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 COMMISSION ON HUMAN RIGHTS
31/

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

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 (IACHR) to the General Assembly (reference pending);
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 OAS Charter, the American Convention on Human Rights, and the Statute of the IACHR, the principal function of the Commission is to promote the observance and defense of human rights; and
That in the Declaration of Commitment of the Fifth Summit of the Americas, held in Port of Spain, Trinidad and Tobago,32/ the Heads of State and Government expressed their “commitment to protect and promote human rights in our Hemisphere, and to the strengthening of the inter-American human rights system, with due respect for its autonomy and independence.” They also recognized that “all human rights are universal, indivisible and interdependent and interrelated” and that “the universal promotion and protection of human rights, including civil, political, economic, social and cultural rights, as well as respect for international law, including international humanitarian law, international human rights law and international refugee law, are essential to the functioning of democratic societies.” They further recognized the principles contained in the Vienna Declaration and Programme of Action, which reaffirms, inter alia, the importance of ensuring the universality and objectivity of the consideration of human rights issues;
TAKING NOTE:
Of the open and permanent invitations for the IACHR to visit extended by Argentina, Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Paraguay, Peru, and Uruguay;
Of the observations by some countries, during the presentation of the annual report of the IACHR to the Committee on Juridical and Political Affairs (CAJP), on April 14, 2011, on the importance of transparency in the use of information sources;

Of the appeal made by the member states in resolution CP/RES. 981 (1791/11) for sufficient resources to be allocated for the work of the IACHR;


Of the financial strengthening initiative carried out by the IACHR since 2010 and of the presentation made by the Commission’s President, including the strategic plan for the 2011-2015 period; and

Of the interest expressed by states, and embraced by the Commission, in the friendly settlement procedure, in order for the Commission to continue developing capabilities in this area and to play an active role in seeking out solutions. This procedure is considered of the highest importance to the system of individual petitions and cases;


RECOGNIZING:
The importance of continuing the dialogue conducted in the CAJP jointly with the IACHR, the states, and other users of the inter-American system, as part of the process of reflection on the system;
The readiness shown by the IACHR to continue a broad dialogue with the states and other users of the system with a view to ascertaining the methodology used to develop the information presented, including the selection of sources, and to improve and strengthen that methodology, where appropriate;
The fundamental work of protection performed by the IACHR, through the case and petition system;
The holding of three sessions of the IACHR in 2010, in the course of which 88 hearings and 47 working meetings were held; and
The working visits by IACHR members to Argentina, Brazil, Ecuador, El Salvador, Honduras, Mexico, Panama, and Paraguay; and
AWARE of the need of the IACHR for financial resources to fulfill its functions and mandates and exercise its powers, especially in processing petitions and individual cases,
RESOLVES:


  1. To adopt the Observations and Recommendations of the Member States on the Annual Report of the Inter-American Commission on Human Rights (IACHR) (CP/CAJP-3003/11) and to forward them to that organ.




  1. To reaffirm the essential value of the functions carried out by the IACHR in enhancing the promotion and protection of human rights and strengthening 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, the American Convention on Human Rights (Pact of San José, Costa Rica) and all other legal instruments of the inter-American human rights system; and




  1. Continue to follow up on the recommendations of the IACHR.




  1. To note with satisfaction the decisions taken by the 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 the 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 periodically to hold specialized seminars for government officials on the inter-American system for the promotion and protection of human rights.




  1. To recommend that the Commission place the highest priority on the strengthening and the application of the friendly settlement mechanism among the 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. With regard to financing of the IACHR, to:




  1. Instruct the Permanent Council to continue analyzing, as a matter of priority, ways to achieve an effective increase in the financial resources allocated to the IACHR in the program-budget of the Organization and to seek specific solutions in that regard. To that end, to thank the Secretary General for his work and to urge him to continue his efforts and to present additional proposals aimed at achieving adequate financing for the IACHR in said program-budget;




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




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




  1. Invite the IACHR to inform the member states of the results of the additional initiatives for its funding.




  1. To reaffirm that it is important for 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 Web 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 rapporteurs;




  1. Continue to participate, through the members of the Commission, in the dialogue with member states in the context of the CAJP, in order to follow up on the observations and comments of the states contained in the reports on the meetings held on October 26, 2004 (CP/CAJP/SA.412/04 corr. 1 and CP/CAJP/INF.17/04), March 9, 2005 (CP/CAJP-2311/05 add. 2 and 2-a), March 30, 2007 (CP/CAJP-2526/07), April 4, 2008 (CP/CAJP-2644/08), March 20, 2009 (CP/CAJP-2769/09), May 14, 2010 (CP/CAJP-2604/10), March 17, 2011, and April 14, 2011 (CP/CAJP-3002/11);




  1. Examine the possibility of functioning on a permanent basis, in consideration of the available resources and other factors;




  1. Continue consultations on its proposed regulatory amendments prior to their adoption, providing grounds for them based on their origin and purposes.




  1. To reiterate that it is important for the IACHR to bear in mind the proposals and comments made by the member states in the framework of the dialogue between the member states and the members of the IACHR and of the Court on the functioning of the inter-American human rights system, held on March 20, 2009, especially those contained in document CP/CAJP-2665/08 rev. 8 corr. 3, “Results of the Process of Reflection on the Inter-American System for the Promotion and Protection of Human Rights (2008-2009),” which was officially presented on that occasion to the Presidents of the two organs of the system as a contribution by the states to the reform process undertaken by the IACHR and the Inter-American Court of Human Rights in a context of the fullest possible respect for the autonomy and independence of those organs, as well as the contributions by civil society and other actors, as set out in the report of that meeting (CP/CAJP-2769/09), and to adopt such measures as it deems appropriate in the context of its autonomy and independence.




  1. To call upon the IACHR to continue the dialogue with the states and other users of the system on the methodology used to develop the information presented in Chapter IV of its annual report, inviting joint reflection on how to improve the efficacy of this mechanism.




  1. 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.




  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.



FOOTNOTES


        1. it has signed. As regards the important work that the Inter-American Commission on Human Rights (IACHR) is called upon to perform, we consider it necessary that said Commission refrain from applying a double standard in its analyses of the human rights situation in the region. Transparency, the veracity of the sources of information, impartiality and universality are the elements that will contribute to greater objectivity in the documents of the Committee, so that its recommendations should not be used as a tool for exerting political pressure on some states.




        1. expressed its view that the Declaration of the Fifth Summit of the Americas was unacceptable and inadequate as it did not resolve a number of matters that were extremely important for the Hemisphere and were still under discussion. Nor does Nicaragua accept that references may be made to that Declaration in the resolutions to be adopted by the OAS General Assembly. Nicaragua reaffirms that the items on the General Assembly agenda should be derived from the debates and deliberations of the Heads of State and Government in Trinidad and Tobago.

AG/RES. 2673 (XLI-O/11)




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