ANNUAL REPORT OF THE IACHR 2006

 

AG/RES. 2221 (XXXVI-O/06)

 

STRENGTHENING OF THE NATIONAL HUMAN RIGHTS SYSTEMS OF THE
MEMBER STATES AND SUPPORT FOR THE WORK OF DEFENDERS OF
THE PEOPLE, DEFENDERS OF THE POPULATION, AND HUMAN RIGHTS
ATTORNEYS OR COMMISSIONERS (OMBUDSMEN)

 

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

 

 

THE GENERAL ASSEMBLY,

 

TAKING INTO ACCOUNT resolution AG/RES. 2132 (XXXV-O/05), “Strengthening of the National Human Rights Systems of the Member States and Support for the Work of Defenders of the People, Defenders of the Population, and Human Rights Attorneys or Commissioners (Ombudsmen),” whereby it recognized the importance of national systems for the promotion and protection of human rights in safeguarding the rights of the individual;

 

HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1);

 

TAKING INTO ACCOUNT that in the Charter of the Organization of American States, as well as the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man, the member states proclaimed the fundamental rights of the individual without distinction as to race, nationality, creed, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition;

 

AFFIRMING that the member states, whether in their national constitutions or under their domestic law, have recognized the universal, indivisible, and interdependent nature of human rights and the obligation to respect and protect the rights and fundamental freedoms of human beings;

 

TAKING INTO ACCOUNT that the fundamental objective of national systems for the promotion and protection of human rights is to safeguard the rights of the individual;

 

BEARING IN MIND the Principles relating to the Status of National Institutions, “Paris Principles,” adopted by the United Nations General Assembly in its resolution 48/134, of December 20, 1993;

 

REAFFIRMING the importance of the inter-American human rights system, whose organs have competence to promote the observance of human rights in all member states of the Organization, in accordance with the commitments undertaken by each state, and which operate in a manner subsidiary to national jurisdictional systems;

 

            TAKING INTO ACCOUNT that all member states have the obligation to promote and protect human rights and fundamental freedoms, without distinguishing among the specific national and regional characteristics and the different historical, cultural, and religious backgrounds of all states, regardless of their political, economic, and cultural systems; and recognizing that democracy is a universal value and there is no single model of democracy;

 

RECALLING resolutions AG/RES. 1505 (XXVII-O/97), AG/RES. 1601 (XXVIII-O/98), and AG/RES. 1670 (XXIX-O/99), in which the General Assembly recognized the work of ombudsmen in the Hemisphere, a concept recognized in the law of member states with names such as defenders of the people, defenders of the population, human rights attorneys, and human rights commissioners, and also renewed its support for the work of the Ibero-American Federation of Ombudsmen;

 

RECALLING ALSO the message transmitted by the United Nations Commission on Human Rights through resolution 2005/74, “National Înstitutions for the Promotion and Protection of Human Rights,” which, in paragraph 12, “[w]elcomes the continuation of the practice of national institutions convening regional meetings” and encourages national institutions, in cooperation with the Office of United Nations High Commissioner for Human Rights, “to continue to organize similar events with Governments and non-governmental organizations in their own regions”;

 

UNDERSCORING the work done by the Caribbean Ombudsmen’s Association, the Network of National Human Rights Institutions of the Americas, the Andean Council of Ombudsmen, and the Central American Ombudsman Council;

 

RECALLING the exhortation contained in the aforementioned resolutions that member states of the inter-American system adopt measures to ensure that the defenders of the people, defenders of the population, human rights attorneys, and human rights commissioners enjoy political, administrative, and financial independence; and

 

TAKING INTO CONSIDERATION the Plan of Action of the Third Summit of the Americas, adopted in Quebec City, Canada, as it pertains to strengthening the capacity of national institutions responsible for the promotion and protection of human rights,

 

RESOLVES:

 

1.         To reaffirm the fundamental importance of national human rights systems for the promotion and protection of human rights in strengthening the rule of law and social justice for the consolidation of democracy.

 

2.         To reiterate its support for the politically, administratively, and financially independent work of the ombudsmen or defenders of the people, defenders of the population, human rights attorneys, and human rights commissioners in the countries of the Hemisphere, in the promotion and protection of human rights.

 

3.         To recommend to member states that do not yet have institutions of the kind to which this resolution refers that they consider the possibility of establishing and operating them within the framework of their legal order.

 

4.         To encourage the governments and organs of the inter-American system to promote the establishment of forums for dialogue between the institutions of the kind to which this resolution refers and the pertinent organs of the inter-American system, in order to strengthen their contribution to the democratic order in the Hemisphere.

 

5.         To reaffirm the support of the Organization of American States for the work of the Ibero-American Federation of Ombudsmen, the Caribbean Ombudsmen’s Association, the Network of National Human Rights Institutions of the Americas, the Andean Council of Ombudsmen, and the Central American Ombudsman Council.

 

6.         To reiterate to the Committee on Juridical and Political Affairs of the Permanent Council that it should consider inviting the institutions of the kind to which this resolution refers to participate in the dialogue to be conducted among the member states on human rights topics, for the reason that their presence is necessary.

 

7.         To request the Permanent Council to report to the General Assembly at its thirty-seventh regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.

 

AG/RES. 2223 (XXXVI-O/06)

 

OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS

 

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

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Court of Human Rights (AG/doc.4637/06);

 

CONSIDERING:

 

That in the Declaration of the Third Summit of the Americas, held in Quebec City, the Heads of State and Government stated that their “commitment to full respect for human rights and fundamental freedoms is based on shared principles and convictions” and that they supported “strengthening and enhancing the effectiveness of the inter American human rights system, which includes ... the Inter-American Court of Human Rights”;

 

That in the Declaration and the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, the Heads of State and Government recognized that the promotion and protection of human rights, on the basis of the principles of universality, indivisibility, and interdependence, are essential to the functioning of democratic societies.  Likewise, they undertook “[t]o continue supporting and strengthening the functioning of the bodies of the Inter-American System of Human Rights, promoting within the political bodies of the OAS, in the framework of the ongoing reflection process, concrete actions to achieve, among other objectives, greater adhesion to the legal instruments, an effective observance of the decisions by the Inter-American Court of Human Rights and due consideration of the recommendations of the Inter-American Commission of Human Rights, and the improvement of access of the victims to the mechanisms of the system, and the adequate financing of the bodies of the System, including the fostering of voluntary contributions”;

 

That Article 54.f of the Charter of the Organization of American States establishes that it is a function of the General Assembly to consider the observations and recommendations presented by the Permanent Council on the reports of the organs, agencies, and entities of the Organization, in accordance with Article 91.f of the Charter;

 

That Article 65 of the American Convention on Human Rights establishes that “to each regular session of the General Assembly of the Organization of American States the Court shall submit, for the Assembly’s consideration, a report on its work during the previous year.  It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations”;

 

UNDERSCORING WITH SATISFACTION the efficient work done by the Inter-American Court of Human Rights in the exercise of its contentious and advisory functions; and

 

EXPRESSING ITS APPRECIATION for the offers of the Governments of Chile, Paraguay, Argentina, Brazil, and El Salvador to host special sessions of the Inter-American Court of Human Rights, as a means of promoting the inter-American human rights system,

 

RESOLVES:

 

1.            To adopt the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Court of Human Rights (AG/doc.4637/06); and to forward them to that organ.

 

2.            To reaffirm the essential value of the work of the Inter-American Court of Human Rights in enhancing the protection and defense of human rights in the Hemisphere.

 

3.            To reiterate that the judgments of the Inter-American Court of Human Rights are final and may not be appealed and that the states parties to the American Convention on Human Rights undertake to comply with the decisions of the Court in all cases to which they are party.

 

4.            To reiterate the need for states parties to provide, in a timely fashion, the information requested by the Court in order to enable it to fully meet its obligation to report to the General Assembly on compliance with its judgments.

 

5.            To reaffirm the importance of:

 

a.           The advisory function of the Inter-American Court of Human Rights for the development of inter-American jurisprudence and international human rights law and, in that context, to take note of Advisory Opinion OC-19/05, “Control of Legality in the Exercise of the Functions of the Inter-American Commission on Human Rights”; and

 

b.             The jurisprudence of the Inter-American Court of Human Rights for the effective exercise of and respect for human rights in the Hemisphere; and consequently the importance of the dissemination of its decisions by the member states, as they deem it appropriate.

 

6.              To instruct the Permanent Council to:

 

a.             Continue its consideration of the issue of “Access of victims to the Inter-American Court of Human Rights (jus standi) and its application in practice,” including its financial and budgetary implications, taking into account the report of the Inter-American Court of Human Rights entitled “Bases for a Draft Protocol to the American Convention on Human Rights to Strengthen Its Mechanism for Protection - Volume II”; the proposal presented by the Government of Costa Rica, “Draft Optional Protocol to the American Convention on Human Rights”; the revised Rules of Procedure of the Inter-American Court of Human Rights and of the Inter-American Commission on Human Rights; and taking into account the need to maintain procedural equity and to redefine the role of the Commission in proceedings before the Court;

 

b.            Continue to consider means of encouraging compliance by member states with the judgments of the Court; and

 

c.             Instruct the Permanent Council to continue analyzing ways to achieve an effective increase of the financial resources allocated to the Inter-American Court of Human Rights in the program-budget of the Organization.  To that effect, to thank the Secretary General of the Organization for his work and urge him to continue his efforts and present additional proposals for achieving adequate funding for the Inter-American Court of Human Rights in the program-budget of the Organization.

 

7.             To thank those member states (Brazil, Colombia, Costa Rica, Mexico, and Paraguay) and institutions (the European Union, the Inter-American Development Bank - IDB, and the Office of the United Nations High Commissioner for Refugees - UNHCR) that have made voluntary contributions to the Inter-American Court of Human Rights.  In addition, to urge member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights; and to encourage permanent observers and institutions to make voluntary contributions to the Inter-American Court of Human Rights.

 

8.             To encourage member states to continue to invite the Inter-American Court of Human Rights to hold special sessions away from its headquarters.

 

9.             To urge the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights, and the Inter-American Institute of Human Rights to continue to hold specialized seminars on the inter-American system for the promotion and protection of human rights for government officials.

 

10.           To invite the Inter-American Court of Human Rights to continue to participate, with its judges, in the dialogue with member states in the reflection process on strengthening the inter-American human rights system, within the context of the Committee on Juridical and Political Affairs.

 

11.           To urge member states to consider the signature and ratification of, ratification of, or accession to, as the case may be, the American Convention on Human Rights and other instruments of the system, including acceptance of the binding jurisdiction of the Inter-American Court of Human Rights.

 

12.           To request the Permanent Council to report to the General Assembly at its thirty- seventh regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.

 

AG/RES. 2224 (XXXVI-O/06)

 

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

 

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

 

THE GENERAL ASSEMBLY,

 

            HAVING SEEN the report on this topic included in the Annual Report of the Permanent Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1);

 

EXPRESSING ITS SATISFACTION with the adoption of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families, through its resolution AG/RES. 2141 (XXXV-O/05);

 

NOTING the special meeting of the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council of the Organization of American States (OAS), held on March 16, 2006, on the implementation of the Inter-American Program and proposals for new activities by the states, as well as the presentations of the organs, agencies, and entities of the OAS;

 

            REAFFIRMING that the American Declaration of the Rights and Duties of Man proclaims that all persons are equal before the law and have the rights and duties established therein, without distinction as to race, sex, language, creed, or any other factor;

 

EMPHASIZING that the American Convention on Human Rights recognizes that the essential rights of the human individual are not derived from the fact that a person is a national of a certain state, but are based upon attributes of the human personality;

 

REAFFIRMING that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights take on particular relevance with respect to protection of the human rights of migrant workers and their families;

 

TAKING INTO ACCOUNT:

 

Its resolutions AG/RES. 1717 (XXX-O/00), AG/RES. 1775 (XXXI-O/01), AG/RES. 1898 (XXXII-O/02), AG/RES. 1928 (XXXIII-O/03), AG/RES. 2027 (XXXIV-O/04), and AG/RES. 2130 (XXXV-O/05); and

 

The Annual Report of the Inter-American Commission on Human Rights to the General Assembly, especially the chapter on the situation of migrant workers and members of their families in the Hemisphere (CP/doc.4088/06 add. 1);

 

CONSIDERING:

 

That the Heads of State and Government, gathered at the Third Summit of the Americas, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and committed to ensure dignified, humane treatment with applicable legal protections and to strengthen mechanisms for hemispheric cooperation to address their legitimate needs;

 

That in the Declaration of Nuevo León of the Special Summit of the Americas, the Heads of State and Government highlighted the importance of cooperation among countries of origin, countries of transit, and receiving countries to ensure full protection of the human rights of all migrants, including migrant workers and their families, the defense of human rights, and safe and healthy labor conditions for migrants, and to adopt effective measures against trafficking in persons;

 

            That the Heads of State and Government, gathered at the Fourth Summit of the Americas, adopted the Declaration of Mar del Plata, “Creating Jobs to Confront Poverty and Strengthen Democratic Governance,” and its Plan of Action, in which they reaffirmed, inter alia, important commitments related to the human rights of migrant workers;

 

That practically all the countries in the Hemisphere are countries of origin, countries of transit, and receiving countries for migrants and have the authority to regulate the immigration of persons into their territories, in accordance with applicable international law, including international human rights law, international humanitarian law, and international refugee law;

 

            The migrant programs adopted by some countries, which permit the integration of migrants into the receiving countries, facilitate family reunification, and promote a climate of harmony, tolerance, and respect;

 

            The positive contributions often made by migrants, both to their countries of origin and to the transit or receiving countries, and their gradual incorporation into the receiving societies; as well as the efforts made by some transit or receiving countries to attend both to the needs of migrants and to those of the receiving or local community;

 

            The entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on July 1, 2003; the installation and initiation of work of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families; and the entry into force of the Protocol against the Smuggling of Migrants by Land, Sea and Air, on January 28, 2004, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Convention);

 

Advisory Opinion OC-16/99, “The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law,” issued by the Inter-American Court of Human Rights on October 1, 1999;

 

Advisory Opinion OC-18/03, “Juridical Condition and Rights of the Undocumented Migrants,” issued by the Inter-American Court of Human Rights on September 17, 2003; and

 

The judgment issued by the International Court of Justice on March 31, 2004, in the case Avena and Other Mexican Nationals;

 

BEARING IN MIND:

 

That, in the Strategic Plan for Partnership for Development 2002-2005 of the Inter-American Council for Integral Development (CIDI), support for vulnerable groups such as migrant workers was identified as a priority in the implementation of policies and programs to facilitate access to the labor market and to improve working conditions; and

 

That the Plan of Action of the Third Summit of the Americas provided for the establishment of an inter-American program within the OAS for the promotion and protection of the human rights of migrants, including migrant workers and their families, taking into account the activities of the Inter-American Commission on Human Rights (IACHR) and supporting the work of the IACHR Special Rapporteurship on Migrant Workers and Their Families and of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights;

 

CONCERNED over the extremely vulnerable situation in which many migrant workers and their families in the Hemisphere find themselves and over the persistent obstacles that prevent them from fully exercising their human rights;

 

BEARING IN MIND that migrants are often victims of crimes, mistreatment, discrimination, racism, and xenophobia in transit and receiving countries, and that women migrants who are unaccompanied or heads of household are especially vulnerable to gender-based violence and other forms of sexual and labor exploitation, which calls for broad cooperation to address these situations, as well as the potential vulnerability of migrants’ families in the countries of origin;

 

TAKING NOTE of the regional initiatives, activities, and programs of the Regional Conference on Migration (Puebla Process) in North America, the countries of Central America, and the Dominican Republic, as well as the ministerial dialogue among Mesoamerican countries, the Dominican Republic, Ecuador, and Colombia; and

 

BEARING IN MIND that all migrants and their advocates have a duty and obligation to obey all the laws of sending, transit, and receiving countries,

 

RESOLVES:

 

1.             To strongly condemn manifestations or acts of racism, racial discrimination, xenophobia, and related forms of intolerance against migrants, as well as all forms of racism, racial discrimination, xenophobia, and related forms of intolerance with respect to access to employment, professional training, housing, instruction, health services, social services, and services to the public.

 

2.             To reaffirm the duty of states parties to the 1963 Vienna Convention on Consular Relations to comply with that Convention, including the right to communication between consular officers and their nationals in cases of detention and the obligation of the states parties in whose territory the detention occurs to inform the foreign national of that right; and, in that connection, to call the attention of states to Advisory Opinion OC-16/99 of the Inter-American Court of Human Rights and to the ruling of the International Court of Justice of March 31, 2004, in the case Avena and Other Mexican Nationals, on the obligation to comply with Article 36 of the Vienna Convention.

 

3.             To call the attention of the states to Advisory Opinion OC-18/03 of the Inter-American Court of Human Rights, which holds that “the migratory status of a person cannot constitute a justification to deprive him of the enjoyment and exercise of human rights, including those of a labor-related nature.”

 

4.             To encourage member states to consider the adoption of programs aimed at integrating migrants into their societies, in order to promote a climate of harmony, tolerance, and respect.

 

5.             To encourage constructive dialogue and cooperation among member states so as to improve their migration policies and practices with a view to providing adequate protection to all migrants, including migrant workers and their families, and in order to promote migration processes in keeping with the domestic legal system of each state and applicable international law.

 

6.             To urge member states to consider the signature and ratification of, ratification of, or accession to the inter-American human rights instruments, as the case may be, and to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.

 

7.             To call upon member states to consider the signature and ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

 

8.             To instruct the Permanent Council to continue supporting the work of the Inter-American Commission on Human Rights (IACHR) in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights and those of the International Organization for Migration (IOM).

 

9.             To encourage the IACHR to give a presentation, through its Special Rapporteurship on Migrant Workers and Their Families, on the human rights of migrants, including migrant workers and their families, and on the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families, during the High-Level Dialogue on International Migration and Development of the United Nations General Assembly, to be held in September 2006.

 

10.           To request that the Secretary General, pursuant to paragraph V.A of the Inter-American Program and in cooperation with the relevant organs, agencies, and entities of the Organization of American States (OAS), prepare and submit the work plan needed to keep track of the specific activities envisaged in that Inter-American Program.

 

11.           To instruct the relevant organs, agencies, and entities of the Organization to support the execution of and, when appropriate, to implement the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.

 

12.           To encourage states to consider, in the design, execution, and evaluation of their migration policies, the activities recommended in the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.

 

            13.        To convene, as established in the Inter-American Program, a meeting of the Committee on Juridical and Political Affairs (CAJP) in the first half of 2007, with the participation of government experts and representatives of the organs, agencies, and entities of the inter-American system, other international organizations, and civil society, for the purpose of sharing best practices and activities carried out last year in support of the Program, as well as new proposals that might be incorporated into it.

 

            14.        To request the relevant organs, agencies, and entities of the Organization to include, in their annual reports to the General Assembly, their actions aimed at implementing the activities set out in the Program.

 

            15.        To request the CAJP to convene, periodically and as appropriate, the organs, agencies, and entities of the Organization with a view to facilitating free-flowing dialogue with the member states on implementation of the activities assigned to the Organization by the Inter-American Program.

 

            16.        To instruct the Permanent Council to constitute a specific fund composed of voluntary contributions, called the “Fund for the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families,” to contribute to funding of the activities assigned to the organs, agencies, and entities of the OAS in support of this Program; and to urge member states, permanent observers, regional organizations, international organizations, and civil society organizations to contribute to the Fund.

 

            17.        To urge the General Secretariat, working through the Department of International Legal Affairs, to disseminate, inter alia, the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.

 

18.            To request the Inter-American Agency for Cooperation and Development (IACD) to strengthen communication and coordination with the IACHR, the IOM, the International Labour Organization (ILO), and other pertinent organizations, agencies, and entities and, in that context, to follow up in particular on IACD partnership-for-development activities, under the Strategic Plan for Partnership for Development 2002-2005, related to the situation of migrant workers and members of their families.

 

19.            To entrust the Inter-American Commission on Human Rights with:

 

a.             Considering the advisability of participating in joint cooperation projects conducted by the IACD in this area;

 

b.         Providing its Special Rapporteurship on Migrant Workers and Their Families with the necessary and appropriate means to perform its duties, within the resources allocated in the program-budget of the Organization and other resources; and

 

c.         Presenting to the Permanent Council a report on the status of the rights of migrant workers and their families, prior to the thirty-seventh regular session of the General Assembly.

 

20.            To invite member states; permanent observers; organs, agencies, and entities of the inter-American system; and others to contribute to the voluntary fund of the IACHR Special Rapporteurship on Migrant Workers and Their Families.

 

21.            To urge member states to consider inviting the Special Rapporteur on Migrant Workers and Their Families to visit their countries to enable said Rapporteur to perform his or her functions effectively.

 

22.            To request the Permanent Council to report to the General Assembly at its thirty-seventh regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.

 

AG/RES. 2225 (XXXVI-O/06)

 

COOPERATION AMONG THE MEMBER STATES OF THE
ORGANIZATION OF AMERICAN STATES TO ENSURE
THE PROTECTION OF HUMAN RIGHTS AND FIGHT IMPUNITY

 

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

 

THE GENERAL ASSEMBLY,

 

CONSIDERING the Universal Declaration of Human Rights, the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, or “Pact of San José,” and the Inter-American Convention against Corruption;

 

CONSIDERING ALSO its resolutions AG/RES. 2072 (XXXV-O/05), AG/RES. 2039 (XXXIV-O/04), AG/RES. 1929 (XXXIII-O/03), AG/RES. 1900 (XXXII-O/02), AG/RES. 1771 (XXXI-O/01), AG/RES. 1770 (XXXI-O/01), AG/RES. 1706 (XXX-O/00), and AG/RES. 1619 (XXIX-O/99), which make reference to promotion of the International Criminal Court;

 

RECALLING resolution No. 1/03, “On Trial for International Crimes,” adopted by the Inter-American Commission on Human Rights (IACHR) on October 24, 2003, as well as the jurisprudence of the Inter-American Court of Human Rights regarding impunity;

 

            RECALLING ALSO resolution 2005/81, “Impunity,” of the United Nations Commission on Human Rights;

 

BEARING IN MIND that, in accordance with international human rights instruments to which they are party, states should respect and safeguard the human rights of all persons under their jurisdiction and that for that reason they should investigate, prosecute, and punish those responsible for all violations of said rights that constitute crimes;

 

RECALLING the importance of judicial cooperation among states to accomplish the purposes described in the previous paragraph, especially regarding international crimes such as genocide, crimes against humanity, and war crimes;

 

OBSERVING that, among other instruments, the Inter-American Convention to Prevent and Punish Torture and the Inter-American Convention on Forced Disappearance of Persons, in the framework of the Organization of American States, as well as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention against the Taking of Hostages, the Convention on the Imprescriptibility of War Crimes and Crimes against Humanity, and the Convention on the Prevention and Punishment of the Crime of Genocide, oblige the states parties thereto to take steps to try these crimes in their jurisdiction, or else to extradite the accused for trial; and

 

TAKING INTO ACCOUNT the Principles of International Cooperation in the Detection, Arrest, Extradition, and Punishment of Persons Guilty of War Crimes and Crimes against Humanity, and the Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity,

 

RESOLVES:

 

1.           To urge member states to combat impunity and to prosecute or extradite, in accordance with their obligations under international law, those responsible for all violations of human rights and international humanitarian law that constitute crimes, including genocide, crimes against humanity, and war crimes, in order to bring them to justice.

 

2.        To urge member states to comply with their commitments to follow up on the recommendations of the Inter-American Commission on Human Rights (IACHR) and to comply with the decisions of the Inter-American Court of Human Rights.

 

 

AG/RES. 2226 (XXXVI-O/06)

 

PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW

 

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

 

THE GENERAL ASSEMBLY,

 

RECALLING its resolutions AG/RES. 1270 (XXIV-O/94), AG/RES. 1335 (XXV-O/95), 1408 (XXVI-O/96), AG/RES. 1503 (XXVII-O/97), AG/RES. 1565 (XXVIII-O/98), AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1770 (XXXI-O/01), AG/RES. 1771 (XXXI-O/01), AG/RES. 1904 (XXXII-O/02), AG/RES. 1944 (XXXIII-O/03), AG/RES. 2052 (XXXIV-O/04), and AG/RES. 2127 (XXXV-O/05);

 

RECALLING ALSO that, under the Charter of the Organization of American States (OAS), and pursuant to all applicable provisions of international humanitarian law and international human rights law within their respective spheres of application, human rights and fundamental freedoms must always be respected, including in situations of armed conflict;

 

DEEPLY CONCERNED about the persisting violations of international humanitarian law that cause suffering to all victims of armed conflict;

 

RECALLING that it is the obligation of all member states, in all circumstances, to respect and ensure respect for the 1949 Geneva Conventions;

 

            RECALLING ALSO that 33 and 32 OAS member states, respectively, are parties to the 1977 Additional Protocols I and II to the 1949 Geneva Conventions;

 

CONSIDERING that international humanitarian law contains provisions that reflect customary international law that states must observe;

 

WELCOMING the adoption on December 8, 2005, of Additional Protocol III to the 1949 Geneva Conventions, regarding approval of an additional emblem;

 

UNDERSCORING the need to strengthen the rules of international humanitarian law by means of their universal acceptance, their broader dissemination, and the adoption of national measures for their application;

 

EMPHASIZING the obligation of states to punish all violations of international humanitarian law;

 

RECOGNIZING the important contribution by the national committees or commissions on international humanitarian law that exist in various member states to the application and dissemination or the adoption, as the case may be, of national measures to implement international rules within internal legal systems;

 

NOTING the holding of the First Meeting of States Parties to the 1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, in Paris, on October 26, 2005;

 

EXPRESSING ITS SATISFACTION with the cooperation between the Organization of American States and the International Committee of the Red Cross (ICRC) with regard to promoting respect for international humanitarian law and the principles behind said law, one example of which was the holding of a special meeting of the Committee on Juridical and Political Affairs on current topics in international humanitarian law, at OAS headquarters on February 2, 2006; and taking note of the results of that meeting, contained in the rapporteur’s report (CP/CAJP-2326/06);

 

TAKING INTO ACCOUNT that, in the Declaration of Mar del Plata, adopted in the framework of the Fourth Summit of the Americas, in November 2005, the Heads of State and Government recognized that “respect for international law, including international humanitarian law, international human rights law, and international refugee law are essential to the functioning of democratic societies”;

 

RECALLING that the Third Review Conference of the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects will take place this year;

 

RECALLING ALSO that the Conference to Review Progress Made in the Implementation of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects will take place this year; and

 

EMPHASIZING the special role of the ICRC as a neutral, impartial, and independent institution working to protect and assist the victims of armed conflicts and other situations of armed violence, as well as to promote respect for international humanitarian law and the principles underlying it,

 

RESOLVES:

 

1.            To urge member states and the parties engaged in armed conflict to honor their obligations under international humanitarian law, including those pertaining to protection of the well-being and dignity of victims and the proper treatment of prisoners of war.

 

2.            To urge member states that have not yet done so to consider becoming parties to the following treaties:

 

a.           The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and its 1954 and 1999 Protocols, respectively;

 

b.             The 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (Biological Weapons Convention);

 

c.              The 1977 Additional Protocols I and II to the 1949 Geneva Conventions; and the 2005 Additional Protocol III;

 

d.              The 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, including the amendment to its Article I adopted in 2001 and its five Protocols;

 

e.              The 1989 Convention on the Rights of the Child, and its 2000 Optional Protocol on the involvement of children in armed conflicts;

 

f.               The 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention);

 

g.              The 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their Destruction;

 

h.              The 1998 Rome Statute of the International Criminal Court;

 

i.                The 1997 Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (CIFTA); and

 

j.          The 1994 Convention on the Safety of United Nations and Associated Personnel.

 

            3.         To urge member states that are parties to Additional Protocol 1 of 1977 to consider recognizing the competence of the International Humanitarian Fact-Finding Commission by means of the declaration contemplated in Article 90 of said Protocol, and those that have done so to take part in the election of the new members of the Commission.

 

            4.         To urge member states to bring about the widest possible dissemination of the rules of international humanitarian law, in particular by incorporating them into military doctrine and manuals, as well as among the entire civilian population.

 

            5.         To urge member states to adapt their criminal law in order to meet their legal obligations under the 1949 Geneva Conventions and the 1977 Additional Protocol I thereto with respect to the definition of war crimes, universal jurisdiction, and the responsibility of superiors.

 

6.         To invite member states to play an active part in the Third Review Conference of the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects.

 

7.             To invite member states that are parties to the Rome Statute to cooperate fully with the International Criminal Court and to define under their criminal law the crimes that are within its jurisdiction.
 

8.            To call upon member states to enact laws to prevent the misuse of the red cross and red crescent emblems and denominations, as well as the emblem adopted in Additional Protocol III, of December 8, 2005, as established in relevant treaties.

 

9.            To urge member states to adopt effective measures to prevent the disappearance of persons in cases of armed conflict or other situations of armed violence, to determine the fate of those who have disappeared, and to attend to the needs of their family members.

 

10.         To encourage member states to ensure the adoption of the necessary measures and mechanisms to protect cultural property from the effects of armed conflict, in accordance with their international obligations, and in particular to give consideration to the adoption of preventive measures related to the preparation of inventories, the planning of emergency measures, the appointment of competent authorities, and the enactment of laws to ensure respect for such property.

 

11.       To urge those member states that are parties to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction to prevent and suppress any activity prohibited therein when it is carried out by persons or in territory under their jurisdiction or control and to pay attention to the needs of victims of antipersonnel mines and, where appropriate, victims of explosive remnants of war, considering, as part of those needs, medical care, rehabilitation, and economic reintegration of the victims.

 

12.           To urge member states to enact laws punishing acts prohibited by the 1925 Geneva Protocol to the 1907 Hague Convention, the 1972 Biological Weapons Convention, and the 1993 Chemical Weapons Convention.

 

13.            To call upon member states to prohibit the compulsory recruitment of children under 18 years of age into the armed forces or armed groups, and to take all feasible measures to prevent their direct participation in hostilities, in accordance with the 2000 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts.

 

14.        To urge member states to consider adopting the appropriate measures, at the national level, to address the grave humanitarian consequences of the unregulated availability of arms, including the enactment of domestic laws aimed at strengthening control over the illicit manufacturing of and trafficking in firearms and other related materials, and to bear in mind the Programme of Action adopted at the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (New York, July 9-20, 2001); and to invite them to play an active part in the Review Conference of the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, to be held in New York from June 26 to July 7, 2006, in order to help strengthen the international commitment made in the area.

 

            15.        To encourage member states to establish procedures for determining, when studying, developing, acquiring, or adopting a new weapon or new means or methods of warfare, whether using, manufacturing, stockpiling, or exporting them would be contrary to international humanitarian law, and, in that event, to refrain from incorporating them for use by the armed forces or from manufacturing them for such purposes.

 

16.            To invite member states to continue to support the work of national committees or commissions responsible for the dissemination and implementation of international humanitarian law; and to urge states where such bodies do not exist to consider establishing them.

 

17.            To request the General Secretariat to consider, through the Office of International Law of its Department of International Legal Affairs, and in coordination with the International Committee of the Red Cross (ICRC), its Advisory Service in particular, organizing governmental conferences, as well as courses and seminars for staff of the permanent missions of the member states to the Organization of American States and General Secretariat staff, in order to disseminate international humanitarian law and related inter-American conventions and strengthen their implementation.

 

18.            To instruct the Permanent Council to continue, with support from the Office of International Law of the Department of International Legal Affairs of the General Secretariat, and in cooperation with the ICRC, to organize special meetings on topics of current interest in international humanitarian law.

 

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

 

AG/RES. 2227 (XXXVI-O/06)

 

OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

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

 

            THE GENERAL ASSEMBLY,

 

            HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Commission on Human Rights (AG/doc.4638/06);

 

CONSIDERING:

 

            That, in the Charter of the Organization of American States (OAS), the member states have proclaimed, as one of their principles, respect for the fundamental rights of the individual without distinction as to race, nationality, creed, or sex; and that, under the OAS Charter and the American Convention on Human Rights, the principal function of the Inter-American Commission on Human Rights (IACHR) is to promote the observance and protection of human rights; and

 

            That in the Declaration and Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, the Heads of State and Government recognized that the promotion and protection of human rights, on the basis of the principles of universality, indivisibility, and interdependence, are essential to the functioning of democratic societies, as well as the need to continue the process of strengthening and enhancing the effectiveness of the inter-American human rights system to achieve, among other objectives, greater accession to the legal instruments, effective observance of the decisions of the Inter-American Court of Human Rights and due consideration of the recommendations of the Inter-American Commission of Human Rights;

 

THANKING the Governments of Guatemala and Paraguay for the invitations they extended to the IACHR to hold special sessions in those countries, as a means of promoting the inter-American human rights system; and

 

THANKING ALSO the Government of Argentina, which extended an open and permanent invitation to the IACHR to visit its country, as of March 2006, and the Governments of Brazil, Colombia, and Mexico, which did so on prior occasions,

 

RESOLVES:

 

            1.         To adopt the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Commission on Human Rights (AG/doc.4638/06); and to forward them to that organ.

 

            2.         To reaffirm the essential value of the work carried out by the Inter-American Commission on Human Rights (IACHR) to enhance the protection and promotion of human rights and the reinforcement of the rule of law in the Hemisphere.

 

3.         To encourage member states to:

 

a.         Consider signing and ratifying, ratifying, or acceding to, as the case may be, all legal instruments of the inter-American human rights system;

 

b.         Follow up on the recommendations of the IACHR, including, inter alia, precautionary measures; and

 

c.          Continue to take appropriate action in connection with the annual reports of the IACHR, in the context of the Permanent Council and the General Assembly.

 

            4.         To note with satisfaction the decisions taken by the governments of member states to invite the IACHR to visit their respective countries; and to encourage all member states to continue this practice.

 

            5.         To encourage member states to continue inviting the IACHR to hold special sessions away from its headquarters.

 

            6.         To reiterate its request to the IACHR to present to the member states for their information a detailed report on the special session held in Mexico, with the participation of the Inter-American Court of Human Rights, from July 19 to 23, 2004.

 

            7.         To urge the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, and the Inter-American Institute of Human Rights to continue to hold specialized seminars for government officials on the inter-American system for the promotion and protection of human rights.

 

            8.         To reiterate the importance of the application of the friendly settlement mechanism among parties concerned, in accordance with the American Convention on Human Rights and the Statute and Rules of Procedure of the Inter-American Commission on Human Rights.

 

            9.         To take the following actions with regard to financing of the IACHR:

 

a.             Instruct the Permanent Council to continue analyzing ways to achieve an effective increase in the financial resources allocated to the IACHR in the program-budget of the Organization.  To that effect, thank the Secretary General for his work and urge him to continue his efforts and to present additional proposals aimed at achieving adequate financing for the Commission in said program-budget;

 

b.            Thank member states, permanent observers, and institutions that have made voluntary contributions to the IACHR;

 

c.            Invite member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights;

 

d.             Suggest to donors that, to the extent possible, part of the voluntary contributions that they make not be earmarked for specific purposes, to give the Commission flexibility in allocating resources among its various activities and projects.

 

            10.        To invite the IACHR to:

 

a.             Continue to take into account the observations and recommendations of the member states on its annual report and to adopt such measures as it considers pertinent based on such observations and recommendations;

 

b.             Continue to publish on its Internet page, when member states so request, their observations and recommendations on its annual report to the General Assembly;

 

c.             Continue to strengthen existing rapporteurships and operational units, in the most equitable manner possible, within the limits of its available resources, and in accordance with Article 15 of its Rules of Procedure; and

 

d.             Continue to participate, through the members of the Commission, in the dialogue with member states, in the context of the Committee on Juridical and Political Affairs (CAJP), so as to follow up on the observations and comments of the states set forth in the reports on the meetings held on October 26, 2004 (CP/CAJP/SA.412/04 corr. 1 and CP/CAJP/INF.17/04) and on March 9, 2006 (CP/CAJP-2311/05 add. 2 and 2-a), in particular those on the criteria used when applying its principal mechanisms for the protection of human rights and when applying its Rules of Procedure to the individual case system, as well as for general observation mechanisms and the publication of reports; and likewise on the role of the IACHR in proceedings before the Inter-American Court of Human Rights.

 

            11.        To instruct the CAJP, with a view to implementing operative paragraph 10.d, to schedule meetings to continue its dialogue with the members of the IACHR.

            12.        To request the Permanent Council to report to the General Assembly at its thirty-seventh regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resourceText Box:     s.

AG/RES. 2228 (XXXVI-O/06)

 

MEETING OF MINISTERS OF JUSTICE OR OF
MINISTERS OR ATTORNEYS GENERAL OF THE AMERICAS

 

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

 

            THE GENERAL ASSEMBLY,

 

Having seen the Annual Report of the Permanent Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1), in particular as it pertains to the implementation of resolution AG/RES. 2068 (XXXV-O/05), “Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas” (REMJA);

 

RECALLING that, in the Plan of Action of the Third Summit of the Americas, held in Quebec City, Canada, in April 2001, the Heads of State and Government decided to continue to support the work done in the context of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJAs) and the implementation of their conclusions and recommendations;

 

RECALLING ALSO that in the Declaration of Nuevo León, adopted at the Special Summit of the Americas, held in Monterrey, Mexico, in January 2004, the Heads of State and Government urged all countries “to participate actively in the Network on Mutual Legal Assistance in Criminal Matters,” which constitutes one of the concrete outcomes of the REMJAs;

 

BEARING IN MIND that in the Declaration on Security in the Americas, adopted in Mexico City in October 2003, the states of the Hemisphere reaffirmed “that the Meetings of Ministers of Justice or Ministers or Attorneys General of the Americas (REMJA) and other meetings of criminal justice authorities are important and effective fora for promoting and strengthening mutual understanding, confidence, dialogue, and cooperation in developing criminal justice policies and responses to address new threats to security”; and

 

TAKING INTO ACCOUNT that REMJA-V recommended “that the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-VI) take place in 2006 and that the OAS General Assembly charge the Permanent Council of the OAS to set a date and site for REMJA-VI,”

 

RESOLVES:

 

1.             To express its satisfaction with the outcomes of the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-VI), held in the city of Santo Domingo, Dominican Republic, from April 24 to 26, 2006, and with the results of the technical meetings held prior to it as part of the REMJA process.

 

2.             To thank the Government of the Dominican Republic for successfully organizing the aforementioned ministerial meeting.
 

3.             To endorse the Conclusions and Recommendations of the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, which are appended hereto and form an integral part of this resolution.

 

4.         To instruct the Permanent Council to provide appropriate follow-up to the implementation of the conclusions and recommendations of REMJA-VI and to convene the meetings referred to therein, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.

 

5.         To instruct the Permanent Council to present a report on the implementation of this resolution to the General Assembly at its thirty-seventh regular session.

 

AG/RES. 2229 (XXXVI-O/06)

 

INTERNALLY DISPLACED PERSONS

 

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

 

THE GENERAL ASSEMBLY,

 

            RECALLING its resolutions AG/RES. 1971 (XXXIII-O/03), “The Protection of Refugees, Returnees, and Stateless and Internally Displaced Persons in the Americas”; AG/RES. 774 (XV-O/85), AG/RES. 838 (XVI-O/86), AG/RES. 951 (XVIII-O/88), AG/RES. 1021 (XIX-O/89), AG/RES. 1039 (XX-O/90), AG/RES. 1040 (XX-O/90), AG/RES. 1103 (XXI-O/91), AG/RES. 1170 (XXII-O/92), AG/RES. 1214 (XXIII-O/93), AG/RES. 1273 (XXIV-O/94), AG/RES. 1336 (XXV-O/95), AG/RES. 1416 (XXVI-O/96), AG/RES. 1504 (XXVII-O/97), AG/RES. 1602 (XXVIII-O/98), AG/RES. 1892 (XXXII-O/02), AG/RES. 2055 (XXXIV-O/04), and, in particular, resolution AG/RES. 2140 (XXXV-O/05), “Internally Displaced Persons”;

 

            REITERATING the principles established in the Charter of the Organization of American States and in the Inter-American Democratic Charter, especially those referred to in its Chapter III, “Democracy, Integral Development, and Combating Poverty”;

 

            RECALLING the pertinent rules of international law, including international human rights law, international humanitarian law, and international refugee law; and recognizing that the protection of internally displaced persons has been reinforced by the identification, reaffirmation, and consolidation of specific protective standards, in particular the Guiding Principles on Internal Displacement, prepared by the Representative of the United Nations Secretary-General on Internally Displaced Persons;

 

            RECALLING ALSO that, according to those guiding principles, internally displaced persons are “persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”;

 

            EMPHASIZING that the states have the primary responsibility to provide protection and assistance to internally displaced persons within their jurisdiction, as well as to address, as appropriate, the causes of the internal displacement problem and to do so, when so required, in cooperation with the international community;

 

            NOTING that several countries in the Hemisphere are using the Guiding Principles on Internal Displacement and including them in the development of national policies and strategies;

 

            TAKING INTO ACCOUNT that the problem of internally displaced persons is of significant proportions and that their needs, particularly with regard to protection and assistance, require immediate attention;

 

            EMPHASIZING the importance of implementing effective policies for preventing and averting forced internal displacement and for protecting and assisting displaced persons during displacement and during return or resettlement, and reintegration; and

 

            UNDERSCORING that to promote enhanced protection for internally displaced persons, comprehensive strategies and lasting solutions are needed, which include, among other aspects, the safe, dignified, and voluntary return of internally displaced persons, promotion and protection of their human rights, and their resettlement and reintegration, either in their place of origin or in the receiving community and, in this context, reaffirming the importance of international cooperation,

 

RESOLVES:

 

1.           To urge member states to include, as appropriate, in their sectoral plans, policies, and programs the special needs of internally displaced persons, in particular in the formulation of programs to foster development and fight poverty.

 

2.           To urge member states to consider using the Guiding Principles on Internal Displacement, prepared by the Representative of the United Nations Secretary-General on Internally Displaced Persons, as a basis for their plans, policies, and programs in support of such persons, and, in accordance with international law, in support of, inter alia, indigenous communities and communities of African descent, and the specific needs of children, women, the elderly, and persons with disabilities.

 

3.           In order to avert the internal displacement of persons, to encourage member states to address the factors that cause it and to establish policies, such as early warning, to prevent those factors, bearing in mind that dialogue with all the actors involved is essential to the achievement of lasting solutions.

 

4.           To urge member states, in keeping with their responsibility to internally displaced persons, based on comprehensive strategies, to commit to providing them with protection and assistance during displacement, through competent national institutions; and to invite member states to commit to seeking lasting solutions, including the safe and voluntary return of internally displaced persons and their resettlement and reintegration, whether in their place of origin or in the receiving community.

 

5.           To call upon states to protect the rights of internally displaced persons in natural and man-made disasters and to employ an approach to disaster relief and reconstruction, consistent with international human rights law and domestic law, taking into account the Guiding Principles on Internal Displacement and best practices.

 

6.        To appeal to the appropriate agencies of the United Nations and inter-American systems, and other humanitarian organizations and the international community, to provide support and/or assistance, as requested by states, in addressing the various factors that cause internal displacement, and in assisting persons affected by internal displacement at all stages, where, should emergency humanitarian assistance be required, account should be taken of the Guiding Principles on strengthening of the coordination of humanitarian emergency assistance (United Nations General Assembly resolution 46/182).
 

7.        To urge states to cooperate fully with the international community in addressing the situation of internally displaced persons, in particular with the Representative of the United Nations Secretary-General on Internally Displaced Persons, the United Nations High Commissioner for Refugees, and the Inter-Agency Internal Displacement Division of the Office for the Coordination of Humanitarian Affairs.

 

8.        To urge member states to consider adopting and implementing in their domestic law the Guiding Principles on Internal Displacement, which reflect certain aspects of international human rights law and international humanitarian law.

 

9.        To instruct the Permanent Council to follow up on this resolution as it deems appropriate.

 

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