This chapter takes up the activities conducted by the Inter-American Commission on Human Rights in 1998. It also discusses several of the tasks carried out in early 1999 which, because of their importance, the IACHR believes should be made known to the General Assembly.

1.    IACHR SESSIONS IN 1998

During the period covered by this report, the Commission met on four occasions: its 98^th regular session, from February 17 to March 6, 1998; its 99^th special session, between May 5 and 8, 1998; its 100^th regular session, from September 24 to October 13, 1998, and its 101^st special session on December 8 and 9, 1998.

A.    98^th Regular Session

During this session, on February 17, the IACHR unanimously elected its new officers. The Venezuelan jurist Carlos Ayala Corao was designated Chairman of the Commission, and the American and Haitian jurists, Robert K. Goldman and Jean Joseph Exume, were elected First and Second Vice Chairmen, respectively.

During this session the Commission considered and approved the Annual Report for 1997, which the IACHR presented to the OAS General Assembly during its twenty-eighth regular session, held in Caracas, Venezuela, in June 1998.

During this period the Commission took up numerous individual petitions on human rights violations alleging the international responsibility of OAS member states. The IACHR also rendered decisions on 39 cases, and held 50 hearings to examine general human rights situations, review individual cases being processed, and to follow up on recommendations made by the IACHR in its reports. Important friendly settlement agreements were reached at a number of these hearings. In addition, the IACHR analyzed various requests for precautionary measures to avert irreparable damage to the persons concerned.

Also during this session, the IACHR considered and approved the report of the Special Rapporteur on the Rights of Women, Commission member Claudio Grossman. The report analyzes the legislation and practices implemented by the states in order to comply with their obligations and respect the rights of women in the terms set forth in the American Convention and the American Declaration on the Rights and Duties of Man. This report concludes with recommendations from the Commission to member states to the effect that they should immediately adopt the necessary measures, in accordance with their international obligations, to fulfill their commitments to eradicate norms and practices that are discriminatory towards women, "so that by the year 2000 at the latest such inequality will be eliminated and the full capacity of women will be recognized. Central among these recommendations were those addressed to the member states to initiate immediate action to identify and reform legislation and practices that have the purpose or effect of discriminating on gender grounds. Legal remedies under domestic legislation should also be evaluated, in order to develop and strengthen their availability and effectiveness. The Commission further decided to create a working group to promote and protect the rights of women, and established a voluntary fund for women’s rights, which is open to contributions from the member states, observers, multilateral organizations, cooperation agencies, foundations, and private entities.

The Commission also examined the progress of the Rapporteur for the issue of "rights of migrant workers and their families," Commission member Alvaro Tirado Mejía, and approved two questionnaires on that subject. One of the questionnaires was sent to the OAS member states and another to nongovernmental and intergovernmental organizations. To strengthen its activities in this area, the Commission also decided to establish a Voluntary Fund.

The Commission considered the status of the Proposed American Declaration on the Rights of Indigenous Peoples approved by the IACHR in 1997, and currently under consideration by the political bodies of the OAS and of the member states.

At the request of the General Assembly, the Commission prepared and approved the Inter-American Program of Promotion of Human Rights, and decided to refer it to the OAS Permanent Council for consideration. This program seeks to give impulse to and coordinate activities already under execution or to be carried out with the cooperation of inter-American organizations, national government institutions, and civil society. The three main areas of the program are respectively designed to disseminate information about the system of laws, mechanisms, and jurisprudence of the inter-American System of human rights; to strengthen national human rights institutions; and to introduce teaching of human rights in education systems.

The Commission considered the results of its on-site visit to Colombia on December 1 to 8, 1997, to observe the human rights situation in that country.

On March 5 and 6, 1998, the Commission took part in the Conference of the Americas, an event organized by the OAS for the celebration of the 50^th Anniversary of the Organization.

The IACHR unanimously agreed during this session to recommend to the Secretary General of the OAS the Colombian jurist Hernando Valencia-Villa for the position of Assistant Executive Secretary of the IACHR, which had fallen vacant. This appointment was approved by the Secretary General on March 10, 1998 and became effective as of June 1.

B.    99^th special session

The Commission held its 99^th special session in Caracas, Venezuela, at the invitation of the Illustrious Government of that country, in commemoration of the 50^th Anniversary of the Organization of American States and of the American Declaration on the Rights and Duties of Man. The Commission adopted decisions on more than ten cases during this session. The IACHR met with Dr. Rafael Caldera, President of the Republic of Venezuela, as well as with other Venezuelan administrative, legislative, and judicial officials. Meetings were also held with representatives of nongovernmental organizations and civil society.

On May 6, the Commission was received by the Congress of the Republic, meeting in joint session, on which occasion the Chairman of the IACHR delivered the keynote address commemorating the 50^th anniversary of the OAS Charter and of the American Declaration of the Rights and Duties of Man. On May 7, the Commission was received by the Supreme Court of Justice, in plenary session. During the afternoon a seminar was held at the seat of the court. On May 8, the Commission completed its visit with the holding of a forum on the Inter-American system of human rights at the Ateneo de Caracas.

C.    100^th regular session

During its 100^th regular session, the IACHR approved and published the "Report on the Situation of Human Rights in Mexico", based on information and documents received before, during, and after the on-site visit that it conducted in that country in July 1996 at the invitation of the Mexican Government.1

During this session the IACHR also studied a large number of individual petitions on human rights violations and adopted a total of 36 reports on the merits. By the same token, the Commission held 60 hearings to examine the situation of human rights in various member states of the Organization and to consider individual cases being processed. At these hearings, the Commission listened to representatives of States, victims of alleged violations, and their representatives. Important friendly settlement agreements were also reached. The IACHR held several hearings to follow up on the recommendations adopted in its reports on individual cases.

Furthermore, during this session the Commission provisionally approved the "Third Report on the Situation of Human Rights in Colombia."2

During this session the IACHR decided to appoint a Rapporteur for the Rights of Children in the Americas, in order to study and promote activities for evaluating their situation and to propose effective measures for member states to take. Commission member Helio Bicudo was named Rapporteur for this issue.

D.    101^st special session

During its 101^st special session, the IACHR staged an act in commemoration of the 50^th Anniversary of the American Declaration of the Rights and Duties of Man and of the Universal Declaration on Human Rights, which it had the honor to share with Mrs. Mary Robinson, United Nations High Commissioner for Human Rights.

The IACHR continued its examination of individual petitions on human rights violations and adopted five reports.

 In exercise of its functions, the IACHR also decided to issue two recommendations on matters that specifically concern the OAS member states: access to government archives and documents and the universal jurisdiction of the International Criminal Court. Transcriptions of these two recommendations are contained in chapter VI of this report.

E.    Telephone conferences

On November 3, 1998, the Commission held a telephone conference to debate whether or not to approve cases involving application of the death penalty in Caribbean countries. On that occasion, the Commission discussed aspects relating to the fourth instance formula and the deprivation of the right to life in cases 11.643 - Trevor Fisher - and 11.696 - Richard Woods, both from the Bahamas.

Another telephone conference was held on December 17, 1998, in which the Commission analyzed the presentation made by the Attorney General of Jamaica to the Permanent Council of the OAS. The Commission also approved the reports on the inadmissibility of cases 11.827 - Peter Blaine - and 11.825 - Neville Lewis, both from Jamaica, and agreed to refer case 11.803 - Juan Olmedo Bustos et al. versus the Republic of Chile - to be heard by the Inter-American Court of Human Rights.

The next telephone conference took place on January 27, 1999. On that occasion it was decided to accept the invitation of the Venezuelan Minister of Foreign Affairs to attend the presidential inauguration ceremony in that country, the IACHR Chairman, Dr. Carlos Ayala Corao, being delegated to represent the Commission. The IACHR also decided to publish Report 1/99 on case 10.480 - Lucio Parada Cea et al. (El Salvador). In addition, approval was given for the Chairman and the Executive Secretary of the Commission to travel to Scandinavian countries in order to discuss funding for activities. As for business before the Court, the Commission informed of the referral of the case of Juan Olmedo Bustos on January 15, 1999, pursuant to the decision it adopted thereon. The Commission also discussed the possibility of referring other cases to the Inter-American Court of Human Rights.

2.    SPECIAL AND ON-SITE VISITS CONDUCTED BY THE IACHR

In exercise of its functions, the Inter-American Commission on Human Rights conducted three on-site visits in 1998: two of a general nature (Guatemala and Peru); and one of a specific nature (California). The IACHR also conducted special visits to various states in the hemisphere to carry out activities of promotion and protection of human rights.

A.    Visit to California

At the invitation of the Government of the United States, the IACHR conducted an on-site visit to the state of California on July 6 to 9, with the aim of observing immigration and asylum processes in the region. Information was also gathered for the report on migrant workers and their families currently in process of preparation. Accordingly, the IACHR held meetings with government entities, nongovernmental organizations, and civil society representatives. The IACHR also visited ports of entry and detention centers, as well as interviewing detainees.

The Commission delegation was composed of its Chairman, Carlos Ayala Corao, and Commission members Jean Joseph Exumé and Álvaro Tirado Mejía. The Commission received technical support from its Executive Secretary, Jorge Taiana, Assistant Executive Secretary, David Padilla, and attorneys Relinda Eddie and Pablo Saavedra. Miss Tania Hernández provided administrative support.

B.    Visit to Guatemala

At the invitation of the Government of Guatemala, the Commission conducted an on-site visit to that country on from August 6 to 11, 1998, in order to analyze the general situation of human rights there.

The Commision delegation was composed of its Chairman, Carlos Ayala Corao, and Commission members Claudio Grossman and Hélio Bicudo. The Commission received technical support from its Executive Secretary Jorge Taiana, Assistant Executive Secretary David Padilla, and attorneys Elizabeth Abi-Mershed, Osvaldo Kreimer, and Verónica Gómez. Ms. Martha Keller and Ms. Ana Cecilia Adriazola provided administrative support.

The IACHR held a meeting with the President of the Republic, Alvaro Arzú Irigoyen. The Commission also held meetings with other senior Guatemalan government, legislative, and judicial officials, as well as with nongovernmental human rights organizations, social and business organizations, representatives of indigenous communities, journalists, alleged victims of human rights violations, the Commission for Historical Clarification, the United Nations Verification Mission in Guatemala, and international organizations with offices in Guatemala. A number of detention centers were visited. The Commission visited Nebaj and Quetzaltenanto, where it met with local officials and representatives of indigenous communities. The IACHR is currently preparing a report on its visit to Guatemala.

C.    Visit to Peru

At the invitation of the Government of Peru, the Commission conducted an on-site visit to that country on November 9 to 13, 1998, to observe the human rights situation.

The Commission’s delegation was composed of its Chairman, Carlos Ayala Corao, and Commission members Robert K. Goldman, Jean Joseph Exumé, Claudio Grossman, Hélio Bicudo, and Álvaro Tirado Mejía. Santiago Cantón took part in his capacity as Rapporteur for Freedom of Expression. The Commission received support from its Executive Secretary Jorge Taiana, Assistant Executive Secretary David Padilla, and attorneys Christina Cerna and Ignacio Alvarez. Administrative support was provided by Ms. Nora E. Anderson, Ms. Olga Franco, and Ms. Ana Cecilia Adriazola.

During its visit, the IACHR met with the President of the Republic, Mr. Alberto Fujimori. The IACHR also met with senior government, legislative, and judiciary officials. The IACHR held a number of meetings with nongovernmental organizations and civil society representatives.

During the visit, the IACHR pursued its work program in Lima, Ayacucho, Tacna, Puno, and Arequipa. Visits were conducted to the penitentiaries of Ayacucho, Yanamayo, Challapalca, Castro Castro, and the "Simón Bolivar" General Headquarters. The IACHR is currently preparing a report on its visit to Peru.

D.    Special Visits

Visit to the Republic of Paraguay. In July 1998, Commission member Robert K. Goldman and Executive Secretary Jorge Taiana visited Paraguay to attend the signing of a friendly settlement agreement in the case of the Enxet indigenous communities (case 11.713), formalizing the transfer of lands to that community.

Visit to the Republic of Argentina. In August 1998, Commission member Robert K. Goldman, IACHR Executive Secretary Jorge Taiana, and attorney Raquel Poitevien visited Argentina to hold interviews and discussion with senior officials and with representatives of petitioners in various cases being processed by the Commission or in the process of friendly settlement. They also took part in important human rights promotion activities and meetings with civil society representatives.

Visit to the Republic of Mexico. In December 1998, the Chairman of the Commission, Carlos Ayala Corao, in his capacity as rapporteur on that country, together with the attorney of the Executive Secretariat, Mario López, visited Mexico to meet with government, legislative, and judiciary officials, and with representatives of civil society and the media, with a view to undertaking activities to promote human rights and to disseminate the report prepared by the IACHR on the "Situation of Human Rights in Mexico". Meetings were also held with government spokespersons and individual petitioners in order to analyze cases in process of friendly settlement.

3.    COMMISSION ACTIVITIES IN CONNECTION WITH THE INTER-AMERICAN COURT
        OF HUMAN RIGHTS

The Commission has carried out various activities in connection with contentious cases and proceedings involving provisional measures being processed by the Inter-American Court of Human Rights. The Commission also participated in proceedings relating to the request for Advisory Opinion OC-16 made by the United Mexican States. The Commission attended the sessions convened by the Court concerning matters relating to cases pending before the Court.

In 1998, the IACHR submitted the following cases to the Court: 11.730 (Gustavo Cesti Hurtado) versus the State of Peru; 11.325 (Baena et al.) versus the State of Panama; 11.577 (Awas Tingui Indigenous Community of Mayagna) versus the State of Nicaragua, and 11.237 (Las Palmeras) versus the State of Colombia. On January 15, 1999, the Commission presented case Nº 11.803 (Juan Pablo Olmedo et al.) versus the State of Chile.

On October 12, the Commission and the Inter-American Court of Human Rights held a joint meeting at the Commission’s headquarters to discuss issues of common interest pertaining to the better functioning of the organs of protection of the inter-American system of human rights.

4.    SUMMIT OF THE AMERICAS

At the invitation of the Government of Chile, the Commission participated in the Second Summit of Heads of State and Government of the Americas, held in April 1998 in Santiago.

The Commission was present at the main Summit proceedings through its Chairman, Dr. Carlos Ayala, the Executive Secretary, Ambassador Jorge E. Taiana, and Commission member Claudio Grossman, and its importance denoted by the key topics relating to human rights in the Americas, which were presented by the IACHR at the request of the Summit coordinators and taken up and referred to in the final documents: the Declaration of Santiago and the Plan of Action. The topics addressed were impunity of offences relating to human rights and administration of justice; prolonged preventive custody without trial; prison conditions; women’s rights; the rights of children; freedom of expression; protection for human rights activists; rights of indigenous peoples; and rights of migrant workers, refugees, and displaced persons.

5.    SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION

The decision to appoint a Special Rapporteur for Freedom of Expression was aimed at strengthening the capacity of the IACHR’s to promote and protect full observance of this important right in the Americas, and thus help to ensure its effective exercise. To carry out this task, the IACHR decided to appoint a Special Rapporteur to work on a full-time basis, under the framework of the IACHR Executive Secretariat at the Commission headquarters. The Rapporteur is responsible for drafting reports and carrying out the promotion activities specified in his or her mandate, with a view to their submission for consideration by the IACHR.

During its 100^th regular session, after considering the candidacies of several highly-qualified specialists, the IACHR unanimously elected the Argentinean attorney Santiago Canton as Special Rapporteur for Freedom of Expression. Mr. Canton took up his duties in November 1998. The Rapporteur will be responsible, inter alia, for preparing an annual report on the situation of freedom of expression in the Americas, for consideration and approval by the Commission. During the on-site visit to Peru, the IACHR was accompanied by the Special Rapporteur for Freedom of Expression, who met with various international organizations, civil society entities, and journalists. The Special Rapporteur has also held interviews and work meetings, inter alia, with representatives of international organizations, nongovernmental organizations, civil society representatives, and journalists.

6.    OTHER ACTIVITIES

In accordance with the provisions contained in the Commission Statute and Regulations, the Chairman of the Commission, Carlos Ayala Corao, moved to Washington in order to perform his duties as Chairman on a full-time basis at the Commission Headquarters for more than half of his tenure.

In Geneva, in September 1998, the Chairman of the Inter-American Commission on Human Rights, Carlos Ayala Corao took part in the meeting of Presidents of international bodies created by human rights treaties. At that meeting he had the opportunity to observe and share experience of mechanisms for promotion and protection of human rights.

Pursuant to its powers, the Commission is working on amendments to its Regulations designed to modernize its procedural formalities. In order to learn of any ideas that interested parties (states and petitioners) of the inter-American system of human rights might have on this reform process, they were requested to convey their suggestions and notions in this regard.

The Commission continued in 1998 with its "Romulo Gallegos Fellowship" training program. The program provides training in the inter-American system for the protection and promotion of human rights for young attorneys from countries in the hemisphere. On this occasion, attorneys from Argentina, Costa Rica, Nicaragua, and Venezuela, as well as an indigenous attorney, who was supported financially by the Inter-American Fund for Indigenous Development, worked for ten months at the IACHR Executive Secretariat.

The IACHR participated in the Moot Court on the inter-American system of human rights organized by the Washington College of Law of the American University,.

In cooperation with George Washington University, the IACHR organized a seminar on human rights to provide training for Argentinean judges and prosecutors. The seminar was held in Washington in December 1998.

In early 1998, the IACHR put the finishing touches to its Internet web site (www.cidh.oas.org) where IACHR annual reports, country reports, and other publications may be consulted. The site also provides access to inter-American conventions and declarations on protection of human rights.

On October 9, 1998 the Chairman of the Commission, Dr. Carlos Ayala Corao, gave a presentation to the Committee on Juridical and Political Affairs of the Permanent Council of the OAS, in his capacity as Special Rapporteur of the IACHR on the Rights of Indigenous Peoples.

On October 12, 1998, the Chairman of the Commission, Dr. Carlos Ayala Corao traveled to Spain to take part in a panel on "Consolidation of Democracy and Human Rights" at the Casa de América, Madrid, in the framework of the Seminar on the 50^th Anniversary of the OAS and its future outlook, held with the sponsorship of the Spanish Government. The Chairman of the Commission also gave a conference on the inter-American system of human rights at the "Fray Bartolomé de las Casas" Center for Human Rights at Carlos III University in Madrid. During his trip he also had a meeting with the Minister of Cooperation and the Director of the Spanish Cooperation Agency, in order to present proposals for cooperation programs and funding of IACHR activities.

The Chairman of the Commission, Dr. Carlos Ayala Corao, traveled to Mexico on November 24 and 25, 1998, in response to an invitation to participate in the "International Seminar on similarities and differences between the systems for regional protection of human rights." That event was organized by the National Commission on Human Rights and the French Embassy to commemorate the 50^th anniversary of the first international instruments on human rights.

In a short formal ceremony on December 16, 1998, Mexico deposited its instrument of ratification with the General Secretariat of the OAS accepting the jurisdiction of the Inter-American Court. The Chairman of the IACHR, Dr. Carlos Ayala Corao was invited to participate in the above act, which was also attended by the Secretary for Foreign Affairs of Mexico, Ambassador Rosario Green; the OAS Secretary General, Dr. César Gaviria; the permanent representatives of several OAS member states; and representatives of nongovernmental organizations.

From February 10 to 12, 1999, the Chairman of the Commission, Dr. Carlos Ayala Corao, in his capacity as Rapporteur on the Rights of Indigenous Peoples, presided over the Commission delegation at the Meeting of Government Experts on the Proposed American Declaration on the Rights of Indigenous Peoples. In an act without precedent, indigenous groups from various countries in the hemisphere participated in that meeting alongside official delegations.

On February 16, 1999, the Chairman of the Commission, Dr. Carlos Ayala Corao delivered the opening remarks at the "Second Working Meeting of the OAS and the World Bank on mutual cooperation on cultural heritage." On that occasion, he gave a presentation of the work of the Commission in his dual capacity as Commission Chairman and Rapporteur on the Rights of Indigenous Peoples.

The Admissibility Committee created by the IACHR met for the first time at the Commission Headquarters on February 19, 1999. This Committee meeting was presided over by the Commission Chairman, Dr. Carlos Ayala Corao and attended by First Vice Chairman, Robert K. Goldman and Dean Claudio Grossman. The report on that meeting was submitted for the information of and separate approval by the Commission at its 102^nd Regular Session. The creation of this committee constitutes a creative way of dealing with the Commission’s caseload.

In 1998 Commission member Robert K. Goldman gave several conferences on the inter-American system of human rights in the cities of Tucumán and La Plata, Argentina.

In December 1998 Commission member Hélio Bicudo participated in representation of the Commission at the 50^th Anniversary of the Signing of the Universal Declaration on Human Rights, an event organized by the United Nations in Paris, France.

Commission members and staff of the IACHR Executive Secretariat took part in several activities for the promotion of human rights, such as training workshops, meetings and seminars.

TWENTY-EIGHTH REGULAR SESSION OF THE
OAS GENERAL ASSEMBLY

During the twenty-eighth regular session of the General Assembly, which took place in the Republic of Venezuela, the Commission was represented by its Chairman, Dr. Carlos Ayala Corao. Also attending were Commission members Robert K. Goldman and Jean Joseph Exumé, as well as the Executive Secretary of the Commission, Jorge E. Taiana.

The Chairman of the Commission presented the IACHR 1997 Annual Report to the General Assembly, together with reports on the Situation of Human Rights in Ecuador and Brazil, and its "Report on the Events at Amayapampa, Llallagua and Casapira, in North of the Department of Potosí, Bolivia, in December 1996."

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

AG/RES. 1547 (XXVIII-O/98)

INTERNATIONAL PROMOTION OF HUMAN RIGHTS
IN THE INTER-AMERICAN SYSTEM

(Resolution adopted at the third plenary session,
held on June 2, 1998)

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on the international promotion of human rights in the inter-American system (AG/doc.3718/98), presented pursuant to resolution AG/RES. 1489 (XXVII-O/97);

BEARING IN MIND that the member states of the Organization of American States have proclaimed in the Charter of the Organization, as one of its principles, respect for the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;

RECALLING that Article 106 of the OAS Charter provides that the "principal function" of the Inter-American Commission on Human Rights (IACHR) "shall be to promote the observance and protection of human rights and to serve as a consultative organ of the Organization in these matters";

CONSIDERING:

That, in the present context of the Hemisphere, where representative democracy is the norm, the international promotion of human rights is of vital importance and should be vigorously pursued in the inter-American system;

That the Heads of State and Government who participated in the Second Summit of the Americas, held in Santiago, Chile, in April 1998, affirmed, in the Santiago Declaration, that "respect for and promotion of human rights and the fundamental freedoms of all individuals is a primary concern of our governments"; and

That, in the Plan of Action of the aforementioned Summit of the Americas, the Heads of State and Government agreed to "strengthen the inter-American human rights system through concrete initiatives and measures which aim to reinforce its institutional structure and promote its links with national systems and regional entities that promote and protect human rights";

NOTING that the General Assembly, in its resolution AG/RES. 1489 (XXVII-O/97), "International Promotion of Human Rights in the Inter-American System," requested the IACHR to prepare, without reducing its protection activities and in collaboration and/or consultation with other pertinent organs and entities, a draft Inter-American Program for the International Promotion of Human Rights; and

TAKING INTO ACCOUNT that, in compliance with resolution AG/RES. 1489 (XXVII-O/97), the IACHR presented the draft "Inter-American Program for the International Promotion of Human Rights" in Chapter IV of its annual report,

RESOLVES:

1. To thank the Inter-American Commission on Human Rights (IACHR) for preparing the draft Inter-American Program for the International Promotion of Human Rights.

2. To instruct the Permanent Council to begin its consideration of the draft program presented by the IACHR, taking into account the conclusions of the special meeting of the Committee on Juridical and Political Affairs on the international promotion of human rights in the inter-American system, contained in resolution AG/RES. 1489 (XXVII-O/97), and the contributions of the competent organs, agencies, and entities of the system, and to adopt those new actions and initiatives contained in the draft that it deems appropriate, until the program is adopted by the General Assembly at its twenty-ninth regular session.

3. To instruct the General Secretariat, once the Permanent Council has considered the draft program, and in consultation with the member states, to support the efforts of the competent organs, agencies, and entities of the inter-American system, particularly the IACHR, to carry out the actions and initiatives cited in the preceding paragraph, without reducing its protection activities, and within resources allocated in the program-budget to be adopted by the General Assembly at the special session its holds after its twenty-eighth regular session, in addition to other resources.

4. To instruct the Permanent Council to follow up on the actions and measures adopted pursuant to paragraph 2, and to request that it report to the General Assembly in due course.

AG/RES. 1548 (XXVIII-O/98)

THE HUMAN RIGHTS OF ALL MIGRANT
WORKERS AND THEIR FAMILIES

(Resolution adopted at the third plenary session,
held on June 2, 1998)

THE GENERAL ASSEMBLY,

HAVING SEEN:

The annual report of the Permanent Council on the human rights of all migrant workers and their families (AG/doc. 3718/98); and

The annual report of the Inter-American Commission on Human Rights (IACHR) (CP/doc.3036/98), which, in Chapter VI, entitled "Special Studies," contains a "progress report on the situation of migrant workers and their families" that lists measures adopted by the Commission, particularly with respect to preparation of a questionnaire on the subject;

CONSIDERING:

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 enshrined in that declaration, without distinction as to race, sex, language, creed, or any other factor;

That the American Convention on Human Rights recognizes that the essential human rights are not derived from one’s being a national of a particular state but are based upon attributes of the human person, for which reason they merit international protection;

That all states parties to the International Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; and the Convention on the Rights of the Child must guarantee the rights recognized in those legal instruments to all individuals present within their territories and subject to their jurisdictions;

That all states parties to the International Covenant on Economic, Social and Cultural Rights should pledge to guarantee the exercise of the rights set forth therein, without discrimination of any kind, particularly with regard to national origin;

That in the Declaration of Santiago the Heads of State and Government participating in the Second Summit of the Americas reaffirmed that "respect for and promotion of human rights and the fundamental freedoms of all individuals is a primary concern of our governments," and that, for that reason, they decided to "make a special effort to guarantee the human rights of all migrants, including migrant workers and their families";

That in the Plan of Action of the Second Summit of the Americas the Heads of State and Government agreed to adopt "effective measures, including the strengthening of public awareness, to prevent and eradicate violations of human rights and eliminate all forms of discrimination against them, particularly racial discrimination, xenophobia, and related intolerance";

That in that Plan of Action they decided to "seek full respect for, and compliance with, the 1963 Vienna Convention on Consular Relations, especially as it relates to the right of nationals, regardless of their immigration status, to communicate with a consular officer of their own State in case of detention"; and

That the sovereign right of each state to formulate and apply its migration laws in the way that best meets its national interests, always in keeping with the principles and rules of international law and in a spirit of cooperation;

TAKING INTO ACCOUNT the statements made on the rights of migrant workers and their families in the context of the Inter-American Council for Integral Development (CIDI) and, in particular, the references to this especially vulnerable population group in the Strategic Plan for Partnership for Development 1997-2001 and the Inter-American Program to Combat Poverty and Discrimination;

TAKING INTO ACCOUNT ALSO that many migrant workers and their families are compelled to leave their homes in search of better opportunities and to escape the poverty that the member states are committed to eradicating, as noted in the Inter-American Program to Combat Poverty and Discrimination;

BEARING IN MIND the vulnerable situation in which migrant workers and their families often find themselves, in part because they do not live in their states of origin; because of difficulties owing to differences of language, customs, and culture; and because their circumstances often lead to the breakdown of the family; and

CONVINCED that it is necessary to intensify efforts to improve the situation of all migrant workers and their families and guarantee their rights and their dignity,

RESOLVES:

1. To reaffirm that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights apply to all persons, including migrant workers and their families.

2. To urge the states to observe the applicable international human rights instruments and, in keeping with the legal system of each country, to guarantee the human rights of all migrants, including migrant workers and their families.

3. To urge the states to seek full respect for, and compliance with, the 1963 Vienna Convention on Consular Relations, especially as it relates to the right of nationals, regardless of their immigration status, to communicate with a consular officer of their own State in case of detention.

4. To thank the Inter-American Commission on Human Rights (IACHR) for its work on behalf of the rights of all migrant workers and their families, and to urge it to intensify its efforts with a view to presenting a thorough report on their situation.

5. To urge the Permanent Council to continue supporting the work of the IACHR in this area and to take into account the efforts of other international organizations on behalf of migrant workers and families with a view to helping to improve their situation in the Hemisphere, in particular, when appropriate, those of the Working Group of Intergovernmental Experts on the Human Rights of Migrants of the United Nations Commission on Human Rights.

6. To urge the member states of the Organization to reply to the questionnaire prepared by the IACHR on migrant workers and their families within the timeframe specified by the Special Rapporteur, so that he may proceed with his work.

7. To request the IACHR, on the basis of responses received from member states as provided for in the previous paragraph, to complete the report on migrant workers and their families and present it to the General Assembly at its twenty-ninth regular session.

8. To urge the Inter-American Council for Integral Development (CIDI) to carry out projects and activities to benefit all migrant workers and their families, as an expression of inter-American solidarity and an essential element in the integral development of the member states.

9. To request the councils of the Organization to report and present recommendations to the General Assembly in due course on the implementation of this resolution in their particular areas of competence.

PROPOSED AMERICAN DECLARATION ON THE RIGHTS
OF INDIGENOUS POPULATIONS

(Resolution adopted at the third plenary session,
held on June 2, 1998)

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on the "American Declaration on the Rights of Indigenous Populations"; and

CONSIDERING:

That, in 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 the instrument was presented to the Assembly at its twenty-seventh regular session;

That, in resolution AG/RES. 1479 (XXVII-O/97), the General Assembly urged the member states to present, by December 31, 1997, their observations and recommendations on the "Proposed American Declaration on the Rights of Indigenous Peoples" prepared by the IACHR, and requested the Inter-American Juridical Committee (CJI) and the Inter-American Indian Institute (III) to transmit their comments on that proposed declaration to the Permanent Council, taking into account those observations and recommendations; and

That the III, the CJI, and several member states have already submitted their comments to the Permanent Council,

RESOLVES:

1. To acknowledge the progress made in studying the "Proposed American Declaration on the Rights of Indigenous Peoples" prepared by the Inter-American Commission on Human Rights (IACHR).

2. To thank the Inter-American Indian Institute (III), the Inter-American Juridical Committee (CJI), and the member states for their comments on the "Proposed American Declaration on the Rights of Indigenous Peoples."

3. To instruct the Permanent Council to continue to consider the "Proposed American Declaration on the Rights of Indigenous Populations"; to convene a meeting of government experts on this subject, taking into account the observations of the member states and the opinions of the III and the CJI, during the second half of 1998, in keeping with resources allocated in the program-budget and other resources; and to take the measures it considers appropriate with a view to the adoption of a declaration by the General Assembly at its twenty-ninth regular session.

 

AG/RES. 1550 (XXVIII-O/98)

ASSAULTS UPON FREEDOM OF THE PRESS
AND CRIMES AGAINST JOURNALISTS

(Resolution adopted at the third plenary session,
held on June 2, 1998)

THE GENERAL ASSEMBLY,

HAVING SEEN the request of the Secretary General that the item "Crimes against journalists" be included on the agenda for the twenty-eighth regular session of the General Assembly;

BEARING IN MIND that Article 3.l of the Charter of the Organization of American States establishes as one of its principles that "the American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex";

RECALLING:

That Article I of the American Declaration of the Rights and Duties of Man states that "every human being has the right to life, liberty and the security of his person"; and

That Article IV of the American Declaration of the Rights and Duties of Man provides that "every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever";

REAFFIRMING that Article 4 of the American Convention on Human Rights provides that "every person has the right to have his life respected";

REITERATING the full validity in every democratic society of freedom of expression, which should be subject not to prior censorship but, rather, to subsequent liability arising from the abuse of that freedom, in accordance with domestic law legitimately enacted by states to ensure respect for the rights or reputation of others, or to protect national security, public order, health, or public morals;

BEARING IN MIND that, at the Second Summit of the Americas, held in Santiago, Chile, in April 1998, the Heads of State and Government expressed their support for the Inter-American Commission on Human Rights (IACHR) in this area, in particular the recently established position of Special Rapporteur for Freedom of Expression;

CONSIDERING that, at that same Summit of the Americas, the Heads of State and Government reaffirmed in Santiago "the importance of guaranteeing freedom of expression, information, and opinion"; and

CONSIDERING that, inter alia, the Hemispheric Conference on Unpunished Crimes against Journalists, held in Guatemala in 1997, reported that in recent years assaults have been made upon the right to life of media professionals in the performance of their duties,

RESOLVES:

1. To condemn vehemently assaults upon freedom of the press and crimes against journalists.

2. To urge the member states to strengthen the measures needed for the investigation and punishment, in accordance with their domestic law, of assaults upon freedom of expression and crimes against journalists.

3. To reaffirm that the communications media make an indispensable contribution to strengthening democratic systems in the Hemisphere.

4. To urge the member states to support the work of the Special Rapporteur for Freedom of Expression, whose position was recently established by the Inter-American Commission on Human Rights.

5. To instruct the Permanent Council to study the advisability of preparing an Inter-American Declaration on Freedom of Expression.

6. To request the Permanent Council to report in due course to the General Assembly on the implementation of this resolution.

 

AG/RES. 1564 (XXVIII-O/98)

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

(Resolution adopted at the third plenary session,
held on June 2, 1998)

 

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on the draft Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities (AG/doc.3718/98);

CONSIDERING that Article 3, subparagraphs (j) and (l), respectively, of the Charter of the Organization of American States affirms that "social justice and social security are bases of lasting peace" and that "the American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex";

CONSIDERING also that the American Declaration of the Rights and Duties of Man proclaims that all human beings are born free and equal, in dignity and in rights, and that the rights and freedoms of every person must be respected without distinction of any kind;

RECALLING that the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights, or "Protocol of San Salvador," recognizes that "everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention designed to help him achieve the greatest possible development of his personality";

RECALLING also that, in the Declaration of Principles of the Summit of the Americas, the Heads of State and Government, meeting in Miami in 1994, declared that "it is...unacceptable that some segments of our populations are marginalized and do not share fully in the benefits of growth," and stated as a goal "to better meet the needs of the population, especially the needs of women and the most vulnerable groups, including indigenous people, the disabled, children, the aged, and minorities";

BEARING IN MIND that, in resolution AG/RES. 1487 (XXVII-O/97), the General Assembly instructed the Permanent Council to convene a special meeting of the Working Group, with the participation of legal or other experts designated by the member states, to reformulate the draft Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, which was to be submitted to the General Assembly for consideration at its twenty-eighth regular session; and

NOTING that the meeting was held in March 1998, at OAS headquarters, and that significant progress has been made in reformulating the draft Convention,

RESOLVES:

1. To reiterate the firm and unwavering commitment of the Organization of American States to promoting and defending the rights of persons with disabilities in the Hemisphere.

2. To acknowledge the important progress made to date in preparing the draft Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities by the working group established for that purpose.

3. To renew its instructions to the Permanent Council to complete at the earliest possible date, taking into account the observations of the member states, the draft Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, for presentation to and consideration by the General Assembly at its twenty-ninth regular session, to be held in Guatemala in 1999.

4. To reiterate the importance of adopting an Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities and of making every effort necessary to ensure that this legal instrument is adopted and signed at the aforementioned session of the General Assembly.

5. To instruct the Permanent Council that, in keeping with resources allocated in the program-budget that will be adopted at the special session of the General Assembly held after the twenty-eighth regular session, and with other resources, it convene a special meeting of the Working Group at OAS headquarters, in which legal or other experts designated by member states will participate.

6. To urge member states that have not yet done so to consider signing, ratifying, or acceding to the Protocol of San Salvador, as appropriate, so that it may enter into force as soon as possible.

AG/RES. 1565 (XXVIII-O/98)

PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW

(Resolution adopted at the third plenary session,
held on June 2, 1998)

 

THE GENERAL ASSEMBLY,

CONSIDERING its resolutions AG/RES. 1270 (XXIV-O/94), AG/RES. 1335 (XXV-O/95), AG/RES. 1408 (XXVI-O/96), and AG/RES. 1503 (XXVII-O/97) regarding international humanitarian law;

CONCERNED about the large number of armed conflicts still taking place in various parts of the world, and about persistent violations of international humanitarian law, particularly against children, women, displaced persons, and civilians in general;

CONVINCED of the continuing value of the fundamental principles and established rules of international humanitarian law, and of the need and obligation of the states parties to the 1949 Geneva Conventions, and to the 1977 Additional Protocols thereto, not only to respect, but also to enforce, in all circumstances, the provisions of those treaties;

CONSIDERING that international humanitarian law prohibits the use of weapons, projectiles, materiel, and methods of warfare that have indiscriminate effects or cause excessive injury or unnecessary suffering;

NOTING that all states are bound to respect the relevant rules of customary international humanitarian law;

STRESSING the need to strengthen the existing body of international humanitarian law by achieving its universal acceptance, the need for wide dissemination and full implementation of that law at the national level, and the need to punish all violations of its provisions;

CONSIDERING:

That the Organization of American States proclaims the fundamental rights of the individual and encourages the promotion of those rights; and

That the Organization’s member states should spread awareness of international humanitarian law in their countries and take all measures necessary to facilitate its effective implementation;

RECOGNIZING the continuing effort of the International Committee of the Red Cross (ICRC) to promote and disseminate knowledge of international humanitarian law, and the activities it carries out in its capacity as a neutral and independent organization in situations of armed conflict and of internal armed violence;

CONSIDERING the first report submitted by the ICRC to the Committee on Juridical and Political Affairs of the OAS Permanent Council (March 1998) on the status of efforts undertaken by the member states to promote the national application of international humanitarian law in their legal and administrative systems;

RECALLING the cooperation agreement signed by the General Secretariat of the OAS and the ICRC in Washington, D.C., on May 10, 1996, as well as the seminars on international humanitarian law organized jointly by the OAS and the ICRC; and

CONSIDERING that the international conference to establish an International Criminal Court will be held in Rome from June 15 to July 17, 1998,

RESOLVES:

1. To call upon all member states that have not yet done so to consider becoming parties to the 1977 Additional Protocols I and II to the Geneva Conventions at the earliest possible date.

2. To call upon all member states that are already parties to Additional Protocol I, and those that intend to become parties, to consider making the declaration provided for under Article 90 of that Protocol.

3. To call upon member states:

a. That have not yet done so to consider acceding to the 1980 United Nations Convention on Conventional Weapons and its annexed Protocols;

b. That are already parties to the aforementioned convention to consider ratifying its amended Protocols II and IV thereto, and to request them to inform the Secretary General when they have done so;

c. That have signed the 1997 Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-personnel Mines and on their Destruction to consider at the earliest stage the national ratification thereof and to declare at the time of ratification that they will provisionally apply its core prohibitions; and

d. That have not signed the 1997 Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-personnel Mines and on their Destruction to observe the new standards established by the Convention and to consider signing and ratifying it at an early date.

4. To invite those member states that have not yet done so to consider becoming parties to the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict.

5. To call on member states to continue to consider the adoption, as necessary, of national enabling law and regulations pertaining to international humanitarian law, and to apply and disseminate international humanitarian law as widely as possible and monitor its implementation, with particular emphasis on:

a. the adoption of appropriate criminal law to punish war crimes and other violations of international humanitarian law;

b. the adoption of laws and other measures to prevent the misuse of the Red Cross and Red Crescent emblems and other symbols provided for in the principal humanitarian law instruments; and

c. the widest possible dissemination of the humanitarian treaties among their armed forces, security forces, and other relevant groups, the incorporation of international humanitarian law instruction into their official training programs, and the appointment and training of persons qualified in international humanitarian law, including legal advisers within the armed forces.

6. To call upon member states to consider the establishment of national advisory committees or similar bodies to facilitate and ensure the effective implementation of international humanitarian law and, where these exist, to facilitate the exchange of information on their tasks and activities.

7. To urge the member states to participate actively in the conference to be held soon in Rome, with a view to the establishment of an International Criminal Court to punish war crimes and crimes against humanity.

8. To urge the member states to take all necessary measures to ensure that the personnel of humanitarian organizations are protected and respected within their territories.

9. To urge member states and all other parties to armed conflicts to adopt all necessary measures to end the use of children as soldiers, which violates international humanitarian law, and to ensure their demobilization and reintegration into society, including proper education and training, in a manner that fosters their self-respect and dignity.

10. To urge member states, as conflicts and other complex crises unfold, to preserve the independence, neutrality, and impartiality of humanitarian action and, to the extent possible, to separate humanitarian responses from political and military actions.

11. To invite member states to continue to cooperate with the International Committee of the Red Cross (ICRC) in its various areas of responsibility and to facilitate its work.

12. To instruct the Permanent Council to organize, in collaboration with the ICRC, a special meeting of the Committee on Juridical and Political Affairs on the promotion of and respect for international humanitarian law, in keeping with resources allocated in the program-budget to be adopted at the special session held by the General Assembly after its twenty-eighth regular session, and with other resources.

13. To request the Permanent Council to report on the implementation of this resolution to the General Assembly at its twenty-ninth regular session.

 

AG/RES. 1591 (XXVIII-O/98)

AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN

(Resolution adopted at the third plenary session,
held on June 2, 1998)

 

THE GENERAL ASSEMBLY,

BEARING IN MIND that, in 1948, the Ninth International Conference of American States adopted the American Declaration of the Rights and Duties of Man, which is based on human dignity, essential human rights and duties, and the need to create increasingly favorable conditions for the full observance of those values;

TAKING INTO ACCOUNT that the aforementioned Conference also determined that the promotion and protection of the human rights enshrined in the American Declaration should be strengthened on an ongoing basis;

RECALLING that Article II of the Declaration provides that "…all persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor";

BEARING IN MIND that the Permanent Council of the Organization set up a "coordination" for the topic "Status of Women in the Americas" to follow up on the various activities conducted at the inter-American level, and offers its full support to the Inter-American Commission of Women, according to the report presented by the Chair of the Permanent Council on this subject;

TAKING INTO ACCOUNT that one of the proposals contained in the report is to change the title of the Declaration from "American Declaration of the Rights and Duties of Man" to "American Declaration of the Rights and Duties of Persons," and to replace the word "man" with "person" in the text, as appropriate, given the need to introduce legal equality and equal opportunity for women and men, as well as gender equity at all levels, including the language of international instruments; and

TAKING INTO ACCOUNT the opinion of the Inter-American Juridical Committee on the draft protocol of amendment to the OAS Charter and on the draft resolution on amendment of the American Declaration of the Rights and Duties of Man (CJI/doc.30/98 rev. 2), dated March 18, 1998,

RESOLVES:

1.    To study within the Permanent Council and to propose, if appropriate, changing the title "American Declaration of the Rights and Duties of Man" to "American Declaration of the Rights and Duties of Persons," or any other agreed term, and replacing the word "man" in the text with "person," or any other agreed term, where appropriate.