secretary-General on Human Rights Defenders; and

c.             Include in its annual report a section on the work of the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights.

8.              To invite member states to promote the dissemination and enforcement of the instruments of the inter-American system and the decisions of its bodies on this matter, as well as the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

9.              To invite member states to consider the preparation and implementation of national plans to apply the principles contained in the United Nations Declaration mentioned in the preceding paragraph, for which purpose they may also request the advisory services of the Inter-American Commission on Human Rights.

10.            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. 2178 (XXXVI-O/06)

STANDARDS FOR THE PREPARATION OF PERIODIC REPORTS
PURSUANT TO THE PROTOCOL OF SAN SALVADOR

(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) and resolutions AG/RES. 2030 (XXXIV-O/04), AG/RES. 2041 (XXXIV-O/04), and AG/RES. 2074 (XXXV-O/05);

CONSIDERING the provisions of the American Convention on Human Rights, Chapter III of which refers to economic, social, and cultural rights;

UNDERSCORING the entry into force, in November 1999, of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador,” and its ratification by 13 member states of the Organization of American States (OAS);

RECALLING that both the American Convention and the Protocol of San Salvador recognize that the essential rights of an individual are not derived from one’s being a national of a certain state, but are based upon attributes of the human person;

BEARING IN MIND that, in Article 19 of the Protocol of San Salvador, the states parties undertake to submit, pursuant to the provisions of that article and the corresponding rules to be formulated for that purpose by the OAS General Assembly, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in said Protocol;

RECOGNIZING that, in resolution AG/RES. 2074 (XXXV-O/05), the General Assembly adopted the “Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador”; and

BEARING IN MIND that the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, on November 5, 2005, urged the member states to consider signing and ratifying, or acceding to, as the case may be, the Protocol of San Salvador, and to collaborate in the development of progress indicators in the area of economic, social, and cultural rights, in accordance with resolution AG/RES. 2074 (XXXV-O/05),

RESOLVES:

1.               To instruct the Permanent Council, to continue its efforts and to make proposals as soon as possible, through the Committee on Juridical and Political Affairs, on the composition and functioning of the Working Group established to examine the national reports in accordance with the Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador, which would constitute qualitative progress in this area.

2.               To request the Inter-American Commission on Human Rights to continue its work, in accordance with the Standards referred to in operative paragraph 1 of this resolution, with a view to proposing to the Permanent Council as soon as possible, for possible adoption, the progress indicators to be used for each group of protected rights on which information is to be provided, taking into account, inter alia, the contributions of the Inter-American Institute of Human Rights.

3.               To reiterate that the time periods for submission of the national progress reports to be presented by the states parties to the Protocol of San Salvador will begin with the Permanent Council’s approval of the provisions of operative paragraphs 1 and 2 of this resolution.

4.               To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, “Protocol of San Salvador.”

5.              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. 2191 (XXXVI-O/06)

APPOINTMENT OF WOMEN TO SENIOR MANAGEMENT POSITIONS
AT THE ORGANIZATION OF AMERICAN STATES

(Adopted at the fourth plenary session, held on June 6, 2006) 

THE GENERAL ASSEMBLY,

            RECALLING its resolutions AG/RES. 1627 (XXIX-O/99), AG/RES. 1790 (XXXI-O/01), AG/RES. 1872 (XXXII-O/02), AG/RES. 1954 (XXXIII-O/03), AG/RES. 1977 (XXXIV-O/04), and AG/RES. 2096 (XXXV-O/05), “Appointment of Women to Senior Management Positions at the OAS,” in which it urged the Secretary General to establish as an objective that, by the year 2005, women should occupy 50 percent of posts in all categories of the system of the Organization of American States (OAS);

            BEARING IN MIND Article 137 of the OAS Charter, which states that the Organization does not allow any restriction based on race, creed, or sex with respect to eligibility to hold positions in the Organization and to participate in its activities; and Article 120 of the Charter and Article 37 of the General Standards to Govern the Operations of the General Secretariat, which stipulate that first consideration shall be given to efficiency, competence, and integrity in the recruitment of General Secretariat personnel, but that importance shall also be attached to the criterion of the widest possible geographic distribution in hiring personnel at all grade levels;

            CONSIDERING that the Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality, which was adopted by the OAS General Assembly, by resolution AG/RES. 1732 (XXX-O/00), calls for the OAS General Secretariat to “implement measures to ensure full and equal access by men and women to all categories of posts in the OAS system, particularly in decision-making positions”;

            REAFFIRMING the commitment expressed at the highest levels in the Plan of Action of the Third Summit of the Americas, held in Quebec City, to promote gender equity and equality and women’s human rights by strengthening and fostering women’s full and equal participation in decision-making at all grade levels, women’s empowerment, and their equal opportunity to exercise leadership;

            REAFFIRMING ALSO that the Declaration of Nuevo León recognized that “the empowerment of women, their full and equal participation in the development of our societies, and their equal opportunities to exercise leadership are fundamental for the reduction of poverty, the promotion of economic and social prosperity, and for people-centered sustainable development”;

RECALLING that in the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, the member states committed “to eliminate discrimination against women at work through, among other measures, the implementation of a range of policies that will increase women’s access to decent, dignified, and productive work, including policies addressing training and education and protection of the rights of women, as well as proactive policies to ensure that men and women enjoy equality in the workplace;

            ACKNOWLEDGING that ensuring equal opportunity for women–taking their diversity into account–in leadership and decision-making positions is only one important element of a continuum of actions, policies, and activities required to achieve gender equality in the workplace and improve gender mainstreaming throughout the OAS;

            EMPHASIZING the importance of the need to effectively integrate gender balance considerations throughout the human resources management policies of the OAS;

            NOTING WITH SATISFACTION the advances made in meeting the goal of having women occupy 50 percent of posts at all levels, especially at those grade levels where the goal has been met or exceeded; and

            AWARE that despite this progress, the goal of 50/50 gender distribution in senior management positions has not been met,

RESOLVES:

1.            To urge the Secretary General to:

a.             Develop, in coordination with the Department of Human Resources of the Secretariat for Administration and Finance, and the Permanent Secretariat of the Inter-American Commission of Women (CIM), a human resources policy based on the principle of gender equity and equality;

b.              Redouble his efforts to achieve, as a matter of priority, the goal of having women, including indigenous women, occupy 50 percent of posts at each grade level within the organs, agencies, and entities of the Organization of American States (OAS), particularly at the P-5 grade level and above, bearing in mind the criterion of geographic distribution in professional positions;

c.              Continue his work to establish policies of gender equality in the workplace and to make each manager accountable for the application of these policies;

d.              Appoint women as representatives and special envoys to represent the Secretary General in matters relating to all areas and sectors, and as heads of electoral observation missions; and

e.              Enable the Permanent Secretariat of the CIM to effectively contribute to and facilitate the integration of the principle of gender equity and equality in human resource action plans.

            2.         To urge all member states to support the efforts of the Secretary General and of the CIM by identifying and, through their permanent missions to the OAS, regularly submitting the candidacies of women to occupy positions of trust within the OAS, and to encourage more women to apply for vacant positions, which will have been widely publicized in all member states.

3.         To call on the organs, agencies, and entities of the OAS to:

a.         Redouble efforts to meet the goal of having women occupy 50 percent of posts at each grade level, particularly at the P-5 grade level and above, and to continue to accelerate their recruitment of women for vacant positions;

b.          Include the objective of having women occupy 50 percent of posts at each grade level, particularly at the P-5 grade level and above, in their human resource management action plans; and

c.          Encourage specific activities to address gender issues in the workplace, according to the individual circumstances of departments and offices, as one of the follow-up actions concerning the gender mainstreaming project undertaken by the General Secretariat of the OAS.

            4.         To request the Secretary General to monitor closely the progress made by the organs, agencies, and entities of the Organization in meeting the goal of women’s occupying 50 percent of posts at all grade levels, to keep the Permanent Council informed with respect to the implementation of this resolution, providing an annual update with relevant statistics from the Department of Human Resources and detailed information on the strategies and actions taken to implement this resolution and reach that goal, and to report thereon to the General Assembly at its thirty-seventh regular session.

AG/RES. 2215 (XXXVI-O/06)

STRENGTHENING DEMOCRACY AND SOCIOECONOMIC DEVELOPMENT IN HAITI

(Adopted at the fourth plenary session, held on June 6, 2006) 

            THE GENERAL ASSEMBLY,

            RECOGNIZING that one of the essential purposes of the Organization of American States (OAS) is to promote and consolidate representative democracy and respect for democratic institutions, with due regard for the principle of nonintervention, as stated in its Charter;

            REAFFIRMING the principles contained in the Inter-American Democratic Charter, in particular the principle that “[d]emocracy is essential for the social, political, and economic development of the peoples of the Americas;” that “[d]emocracy and social and economic development are interdependent and mutually reinforcing”; and that “[p]overty, illiteracy, and low levels of human development are factors that adversely affect the consolidation of democracy”;

            RECALLING the resolutions of the Permanent Council and its own resolutions on the situation in Haiti, as well as the reports submitted by the Secretary General to the Permanent Council on developments in the situation in Haiti;

            WELCOMING the peaceful holding of free and democratic presidential and legislative elections on February 7, 2006, as a result of which a new president of the Republic was elected, and noting the holding of the second round of legislative elections on April 21, 2006, which makes it possible to normalize the Parliament’s situation;

            CALLING FOR the prompt organization of municipal and local elections, in a peaceful and safe environment, with respect for democratic inclusion and transparency;

            REITERATING its support for the process of dialogue launched on April 7, 2005;

            EXPRESSING its support for the work carried out by the OAS Special Mission for Strengthening Democracy in Haiti; and welcoming the role played by the OAS in preparing for and holding the elections, in particular the establishment, by means of national identity cards, of a solid foundation for a modern civil registry;

            SEEKING to support effective governance by the newly elected officials, to help strengthen security in Haiti, and to promote the socioeconomic recovery of the Haitian people in a peaceful and stable political environment;

            RECALLING that security, political reconciliation, and economic reconstruction efforts remain key to the sustainable development and the consolidation of democracy in Haiti;

RECALLING ALSO with appreciation the ministerial conference in Brazilia on May 23, 2006, and other meetings of donors in the context of the Interim Cooperation Framework; and urging the sustained engagement of the international community and international financial institutions in providing technical and financial support for the development of Haiti; and

NOTING:

The concerns about the situation of the Haitian justice and penitentiary systems, including prolonged pretrial detentions and the need to strengthen due process; as well as

            The challenges faced by the Haitian National Police in protecting the human and constitutional rights of all Haitians,

RESOLVES:

1.           To congratulate the people of Haiti on the holding of peaceful presidential and legislative elections; and to support the newly elected officials in the exercise of democratic, inclusive, representative, participatory, and effective governance.

2.           To commend and express appreciation for the support extended to Haiti by the Organization of American States (OAS) and the United Nations Stabilization Mission in Haiti (MINUSTAH) in the context of the elections.

3.           To request all actors involved in the electoral process, in particular the Provisional Electoral Council, to make all necessary arrangements for holding municipal and local elections as soon as possible.

4.           To underscore the importance of the vision of inclusion and dialogue expressed by the newly elected officials and to encourage them to move forward expeditiously with the National Dialogue Initiative, designed to promote harmonious coexistence, peace, and national reconciliation.

5.           To call upon all sectors in Haiti, without exception, to support the National Dialogue and to participate actively in it, with a view to strengthening democratic institutions and ensuring their proper functioning.

6.           To encourage the increased capacity and the professionalization of the Haitian National Police, including the vetting and certification of new and existing officers, under the leadership of the Haitian authorities, in close collaboration with the OAS and MINUSTAH and with the support of the international community.

7.           To continue to promote the process of disarmament, demobilization, and reintegration of former members of the Haitian armed forces and to stabilize conflictive areas by providing constructive alternatives for members of illegal armed groups, as an essential component for promoting peace and reconciliation in Haiti; and to reiterate the need for strengthening these efforts. Also to call upon the international community to assist Haitian authorities in their efforts against the proliferation of and illicit trafficking in small arms and light weapons on Haitian soil.

8.           To support the efforts undertaken jointly with the OAS to help combat trafficking in persons, by means of training, coordination, and on-site investigations.

9.           To reaffirm support for the OAS Special Mission for Strengthening Democracy in Haiti and its activities, and the need to continue working in support of the strengthening of democratic institutions, including the establishment of a permanent electoral council and a modernized civil registry, the reform of the justice system, and the protection of human rights.

10.         To urge the Inter-American Commission on Human Rights (IACHR) to continue to monitor and report on the human rights situation in Haiti and to work with the OAS Special Mission on the promotion and observance of those rights.

11.         To urge the Government of Haiti to adopt all measures necessary for the reform of the judicial sector, which includes urgently accelerating judicial proceedings to ensure that the constitutional rights of detained persons are respected and to reduce, in accordance with due process, the high number of prisoners awaiting trial and the length of pre-trial detention.

12.         To encourage the Government of Haiti to strengthen the judicial system to combat impunity, foster the rule of law, further promote confidence within Haitian society, and attain an equitable administration of justice in accordance with Haitian law, including through increased cooperation between Haitian judicial authorities and international experts.

13.         To strongly express its solidarity with the Haitian people by supporting institutional development in Haiti, together with economic and social development; and to call on the international community to renew and maintain their commitment to strengthen democracy in Haiti by supporting economic and social programs, in order to alleviate poverty and promote economic and social development.

14.         To promote further cooperation with the people and the Government of Haiti through effective support for the comprehensive implementation of the extended Interim Cooperation Framework and the new development plans that the Government of Haiti will present for financing to the international community.

15.         To request the international financial institutions and Haiti’s partners to extend, as a matter of urgency, and consistent with the development priorities of the Government of Haiti, their full financial support for programs to create jobs, promote education, eradicate illiteracy, regenerate the environment, achieve appropriate standards for food security, expand available health care, restore and increase infrastructure, and promote investment.

16.         To urge the international community, the international financial institutions, and Haiti’s partners to coordinate, inter alia through international donors’ conferences, significant technical and financial support for the Government of Haiti, with a view to the sustainable development of Haiti and the stability of its institutions in accordance with the newly elected officials’ commitment to good economic governance and deepening reforms.

17.         To request the General Secretariat to support the Government of Haiti in the elaboration of development policies in coordination with the United Nations, the Caribbean Community (CARICOM), and other international institutions and agencies, and in the extended Interim Cooperation Framework.

18.         To request the General Secretariat to facilitate the provision and coordination of support from the inter-American institutions to the people and Government of Haiti.

19.         To request the Secretary General to adopt all measures that he deems appropriate, in agreement with the Government of Haiti, to carry out the mandates contained in this resolution.

20.         To request the Secretary General to submit a report twice a year on the situation in Haiti to the Permanent Council, which shall, on a regular basis, review the mandates of the OAS Special Mission and take all steps it deems necessary for the Mission’s optimal functioning.

21.         To request the Secretary General to transmit this resolution to the Secretary-General of the United Nations.

AG/RES. 2220 (XXXVI-O/06)

STRENGTHENING OF HUMAN RIGHTS SYSTEMS
PURSUANT TO THE MANDATES ARISING FROM THE
FOURTH SUMMIT 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 as it pertains to this topic (AG/doc.4548/06 add. 6 corr. 1), as well as resolutions AG/RES. 1828 (XXXI-O/01), AG/RES. 1890 (XXXII-O/02), AG/RES. 1925 (XXXIII-O/03), AG/RES. 2030 (XXXIV-O/04), and AG/RES. 2075 (XXXV-O/05);

REAFFIRMING that the universal promotion and protection of human rights, including civil, political, economic, social, and cultural rights, based on the principles of universality, indivisibility, and interdependence, as well as respect for international law, including international humanitarian law, international human rights law, and international refugee law, are essential to the functioning of democratic societies; and stressing the importance of respect for the rule of law, effective and equal access to justice, and participation by all elements of society in public decision-making processes;

REAFFIRMING ALSO 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;

EXPRESSING that strengthening the autonomy of the Inter-American Commission on Human Rights (IACHR), in the context of the Charter of the Organization of American States, the American Convention on Human Rights, and the Statute and the Rules of Procedure of said Commission, will lead to improvements in the inter-American human rights system;

CONSIDERING that the Organization can serve as a forum for contributing to the efforts of member states to develop and strengthen national systems for the promotion and protection of human rights; and

BEARING IN MIND the Declaration and Plan of Action of the Third Summit of the Americas, held in Quebec City, Canada, and of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, in particular paragraphs 45 and 62 of the Plan of Action of the Fourth Summit, on the development of comprehensive economic and social policies and on the strengthening of the inter-American human rights system, respectively;

RESOLVES:

1.                   To reaffirm the commitment of member states to continue strengthening and improving the inter-American system for the promotion and protection of human rights and, in that connection, to continue to take the following concrete measures aimed at implementing the respective mandates of the Heads of State and Government, arising from the Summits of the Americas, in particular the Third Summit, held in Quebec City, Canada, and the Fourth Summit, held in Mar del Plata, Argentina:

a.            Universalization of the inter-American human rights system by considering the signature and ratification or ratification of, or accession to, as soon as possible and as the case may be, all universal and inter-American human rights instruments;

b.            Compliance with the judgments of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights;

c.             Improvement of access by individuals to the mechanisms of the inter-American human rights system;

d.             Adequate financing of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, including the fostering of voluntary contributions, so that they may continue to address their activities and responsibilities; and

e.             Examination of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account, among other things, the views of those organs.

2.              To recognize the following progress made in the specific areas of the inter-American human rights system, namely:

a.             The broad process of reflection on the inter-American system for the promotion and protection of human rights, within the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council;

b.             The dialogue held, within the CAJP, between member states and the organs of the inter-American human rights system (Inter-American Court of Human Rights and Inter-American Commission on Human Rights), as recorded in the report of the meeting (CP/CAJP-2311/05 add. 2 and 2-a);

c.              The approval, through resolution AG/RES. 2074 (XXXV-O/05), of the “Standards for the Preparation of Periodic Reports pursuant to Article 19 of the Protocol of San Salvador”;

d.             The deposit by Honduras of the instrument of ratification of the Inter-American Convention on Forced Disappearance of Persons, and the signing by Jamaica and deposit of the instrument of ratification of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, “Convention of Belém do Pará”; and

e.             The voluntary contributions to facilitate the work of the organs of the inter-American human rights system made by Brazil, Colombia, Costa Rica, Mexico, and Paraguay, and the European Union, the Inter-American Development Bank, and the Office of the United Nations High Commissioner for Refugees (UNHCR) to the Inter-American Court of Human Rights; and by Brazil, Canada, Chile, Colombia, Costa Rica, Mexico, the United States, France, Ireland, Italy, Spain, Sweden, the Commonwealth Secretariat, and the European Commission to the Inter-American Commission on Human Rights.

3.              To instruct the Permanent Council to meet the objectives mentioned in operative paragraph 1 and to complement and consolidate the progress referred to in operative paragraph 2, by:

a.            Continuing the broad process of reflection on the inter-American system for the promotion and protection of human rights, initiated within the CAJP, in consultation with the member states, specialized agencies of the inter-American human rights system, nongovernmental organizations, national human rights institutes, academic institutions, and experts in the field, regarding:

i.          The major challenges facing the inter-American system for the promotion and protection of human rights in the Hemisphere;

ii.          Possible actions to strengthen and improve the system; and

iii.         The advisability of convening an inter-American human rights conference;

b.             Continuing to examine, principally through the Committee on Administrative and Budgetary Affairs (CAAP) of the Permanent Council, ways to bring about adequate financing of the organs of the inter-American human rights system in the program-budget of the Organization;

c.             Supporting any initiatives taken by the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to request funding from international and regional agencies to further the activities of the organs of the inter-American system for the promotion and protection of human rights;

d.             Encouraging, in addition, member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights;

e.             Continuing to consider ways to promote compliance with the judgments of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights by member states;

f.              Continuing to analyze the priorities for improvement of the inter-American human rights system, including consideration of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account related information provided by the presidents of both organs;

g.             Holding each year, within the CAJP, the dialogue between the member states and the members of the Inter-American Commission on Human Rights and the judges on the Inter-American Court of Human Rights on how the inter-American human rights system operates.  The CAJP will establish the agenda for said meeting at least two months in advance; and

h.             Requesting the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to:

i.          Continue to report on the correlation between, on the one hand, their respective Rules of Procedure and the amendments thereto that they adopt, and, on the other, the provisions of their respective Statutes and of the American Convention on Human Rights; and

ii.         Continue to report on the impact and the meaning in practice of these regulatory reforms for the work of both organs and for the strengthening of the system.

4.             To continue to promote the strengthening of national systems for the promotion and protection of human rights in member states; and, to that end, to urge the pertinent organs, agencies, and entities of the Organization to provide, in accordance with their capabilities and resources, cooperation and technical support to the member states that so request, in order to help enhance compliance with their international human rights obligations, and to develop cooperative relations and information exchange, inter alia, with the Network of National Institutions for the Promotion and Protection of Human Rights of the Americas and the Ibero-American Federation of Ombudsmen.

5.             To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador.”

6.             To request the Permanent Council to follow up on this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources, and to present a report on its implementation to the General Assembly at its thirty-seventh regular session.