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INTER-AMERICAN PROGRAM FOR THE DEVELOPMENT
OF INTERNATIONAL LAW

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

THE GENERAL ASSEMBLY,
Having seen the Annual Report of the Permanent Council to the General Assembly, in particular as it pertains to the implementation of resolution AG/RES. 2590 (XL-O/10), “Inter-American Program for the Development of International Law” (AG/doc.5217/11);
CONSIDERING that in 1996 the General Assembly adopted the Declaration of Panama on the Inter-American Contribution to the Development and Codification of International Law [AG/DEC. 12 (XXVI-O/96)], and that in 1997, by resolution AG/RES. 1471 (XXVII-O/97), it adopted the Inter-American Program for the Development of International Law;
CONSIDERING ALSO that the General Assembly has reaffirmed its support for said Program through resolutions AG/RES. 1557 (XXVIII-O/98), AG/RES. 1617 (XXIX-O/99), AG/RES. 1705 (XXX-O/00), AG/RES. 1766 (XXXI-O/01), AG/RES. 1845 (XXXII-O/02), AG/RES. 1921 (XXXIII-O/03), AG/RES. 2032 (XXXIV-O/04), AG/RES. 2070 (XXXV-O/05), AG/RES. 2174 (XXXVI-O/06), AG/RES. 2264 (XXXVII-O/07), AG/RES. 2405 (XXXVIII-O/08), AG/RES. 2503 (XXXIX-O/09), and AG/RES. 2590 (XL-O/10); and
UNDERSCORING the importance and ongoing validity of the principles of international law set forth in the Charter of the Organization of American States (OAS), as a standard to govern the conduct of states in their relations with one another;
TAKING NOTE of the “Report on the Inter-American Program for the Development of International Law. Activities Conducted by the Department of International Law of the Secretariat for Legal Affairs in 2010” (CP/CAJP/INF.136/11) and of the oral report given by the Director of that Department to the Committee on Juridical and Political Affairs on April 7, 2011; and
RECALLING that since the adoption of the Inter-American Program for the Development of International Law by the General Assembly at its twenty-seventh regular session, in 1997, important progress has been made in the area; and recognizing the need to update the Program,
RESOLVES:


  1. To thank the Department of International Law for presenting the “Report on the Inter-American Program for the Development of International Law” and to urge continued presentation of such reports.




  1. To reaffirm the importance of, and its support for, that Program and to request the Department of International Law to continue carrying out the activities listed therein.




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




  1. To adopt the update to the Inter-American Program for the Development of International Law as follows:

INTER-AMERICAN PROGRAM FOR THE DEVELOPMENT


OF INTERNATIONAL LAW

The member states of the Organization of American States, within the framework of the principles and purposes set forth in the Charter of the Organization; bearing in mind the Declaration of Panama on the Inter-American Contribution to the Development and Codification of International Law [AG/DEC. 12 (XXVI-O/96)], as well as the Inter-American Program for the Development of International Law, adopted in 1997 by way of resolution AG/RES. 1471 (XXVII-O/97); and in response to new developments in the promotion of international law and the results achieved to date in the implementation of that Program, have decided to update the Program by carrying out the following measures:


Treaties in the Inter-American Context


  1. To continue maintaining and periodically updating the webpage of the Department of International Law with information on new legal developments on the inter-American agenda and on inter-American treaties and agreements, publishing them in such a way as to provide access to the complete texts of inter-American treaties of which the OAS is the depository and data on the current status of signatures, ratifications and/or accessions, reservations, objections, declarations, the dates of their entry into force, background information, preparatory documentation on those inter-American treaties, and similar information on cooperation agreements concluded by the OAS.


Legal Development within the Organs of the OAS


  1. To request the General Secretariat to maintain close coordination among the various areas and offices and other bodies of the OAS in terms of systematizing data on resolutions, declarations, programs of action, and other legal developments arising from the various organs of the OAS.


Teaching of Inter-American International Law


  1. To strengthen the Course on International Law conducted each year in Rio de Janeiro by the Inter-American Juridical Committee and the Secretariat for Legal Affairs by including sessions on the latest developments in international law and the hemispheric agenda.




  1. To organize, in cooperation with institutions in the various member states and other entities, whether in the territories of member states or at OAS headquarters, courses at the sub-regional and national levels on the various aspects of inter-American law, in particular, on the latest thematic developments within the Organization, so as to give legal advisers of foreign ministries, diplomatic staff, members of parliament, judges, members of the armed forces, and other senior public and institutional officials an opportunity to learn about and discuss legal and political developments within the OAS.




  1. To hold periodic meetings of professors of public and private international law from the member states and other regions so as to enhance the study, development, and teaching of legal topics in the inter-American system; and to strengthen ties with various academic institutions with a view to achieving the systematic incorporation of inter-American law into the curricula of the various faculties of law.




  1. To take into account the need to include topics and representatives from the various legal systems in the Hemisphere in all the activities mentioned above.


Promoting Awareness


  1. To promote awareness of inter-American legal instruments, such as the amended OAS Charter and inter-American treaties, through publications and other media.




  1. To promote awareness of the major OAS activities in the legal area, on a periodic basis, through the newsletter of the Department of International Law.




  1. To continue to promote awareness of the legal publications arising from activities such as the Course on International Law and its thematic series, the Workshops on International Law, and other academic activities in the area of international law.


Cooperation in the Development, Dissemination, and Teaching of International Law in the

Hemisphere


  1. To promote agreements with various entities for the teaching and dissemination of inter-American law, including universities, institutes of international studies, and diplomatic academies, to encourage greater awareness of the legal heritage of the inter-American system and of the latest political and legal developments in the OAS framework.




  1. To promote cooperation with international organizations such as the United Nations, in particular the Sixth Committee of its General Assembly and the International Law Commission, as well as The Hague Academy of International Law and The Hague Conference on Private International Law, as a means of further publicizing inter-American international law.




  1. To promote the conclusion of cooperation agreements with various international financial agencies such as the Inter-American Development Bank and the World Bank, and with foundations and other public and private entities that are in a position to provide financial support for the dissemination, development, and teaching of international law.

AG/RES. 2661 (XLI-O/11)

ACCESS TO PUBLIC INFORMATION AND PROTECTION OF PERSONAL DATA
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


RECALLING resolutions AG/RES. 1932 (XXXIII-O/03), AG/RES. 2057 (XXXIV-O/04), AG/RES. 2121 (XXXV-O/05), AG/RES. 2252 (XXXVI-O/06), AG/RES. 2288 (XXXVII-O/07), AG/RES. 2418 (XXXVIII-O/08), and AG/RES. 2514 (XXXIX-O/09), “Access to Public Information: Strengthening Democracy,” and resolution AG/RES. 2607 (XL-O/10) “Model Inter-American Law on Access to Public Information,” and reiterating all the mandates and historical, procedural, legal, political, and substantive considerations contained therein;
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly, as it pertains to the status of compliance with resolutions AG/RES. 2514 (XXXIX-O/09) and AG/RES. 2607 (XL-O/10);
RECALLING the essential role of access to public information in electoral and democratic processes, in state governance, transparency, and anticorruption efforts, in the protection and promotion of human rights, especially the right to freedom of thought and expression, and in the freedom of the press;
REITERATING the vital role of international instruments, including the American Convention on Human Rights, the Universal Declaration of Human Rights, and the Inter-American Democratic Charter, the mandates of the Summits of the Americas, the judgments of the Inter-American Court of Human Rights, and the invaluable work of the General Secretariat, of the Inter-American Juridical Committee, of the Inter-American Commission on Human Rights, including the office of its Rapporteur for Freedom of Thought and Expression, and of civil society, in the promotion and protection of the right to seek, impart, and receive information, as well as the importance of access to public information, and bearing in mind the valuable instruments, jurisprudence, reports, meetings, and documents that have been prepared to this end;
NOTING WITH INTEREST the Model Inter-American Law on Access to Public Information and its Implementation Guide, contained in resolution AG/RES. 2607 (XL-O/10), and taking note of the report of the special meeting of the Committee on Juridical and Political Affairs (CAJP) for examining the member states’ comments on the Model Law and the possibility of designing an Inter-American Program on Access to Public Information, with the participation of the member states, the General Secretariat, and representatives of civil society, held at the headquarters of the Organization of American States (OAS), on December 13, 2010, contained in document CP/CAJP-2938/11;
TAKING NOTE ALSO of the International Seminar for the application of the Model Inter-American Law on Access to Public Information in Mexico and the region, held on March 10-11, in Mexico City organized jointly by the OAS, the Mexican Institute for Access to Information and Data Protection, the Legal Research Institute of the National Autonomous University of Mexico, and the Mexican Ministry of Foreign Affairs, among others, and having seen its report on conclusions and recommendations contained in document CP/CAJP….”;
CONSIDERING that access to public information, on the one hand, and the protection of personal data, on the other, are fundamental values that must operate in harmony at all times;
CONSIDERING ALSO the growing importance of privacy and the protection of personal data, and the need to encourage and protect crossborder flows of information in the Americas;
BEARING IN MIND the efforts made by states to ensure access to public information and the protection of personal data;
ALSO BEARING IN MIND the efforts of other international and regional bodies (such as OECD, APEC, EU, and the Council of Europe) working in the area of protection of personal data.
TAKING NOTE of the Draft Preliminary Principles and Recommendations on the Protection of Personal Data contained in document CP/CAJP-2921/10 rev. 1, prepared by the Department of International Law, and the comments offered on it by the member states;
RESOLVES:


  1. To reaffirm the importance of access to information as an indispensable requirement for democracy and the commitment of the member states to respect and uphold the principle of providing access to governmental information.




  1. To encourage the states, in designing, executing, and evaluating their regulations and policies on access to public information, to consider embracing and implementing the Model Inter-American Law on Access to Public Information contained in resolution AG/RES. 2607 (XL-O/10) and its Implementation Guide.




  1. To instruct the General Secretariat, through the Department of International Law, to support, with the assistance of civil society, member states’ efforts to adopt the legislative and other appropriate measures needed to guarantee access to public information, in particular for the implementation of the Model Law or for continuing to bring themselves into line with it; and the promotion of contacts and exchanges of best practices among the national authorities (Commissioners, Ombudsmen, etc.) responsible for implementing access to public information.




  1. To thank the members of the group of experts who participated in drafting the Model Law and its Implementation Guide, under the coordination and at the invitation of the Department of International Law, and to instruct them to continue assisting with activities for states’ adoption and implementation of the Model Law.




  1. To instruct the Permanent Council to have the Committee on Juridical and Political Affairs (CAJP), prior to the forty-second regular session, consider the preparation of an Inter-American Program on Access to Public Information, based on the contributions made at the special meeting of the CAJP held on December 13, 2010.




  1. To encourage member states to hold domestic and regional seminars on the implementation of the Model Inter-American Law on Access to Public Information in its national framework and to provide conclusions and recommendations as a means to help incorporate the standards of said Model Law into the legal, judicial, and administrative practices of the member states.




  1. To instruct the General Secretariat to develop an internal policy and prepare a directive for access to public information within the Organization, in line with the standards followed in other multilateral organizations, and to put it into effect prior to the forty-second session of the General Assembly.




  1. To instruct the office of the IACHR’s Special Rapporteur for Freedom of Expression to continue including, in the Annual Report of the IACHR, a report on the situation/state of access to public information in the region and its effect on the exercise of the right to freedom of expression.




  1. To invite the member states to consider attending the International Conference of Data Protection and Privacy Commissioners, to be held in Mexico City from October 31 to November 2, 2011.




  1. To thank the Department of International Law for presenting the Draft Preliminary Principles and Recommendations on the Protection of Personal Data, contained in document CP/CAJP-2921/10 rev. 1, and instruct it to prepare a comparative study of different existing legal regimes, polices, and enforcement mechanisms for the protection of personal data, including domestic legislation, regulation, and self-regulation, with a view to exploring the possibility of a regional framework in the area.




  1. To instruct the Inter-American Juridical Committee to present, prior to the forty-second regular session, a document of principles for privacy and personal data protection in the Americas, taking into account both documents described in the preceding paragraph.




  1. To instruct the General Secretariat to establish channels of information with other international and regional organizations currently undertaking efforts on the matter of data protection, in order to facilitate the exchange of information and cooperation.




  1. To instruct the General Secretariat to identify new resources to support member states’ efforts to facilitate access to public information and the protection of personal data and to encourage other donors to make contributions toward that goal.




  1. T

    o 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 which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.



AG/RES. 2662 (XLI-O/11)

RIGHT TO THE TRUTH


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

THE GENERAL ASSEMBLY,


HAVING SEEN resolutions AG/RES. 2175 (XXXVI-O/06), AG/RES. 2267 (XXXVII-O/07), AG/RES. 2406 (XXXVIII-O/08), AG/RES. 2509 (XXXIX-O/09), and AG/RES 2595 (XL-O/10) on the “Right to the Truth”;
CONSIDERING the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights (Pact of San José, Costa Rica), the Inter-American Convention to Prevent and Punish Torture, and the Inter-American Convention on Forced Disappearance of Persons;
CONSIDERING IN PARTICULAR Articles 25, 8, 13, and 1.1 of the American Convention on Human Rights, related, respectively, to the right to judicial protection, the right to a fair trial and judicial guarantees, the right to freedom of expression, and the obligation of states to respect and guarantee human rights;
CONSIDERING ALSO the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1949 Geneva Conventions and the 1977 Additional Protocols thereto, the 2006 International Convention for the Protection of All Persons from Enforced Disappearance, and other relevant instruments of international human rights law and international humanitarian law, as well as the Vienna Declaration and Programme of Action;
NOTING the universality, interdependence, indivisibility, and interrelatedness of civil, political, economic, social, and cultural rights;
TAKING NOTE of Articles 32 and 33 of Additional Protocol I, adopted on June 8, 1977, to the Geneva Conventions of August 12, 1949, and relating to the protection of victims of international armed conflicts, which recognize the right of families, as soon as circumstances permit, to know the fate of persons who have disappeared in armed conflicts;
EMPHASIZING that adequate steps to identify victims should also be taken in situations not amounting to armed conflict, especially in cases of severe or systematic violations of human rights;

MINDFUL that the right to the truth may be characterized differently in some legal systems as the right to know or to be informed or as freedom of information;


RECALLING ALSO the latest report of the Office of the United Nations High Commissioner for Human Rights on the right to the truth (A/HRC/12/19) and its findings on the importance of the protection of witnesses during criminal proceedings related to serious violations of human rights and violations of international humanitarian law, as well as issues relating to the development and management of file systems to ensure the effective fulfillment of the right to truth;

BEARING IN MIND the report of the Office of the United Nations High Commissioner for Human Rights on forensic genetics and human rights (A/HRC/15/26), which recognizes the important role that forensic genetics plays in ensuring the effective exercise of the right to truth;


EMPHASIZING the commitment the regional community should make toward recognizing the right of victims of gross violations of human rights and serious violations of international humanitarian law, and of their families and society as a whole, to know the truth regarding such violations to the fullest extent practicable, in particular the identity of the perpetrators, the causes and facts of such violations, and the circumstances under which they occurred;
EMPHASIZING ALSO that it is important for states to provide appropriate and effective mechanisms for society as a whole and, in particular, for members of the victims’ families to learn the truth regarding gross human rights violations and serious violations of international humanitarian law;
CONVINCED that states, within the framework of their own internal legal systems, should preserve records and other evidence concerning gross human rights violations and serious violations of international humanitarian law, in order to facilitate knowledge thereof, investigate allegations, and provide victims with access to an effective remedy in accordance with international law, in order to prevent these incidents from occurring again in the future, among other reasons,
RESOLVES:


  1. To recognize the importance of respecting and ensuring the right to the truth so as to contribute to ending impunity and to promoting and protecting human rights.




  1. To welcome the establishment in several states of specific judicial mechanisms, and to respect their decisions; as well as the creation of other non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, that contribute to the work of the justice system and to the investigation of violations of human rights and international humanitarian law; and to express appreciation for the preparation and publication of their reports.




  1. To encourage the states concerned to disseminate and implement the recommendations of national non-judicial or ad hoc mechanisms, such as truth and reconciliation commissions, to monitor the implementation of said recommendations at the domestic level, and to report on compliance with the decisions of judicial mechanisms.




  1. To encourage other states to consider the possibility of establishing specific judicial mechanisms and, where appropriate, truth commissions or other similar bodies to complement the justice system in order to contribute to the investigation and punishment of gross violations of human rights and serious violations of international humanitarian law.




  1. To encourage states and the Inter-American Commission on Human Rights (IACHR), within its sphere of competence, to provide the states that so request with necessary and appropriate assistance concerning the right to the truth, through, inter alia, technical cooperation and information exchange on national administrative, legislative, and judicial measures applied, as well as experiences and best practices geared toward the protection, promotion, and implementation of this right.

  2. To urge those states that have not already done so to consider signing and ratifying the International Convention for the Protection of All Persons from Forced Disappearance.




  1. Once again to request the IACHR to continue working on the preparation of a report, for presentation to the Permanent Council prior to the forty-second regular session of the General Assembly of the OAS, on the evolution of the right to the truth in the Hemisphere, which report shall include national mechanisms and experiences in this regard as well as best practices to ensure effective fulfillment of the right to the truth. This will be done with a view to the Permanent Council’s holding, in the first half of 2012, a special meeting on the right to the truth to discuss the IACHR report and exchange national experiences.




  1. To encourage all states to take appropriate measures to establish mechanisms or institutions for disseminating information on human rights violations and ensuring that citizens have appropriate access to said information, in order to further the exercise of the right to the truth, prevent future human rights violations, and establish accountability in this area.

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

AG/RES. 2663 (XLI-O/11)

SUPPORT FOR THE COMMITTEE FOR THE ELIMINATION OF ALL FORMS OF


DISCRIMINATION AGAINST PERSONS WITH DISABILITIES AND
ITS TECHNICAL SECRETARIAT
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


RECALLING:
The Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, adopted in Guatemala on June 7, 1999, which entered into force on September 14, 2001, and has been ratified by 18 member states; and
Resolution AG/RES. 2596 (XL-O/10), “Support for the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities”;
HAVING SEEN:
The final report of the First Meeting of the Working Group of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities (CEDDIS), held on October 25 and 26, 2010, in Washington, D.C. (CP/doc. ); and the final report of the First Special Meeting of that Committee, held on May 4 and 5, 2011, in San Salvador, El Salvador (CP/doc. );
BEARING IN MIND:
The Committee’s general observations on the exercise of legal capacity by persons with disabilities, adopted in resolution CEDDIS/RES. 1 (I-E/11); and
The formation of a working group that is to evaluate the operations of the Technical Secretariat for the Implementation of the Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016) (SEDISCAP) and draw up recommendations to ensure its sustainability, through resolution CEDDIS/RES. 2 (I-E/11);
RECOGNIZING:
The significant advances made by the Committee in defining parameters for measuring progress in the implementation of the Inter-American Convention as well as in establishing model national goals by sector;
The work carried out by the Technical Secretariat of the Committee to promote and disseminate the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities and of the Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016), by publishing copies in the four official languages of the Organization;

The meeting held on February 3, 2011, by the Chair of the Committee with the Chair of the Permanent Council, the Assistant Secretary General, the Technical Secretariat of the Committee, and representatives of the permanent missions and permanent observers to the Organization, on the work of the Committee and its Technical Secretariat and to reiterate the importance of their support for attainment of the Convention’s objectives;


The outcome of the II International Meeting on Successful Inclusive Projects, convened by CONADIS Peru and the OAS Department of Special Legal Programs, in December 2010; and
The contributions by civil society during the dialogue with the Committee at its first special meeting, as well as the recommendations that were submitted on that occasion and will be considered at the next meeting of CEDDIS, in keeping with Article 23 of the Rules of Procedure of the Committee,
RESOLVES:


  1. To thank the people and Government of the Republic of El Salvador for their generous hospitality and for their steadfast and effective support, which contributed to the success of the First Special Meeting of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities.




  1. To encourage the Committee to convene its fourth meeting for the second half of 2012 to review the progress made in implementing the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities and to exchange experiences among the states parties, in accordance with Article VI of the Convention and Article 20 of the Committee’s Rules of Procedure.




  1. To urge the states parties to the Convention to formally begin preparatory work for the second report on implementation of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, which will be discussed at the Committee’s fourth meeting.




  1. To reaffirm the importance of voluntary contributions to the “Specific Fund for the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities” [CP/RES. 947 (1683/09)], created to supplement the financing of the activities of the Committee and its Technical Secretariat; to invite member states and permanent observers, as well as individuals and institutions, both public and private, national and international, to make contributions to the Fund; and to request the Secretary General to take steps to raise new resources for the Fund.




  1. To request the Permanent Council to convene in the second half of 2011 a special meeting of government representatives and experts from national councils on disability, academia, civil society organizations representing persons with disabilities, and international organizations in the region, for the purpose of exchanging information and best practices and identifying specific needs and appropriate public policies to bring about inclusion of persons with disabilities in all spheres of society.




  1. To request the Secretary General:

a

. To disseminate as widely as possible the Committee’s general observations on the need to interpret Article I. 2, Section B) in fine of the Inter-American Convention for the Elimination of All Forms of Discrimination against Persons with Disabilities, within the framework of Article 12 of the United Nations Convention on the Rights of Persons with Disabilities.


b. To take steps to bring about progressive advancement toward accessibility to persons with disabilities of the Organization’s facilities, as well as of its information dissemination tools, such as its documents, communications, website, etc., in accordance with the principle of nondiscrimination enshrined in the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities.
c. To provide the broadest support to the CEDDIS Working Group created to evaluate the operations of the SEDISCAP and to issue recommendations for its sustainability.


  1. To instruct the Permanent Council to report to the General Assembly at its forty-second 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. 2664 (XLI-O/11)

PROGRAM OF ACTION FOR THE DECADE OF THE AMERICAS FOR
THE RIGHTS AND DIGNITY OF PERSONS WITH DISABILITIES (2006-2016)
AND SUPPORT FOR ITS TECHNICAL SECRETARIAT (SEDISCAP)
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


TAKING INTO ACCOUNT that, in the Plan of Action of the Fourth Summit of the Americas (Mar del Plata, Argentina, November 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”;
RECALLING resolutions AG/RES. 1249 (XXIII-O/93) and AG/RES. 1356 (XXV-O/95), “Situation of Persons with Disabilities in the American Hemisphere”; AG/RES. 1369 (XXVI-O/96), “Panama Commitment to Persons with Disabilities in the American Hemisphere”; AG/RES. 2230 (XXXVI-O/06), “Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities”; AG/RES. 2339 (XXXVII-O/07), whereby the Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016) was adopted; AG/RES. 2365 (XXXVIII-O/08), “Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016) and Support for Its Technical Secretariat”; and AG/RES. 2464 (XXXIX-O/09) and AG/RES. 2598 (XL-O/10), “Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016) and Support for Its Technical Secretariat” (SEDISCAP);
BEARING IN MIND:
The Declaration on the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016), adopted in Santo Domingo, Dominican Republic, with the theme “Equality, Dignity, and Participation” [AG/DEC. 50 (XXXVI-O/06)], the objective of which is the recognition and full exercise of the rights and dignity of persons with disabilities and of their right to participate fully in economic, social, cultural, and political life and in the development of their societies, without discrimination and on an equal basis with others; and
The need, during the aforementioned Decade, to undertake programs, plans, and measures to bring about the inclusion of and full participation by persons with disabilities in all aspects of society; to carry out social, political, economic, cultural, and development programs that afford such persons opportunities; and to promote effective measures to prevent secondary or further disabilities and provide persons with disabilities access to rehabilitation services and programs, on an equal basis with others;
HAVING SEEN the final report of the Second Meeting of the Directors of Disability Institutions and Public Disability Policy Makers, held in Buenos Aires, Argentina, in August 2010, to note the progress made by OAS member states in their implementation of the Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016) and to establish the order of importance of the actions contained in the Program of Action, on the basis of the authorities’ dialogue on policy priorities;
WELCOMING the initiative taken by the participants in the Second Meeting of the Directors of Disability Institutions and Public Disability Policy Makers to dedicate each year to a separate aspect of the Program of Action in order to strengthen the dissemination and implementation of this instrument, with 2011 being the year to commemorate increased public awareness of human rights and persons with disabilities;
RECALLING:
That the Program of Action assigns the coordination of its execution to a technical secretariat, hereinafter referred to as SEDISCAP, the purpose of which is to provide support to member states, persons with disabilities and their organizations, and OAS bodies, to follow up on the commitments set forth therein and the planning of activities in pursuit of its specific aims and measures;
Resolution CP/RES. 926 (1625/08), “Installation in Panama of the Technical Secretariat for the Implementation of the Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (20062016)”; and that said Technical Secretariat was inaugurated on June 5, 2008;
That, thanks to financial resources generously provided by the Government of the Republic of Panama, SEDISCAP has been able to function over the past two years, and will be able to ensure an additional year of operations given the large contribution made by the Government of Panama in the first quarter of 2011, thus contributing to the Decade of the Americas for the Rights and Dignity of Persons with Disabilities (2006-2016); and
That with the exception of the contributions made by the Government of the Republic of Panama, no new contributions have been received from other member states to the Specific Fund for Voluntary Contributions, as a result of which urgent steps must be taken to ensure the continuity of SEDISCAP for the remainder of the 2006-2016 decade; and
CONSIDERING the deliberations of the members of the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities at the first meeting of its Working Group, in October 2010, and at its first special meeting, on May 4 and 5, 2011, in response to the mandate entrusted to it to conduct an exhaustive evaluation of the operations of SEDISCAP and to draw up recommendations to ensure its sustainability during the remainder of the Decade of the Americas [AG/RES. 2598 (XL-O/10)],
RESOLVES:


  1. To thank the Government of the Republic of Panama for its steadfast and effective support for the Program of Action and for the installation in Panama City of the Technical Secretariat (SEDISCAP).

2. To express its appreciation to the people and Government of the Argentine Republic for their generous hospitality and for their steadfast and effective support, which contributed to the success of the Second Meeting of the Directors of Disability Institutions and Public Disability Policy Makers, in August 2010.




  1. T

    o support the efforts of the Working Group established by the Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities by resolution CEDDIS/RES. 2 (I-E/11) for conducting an exhaustive evaluation and drawing up recommendations to ensure its sustainability over the remainder of the Decade of the Americas (2006-2016), in order to carry out the mandate issued to it by resolution AG/RES. 2598 (XL-O/10).






  1. To reiterate the importance of contributing to the Specific Fund for Voluntary Contributions established by the Permanent Council, the purpose of which is to support SEDISCAP operations; to invite the member states and permanent observers, as well as individuals and public and private entities, whether national or international, to make contributions to that fund in accordance with the Charter of the Organization of American States and the General Standards to Govern the Operations of the General Secretariat; and to request the Secretary General to take steps to raise new funds for that Specific Fund.




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

AG/RES. 2665 (XLI-O/11)

PREVENTION AND REDUCTION OF STATELESSNESS AND PROTECTION


OF STATELESS PERSONS IN THE AMERICAS
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


RECALLING resolution AG/RES. 1971 (XXXIII-O/03), “The Protection of Refugees, Returnees, and Stateless and Internally Displaced Persons in the Americas,” as well as the appeal made for ratification of the international conventions on statelessness, in resolutions AG/RES. 1693 (XXIX-O/99), “The Situation of Refugees and Returnees in the Americas”; AG/RES. 1762 (XXX-O/00), “The Situation of Refugees, Returnees, and Internally Displaced Persons in the Americas”; AG/RES. 1832 (XXXI-O/01) and AG/RES. 1892 (XXXII-O/02), “The Protection of Refugees, Returnees, and Internally Displaced Persons in the Americas”; AG/RES. 2511 (XXXIX-O/09), “Protection of Asylum Seekers and Refugees in the Americas; and in particular resolution AG/RES. 2599 (XL-O/10), “Prevention and Reduction of Statelessness and Protection of Stateless Persons in the Americas”;
CONSIDERING that in the “Brasilia Declaration on the Protection of Refugees and Stateless Persons in the Americas” of November 11, 2010, it was resolved to “urge countries in the Americas to consider acceding to the international instruments on statelessness, reviewing their national legislation to prevent and reduce situations of statelessness, and strengthen national mechanisms for comprehensive birth registration”;
CONVINCED that statelessness is a serious global problem that calls for broad international cooperation and the development of related programs;
RECOGNIZING that it is essentially the responsibility of states to prevent and reduce statelessness;
EMPHASIZING the tradition in the countries of the Americas to prevent and reduce statelessness by granting nationality through the combined application of the principles of ius soli, for children born in their territories, and of ius sanguinis, for those born in other countries;
RECOGNIZING that some countries of the region have recently introduced legislative amendments or practices to determine the status of, or to provide protection to, stateless persons;
RECOGNIZING ALSO that 13 member states of the Organization of American States (OAS) have acceded to the 1954 Convention Relating to the Status of Stateless Persons and that six are parties to the 1961 Convention on the Reduction of Statelessness;
EMPHASIZING the importance of the right to nationality in the Americas, recognized in Article XIX of the American Declaration on the Rights and Duties of Man and in Article 20 of the American Convention on Human Rights, as well as the relevance of promoting accession to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;
UNDERSCORING the importance of the Inter-American Program for Universal Civil Registry and the Right to Identity, given that recognition of the identity of persons is one of the means through which observance of the rights to legal personhood, a name, a nationality, civil registration, and family relationships is facilitated, among other rights recognized in international and inter-American instruments; and
EMPHASIZING that this year marks the 50th anniversary of the adoption of the 1961 Convention on the Reduction of Statelessness; and expressing its appreciation to the Office of the United Nations High Commissioner for Refugees (UNHCR) for its technical and financial cooperation and for its efforts in the Americas to help states prevent and reduce statelessness and to extend its protection to stateless persons,
RESOLVES:


  1. To emphasize the importance of the universal instruments for the protection of stateless persons: the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.




  1. To urge those member states that have not yet done so to consider ratifying or acceding to, as the case may be, the international instruments in the area of stateless persons, and to promote the adoption of procedures and institutional mechanisms for their application, in accordance with those instruments.

3. To urge member states, without prejudice to their ratification of, or accession to, the international instruments on statelessness, to consider adoption of domestic legal provisions to prevent and reduce statelessness and protect stateless persons.


4. To urge those states that have not yet done so, in accordance with the international instruments on statelessness to which they are party, to review their national legislation with a view to preventing and reducing statelessness and to strengthening national mechanisms for universal birth registration.
5. To urge the member states and the international community to collaborate on and support strengthening and consolidation of the programs of the United Nations High Commissioner for Refugees (UNHCR) in the area of identification, prevention, and reduction of statelessness and international protection of stateless persons.
6. To reaffirm the importance of international cooperation in the provision of appropriate technical and advisory services to prepare and implement legislation regarding nationality and effective protection to stateless persons.
7. To instruct the Permanent Council to emphasize, through the Committee on Juridical and Political Affairs and with support from the Department of International Law of the General Secretariat and technical and financial cooperation as may be provided by the UNHCR, the topic of statelessness in its promotional and training activities, particularly in view of the fact that this year marks the 50th anniversary of the adoption of the 1961 Convention on the Reduction of Statelessness.
8

. 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 which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.


AG/RES. 2666 (XLI-O/11)

PROTOCOL OF SAN SALVADOR: PRESENTATION OF PROGRESS INDICATORS FOR MEASURING RIGHTS UNDER THE PROTOCOL OF SAN SALVADOR


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

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4992/09 and addenda), as well as resolutions AG/RES. 2074 (XXXV-O/05), AG/RES. 2178 (XXXVI-O/06), AG/RES. 2262 (XXXVII-O/07), AG/RES. 2430 (XXXVIII-O/08), AG/RES. 2506 (XXXIX-O/09), and AG/RES. 2582 (XL-O/10);
CONSIDERING the provisions of the American Convention on Human Rights, Chapter III of which refers to economic, social, and cultural rights;
UNDERSCORING the entry into force, in November 1999, of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, “Protocol of San Salvador,” and its ratification by 15 member states of the Organization of American States;
RECALLING that, in Article 19 of the Protocol of San Salvador, the states parties undertake to submit, pursuant to the provisions of that article and the corresponding rules to be formulated for that purpose by the General Assembly, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in said Protocol;
TAKING INTO ACCOUNT that resolution AG/RES. 2074 (XXXV-O/05) adopted the “Standards for the Preparation of Periodic Reports Pursuant to Article 19 of the Protocol of San Salvador”; that resolution AG/RES. 2178 (XXXVI-O/06) instructed the Permanent Council to make proposals as soon as possible, through the Committee on Juridical and Political Affairs, on the composition and functioning of the working group established to examine the national reports in accordance with the Standards; and that resolution AG/RES. 2262 (XXXVII-O/07) approved the composition and functioning of the Working Group to examine the national reports;
TAKING NOTE of the preliminary document entitled “Guidelines for Preparation of Progress Indicators in the Area of Economic, Social, and Cultural Rights” (CP/doc.4250 corr. 1), presented to the Permanent Council by the Inter-American Commission on Human Rights in November 2007, in accordance with the mandate issued in resolution AG/RES. 2262 (XXXVII-O/07);
BEARING IN MIND that, by resolution AG/RES. 2582 (XL-O/10), the General Assembly entrusted the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador with the task of preparing progress indicators to be used for each group of protected rights on which national reports are to be provided;
RECOGNIZING that the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, on November 5, 2005, urged the member states to consider signing and ratifying, or acceding to, as the case may be, the Protocol of San Salvador, and to collaborate in the development of progress indicators in the area of economic, social, and cultural rights; and
TAKING INTO ACCOUNT that the Working Group is with its full complement of regular members, has been operative, therefore, since June 2010, and has prepared draft progress indicators for the group of protected social rights, based on the document “Guidelines for Preparation of Progress Indicators in the Area of Economic, Social, and Cultural Rights” (CP/doc.4250/07 corr. 1) and in accordance with the “Standards for the Preparation of Periodic Reports Pursuant to the Protocol of San Salvador”; and
That said draft was presented to the Permanent Council’s Committee on Juridical and Political Affairs on April 5, 2011,
RESOLVES:


  1. To thank and commend the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador for its preparation and presentation of the document “Progress Indicators for Measuring Rights under the Protocol of San Salvador.”




  1. To submit said document to a process of revision for the approval of indicators at the forty-second regular session of the General Assembly. To that end, to invite the member states to offer their comments by September 30, 2011.




  1. To hold a technical meeting in the CAJP framework in the fourth quarter of 2011 in order to analyze the periodical reports of the states parties to the Protocol of San Salvador, in order to conduct a comprehensive examination of the evaluation process, taking particular note of the document “Progress Indicators for Measuring Rights under the Protocol of San Salvador.”




  1. To request the Working Group to move forward with the definition of progress indicators for measuring the economic and cultural rights corresponding to the second group in the document “Progress Indicators for Measuring Rights Envisioned in the Protocol of San Salvador” prepared by the Inter-American Commission on Human Rights (IACHR) (CP/doc.4250/07 corr. 1).




  1. To extend, for two additional years, the mandate of the Working Group’s independent expert and government expert whose functions, in accordance with the rules set out in resolution AG/RES. 2262 (XXXVII-O/07), are to conclude in June 2012, in order to finish the work of preparing the indicators.




  1. To again entrust the Permanent Council with the election of the alternate government expert; and also to authorize the Secretary General to appoint the alternate independent expert on that same occasion.




  1. To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, “Protocol of San Salvador.”




  1. T

    o renew the invitation to contribute to the Specific Fund for the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador [(CP/RES. 972 (1761/10)] to all the states parties to the Protocol of San Salvador, the member states and permanent observers to the OAS, as well as national or international, public or private persons or entities, as defined in Article 74 of the General Standards to Govern the Operations of the General Secretariat and other provisions and regulations of the Organization.






  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 which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2667 (XLI-O/11)

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

THE GENERAL ASSEMBLY,


RECALLING resolutions AG/RES. 1971 (XXXIII-O/03), “The Protection of Refugees, Returnees, and Stateless and Internally Displaced Persons in the Americas,” AG/RES. 774 (XV-O/85), AG/RES. 838 (XVI-O/86), AG/RES. 951 (XVIII-O/88), AG/RES. 1021 (XIX-O/89), AG/RES. 1039 (XX-O/90), AG/RES. 1040 (XX-O/90), AG/RES. 1103 (XXI-O/91), AG/RES. 1170 (XXII-O/92), AG/RES. 1214 (XXIII-O/93), AG/RES. 1273 (XXIV-O/94), AG/RES. 1336 (XXV-O/95), AG/RES. 1416 (XXVI-O/96), AG/RES. 1504 (XXVII-O/97), AG/RES. 1602 (XXVIII-O/98), AG/RES. 1892 (XXXII-O/02), AG/RES. 2055 (XXXIV-O/04), AG/RES. 2140 (XXXV-O/05), AG/RES. 2229 (XXXVI-O/06), AG/RES. 2277 (XXXVII-O/07), AG/RES. 2417 (XXXVIII-O/08), and especially resolution AG/RES. 2578 (XL-O/10), “Internally Displaced Persons”;
REITERATING the principles established in the Charter of the Organization of American States and in the Inter-American Democratic Charter, especially those referred to in its Chapter III, “Democracy, Integral Development, and Combating Poverty”;
BEARING IN MIND the “Inter-American Program on the Promotion of Women’s Human Rights and Gender Equity and Equality,” which was adopted by the General Assembly of the Organization of American States (OAS) at its thirtieth regular session, held in Windsor, Canada, and endorsed by our Heads of State and Government at the Third Summit of the Americas, in Quebec City;
RECALLING the pertinent rules of international human rights, humanitarian, and refugee law; and recognizing that the protection of internally displaced persons has been reinforced by the definition and consolidation of specific protection standards, in particular the Guiding Principles on Internal Displacement, prepared by the Special Representative of the United Nations Secretary-General on Internally Displaced Persons;
RECALLING ALSO that, according to those guiding principles, internally displaced persons are “persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”;
EMPHASIZING that the states have the primary responsibility to respect, promote, and protect the human rights of all persons within their jurisdiction, including internally displaced persons, and to provide them with adequate and comprehensive protection and assistance, as well as to address, as appropriate, the causes of the internal displacement problem and to do so, when required, in cooperation with the international community;
RECOGNIZING the importance of taking a multidisciplinary approach to internal displacement and that several countries in the Hemisphere are using the Guiding Principles on Internal Displacement and including them in the development of national policies and strategies;
EMPHASIZING the importance of implementing effective measures for preventing and avoiding forced internal displacement and for protecting and assisting persons affected by displacement, including the communities and origin and reception, during displacement and during return or resettlement and reintegration, including through the implementation of applicable international law;
UNDERSCORING that to promote enhanced protection for internally displaced persons, comprehensive strategies and lasting solutions are needed, which include, among other aspects, a free and informed decision by internally displaced persons as to whether to return to their place of origin, to integrate locally in the place to which they were displaced, or to resettle elsewhere in the country; and
RECALLING the High-Level Conference “Ten Years of Guiding Principles on Internal Displacement – Achievements and Future Challenges,” held in Oslo, Norway, on October 16 and 17, 2008, at which the document “Protecting Internally Displaced Persons: A Manual for Law and Policymakers” was presented, to provide practical guidance to national authorities in their development and enactment of domestic legislation and policies on internal displacement in their countries and, as appropriate, in bringing domestic laws into line with the Guiding Principles,
RESOLVES:
1. To urge member states to include, as appropriate, in their sectoral plans, policies, and programs, the special needs of internally displaced persons and communities affected by internal displacement, in particular in the preparation of programs on prevention of the diverse causes and consequences of that displacement, including programs to foster development, fight poverty, and reduce the risks of natural disasters, in which the needs of receiving communities could be taken into account.
2. To urge member states to consider using the Guiding Principles on Internal Displacement, prepared by the Representative of the United Nations Secretary-General on the Human Rights of Internally Displaced Persons, as a basis for their plans, policies, and programs in support of displaced persons, and, in compliance with international law, in support of, inter alia, indigenous communities and communities of African descent, and also in support of the specific needs of children, women, the elderly, farm workers, and persons with disabilities.
3. To suggest that member states assess positively the usefulness of incorporating the Guiding Principles on Internal Displacement into their national laws in order to promote their implementation and transparency in policies for the protection of internally displaced persons.
4. In order to avert the internal displacement of persons, to encourage member states to address the factors that cause it and to establish preventive measures, such as early-warning systems and policies that mitigate the threat and the risk of displacement, bearing in mind that dialogue with all the actors involved is essential to the achievement of lasting solutions.
5. To call upon member states to comply with their obligations under applicable international humanitarian law, international human rights law, and refugee law in dealing with internally displaced persons and the communities affected by internal displacement, including in the prevention of internal displacement.
6. To urge member states, in keeping with their responsibility to internally displaced persons, based on comprehensive strategies and from a human rights and gender perspective, to commit to providing them with protection and assistance during displacement, through competent institutions; and to invite member states to commit to seeking lasting solutions, including the safe, voluntary, and dignified return of internally displaced persons and their resettlement and reintegration, whether in their place of origin or in the receiving community.
7. To urge states, in the care they provide to internally displaced persons, to protect their human rights through a comprehensive approach to disaster relief, particularly in disasters and for reconstruction of the communities affected by natural disasters, consistent with international human rights law and domestic law, taking into account the Guiding Principles on Internal Displacement. The member states may use different systems of care to address internal displacement.
8. To urge states to work together by fostering the exchange of best practices for the effective protection of the human rights of internally displaced persons as well as in the development and implementation of public policy to prevent displacement, including displacement caused by natural disasters, through measures to reduce disaster risk.
9. To encourage member states, in responding to the needs of internally displaced persons and the communities affected by internal displacement, to consider the Framework for Durable Solutions for internal displacement and the Operational Guidelines on Human Rights and Natural Disasters, prepared by the Representative of the United Nations Secretary-General on the Human Rights of Internally Displaced Persons, as well as “Protecting Internally Displaced Persons: A Manual for Law and Policymakers,” presented at the High-Level Conference “Ten Years of Guiding Principles on Internal Displacement–Achievements and Future Challenges,” and the Hyogo Framework for Action 2005-2015.
10. To encourage the states and competent authorities to seek, as necessary, new and appropriate ways of providing protection and assistance to displaced persons, in keeping with the different needs of residents of urban or rural areas or persons living in camps.
11. To urge the states to respond effectively to the needs of internally displaced persons in the event of natural disasters, including needs related to risk reduction and mitigation, through their domestic efforts, international cooperation, and, to the extent that is possible, in dialogue with the internally displaced persons and the communities affected by internal displacement.
12. To appeal to the appropriate agencies of the United Nations and the inter-American system, and to other humanitarian organizations and the international community, to provide support and/or assistance, as requested by states, in addressing the various factors that cause internal displacement and in assisting persons affected by internal displacement at all stages, where account should be taken of the Guiding Principles on strengthening of the coordination of humanitarian emergency assistance.
13. To instruct the Permanent Council to follow up as it sees appropriate on this resolution. The execution of the activities set out in this resolution shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

AG/RES. 2668 (XLI-O/11)




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