Original: Spanish declarations and resolutions adopted by the general assembly




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DRAFT AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

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

THE GENERAL ASSEMBLY,
RECALLING resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES. 1549 (XXVIII-O/98), AG/RES. 1610 (XXIX-O/99), AG/RES. 1708 (XXX-O/00), AG/RES. 1780 (XXXI-O/01), AG/RES. 1851 (XXXII-O/02), AG/RES. 1919 (XXXIII-O/03), AG/RES. 2029 (XXXIV-O/04), AG/RES. 2073 (XXXV-O/05), AG/RES. 2234 (XXXVI-O/06), AG/RES. 2294 (XXXVII-O/07), AG/RES. 2368 (XXXVIII-O/08), AG/RES. 2498 (XXXIX-O/09), and AG/RES. 2565 (XL-O/10);
HAVING SEEN the report of the Chair of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples on the activities carried out in 2010-2011 (GT/DADIN/doc.409/11), including the Thirteenth Meeting of Negotiations in the Quest for Points of Consensus, and the report on that meeting (GT/DADIN/doc.406/11);
UNDERSCORING the results of the Thirteenth Meeting of Negotiations in the Quest for Points of Consensus on the Draft American Declaration on the Rights of Indigenous Peoples, held in Washington, D.C., United States of America, from January 18 to 20, 2011, and in particular the concerted efforts of the states parties and the Indigenous Caucus to move forward in their quest for points of consensus;
ACKNOWLEDGING WITH SATISFACTION the outstanding efforts of the Working Group during this period through its Chair; and
RECOGNIZING the importance of contributions to the Specific Fund to Support the Elaboration of the American Declaration on the Rights of Indigenous Peoples, which enable effective participation by indigenous representatives in the meetings of negotiation,
RESOLVES:


  1. To reaffirm the will and the commitment of the OAS member states to the process surrounding the Draft American Declaration on the Rights of Indigenous Peoples.




  1. To renew the mandate of the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples to continue holding its Meetings of Negotiations in the Quest for Points of Consensus, so as to complete the drafting of the Declaration, on the basis of the “Record of the Current Status of the Draft American Declaration on the Rights of Indigenous Peoples,” hereinafter “Record of the Current Status” (GT/DADIN/doc.334/08 rev. 6), and taking into consideration the “Compendium of Proposals of Negotiations in the Quest for Points of Consensus Held by the Working Group,” issued by the Thirteenth Meeting of Negotiations in the Quest for Points of Consensus (GT/DADIN/doc.255/06 add. 4), and other pertinent documents of the Working Group.

  2. To request the Permanent Council to instruct the Working Group to:




    1. H

      old up to two three-day Meetings of Negotiations in the Quest for Points of Consensus prior to the forty-second regular session of the General Assembly;






    1. Convene the Meetings of Negotiations in the Quest for Points of Consensus on the Draft American Declaration on the Rights of Indigenous Peoples three months in advance; and




    1. Take the appropriate measures to ensure the effective participation in these meetings of member states and representatives of the indigenous peoples.




  1. To invite the member states to conduct consultations or dialogues on the Draft American Declaration on the Rights of Indigenous Peoples with the respective indigenous peoples.




  1. To request the Selection Board of the Specific Fund to continue to work according to the principles of transparency established in the resolution CP/RES. 951 (1691/09) “Specific Fund to Support the Elaboration of the American Declaration on the Rights of Indigenous Peoples.”




  1. To thank the member states, permanent observers, and institutions for their valuable contributions to the Specific Fund, which will make it possible to hold the meetings suggested for the period covered by this resolution; and to invite all the states and institutions to continue supporting the purposes of the Fund through their contributions.




  1. To request the General Secretariat and the organs, agencies, and entities of the Organization to continue to lend their valuable support to the process of drafting the American Declaration on the Rights of Indigenous Peoples; and to thank them for their ongoing contribution to that process.




  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. 2675 (XLI-O/11)

STRENGTHENING OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM PURSUANT TO THE MANDATES ARISING FROM THE SUMMITS OF THE AMERICAS
(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.5111/10), as it pertains to this topic;
REAFFIRMING ALSO the importance of the inter-American system for the promotion and protection of human rights, whose organs have competence to promote the observance of human rights in all member states of the Organization of American States (OAS), in accordance with the commitments undertaken by each state, and operate in a manner subsidiary to national jurisdictional systems;
REITERATING the 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”; recognizing 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”; and recognizing the principles set forth 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;
EXPRESSING that strengthening the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights (IACHR), in the context of the applicable instruments adopted by the member states, will lead to improvements in the inter-American human rights system;
RECALLING the Meeting in Mexico on the Strengthening of the Inter-American Human Rights System, held on June 25 and 26, 2008, in Mexico City, in which Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Panama, Paraguay, and Peru participated, at the invitation of Mexico, and whose results are set out in document CP/doc.4329/08, which was endorsed by the Permanent Council on July 24, 2008;
RECOGNIZING the need to encourage, in the domestic systems of the member states, mechanisms and legal provisions that promote compliance with the decisions of the Inter-American Court of Human Rights, as applicable, and follow-up on the recommendations of the IACHR, based on the rules that respectively govern them, as factors that contribute to strengthening national human rights systems; and the efforts of the member states who are developing, or have developed, mechanisms and legal provisions to that end;

BEARING IN MIND the Declarations and Plans of Action of the third, fourth, and fifth Summits of the Americas,33/ held in Quebec City, Canada; Mar del Plata, Argentina; and Port of Spain, Trinidad and Tobago, respectively; and, in particular, paragraphs 1, 82, and 83 of the Declaration of Commitment of Port of Spain; and


TAKING NOTE of the processes of strengthening the finances of the inter-American human rights system initiated by the Inter-American Court of Human Rights and the IACHR in 2010, and of the summary given by the Chair of the technical meeting for coordination and support to the inter-American human rights system, to which an open invitation was issued and in which a number of OAS member states participated, held in Ottawa, Canada, on March 1 and 2, 2011,
RESOLVES:


  1. To reaffirm the commitment of the member states to continue strengthening and improving the inter-American system for the promotion and protection of human rights and, in that connection, to continue to take the following concrete measures aimed at implementing the respective mandates of the Heads of State and Government arising from the Summits of the Americas:




    1. Universalization of the inter-American human rights system by considering the signature and ratification or ratification of, or accession to, as soon as possible and as the case may be, all universal and inter-American human rights instruments;




    1. Compliance with the decisions of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights (IACHR);




    1. Improvement of access by victims to the mechanisms of the inter-American human rights system;




    1. Adequate financing of the Inter-American Court of Human Rights and the IACHR, including the encouragement of voluntary contributions, so that they may continue to address their activities and responsibilities; and




    1. Examination of the possibility of the Inter-American Court of Human Rights and the IACHR operating on a permanent basis.

2. To recognize the progress made in the context of the broad process of reflection on the inter-American system for the promotion and protection of human rights, within the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council, and the importance of the informal meetings held for that purpose in the framework of the CAJP and of the exchange of proposals and comments between the member states and the organs of the inter-American human rights system, regarding ways to strengthen and improve it, which were set forth 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 submitted on March 20, 2009, to the Presidents of the two organs of the system, as a contribution by the states to the reform process that the IACHR and the Inter-American Court of Human Rights have embarked upon, in a context of full respect for the autonomy and independence of those organs.


3. To recognize the progress made to date and to instruct the Permanent Council to meet the objectives mentioned in operative paragraph 1 by:


  1. Continuing the broad process of reflection on the inter-American system for the promotion and protection of human rights, as a matter of special importance in the work program of the CAJP adopted each year; to that end, meetings should be scheduled taking into account the proposals put forward in the discussions that took place in said Committee. Said process of reflection will continue in consultation with the member states, specialized agencies of the inter-American human rights system, nongovernmental organizations, national human rights institutes, academic institutions, and experts in the field, regarding:




  1. The major challenges facing the inter-American system for the promotion and protection of human rights in the Hemisphere;




  1. Possible actions to strengthen and improve the system; and




  1. The advisability of convening an inter-American human rights conference;




  1. Supporting the financial strengthening initiatives taken by the Inter-American Court of Human Rights and the IACHR to request funding from international and regional agencies to further the activities of the organs of the inter-American system for the promotion and protection of human rights. In this context, to express appreciation for the efforts of the OAS Secretary General and to urge him to prepare and submit a proposal in support of the aforementioned initiatives, putting forward measures for effectively increasing the economic resources assigned to the Inter-American Court of Human Rights and to the IACHR in the OAS program-budget;




  1. Encouraging, in addition, member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights, as well as to the Oliver Jackman Voluntary Capital Fund, established by resolution AG/RES. 2329 (XXXVII-O/07);




  1. Continuing to consider ways to promote compliance with the decisions of the Inter-American Court of Human Rights and implementation of the recommendations of the IACHR by member states; and, to that end, requesting the Inter-American Juridical Committee to give priority to the preparation of a study on ways to strengthen the inter-American human rights system;




  1. Continuing to analyze the priorities for improvement of the inter-American system for the promotion and protection of human rights, including consideration of the possibility that the Inter-American Court of Human Rights and the IACHR may come to operate on a permanent basis;




  1. Holding each year, within the CAJP, the dialogue between the member states and the members of the Inter-American Commission on Human Rights and judges on the Inter-American Court of Human Rights on how the inter-American human rights system operates. The CAJP will establish the agenda for said meeting at least two months in advance; and




  1. Requesting the Inter-American Court of Human Rights and the IACHR to continue to report on the impact and practical significance of their regulatory reforms for the work of both organs and for the strengthening of the system.

4. To express its appreciation to the member states (Chile, Colombia, Costa Rica, and Mexico) and permanent observers (Spain and Norway) for their voluntary contributions in 2010 to the Inter-American Court of Human Rights. To thank also the Office of the United Nations High Commissioner for Refugees (UNHCR) for the contributions it made to this organ during the same period.


5. To express its appreciation to Canada, Chile, Colombia, Costa Rica, Mexico, and the United States, and to the permanent observers of the European Union, Finland, France, Luxembourg, Spain, Sweden, Switzerland, and the United Kingdom of Great Britain and Northern Ireland for their voluntary contributions to the IACHR in 2010. To also thank the Canadian International Development Agency, the United Nations Children’s Fund, the United Nations Population Fund, the Swedish Foundation for Human Rights, Save the Children/Sweden, and the University of Notre Dame, which made contributions to this organ during the same period.
6. To continue to promote the strengthening of national systems for the promotion and protection of human rights in member states; and, to that end, to urge the pertinent organs, agencies, and entities of the Organization to provide, in accordance with their capabilities and resources, cooperation and technical support to the member states that so request, in order to help enhance compliance with their international human rights obligations, and to develop cooperative relations and information exchange with, inter alia, the Ibero-American Federation of Ombudsmen, the Caribbean Ombudsmen’s Association, the Network of National Human Rights Institutions of the Americas, the Andean Council of Ombudsmen, and the Central American Ombudsman Council.
7. 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.

FOOTNOTE


1. … and Tobago. During that event, Nicaragua 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. 2676 (XLI-O/11)


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