ANNUAL REPORT OF THE IACHR 2006

 

AG/RES. 2230 (XXXVI-O/06)

 

PROGRAM OF ACTION FOR THE DECADE OF THE AMERICAS
FOR THE RIGHTS AND DIGNITY OF PERSONS WITH DISABILITIES (2006-2016)

 

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

 

            THE GENERAL ASSEMBLY,

 

RECALLING its resolutions AG/RES. 1249 (XXIII-O/93) and AG/RES. 1356 (XXV-O/95), “Situation of Persons with Disabilities in the American Hemisphere”; and AG/RES. 1369 (XXVI-O/96), “Panama Commitment to Persons with Disabilities in the American Hemisphere”;

 

TAKING INTO ACCOUNT that, in the Plan of Action of the Fourth Summit of the Americas (Mar del Plata, Argentina, November 5, 2005), the Heads of State and Government instructed the Organization of American States (OAS) to “consider at the next OAS period of regular sessions of the General Assembly to be held in the Dominican Republic, a Declaration on the Decade of the Americas for Persons with Disabilities (2006-2016), together with a program of action”;

 

            REITERATING the continuing need to promote the right of persons with disabilities to participate fully in the social life and the development of their societies and to enjoy living conditions on an equal basis with others, as well as the improvement of living conditions as a result of social and economic development, with respect for their special needs;

 

RECOGNIZING that our region has produced regional instruments and policies, such as the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities and the Declaration of the Ibero-American Year of Persons with Disabilities, which need to be promoted and implemented through a region-wide program of action, which will also help to fight inequality in the region;

 

RECALLING other important international instruments, such as the Declaration on the Rights of Mentally Retarded Persons (United Nations General Assembly resolution 2856 (XXVI), December 20, 1971); the United Nations Declaration on the Rights of Disabled Persons (United Nations General Assembly resolution 3447 (XXX), December 9, 1975); the World Programme of Action concerning Disabled Persons (United Nations General Assembly resolution 37/52, December 3, 1982); the Vocational Rehabilitation and Employment (Disabled Persons) Convention of the International Labour Organization - ILO (Convention No. 159); Recommendation Nº 168 of the ILO (1983); the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care (United Nations General Assembly resolution 46/119, December 17, 1991); and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (United Nations General Assembly resolution 48/96, December 20, 1993); and recalling the ongoing work of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (2001), all of which provide a working basis for long-term efforts, in a framework of inclusive development and with a focus on rights;

 

BEARING IN MIND the “Declaration on the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016)” [AG/DEC. 50 (XXXVI-O/06)], adopted by the General Assembly at the present regular session, which will provide a genuine, meaningful impetus to activities related to equal opportunity for persons with disabilities, as well as to the prevention of disabilities and the rehabilitation of persons with disabilities at all levels; and

 

            TAKING NOTE of the document entitled “Draft Program of Action for the Decade of the Americas for Persons with Disabilities (2006-2016),” presented by Peru (CP/CAJP-2362/06 corr. 1),

 

RESOLVES:

 

            1.         To request the Permanent Council to establish, in the framework of the Committee on Juridical and Political Affairs, a working group to prepare a Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016), taking into account the document entitled “Draft Program of Action for the Decade of the Americas for Persons with Disabilities (2006-2016),” presented by Peru (CP/CAJP-2362/06 corr. 1), as well as the inputs received at the special meeting referred to in operative paragraph 3 of this resolution.  The final document will be submitted to the General Assembly at its thirty-seventh regular session for adoption.

 

            2.         To thank Peru for its presentation of the document entitled “Draft Program of Action for the Decade of the Americas for Persons with Disabilities (2006-2016).”

 

3.         To request the Working Group to hold a special meeting during the second half of 2006 to receive inputs on the Draft Program of Action from the member states of the Organization of American States (OAS), from the pertinent OAS organs, agencies, and entities, from other regional and international bodies, and from civil society organizations, including organizations of persons with disabilities and their families.

 

            4.         To request the General Secretariat to provide, through the Office of International Law of the Department of International Legal Affairs, the broadest possible support for the Working Group’s activities.

 

5.         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. 2231 (XXXVI-O/06)

 

PERSONS WHO HAVE DISAPPEARED AND ASSISTANCE
TO MEMBERS OF THEIR FAMILIES

 

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

 

THE GENERAL ASSEMBLY,

 

            RECALLING its resolutions AG/RES. 1904 (XXXII-O/02), AG/RES. 1944 (XXXIII-O/03), AG/RES. 2052 (XXXIV-O/04), AG/RES. 2127 (XXXV-O/05), and AG/RES. 2134 (XXXV-O/05);

 

TAKING INTO ACCOUNT that the problem of missing persons and assistance to members of their families is addressed in both international humanitarian law and international human rights law within their respective spheres of application, their legal frameworks being distinct;

 

DEEPLY CONCERNED over the suffering caused both by the disappearance of persons as a result of armed conflict or other situations of armed violence and by forced disappearances;

 

RECOGNIZING the need to alleviate the anxiety and uncertainty suffered by the relatives of persons who are presumed to have disappeared;

 

MINDFUL of the need to prevent the disappearance of persons, to ascertain the fate of those who have disappeared, and to respond to the needs of members of their families, both in situations of armed conflict or other situations of armed violence and in cases of forced disappearances;

 

BEARING IN MIND resolution 59/189, “Missing Persons,” adopted by the United Nations General Assembly on December 20, 2004; resolution 2005/66, “Right to the Truth,” adopted by the United Nations Commission on Human Rights on April 20, 2005; resolution 2005/26, “Human Rights and Forensic Science,” adopted by the United Nations Commission on Human Rights on April 19, 2005; and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted by the United Nations General Assembly on December 16, 2005;

 

RECALLING the Declaration and Agenda for Humanitarian Action adopted by resolution 1 of the 28th International Conference of the Red Cross and Red Crescent, held in Geneva, Switzerland, from December 2 to 6, 2003, which address the question of persons missing as a result of an armed conflict or other situations of armed violence;

 

RECALLING ALSO the Inter-American Convention on Forced Disappearance of Persons, adopted on June 9, 1994;

 

CONVINCED that compliance with international humanitarian law by all parties involved in an armed conflict would, in large measure, prevent disappearances, and also convinced that the member states are duty-bound to observe and protect human rights in order to prevent forced disappearances; and

CONVINCED ALSO of the need to continue to apply or to develop effective national mechanisms for preventing, and applying sanctions for, the disappearance of persons and for searching for and locating missing persons,

 

RESOLVES:

 

1.                   To urge all parties involved in armed conflict or other situations of armed violence to prevent the disappearance of persons, in accordance with the provisions of international humanitarian law, as applicable; and likewise to urge member states to observe and protect human rights, in order to prevent forced disappearances.

 

2.                   To encourage member states to continue moving forward in preventing the forced disappearance of persons by considering, where appropriate, the adoption of laws, regulations, and/or instructions requiring the establishment of official registries in which records will be kept of all detained persons, among other reasons to allow, as appropriate, family members, other interested persons, judicial authorities, and/or bodies that have a recognized mandate to protect detainees to learn, within a short period of time, of any detention that has taken place, all of the foregoing without interfering with appropriate communications between detainees and their families.

 

3.                   To urge member states to shed light on the fate of persons who have disappeared, to establish registry systems to collect and centralize information on persons presumed to have disappeared, to take appropriate measures to guarantee an impartial investigation by the competent authorities, and to involve the families of presumed disappearance victims in the efforts to clarify what has happened to them.

 

4.                   To encourage member states to address as fully as possible the psychological, social, legal, and material needs of the families of presumed victims of disappearances through measures including, where appropriate, provision of periodic information to relatives on the efforts to cast light on the fate of the disappeared and on their whereabouts.

 

5.                   To encourage member states to consider enacting, as applicable, domestic laws that recognize the situation of the families of disappearance victims, taking into account the specific needs and particular interests of women heads of household and children, including the consequences of disappearances on property management, child custody, parental rights, and marital status, as well as devising adequate compensation programs.

 

6.                   To urge member states to treat human remains appropriately, in compliance with the legal standards and professional ethics applicable to their handling and exhumation, in order to successfully identify them and issue death certificates.

 

7.                   To urge member states to punish those guilty of violating the provisions of international human rights law and international humanitarian law applicable to the disappearance of persons and, in particular, to forced disappearances.

 

8.                   To urge member states to guarantee adequate protection of the personal data gathered in connection with disappeared persons, in accordance with the law.

 

9.                   To urge member states to cooperate among themselves in addressing the problem of the disappearance of persons.

 

10.               To encourage member states to request support in addressing this problem from international and civil society organizations.

 

11.               To invite member states to continue their cooperation with the International Committee of the Red Cross, a recognized humanitarian institution, in its various areas of responsibility and to facilitate its work.

 

12.               To urge those member states that have not yet done so to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Inter-American Convention on Forced Disappearance of Persons.

 

13.               To instruct the Permanent Council to follow up on this resolution.
 

AG/RES. 2232 (XXXVI-O/06)

 

PROTECTION OF ASYLUM SEEKERS, REFUGEES, AND RETURNEES IN THE AMERICAS

 

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

 

            THE GENERAL ASSEMBLY,

 

            RECALLING its resolution AG/RES. 2047 (XXXIV-O/04), “Protection of Asylum Seekers, Refugees, Returnees, and Stateless Persons in the Americas”; and its resolutions AG/RES. 1762 (XXX-O/00), AG/RES. 1832 (XXXI-O/01), AG/RES. 1892 (XXXII-O/02), and AG/RES. 1971 (XXXIII-O/03);

 

            WELCOMING the fact that 28 member states of the Organization of American States (OAS) have acceded to the 1951 Convention Relating to the Status of Refugees and 30 to its 1967 Protocol, and that Bolivia, El Salvador, and Venezuela have adopted new domestic legal provisions for the protection of refugees, while Argentina, Mexico, Nicaragua, and Uruguay are in the process of adopting new domestic legislation on refugees;

 

            RECOGNIZING the commitment assumed by OAS member states to continue extending protection to asylum seekers, refugees, and returnees, on the basis of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, and to seek lasting solutions to their situation;

 

RECOGNIZING ALSO that efforts to provide protection and assistance and find lasting solutions for refugees in the region are inspired by humanitarian principles, are consistent with international refugee law, and are guided by the spirit of international solidarity and responsibility-sharing, as appropriate, with the support of international cooperation;

 

            RECOGNIZING FURTHER the efforts that countries of origin have been making, with support from the international community, to deal with the circumstances that generate waves of persons seeking asylum, and the importance of persisting in those efforts;

 

            EMPHASIZING the efforts made by some receiving countries of the region, faithful to their generous tradition of asylum even under difficult socioeconomic conditions, to continue extending protection to asylum seekers and refugees;

 

            UNDERSCORING the presentation made by the Office of the United Nations High Commissioner for Refugees (UNHCR) to the Committee on Juridical and Political Affairs on February 17, 2005, entitled “International Protection of Refugees in the Americas: Recent Developments,” on the complexity and the dimensions of forced displacement in the Americas, which primarily affects refugees and internally displaced persons in Latin America and the Caribbean;

 

            UNDERSCORING ALSO the importance of the consultative process carried out by the UNHCR, cosponsored by the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights, the Inter-American Institute of Human Rights (IIHR), and the Norwegian Refugee Council, on the commemoration of the 20th anniversary of the 1984 Cartagena Declaration on Refugees, which enabled the governments of Latin America, international organizations, regional experts, and civil society representatives to examine and discuss current challenges and opportunities for strengthening the international protection of asylum seekers, refugees, and returnees in the region;

 

            WELCOMING the adoption by 20 Latin American states, on November 16, 2004, in Mexico City, of the Mexico Declaration and Plan of Action to Strengthen the International Protection of Refugees in Latin America, whose Plan of Action puts forward specific measures for strengthening the protection of refugees and achieving lasting solutions in Latin America;

 

            WELCOMING ALSO the initiatives taken in accordance with that Plan of Action by Argentina and Brazil to establish a regional solidarity resettlement program; and

 

            RECOGNIZING the responsibility of states to provide international protection to refugees, as well as the need for international technical and financial cooperation to find durable solutions within the framework of a commitment to consolidate the rule of law in Latin American countries, universal respect for human rights, and the principles of international solidarity and responsibility-sharing,

 

RESOLVES:

 

            1.         To reaffirm its support for, and emphasize the relevance and fundamental importance of, the 1951 Convention Relating to the Status of Refugees and/or its 1967 Protocol, as the principal universal instruments for the protection of refugees; and to urge the member states that are parties thereto to continue to implement fully and effectively all of their obligations in that regard.

 

            2.         To urge those states parties that have not yet done so to consider, as the case may be, signing, ratifying, or acceding to the aforementioned instruments, in addition to promoting the adoption of procedures and institutional mechanisms for their effective application, in accordance with those instruments.

 

3.         To support the Mexico Declaration and Plan of Action to Strengthen the International Protection of Refugees in Latin America; and to continue implementing it fully and effectively, with support, as appropriate, from the international community and from the Office of the United Nations High Commissioner for Refugees (UNHCR).

 

            4.         To urge member states and the international community to support and collaborate in the establishment and consolidation of the Regional Solidarity Resettlement Program, proposed in the Mexico Plan of Action, which constitutes an innovative regional solution based on the principles of international solidarity, responsibility-sharing, and international cooperation.

 

            5.         To call on member states and the international community to increase technical and economic cooperation to the countries of the Hemisphere that receive refugees and that so require, and to work in cooperation with the UNHCR to provide effective protection to asylum seekers and refugees in the region.

 

            6.         To urge member states to continue to apply protection measures that are consistent with international principles of refugee protection, including, inter alia, non-refoulement, family unity, and confidentiality in cases of asylum.

 

            7.         To recognize the efforts and the progress that the countries of origin have been making; and to urge them, to the extent of their ability and with support from the UNHCR and the international community, to continue making efforts to deal with the circumstances that generate waves of persons seeking asylum.

 

            8.         To recognize the efforts and the progress that the countries of the region that receive refugees have been making in implementing protective mechanisms, in accordance with international refugee law and the international principles of refugee protection.

 

            9.         To underscore the importance of cooperation among the organs of the inter-American system and the UNHCR, in an effort to ensure that innovative regional approaches are taken regarding refugee issues in the Americas. 

 

AG/RES. 2233 (XXXVI-O/06)

 

STUDY OF THE RIGHTS AND THE CARE OF PERSONS UNDER
ANY FORM OF DETENTION OR IMPRISONMENT

 

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

 

THE GENERAL ASSEMBLY,

 

HAVING SEEN the chapter on this topic in the Annual Report of the Permanent Council to the General Assembly (AG/doc.4548/06 add. 6 corr. 1), as well as its resolutions AG/RES. 1897 (XXXII-O/02), AG/RES. 1927 (XXXIII-O/03), AG/RES. 2037 (XXXIV-O/04), and AG/RES. 2125 (XXXV-O/05);

 

TAKING INTO ACCOUNT:

 

That in the inter-American system the member states of the Organization of American States (OAS) undertake to respect and protect the human rights of persons who have been deprived of freedom, including all applicable rights established in the American Declaration of the Rights and Duties of Man and those established in all other human rights instruments to which they are party;

 

That consultations with the member states on this subject have continued within the Committee on Juridical and Political Affairs and that a number of them have replied to the questionnaire prepared for that purpose (CP/CAJP-1853/01 rev. 1);

 

The conclusions and recommendations of the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-V), contained in its Final Report (REMJA-V/doc.9/04), and, in particular, the recommendation that the states promote “modernization of prison infrastructure and extend the functions of rehabilitation and social integration of the individual, by improving conditions of detention and studying new penitentiary standards”;

 

The Conclusions and Recommendations of the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-VI), including those on a possible inter-American declaration on the rights, duties, and care of persons under any form of detention or imprisonment and those on the feasibility of preparing a hemispheric manual on penitentiary rights, taking as a basis the United Nations Standard Minimum Rules for the Treatment of Prisoners (REMJA-VI/doc.21/06 rev. 1, paragraphs 4.d and b); and

 

The recommendations of the First Meeting of Officials Responsible for Penitentiary and Prison Policies of the OAS Member States (GAPECA/doc.04/03), held in Washington, D.C., on October 16 and 17, 2003;

 

NOTING WITH SATISFACTION the presentation by the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the Inter-American Commission on Human Rights, regarding the activities that were carried out by the Rapporteurship (CP/CAJP/INF.25/06); and

 

OBSERVING WITH CONCERN the critical situation of violence and overcrowding in places of deprivation of freedom in the Americas, and stressing the need to take concrete measures to prevent this situation and to ensure the exercise of the human rights of persons deprived of freedom,

 

RESOLVES:

 

1.                   To urge member states to comply, under all circumstances, with all applicable international obligations to respect the human rights of persons under any form of detention or imprisonment, including the rights established in the American Declaration of the Rights and Duties of Man and those established in all other human rights instruments to which they are party.

 

2.                   To instruct the Permanent Council to continue studying the question of the rights and the care of persons under any form of detention or imprisonment, in cooperation with the competent organs and entities of the inter-American system and taking into account the conclusions and recommendations of the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, contained in the Final Report of that meeting (REMJA-VI/doc.24/06 rev. 1), including the report of the First Meeting of Officials Responsible for Penitentiary and Prison Policies of the OAS Member States (GAPECA/doc.04/03).

 

            3.         To request the Inter-American Commission on Human Rights (IACHR) to continue reporting on the situation of persons under any form of detention or imprisonment in the Hemisphere and, using as a basis its work on the subject, to proceed with the compilation of the regional and global standards for detention and imprisonment policies in the member states, making reference to any problems and good practices observed.

 

            4.         To congratulate and acknowledge those member states that have invited the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the Inter-American Commission on Human Rights to visit their countries, including their detention centers; and to encourage all member states to facilitate such visits.

 

            5.         To call upon member states to consider allocating more funds to the IACHR to enable it to support the effective fulfillment of the mandate assigned to its Special Rapporteurship on the Rights of Persons Deprived of Freedom in the Americas.

 

            6.         To reiterate to the Permanent Council that, on the basis of the results of the discussions and studies conducted, including the inputs of the IACHR, and the results of the Second Meeting of Officials Responsible for Penitentiary and Prison Policies, to be held pursuant to the REMJA-VI decision, it should consider the possibility of drafting an inter-American declaration on the rights and the care of persons under any form of detention or imprisonment, with a view to strengthening existing international standards on these topics, and the feasibility of preparing a hemispheric manual on penitentiary rights, taking as a basis the United Nations Standard Minimum Rules for the Treatment of Prisoners.[1]/

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. 2234 (XXXVI-O/06) 

AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES[2]/

 

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

 

THE GENERAL ASSEMBLY,

 

RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES. 1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00), AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), AG/RES. 1919 (XXXIII-O/03), AG/RES. 2029 (XXXIV-O/04), and AG/RES. 2073 (XXXV-O/05);

 

BEARING IN MIND that, as early as 1989, in its resolution AG/RES. 1022 (XIX-O/89), the General Assembly requested the Inter-American Commission on Human Rights (IACHR) “to prepare a juridical instrument relative to the rights of the Indian peoples,” and that, in 1999, by resolution AG/RES. 1610 (XXIX-O/99), the General Assembly established a Working Group of the Permanent Council to consider the “Proposed American Declaration on the Rights of Indigenous Peoples,” presented by the IACHR (CP/doc.2878/97 corr. 1);

 

CONSIDERING the commitments undertaken by the Heads of State and Government in the Declarations and Plans of Action of the most recent Summits of the Americas, held in Quebec City, Nuevo León, and Mar del Plata, in support of an early and successful conclusion of negotiations on the Draft American Declaration on the Rights of Indigenous Peoples;

 

CLOSELY OBSERVING the parallel process under way in the United Nations to draft a declaration on the rights of indigenous peoples;

 

ACKNOWLEDGING the important contributions received by the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples and the efficient work of the Selection Board in the selection process for representatives of the indigenous peoples to receive financing from the Specific Fund;

 

NOTING WITH SATISFACTION the holding of the sixth and seventh meetings of negotiations in the quest for points of consensus of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples, among representatives of the member states and representatives of the indigenous peoples, which made it possible to review Sections I through VI of the Chair’s Consolidated Text of the draft Declaration, while consideration of the preamble remained pending;

 

BEARING IN MIND that the Working Group has begun to review the new working document for the negotiations, according to the “Record of the Current Status of the Draft American Declaration on the Rights of Indigenous Peoples” (GT/DADIN/doc.260/06 rev. 1);

TAKING INTO CONSIDERATION the offer by the Government of Bolivia to host one of the upcoming meetings of negotiations in the quest for points of consensus of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples, to be held in La Paz in March 2007 (GT/DADIN/doc.264/06); and

 

HAVING SEEN the Report of the Chair of the Working Group on activities carried out during the 2005-2006 term (AG/doc.4548/06 add. 6 corr. 1, Appendix I),

 

RESOLVES:

 

1.                   To reaffirm that the adoption of the American Declaration on the Rights of Indigenous Peoples remains a priority for the Organization of American States (OAS), emphasizing the importance of full and effective participation by the indigenous peoples in preparing the Draft Declaration.

 

2.                   To congratulate the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples on having completed the review of Sections I through VI of the Chair’s Consolidated Text (GT/DADIN/doc.139/03); and to urge it to make every effort to reach consensus on the pending texts of the Draft Declaration.

 

3.                   To renew the mandate of the Working Group to continue holding its meetings of negotiations in the quest for points of consensus, so as to complete the drafting of the Declaration, on the basis of the “Record of the Current Status of the Draft American Declaration on the Rights of Indigenous Peoples” (GT/DADIN/doc.260/06 rev. 1), and emphasizing consideration of the proposals of member state delegations and indigenous peoples’ representatives recorded in documents GT/DADIN/doc.255/06 rev. 1 and GT/DADIN/doc.259/06.

 

4.            To request the Permanent Council to instruct the Working Group to:

 

a.            Hold up to three meetings of negotiations of up to five days each, between July 2006 and April 2007, at least one of which shall be held at OAS headquarters;

 

b.            Continue to take the appropriate measures to ensure continuing transparency of, and effective participation by representatives of indigenous peoples in, the negotiation meetings in the quest for points of consensus;

 

c.             Emphasize the need to reach compromise solutions that are attentive to the most pressing concerns of the indigenous peoples and to the needs of all member states, in the preparation of the Draft Declaration; and

 

d.            Before the next meeting of negotiations, adopt by consensus in the Working Group a methodology based on document GT/DADIN/doc.246/06 rev. 2, “Proposed Methodology for Promptly Concluding the Negotiations in the Quest for Points of Consensus of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples,” emphasizing consideration of the proposals of member states and indigenous peoples.

 

5.                   To thank the Governments of Brazil, Canada, Guatemala, Nicaragua, and the United States and the Government of Finland for their valuable contributions to the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples; and to invite the other member states, permanent observers, and institutions to promote the aims of the Specific Fund through their contributions.

 

6.                   To request the Secretary General to continue supporting the efforts of the Working Group and to make the necessary overtures to multilateral organizations, development banks and agencies, specialized multilateral agencies, and other funding sources to obtain the resources needed by the Specific Fund in order to fulfill its purpose.

 

7.                   To request the Selection Board of the Specific Fund to continue to work according to the principles established in resolution CP/RES. 873 (1459/04), “Amendments to the Specific Fund to Support the Elaboration of the American Declaration on the Rights of Indigenous Peoples,” so as to ensure greater transparency, and to provide more information in its report on the specific reasons for choosing each beneficiary.

 

8.                   To thank also the Governments of Guatemala and Brazil for the successful organization of the sixth and seventh meetings of negotiations in the quest for points of consensus of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples.

 

9.                   To thank the Government of Bolivia for its country’s offer to host one of the upcoming meetings of negotiations in the quest for points of consensus; and to instruct the Permanent Council to consider convening that meeting, in La Paz, Bolivia, in March 2007.

 

10.               To congratulate those governments that have held consultations with their indigenous peoples on the Draft Declaration; and to invite all member states to continue such consultations.

 

11.               To request the Inter-American Commission on Human Rights, its Special Rapporteurship on the Rights of Indigenous Peoples, and the General Secretariat of the Organization to continue to lend their valuable support to the process of drafting the American Declaration on the Rights of Indigenous Peoples; and to thank them for their ongoing contributions to that process.

 

12.               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. 2237 (XXXVI-O/06)

 

RIGHT TO FREEDOM OF THOUGHT AND EXPRESSION
AND THE IMPORTANCE OF THE MEDIA

 

(Approved 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);

 

TAKING INTO ACCOUNT resolution AG/RES. 2149 (XXXV-O/05), “Right to Freedom of Thought and Expression and the Importance of the Media”;

 

RECALLING that the right to freedom of thought and expression, which includes the freedom to seek, receive, and impart information and ideas of all kinds, is recognized in Article IV of the American Declaration of the Rights and Duties of Man, Article 13 of the American Convention on Human Rights, the Inter-American Democratic Charter (including Article 4), the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other international instruments and national constitutions, as well as United Nations General Assembly resolution 59 (I) and resolution 104 of the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO);

 

RECALLING ALSO that Article IV of the American Declaration of the Rights and Duties of Man states that “[e]very person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever”;

 

RECALLING FURTHER that Article 13 of the American Convention on Human Rights states that:

 

1.         Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice;

 

2.         The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:

 

a.                  respect for the rights or reputations of others; or

b.                  the protection of national security, public order, or public health or morals.

 

3.         The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.

 

4.         Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.

 

5.         Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law;

 

RECALLING AS WELL the relevant volumes of the Annual Reports of the Inter-American Commission on Human Rights for 2004 and 2005, on freedom of expression;

 

TAKING INTO ACCOUNT resolutions 2004/42 and 2005/38, “The Right to Freedom of Opinion and Expression,” of the United Nations Commission on Human Rights; and

 

RECALLING the usefulness of the studies and contributions approved by UNESCO regarding the contribution of the media to strengthening peace, tolerance, and international understanding, to the promotion of human rights, and to countering racism and incitement to war,

 

RESOLVES:

 

1.         To reaffirm the right to freedom of expression and to call upon member states to respect and ensure respect for this right, in accordance with the international human rights instruments to which they are party, such as the American Convention on Human Rights and the International Covenant on Civil and Political Rights, inter alia.

 

2.         To reaffirm that freedom of expression and dissemination of ideas are fundamental for the exercise of democracy.

 

3.         To urge member states to safeguard, within the framework of the international instruments to which they are party, respect for freedom of expression in the media, including radio and television, and, in particular, respect for the editorial independence and freedom of the media.

 

4.         To urge those member states that have not yet done so to consider signing and ratifying, ratifying, or acceding to, as the case may be, the American Convention on Human Rights.

 

5.         To reaffirm that the media are fundamental for democracy and for the promotion of pluralism, tolerance, and freedom of thought and expression, and to facilitate dialogue and debate, free and open to all segments of society, without discrimination of any kind.

 

6.         To urge member states to promote a pluralistic approach to information and multiple points of view by fostering full exercise of freedom of expression and thought, access to media, and diversity in the ownership of media outlets and sources of information, through, inter alia, transparent licensing systems and, as appropriate, effective regulations to prevent the undue concentration of media ownership.

 

7.         To urge member states to consider the importance of including, in their domestic legal systems, rules about the establishment of alternative or community media and safeguards to ensure that they are able to operate independently, so as to broaden the dissemination of information and opinions, thereby strengthening freedom of expression.

 

8.         To call upon member states to adopt all necessary measures to prevent violations of the right to freedom of thought and expression and to create the necessary conditions for that purpose, including ensuring that relevant national legislation complies with their international human rights obligations and is effectively implemented.

 

9.         To urge member states to review their procedures, practices, and legislation, as necessary, to ensure that any limitations on the right to freedom of opinion and expression are only such as are provided by law and are necessary for respect of the rights or reputations of others, or for the protection of national security or of public order (ordre public), or of public health or morals.

 

10.        To recognize the valuable contribution of information and communication technologies, such as the Internet, to the exercise of the right to freedom of expression and to the ability of persons to seek, receive, and impart information, as well the contributions they can make to the fight against racism, racial discrimination, xenophobia, and related and contemporary forms of intolerance, and to the prevention of human rights abuses.

 

11.        To request the Inter-American Commission on Human Rights once again to follow up on and deepen its study of the issues addressed in the relevant volumes of its 2004 and 2005 Annual Reports on freedom of expression, on the basis, inter alia, of the inputs on the subject that it receives from member states.

 

12.        To reiterate to the Permanent Council that, through its Committee on Juridical and Political Affairs, it is to hold a special two-day meeting to delve further into the existing international jurisprudence on the subject covered in Article 13 of the American Convention on Human Rights and include the following items on the agenda of that meeting:

 

i.                   Public demonstrations as exercise of the right to freedom of expression; and

ii.                  The subject of Article 11 of the American Convention on Human Rights.

 

Invitees to the aforementioned meeting will include members of the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights, including the Special Rapporteur on Freedom of Expression, and experts from the member states, all for the purpose of sharing their experiences with these issues.

 

13.        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. 2238 (XXXVI-O/06)

 

PROTECTING HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
WHILE COUNTERING TERRORISM

 

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

 

            THE GENERAL ASSEMBLY,

 

            RECALLING its resolutions AG/RES. 1840 (XXXII-O/02), AG/RES. 1906 (XXXII-O/02), AG/RES. 1931 (XXXIII-O/03), AG/RES. 2035 (XXXIV-O/04), and AG/RES. 2143 (XXXV-O/05), and the Report on Terrorism and Human Rights, prepared by the Inter-American Commission on Human Rights (IACHR) (OEA/Ser.L/V/II.116 - Doc.5 rev. 1);

 

            REAFFIRMING the principles and purposes of the Charter of the Organization of American States and the Charter of the United Nations;

 

            EMPHASIZING that all persons are born free and are entitled to the human rights and fundamental freedoms recognized in the Universal Declaration of Human Rights, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or other status, and that this applies in all circumstances, in accordance with international law;

 

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

 

            CONSIDERING that terrorism poses a serious threat to the security, the institutions, and the democratic values of states and to the well-being of our peoples and impairs the full enjoyment and exercise of human rights;

 

TAKING INTO ACCOUNT:

 

That, in the Declaration of San Carlos on Hemispheric Cooperation for Comprehensive Action to Fight Terrorism, adopted on March 24, 2006, the member states reaffirmed that terrorism in all its forms and manifestations, whatever its origin or motivation, has no justification whatsoever, affects the full enjoyment and exercise of human rights, and constitutes a grave threat to international peace and security, the institutions and values of democracy, and the stability and prosperity of the countries of the region;

 

            That, in the Declaration on Security in the Americas, the states of the Hemisphere renewed their commitment, reiterated in the Declaration of San Carlos, to fight terrorism and its financing, with full respect for the rule of law and international law, including international humanitarian law, international human rights law, and international refugee law; the Inter-American Convention against Terrorism; and United Nations Security Council resolution 1373 (2001); and

 

            That, in the Declaration of Mar del Plata of the Fourth Summit of the Americas and the Declaration of Nuevo León of the Special Summit of the Americas, the Heads of State and Government agreed to take all necessary steps to prevent and counter terrorism and its financing, in full compliance with their obligations under international law, including international human rights law, international refugee law, and international humanitarian law;

 

            WELCOMING the fact that the Inter-American Convention against Terrorism came into force on July 10, 2003; that Antigua and Barbuda, Canada, Chile, Dominica, El Salvador, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, and Venezuela became states parties to said Convention prior to 2005; and that Argentina, Brazil, Guatemala, Trinidad and Tobago, and the United States became states parties to the Convention in 2005 and 2006, which brings to 17 the number of countries that have ratified the Convention;

 

            CONSIDERING the report of the Meeting of Government Experts to Exchange, from a Human Rights Perspective, Best Practices and National Experiences in Adopting Antiterrorism Measures, held on February 12 and 13, 2004 (CP/CAJP-2140/04);

 

            HAVING RECEIVED the document entitled “Recommendations for the Protection of Human Rights by OAS Member States in the Fight against Terrorism” (CP/doc.4117/06), prepared by the Inter-American Commission on Human Rights;

 

REAFFIRMING that, in the fight against terrorism, any detained person presumed to be involved in a terrorist act will enjoy the rights and guarantees provided by applicable international law, in particular international human rights law and international humanitarian law;

 

            REAFFIRMING ALSO that the means the state can use to protect its security or that of its citizens in the fight against terrorism should, under all circumstances, be consistent with applicable international law, in particular international human rights law, international humanitarian law, and international refugee law; and

 

RECALLING that, under Article 27 of the American Convention on Human Rights and Article 4 of the International Covenant on Civil and Political Rights, it is recognized that some rights are non-derogable under any circumstances, and that, with respect to rights that may be subject to derogation, states may take measures derogating from their obligations under these Conventions to the extent and, with respect to the American Convention, for the period of time strictly required by the exigencies of the situation, provided that such measures are not inconsistent with the other rights and obligations prescribed under international law; and emphasizing that, in the inter-American system, the protection of non-derogable rights includes essential judicial guarantees for their protection,

 

RESOLVES:

 

            1.         To reaffirm that the fight against terrorism must be waged with full respect for the law, including compliance with due process and human rights comprised of civil, political, economic, social, and cultural rights, as well as for democratic institutions, so as to preserve the rule of law and democratic freedoms and values in the Hemisphere.

 

            2.         To reaffirm that all member states have a duty to ensure that all measures adopted to combat terrorism are in compliance with their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law.

 

            3.         To urge all member states, with a view to fulfilling the commitments undertaken in this resolution, to consider signing and ratifying, ratifying, or acceding to, as the case may be and as soon as possible, the Inter-American Convention against Terrorism and the American Convention on Human Rights; and to urge the states parties to take appropriate steps to implement the provisions of those treaties.

 

            4.         To request the Inter-American Commission on Human Rights (IACHR) to continue promoting respect for and the defense of human rights and facilitating efforts by member states to comply appropriately with their international human rights commitments when developing and executing counterterrorist measures, including the rights of persons who might be at a disadvantage, subject to discrimination, or at risk as a result of terrorist violence or counterterrorist initiatives, and to report to the Permanent Council on the advisability of conducting a follow-up study.

 

            5.         To request that the Permanent Council, having received the document entitled “Recommendations for the Protection of Human Rights by OAS Member States in the Fight against Terrorism” (CP/doc.4117/06), prepared by the IACHR, hold consultations with the Inter-American Committee against Terrorism (CICTE) and with member states, so as to conclude the process provided for in resolution AG/RES. 2143 (XXXV-O/05), operative paragraph 5, for preparing recommendations.

 

            6.         On the basis of the Recommendations for the Protection of Human Rights by OAS Member States in the Fight against Terrorism, prepared by the IACHR, and the outcome of the consultations with CICTE and the member states, the Permanent Council may consider preparing draft common terms of reference for the protection of human rights and fundamental freedoms in the fight against terrorism, that would compile current international standards based on applicable international law, as well as best practices, for consideration by the General Assembly.

 

            7.         To reiterate the importance of intensifying dialogue among the CICTE, the IACHR, and other pertinent areas of the Organization, with a view to improving and strengthening their ongoing collaboration on the issue of protecting human rights and fundamental freedoms while countering terrorism.

 

8.         To urge member states to respect, in accordance with their obligations, the human rights of all persons deprived of their liberty in high-security detention centers, particularly observance of due process.

 

            9.         To request the Permanent Council to present a 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. 2240 (XXXVI-O/06)

 

COMBATING THE COMMERCIAL SEXUAL EXPLOITATION AND SMUGGLING OF
AND TRAFFICKING IN CHILDREN IN THE HEMISPHERE

 

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

 

THE GENERAL ASSEMBLY,

 

CONSIDERING the importance of ensuring comprehensive and effective protection of children through appropriate mechanisms that guarantee respect for their rights;

 

            RECOGNIZING that commercial sexual exploitation today, including the circulation of child pornography through the Internet and other media, and the smuggling of and trafficking in children are of concern both regionally and worldwide, and that this problem jeopardizes the rights of children, enshrined in a number of international instruments;

 

            TAKING INTO ACCOUNT the American Declaration of the Rights and Duties of Man;

 

TAKING INTO ACCOUNT ALSO the American Convention on Human Rights, in particular the provisions related to children; and the United Nations Convention on the Rights of the Child, in which the states parties undertake, among other things, to protect the child from all forms of sexual exploitation and sexual abuse (Article 34);

 

TAKING INTO ACCOUNT FURTHER other international instruments relating to the fight against commercial sexual exploitation of children and against the smuggling of and trafficking in children in the Hemisphere, among them the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (adopted in 2000); the Convention on the Civil Aspects of International Child Abduction (adopted in 1980); the Inter-American Convention on International Traffic in Minors (adopted in 1994); the Inter-American Convention on the International Return of Children (adopted in 1989); the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime; and International Labour Organization Convention 182 on the Worst Forms of Child Labour;

 

            TAKING INTO ACCOUNT AS WELL the Conclusions and Recommendations of the Meeting of National Authorities on Trafficking in Persons, held on Isla Margarita, in the Bolivarian Republic of Venezuela, from March 14 to 17, 2006;

 

            BEARING IN MIND the efforts on the matter already under way in various organs, agencies, and entities of the Organization and in other forums, in particular the consideration of this matter by the Inter-American Juridical Committee (CJI) in 2000, which concluded that it was necessary to have as much information as possible before considering the need for an inter-American convention to fight sexual crimes against children beyond national borders; the coordination strategy which is being developed by the Department for the Prevention of Threats against Public Security in coordination with the Inter-American Commission of Women (CIM) on trafficking in women and children for purposes of sexual exploitation in the Americas; and the subregional workshops organized by the Inter-American Children’s Institute (IIN) on trafficking in children for purposes of sexual exploitation and child pornography; and

 

            RECOGNIZING that ensuring success in the fight against the commercial sexual exploitation of children and against the smuggling of and trafficking in children in the Hemisphere calls for a global approach in which all factors contributing to the problem, including poverty and social exclusion, may be addressed, and for measures to facilitate international cooperation, both legal and judicial, to ensure effective protection of the rights of children,

 

RESOLVES:

 

1.         To reaffirm 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 special importance with respect to protection of the rights of children.

 

2.         To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the international instruments relating to the fight against commercial sexual exploitation of children and against the smuggling of and trafficking in children in the Hemisphere, among them the Convention on the Rights of the Child (adopted in 1989); the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (adopted in 2000); the Convention on the Civil Aspects of International Child Abduction (adopted in 1980); the Inter-American Convention on International Traffic in Minors (adopted in 1994); and the Inter-American Convention on the International Return of Children (adopted in 1989); and to urge states parties to take the necessary measures to guarantee the rights contained in those instruments.

 

3.         To request that the Department for the Prevention of Threats against Public Security, in coordination with the Inter-American Commission of Women (CIM) and the Inter-American Children’s Institute (IIN), to continue working on this subject and on the draft on smuggling of and trafficking in women and children for purposes of sexual exploitation in the Americas.

 

4.              To acknowledge with appreciation the work of the IIN and the contributions by member states in connection with the preparation of the report on trafficking in persons presented to the Permanent Council in 2005.

 

5.         To request the Justice Studies Center of the Americas (JSCA) to present to the Permanent Council, through the Department for the Prevention of Threats against Public Security, before the thirty-seventh regular session of the General Assembly, in 2007, for its consideration, a report, to the extent that funding is available, on the present capacity of judicial systems in the member states to deal with the problems of commercial sexual exploitation of, smuggling of, and trafficking in, children in the Hemisphere and on their enforcement of domestic and international law.

 

6.         To instruct the Inter-American Commission on Human Rights (IACHR) to continue, in keeping with Advisory Opinion OC-17/2002, “Juridical Condition and Human Rights of the Child,” issued by the Inter-American Court of Human Rights on August 28, 2002, to support the progress made in this important area, with a view to preparing a study on the implications of the conclusions of that Advisory Opinion for the inter-American system for the protection and promotion of human rights.

 

7.         To request the CIM, the IIN, the JSCA, the IACHR and the Department for the Prevention of Threats against Public Security to cooperate in the preparation of these studies.

 

8.         To instruct the Permanent Council to consider, at a meeting during the 2006-2007 term, the documents presented by the CIM, the IIN, the JSCA, the Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA), and the IACHR and to recommend that future measures be taken in this regard, taking into account the results of the Meeting of National Authorities on Trafficking in Persons, in order to address the topic from a comprehensive and crosscutting perspective within the framework of the United Nations Convention against Transnational Organized Crime, and to invite relevant organizations and institutions working in these areas, such as the International Organization for Migration (IOM), the United Nations Children’s Fund (UNICEF), the Special Rapporteurship on the Rights of Children of the Inter-American Commission on Human Rights, and others, to participate in this meeting.

 

9.         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. 2248 (XXXVI-O/06)

 

MIGRANT POPULATIONS AND MIGRATION FLOWS IN THE AMERICAS

 

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

 

THE GENERAL ASSEMBLY;

 

RECALLING the important work of the Organization of American States (OAS) in promoting and protecting the human rights of migrant workers and their families pursuant to, inter alia, the following 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);

 

RECALLING ALSO the adoption, by resolution AG/RES. 2141 (XXXV-O/05), of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families;

 

CONSIDERING the importance of broadening discussion and analysis of human migration, regular and irregular, and migration flows in the Americas and their causes and impact on all member states of the OAS;

 

            RECOGNIZING that migration is also an integral reflection of the processes of integration and globalization, as well as a consequence of the erosion of traditional barriers to the mobilization of populations, such as the time it takes to travel and long distances;

 

            TAKING INTO ACCOUNT the social and economic significance of migrations in the countries of origin, transit, and reception of migrants; and

 

            TAKING INTO ACCOUNT ALSO that these migration flows will very likely increase as a result of various social, economic, and demographic factors, including subregional integration efforts,

 

RESOLVES:

 

1.         To instruct the Permanent Council to hold a special meeting in the second half of 2006 to consider, analyze, and discuss human migration flows, their impact on the member states, and their relation to the human rights of migrant workers and their families, with the participation of all stakeholders, including the Special Rapporteur on Migrant Workers and Their Families of the Inter-American Commission on Human Rights (IACHR).

 

2.         To request the Permanent Council to work towards establishing a special committee on migration issues as a specialized committee of the Permanent Council of the Organization of American States in order to analyze migration issues and flows from an integral perspective, taking into account the relevant provisions of international law, especially international human rights law.

 

3.         To urge member states to make voluntary contributions to support the activities of the Special Rapporteur on Migrant Workers and Their Families of the IACHR, and the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families.

 

4.         To request the Permanent Council to report to the General Assembly at its thirty-seventh regular session on the implementation of this resolution.
 

AG/RES. 2252 (XXXVI-O/06) 

ACCESS TO PUBLIC INFORMATION:  STRENGTHENING DEMOCRACY[3]/

 

(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), on the status of implementation of resolution AG/RES. 2121 (XXXV-O/05), “Access to Public Information:  Strengthening Democracy”;

 

           CONSIDERING that Article 13 of the American Convention on Human Rights provides that “[e]veryone has the right to freedom of thought and expression.  This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice”;

 

           CONSIDERING ALSO that Article 19 of the Universal Declaration of Human Rights includes the right “to seek, receive and impart information and ideas through any media and regardless of frontiers”;

 

           RECALLING that the Plan of Action of the Third Summit of the Americas, held in Quebec City in 2001, indicates that governments will ensure that national legislation is applied equitably to all, respecting freedom of expression and access to public information of all citizens;

 

           EMPHASIZING that Article 4 of the Inter-American Democratic Charter states that transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy;

 

           NOTING that, in the Declaration of Nuevo León, the Heads of State and Government affirmed that access to information held by the state, subject to constitutional and legal norms, including those on privacy and confidentiality, is an indispensable condition for citizen participation and promotes effective respect for human rights, and, in that connection, that they are committed to providing the legal and regulatory framework and the structures and conditions required to guarantee the right of access to public information;

 

           BEARING IN MIND the adoption of the “Declaration of Santiago on Democracy and Public Trust:  A New Commitment to Good Governance for the Americas” [AG/DEC. 31 (XXXIII-O/03)], as well as resolution AG/RES. 1960 (XXXIII-O/03), “Program for Democratic Governance in the Americas”;

 

           CONSIDERING that the Inter-American Agency for Cooperation and Development (IACD) has been identifying and facilitating access by member states to e-government practices that facilitate information and communication technology applications in governmental processes;

 

           CONSIDERING ALSO that the Office for the Promotion of Democracy (OPD) has been providing support to member states in dealing with the topic of access to public information;

 

           NOTING the work accomplished by the Inter-American Juridical Committee (CJI) on this issue, in particular the document “Right to Information:  Access to and Protection of Information and Personal Data in Electronic Format” (CJI/doc.25/00 rev. 1);

 

            RECOGNIZING that the goal of achieving an informed citizenry must be rendered compatible with other societal aims, such as safeguarding national security, public order, and protection of personal privacy, pursuant to laws passed to that effect;

 

            RECOGNIZING ALSO that democracy is strengthened through full respect for freedom of expression, access to public information, and the free dissemination of ideas, and that all sectors of society, including the media, through the public information they disseminate to citizens, may contribute to a climate of tolerance of all views, foster a culture of peace, and strengthen democratic governance;

 

            TAKING INTO ACCOUNT the important role civil society can play in promoting broad access to public information;

 

            TAKING NOTE of the Declaration of Principles on Freedom of Expression of the Inter-American Commission on Human Rights; and of the Joint Declaration by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE (Organization for Security and Co-operation in Europe) Representative on Freedom of the Media, and the Special Rapporteur on Freedom of Expression of the Inter-American Commission on Human Rights, adopted in 2005;

 

           TAKING NOTE ALSO of the reports of the Special Rapporteur on Freedom of Expression of the Inter-American Commission on Human Rights on the situation of access to information in the Hemisphere for 2003, 2004, and 2005;

 

           RECALLING initiatives taken by civil society regarding access to public information, in particular, the Declaration of Chapultepec, the Johannesburg Principles, the Lima Principles, and the Declaration of the SOCIUS Peru 2003:  Access to Information, as well as the Regional Forum on Access to Public Information:  Challenges to Freedom of Information in the Hemisphere, held in Lima, Peru, on January 20 and 21, 2004;

 

           RECALLING ALSO that the media, the private sector, and political parties can likewise play an important role in facilitating access by citizens to information held by the states; and

 

           TAKING INTO CONSIDERATION the report of the Chair of the Permanent Council on the implementation of resolution AG/RES. 2121 (XXXV-O/05), “Access to Public Information:  Strengthening Democracy,”

 

RESOLVES:

 

           1.         To reaffirm that everyone has the freedom to seek, receive, access, and impart information and that access to public information is a requisite for the very exercise of democracy.

 

           2.         To urge member states to respect and promote respect for everyone’s access to public information and to promote the adoption of any necessary legislative or other types of provisions to ensure its recognition and effective application.

 

           3.         To encourage member states, in keeping with the commitment made in the Declaration of Nuevo León and with due respect for constitutional and legal provisions, to prepare and/or adjust their respective legal and regulatory frameworks, as appropriate, so as to provide the citizenry with broad access to public information.

 

           4.         Also to encourage member states, when preparing and/or adjusting their respective legal and regulatory frameworks, as appropriate, to provide civil society with the opportunity to participate in that process; and to urge them, when drafting and/or adapting their national legislation, to take into account clear and transparent exception criteria.

 

           5.         To encourage member states to take the necessary measures, through their national legislation and other appropriate means, to facilitate access to such information through electronic or any other means that will allow ready access to public information.

 

           6.         To instruct the Special Rapporteurship on Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) and the Department for the Promotion of Good Governance:

 

a.         To support the efforts of member states that so request in drafting legislation and developing mechanisms in the area of access to public information and citizen participation; and

 

b.         To assist the Permanent Council in the work of the Committee on Juridical and Political Affairs (CAJP) mentioned in operative paragraph 13.a below.

 

           7.         To instruct the Department of International Legal Affairs:

 

a.         To prepare a study with recommendations on the subject of access to information and protection of personal data, on the basis of the inputs from the organs of the inter-American system and from civil society, as well as the preparatory work conducted during the special meeting of the CAJP on the subject; and

 

b.         To assist the Permanent Council in the work of the CAJP mentioned in operative paragraph 13.a below.

 

           8.         To request the Inter-American Juridical Committee to continue to carry out comparative law studies on the protection of personal data, and to update the study “Right to Information:  Access to and Protection of Information and Personal Data in Electronic Format,” of 2000, taking into account the diverse viewpoints on the subject, in connection with which it will draw up and distribute to the member states, with due support from the Secretariat, a new questionnaire on the topic.

 

           9.         To instruct the Special Rapporteur for Freedom of Expression to continue to include in the Annual Report of the IACHR a report on the situation regarding access to public information in the region.

 

           10.        To instruct the IACHR to conduct a study on how the state can guarantee all citizens the freedom to seek, receive, and impart public information on the basis of the principle of freedom of expression.

 

           11.        To instruct the Inter-American Agency for Cooperation and Development (IACD) to identify new resources to support member states’ efforts to facilitate access to public information.

 

           12.        To take note of the report of the special meeting of the CAJP, with the participation of experts from the states and civil society representatives, to promote, impart, and exchange experiences and knowledge with respect to access to public information and its relationship with citizen participation, held on April 28, 2006 (CP/CAJP-2320/05 add. 2).

 

           13.        To recommend to the Permanent Council that it:

 

a.         Request the CAJP to prepare a basic document on best practices and the development of common approaches or guidelines for increasing access to public information, on the basis of the report of the aforementioned special meeting and taking into account the report of the Chair of the Permanent Council on the implementation of resolution AG/RES. 2121 (XXXV-O/05), as well as inputs from the member state delegations, the Special Rapporteurship on Freedom of Expression of the IACHR, the Inter-American Juridical Committee, the Department of International Legal Affairs, and the interested organs, agencies, and entities of the Organization, as well as from civil society representatives; and

 

b.         Request the General Secretariat to promote seminars, workshops, or other events designed to promote access to public information by citizens and government administrations.

 

           14.       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.


 

[1]. The United States does not join consensus on paragraph 6 of this resolution. The Hemisphere’s Ministers of Justice and Attorney Generals, meeting in the Dominican Republic, have asked another meeting, the Second Meeting of Officials Responsible for Penitentiary and Prison Policies, to look into the same matter that this paragraph asks the Permanent Council to look into.  The United States believes that this resolution’s request to the Permanent Council is inappropriate, as a duplicative mandate.

[2]. The United States understands that this will be a declaration with moral and political force and participates in the important work of this Working Group on the basis of this understanding.  Canada shares this understanding.

1. The Bolivarian Republic of Venezuela reaffirms the statement made in the footnote to resolution AG/RES. 2121 (XXXV-O/05), to the effect that the IACHR should include in the study entrusted to it under operative paragraph 9 of said resolution, taking into account the right of all citizens to seek, receive, and impart information, how the state may guarantee that right to populations that are socially and economically excluded, in the framework of the principles of transparency of information, when that information is disseminated via the media, and on the basis of the right to equality of all individuals under the law.

Along those lines, we underscore the important conclusions and reflections of the Special Meeting on the right to public information, held on April 28, 2006, within the framework of the OAS, in which it was recognized that the media were responsible for ensuring that citizens receive, without distortions of any type, information provided by the state.
 

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