General assembly thirty-eighth regular session




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OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
(Adopted at the fourth plenary session, held on June 3, 2008)

THE GENERAL ASSEMBLY,


HAVING SEEN the observations and recommendations of the member states on the Annual Report of the Inter-American Commission on Human Rights (CP/CAJP-2629/08);
HIGHLIGHTING that 2009 marks the 40th anniversary of the adoption of the American Convention on Human Rights and the 50th anniversary of the establishment of the Inter-American Commission on Human Rights;
CONSIDERING:
That, in the Charter of the Organization of American States (OAS), the member states have proclaimed, as one of their principles, respect for the fundamental rights of the individual without distinction as to race, nationality, creed, or sex;
That, under the Charter of the Organization of American States and the American Convention on Human Rights, the principal function of the Inter-American Commission on Human Rights (IACHR) is to promote the observance and protection of human rights; and
That in the Declaration and the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, the Heads of State and Government recognized that the promotion and protection of human rights on the basis of the principles of universality, indivisibility, and interdependence, are essential to the functioning of democratic societies, as well as the need to continue the process of strengthening and enhancing the effectiveness of the inter-American human rights system to achieve, among other objectives, greater accession to the legal instruments, effective observance of the decisions of the Inter-American Court of Human Rights, and due consideration of the recommendations of the Inter-American Commission on Human Rights;
THANKING the Government of Paraguay for the invitation it extended to the IACHR to hold its 129th special session in Asunción, from September 5 to 7, 2007, as a means of promoting the inter-American human rights system;
THANKING ALSO the Governments of Argentina, Brazil, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Paraguay, Peru, and Uruguay, which have extended open and permanent invitations to the IACHR to visit those countries; and
THANKING FURTHER the Government of Argentina for its invitation to the IACHR to hold a special session in that country in 2009, on the occasion of the 30th anniversary of the Commission’s on-site visit to Argentina, the 40th anniversary of the adoption of the American Convention on Human Rights, and the 50th anniversary of the establishment of the IACHR,

RESOLVES:




  1. To adopt the observations and recommendations of the member states on the Annual Report of the Inter-American Commission on Human Rights (CP/CAJP-2629/08); and to forward them to that organ.




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




  1. To encourage member states to:




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




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




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




  1. To note with satisfaction the decisions taken by governments of member states that have invited the IACHR to visit their respective countries; and to encourage all member states to continue this practice and to consider the requests made by the IACHR to that end.




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




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




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




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




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




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




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




  1. To invite the IACHR to:




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




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




  1. Continue to strengthen, pursuant to Article 15 of its Rules of Procedure, existing rapporteurships and operational units, in the most equitable manner possible, within the limits of its available resources and in accordance with the procedures in effect for designating special rapporteurs; and




  1. Continue to participate, through the members of the Commission, in the dialogue with member states in the context of the Committee on Juridical and Political Affairs (CAJP), so as to follow up on the observations and comments of the states set forth in the reports on the meetings held on October 26, 2004 (CP/CAJP/SA.412/04 corr. 1 and CP/CAJP/INF.17/04), on March 9, 2006 (CP/CAJP-2311/05 add. 2 and 2-a), on March 30, 2007 (CP/CAJP-2526/07), and on April 4, 2008 (CP/CAJP-2644/08), in particular those on the criteria used when applying its principal mechanisms for the protection of human rights and when applying its Rules of Procedure to the individual case system; and likewise on the role of the IACHR in proceedings before the Inter-American Court of Human Rights.

10. Also to invite the IACHR to bear in mind the proposals and comments issued by the member states in the framework of the dialogue between the member states and the members of the IACHR and the Court on the functioning of the inter-American human rights system, on April 4, 2008, as well as the contributions by civil society, as set out in the report of that meeting (CP/CAJP-2644/08), and to adopt the measures it deems appropriate in the framework of its autonomy and independence.


11. To instruct the CAJP, with a view to implementing operative paragraph 9.d, to schedule meetings to continue its dialogue with the members of the IACHR.
12. To request the Permanent Council to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2410 (XXXVIII-O/08)


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