Original: Spanish declarations and resolutions adopted by the general assembly




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

(Adopted at the fourth plenary session, held on June 7, 2011)



THE GENERAL ASSEMBLY,
HAVING SEEN:
The observations and recommendations of member states on the Annual Report of the Inter-American Court of Human Rights (CP/CAJP-2948/11/10); and
Article 54.f of the Charter of the Organization of American States and Article 65 of the American Convention on Human Rights;
CONSIDERING that on various occasions the Heads of State and Government have expressed their support for continued efforts toward “strengthening the functioning of the bodies of the Inter-American System of Human Rights,” to which end they will take concrete actions to achieve, among other objectives, “greater adhesion to the legal instruments, an effective observance of the decisions by the Inter-American Court of Human Rights …, the improvement of access of the victims to the mechanisms of the system, and the adequate financing of the bodies of the System, including the fostering of voluntary contributions”;
NOTING WITH SATISFACTION the progress and considerable output and efficiency of the Inter-American Court of Human Rights in the performance of its adjudicatory functions, which has resulted in a significant reduction in the time it takes to adjudicate the cases before it;
EMPHASIZING the importance of the fact that the Inter-American Court of Human Rights conducted special sessions in Argentina, Bolivia, Brazil, Chile, Colombia, the Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Paraguay, Peru, and Uruguay, which has strengthened considerably the ties between the Court and national and civil society institutions;
RECOGNIZING that the private hearings held on the monitoring of compliance with the Court’s judgments have been important and constructive and have yielded positive results;
EMPHASIZING the importance of the training activities carried out by the Inter-American Court of Human Rights for executive branch officials, judges, public defenders, and other justice operators, as a means of fostering better understanding of the inter-American system for the promotion and protection of human rights;
VALUING the contribution and impact of the Inter-American Court’s jurisprudence at both the regional and national levels;
CONCERNED that the judgments and decisions of the Court are not available to all inhabitants of the region, since they cannot be translated to the official languages of the Organization, which deprives those inhabitants of effective access to the Court’s jurisprudence; and
TAKING NOTE of the convocation of a meeting on financial strengthening for the inter-American human rights system, which has been organized by the Court and the Inter-American Commission on Human Rights and is scheduled to be held in San Salvador on June 8, 2011;
AWARE that considerable financial resources are needed for the Inter-American Court of Human Rights to operate effectively, as outlined in the “Note from the President of the Inter-American Court of Human Rights on the Short-, Medium-, and Long-Term Budgetary Needs of the Court (document CP/CAJP/INF.124/10, dated November 2, 2010),
RESOLVES:


  1. To adopt the observations and recommendations of member states on the annual report of the Inter-American Court of Human Rights (CP/CAJP-2948/11) and to forward them to that organ.




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




  1. To reaffirm the essential value of the work and jurisprudence of the Inter-American Court of Human Rights for the effective exercise of, and respect for, human rights in the Hemisphere and the rule of law, and the importance of effective dissemination of its decisions in all member states.




  1. To direct that the OAS General Secretariat, starting with fiscal year 2012, assume the cost of translating to all the official languages the judgments and decisions issued by the Inter-American Court of Human Rights, so as to guarantee full access to them by all inhabitants of the Hemisphere.




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




  1. To reaffirm the importance of:




  1. The advisory and adjudicatory functions of the Inter-American Court of Human Rights for the development of inter-American jurisprudence and international human rights law;




  1. The special sessions of the Inter-American Court of Human Rights held away from its headquarters, given their importance in disseminating information on and raising awareness of the inter-American human rights system and especially of the work of the Inter-American Court;




  1. The hearings held to monitor compliance with judgments as one of the most effective mechanisms to promote compliance with them; and




  1. The training activities conducted by the Inter-American Court for judges and others involved in the administration of justice, aimed at promoting effective application of international human rights law at the national level.




  1. To instruct the Permanent Council to continue its consideration and study of the following issues: “Access of victims to the Inter-American Court of Human Rights (jus standi) and its application in practice”; “the possibility that the Inter-American Court of Human Rights may come to operate on a permanent basis, including the financial and budgetary implications thereof”; and “means of encouraging compliance by member states with the judgments of the Court.”




  1. To request the Secretary General to seek effective means to ensure the sustainable funding of the Inter-American Court through the OAS Regular Fund.




  1. To support the initiatives to strengthen financially both organs of the inter-American human rights system.




  1. To invite member states, permanent observers, and other donors to make voluntary contributions, without earmarks, to the Inter-American Court so that it may conduct its various activities.




  1. To thank Chile, Colombia, Costa Rica, and Mexico, as well as the Office of the United Nations High Commissioner for Refugees, for their voluntary contributions to the Inter-American Court of Human Rights; the permanent observers of Norway and Spain which, through cooperation projects, extend significant support and financing to the Court; and the Konrad Adenauer Foundation, which has provided cooperation to the Court in the training area.




  1. To thank the people and Governments of Peru and Ecuador for having allowed the Court to hold, successfully, special sessions in their countries in 2010, and the Governments of Panama, Barbados, and Colombia for inviting the Court to hold special sessions in their countries in 2011.




  1. To encourage member states to continue extending invitations for the Inter-American Court of Human Rights to hold special sessions away from its headquarters.




  1. T

    o encourage member states, permanent observers, and other donors to contribute to the Legal Assistance Fund of the Inter-American Human Rights System.






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




  1. To request the Permanent Council to report to the General Assembly at its forty-second regular session on the implementation of this resolution, the execution of whose activities shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2653 (XLI-O/11)


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