Original: Spanish declarations and resolutions adopted by the general assembly




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PROTECTION OF ASYLUM SEEKERS AND REFUGEES IN THE AMERICAS

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



THE GENERAL ASSEMBLY,
RECALLING resolutions AG/RES. 2597 (XL-O/10), AG/RES. 2511 (XXXIX-O/09), AG/RES. 2296 (XXXVII-O/07), and AG/RES. 2402 (XXXVIII-O/08), “Protection of Asylum Seekers and Refugees in the Americas,” resolution AG/RES. 2232 (XXXVI-O/06), “Protection of Asylum Seekers, Refugees, and Returnees in the Americas,” and resolutions AG/RES. 1762 (XXX-O/00), AG/RES. 1832 (XXXI-O/01), AG/RES. 1892 (XXXII-O/02), AG/RES. 1971 (XXXIII-O/03), and AG/RES. 2047 (XXXIV-O/04);
EMPHASIZING the American Hemisphere’s contribution to strengthening protection of asylum seekers and refugees as well as international refugee law;
NOTING THAT 2011 marks the 60th anniversary of the 1951 Convention Relating to the Status of Refugees, which sets forth the essential principles and concepts for the international protection of refugees; and noting the commemoration initiated by the Office of the United Nations High Commissioner for Refugees (UNHCR), which will culminate with a meeting at the ministerial level in the framework of the United Nations to be held in Geneva on December 7 and 8, 2011;
WELCOMING that 28 member states of the Organization of American States (OAS) have acceded to the 1951 Convention Relating to the Status of Refugees, and 30 to its 1967 Protocol; that most of those countries have incorporated the provisions of those instruments into their domestic laws and regulations; that over the past year Costa Rica, Colombia, and Chile have adopted new legal and regulatory provisions for the protection of refugees; that Jamaica adopted a new policy on refugees in March 2009; and that, at the beginning of 2011, Mexico promulgated the Law on Refugees and Complementary Protection;
UNDERSCORING the importance of the Cooperation Agreement signed on November 12, 2007, by the OAS General Secretariat and the Office of the United Nations High Commissioner for Refugees (UNHCR) to promote international refugee law in the Hemisphere;
RECOGNIZING the commitment assumed by the OAS member states to continue extending protection to asylum seekers and refugees on the basis of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, and to seek durable solutions to their situation;
UNDERSCORING the humanitarian and apolitical nature of international protection of refugees;
WELCOMING the International Meeting on Refugee Protection, Statelessness and Mixed Migration Movements in the Americas, organized by the Ministry of Justice of Brazil and held on November 11, 2010, in Brasilia, in the context of the celebration of the UNHCR’s 60th anniversary, and the commemorations of the 60th anniversary of the 1951 Convention Relating to the Status of Refugees and the 50th anniversary of the 1961 Convention on the Reduction of Statelessness;
NOTING that the aforementioned International Meeting adopted the Brasilia Declaration on the Protection of Refugees and Stateless Persons in the Americas, the recommendations of which seek to revitalize the lasting solutions component of the 2004 Mexico Plan of Action to Strengthen the International Protection of Refugees in Latin America, to strengthen its application as a regional approach to the new challenges of refugee identification and protection in the context of mixed migration movements, and to promote ratification of the conventions on statelessness and the protection of stateless persons;
RECOGNIZING ALSO the efforts that countries of origin have been making, with support from the international community, to deal with the circumstances that generate flows of persons seeking international protection as refugees and the importance of persisting in those efforts;
EMPHASIZING the efforts made by some receiving countries of the region, even under difficult socioeconomic conditions, to continue extending protection to asylum seekers and refugees;
UNDERSCORING the importance of international technical and financial cooperation to adequately address, and to find or, as appropriate, support durable solutions to the situation of refugees and asylum seekers; and noting with satisfaction, in this context, the signing of agreements between the UNHCR and various countries of the region aimed at improving national protection mechanisms; and
RECOGNIZING the responsibility of States to provide international protection to refugees, based on the principles of international solidarity and shared responsibility,39/
RESOLVES:


  1. To call upon all states to uphold and respect the international principles for the protection of refugees, in particular the principle of non-refoulement.




  1. To recognize and reaffirm, on the occasion of its 60th anniversary, the full effect and fundamental importance of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol as the principal instruments for refugee protection; and to reaffirm the commitment of the states parties to those instruments to implement fully and effectively the obligations set forth therein, in accordance with their object and purpose.




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




  1. To continue to support, with assistance from the international community and from the Office of the United Nations High Commissioner for Refugees (UNHCR), the Mexico Declaration and Plan of Action to Strengthen the International Protection of Refugees in Latin America and, considering the recommendations of the Brasilia Declaration, to revitalize the application of its principles so as to meet, under a regional approach, the new challenges of refugee identification and protection in the context of mixed migration movements.




  1. To urge member states and the international community to collaborate in and support the strengthening and consolidation of the “Borders of Solidarity,” “Cities of Solidarity,” and “Resettlement in Solidarity” programs proposed in the Mexico Plan of Action. In particular, to urge member states to continue promoting actions to guarantee the enjoyment of refugees’ rights, acknowledging the progress made in the context of the “cities of solidarity” program and taking into consideration the objectives of the UNHCR’s new policy in this field.




  1. To urge all member states to participate actively in the commemorations initiated by the UNHCR and to consider, should they see fit, undertaking voluntary commitments, individually or collectively, that strengthen the protection of asylum seekers and refugees in the Hemisphere and that reflect specific national and regional circumstances, with a view to presenting them to the December 2011 ministerial meeting.




  1. To reaffirm the importance and the vital role of international cooperation in the search for, and strengthening of, durable solutions to address the situation of refugees and asylum seekers; and to urge member states and the international community to increase technical and economic cooperation to the countries of the Hemisphere that receive refugees and that so require, and to work in cooperation with the UNHCR to provide effective protection to asylum seekers and refugees in the region.




  1. To recognize the efforts and the progress that the countries of origin have made, and to encourage them, to the extent of their ability and with support from the UNHCR and the international community, to continue making efforts to deal with the circumstances that generate flows of asylum seekers.




  1. To recognize the efforts and progress that countries of the Hemisphere that receive refugees have made in implementing protection mechanisms, in accordance with international refugee law and the international principles of refugee protection established therein.




  1. To instruct the Permanent Council to organize, through the Committee on Juridical and Political Affairs and with support from the Department of International Law of the General Secretariat and the technical and financial collaboration of the UNHCR, a course prior to the forty-third regular session of the General Assembly on international refugee law for staff of the permanent missions of the member states and of the General Secretariat and for other interested parties.




  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.

FOOTNOTE

1. … of international cooperation mechanisms to seek and consolidate lasting solutions in this matter, it has reservations to the contents of this paragraph, inasmuch as the delegation of Colombia understands that the concept of shared responsibility is still being developed. It is a concept regarding which there is no uniform position in the international community and it is not supported by obligations or commitments undertaken by Colombia in this matter in accordance with international law currently in force and applicable in Colombia.

AG/RES. 2679 (XLI-O/11)

RIGHT TO FREEDOM OF THOUGHT AND EXPRESSION


AND THE IMPORTANCE OF THE MEDIA
(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 add. 2 – Draft resolutions and declarations considered by the Permanent Council and submitted to the Plenary for its consideration);
TAKING INTO ACCOUNT resolutions AG/RES. 2237 (XXXVI-O/06), AG/RES. 2287 (XXXVII-O/07), and AG/RES. 2434 (XXXVIII-O/08), AG/RES. 2523 (XXXIX-O/09), “Right to Freedom of Thought and Expression and the Importance of the Media”;
UNDERSCORING the Declaration of Santo Domingo: Good Governance and Development in the Knowledge-Based Society [AG/DEC. 46 (XXXVI-O/06)], adopted on June 6, 2006;
RECALLING that the right to freedom of thought and expression, which includes the freedom to seek, receive, and impart information and ideas of all kinds, is recognized in Article IV of the American Declaration of the Rights and Duties of Man, Article 13 of the American Convention on Human Rights, the Inter-American Democratic Charter (including in Article 4), the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other international instruments and national constitutions, as well as in United Nations General Assembly resolution 59 (I) and resolution 104 of the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO);
RECALLING ALSO that Article IV of the American Declaration of the Rights and Duties of Man states that “[e]very person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever”;
RECALLING FURTHER that Article 13 of the American Convention on Human Rights states that:


  1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one’s choice.




  1. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:




    1. Respect for the rights or reputations of others; or




    1. The protection of national security, public order, or public health or morals.




  1. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.




  1. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.




  1. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law;

RECALLING the principles set forth in the Declaration of Principles on Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of October 2000;


RECALLING the relevant volumes of the annual reports of the IACHR for 2006, 2007, 2008, 2009 and 2010 on freedom of expression, as well as the comments by member states during meetings at which said reports were presented;
TAKING INTO ACCOUNT resolutions 2004/42 and 2005/38, “The Right to Freedom of Opinion and Expression,” of the United Nations Commission on Human Rights; and
RECALLING the significance of the studies and contributions approved by UNESCO regarding the contribution of the media to strengthening peace, tolerance, and international understanding, to promoting human rights, and to countering racism and incitement to war,
RESOLVES:


        1. To reaffirm the right to freedom of thought and expression and to call upon member states to respect and ensure respect for this right, in accordance with applicable international human rights instruments, including the American Convention on Human Rights and the International Covenant on Civil and Political Rights, among others.




        1. To reaffirm that freedom of expression and dissemination of ideas are fundamental for the exercise of democracy.




        1. To urge member states to safeguard, within the framework of applicable international instruments, respect for freedom of expression in the media, including radio and television, and, in particular, respect for the editorial independence and freedom of the media.




        1. To urge those member states that have not yet done so to consider signing and ratifying, ratifying, or acceding to, as the case may be, the American Convention on Human Rights.




        1. To reaffirm that free and independent media are fundamental for democracy, for the promotion of pluralism, tolerance, and freedom of thought and expression, and for the facilitation of dialogue and debate, free and open to all segments of society, without discrimination of any kind.




        1. To urge member states to promote a pluralistic approach to information and multiple points of view by fostering full exercise of freedom of thought and expression, access to the media, and diversity in the ownership of media outlets and sources of information, through, inter alia,: transparent licensing systems and, as appropriate, effective regulations to prevent the undue concentration of media ownership.




        1. To urge member states to consider the importance of including, in their domestic legal systems, rules about the establishment of alternative or community media and safeguards to ensure that they are able to operate independently, so as to broaden the dissemination of information and opinions, thereby strengthening freedom of expression with a pluralist approach and taking into account democratic criteria that provide equal opportunities of access to them for all individuals.




        1. To call upon member states to adopt all necessary measures to prevent violations of the right to freedom of thought and expression and to create the necessary conditions for that purpose, including ensuring that relevant national legislation complies with their international human rights obligations and is effectively implemented.




        1. To urge member states to review their procedures, practices, and legislation, as necessary, to ensure that any limitations on the right to freedom of opinion and expression are only such as are provided for by law and are necessary for respect of the rights or reputations of others or for the protection of national security, public order (ordre public), or public health or morals.




        1. To recognize the valuable contribution of information and communication technologies, such as the Internet, to the exercise of the right to freedom of expression and to the ability of persons to seek, receive, and impart information, as well the contributions they can make to the fight against racism, racial discrimination, xenophobia, and related and contemporary forms of intolerance, and to the prevention of human rights abuses.




        1. To request the Inter-American Commission on Human Rights (IACHR) once again to follow up on and deepen its study of the issues addressed in the relevant volumes of its 2006, 2007, 2008, 2009, and 2010 annual reports on freedom of expression, on the basis, inter alia, of the inputs on the subject that it receives from member states.




        1. To invite member states to consider the recommendations made by the Office of the Special Rapporteur for Freedom of Expression of the IACHR.




        1. To request the Permanent Council to hold a meeting of national authorities in this field with a view to exchanging experiences and information and engaging in political dialogue among the member states on new trends and debates regarding the right to freedom of thought and expression, the importance of the media in the Hemisphere, and the right of every individual to seek, receive, and impart information. Invitees to that meeting will, moreover, include members of the Inter-American Court of Human Rights and of the Inter-American Commission on Human Rights, including the Special Rapporteur for Freedom of Expression, and experts from the member states, all for the purpose of sharing their experiences with these issues.




        1. To take into consideration the findings of, and views expressed at, the 2008 and 2009 special meetings on freedom of thought and expression, held in the framework of the Committee on Juridical and Political Affairs.




        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. 2680 (XLI-O/11)

Promotion of the rights to freedom of assembly


and of association IN THE AMERICAS
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


BEARING IN MIND the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, which establish that all persons shall be entitled to freedom of peaceful assembly and association;
TAKING INTO ACCOUNT resolutions AG/RES. 2579 (XL-O/10) “Human Rights Defenders: Support for Individuals, Groups, and Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas”; AG/RES. 2612 (XL-O/10) “Increasing and Strengthening Civil Society Participation in the Activities of the Organization of American States and in the Summits of the Americas Process”; AG/RES. 2344 (XXXVII-O/07) “Citizen Participation and Strengthening of Democracy in the Americas”; AG/RES. 2351 (XXXVII-O/07) “Civil Society Organizations and the Protection of Human Rights and Promotion of Democracy”; AG/RES. 1915 (XXXIII-O/03) “Increasing and Strengthening Civil Society Participation in OAS Activities,” CP/RES. 759 (1217/99), “Guidelines for the Participation of Civil Society Organizations in OAS Activities,” CP/RES. 840 (1361/03), “Strategies for Increasing and Strengthening Participation by Civil Society Organizations in OAS Activities”, and the “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms”;
REAFFIRMING that the participatory nature of democracy in our countries in different aspects of public life contributes to the consolidation of democratic values and to freedom and solidarity in the Hemisphere;
REAFFIRMING that every state has the right to choose, without external interference, its political, economic, and social system and to organize itself in the way best suited to it, and has the duty to abstain from intervening in the affairs of another State. Subject to the foregoing, the American states shall cooperate fully among themselves, independently of the nature of their political, economic, and social systems;
CONSIDERING that the freedom of peaceful assembly and association, and to seek, receive, and impart information and ideas of all kinds by any medium whatsoever, is provided for in the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, the Inter-American Democratic Charter, as well as in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;
REAFFIRMING that each state has the right to develop its cultural, political, and economic life freely and naturally. In this free development, the state shall respect the rights of the individual and the principles of universal morality;
REAFFIRMING that everyone has the rights to freedom of peaceful assembly and of association and that no one may be compelled to belong to an association;
REAFFIRMING that the elimination of all forms of discrimination, particularly gender, ethnic, and racial discrimination and the different forms of intolerance, and the promotion of the human rights of indigenous peoples and migrants and of respect for ethnic, cultural, and religious diversity in the Americas contribute to strengthening democracy and citizen participation;
REAFFIRMING the recognition made at the 1993 World Conference on Human Rights that all human rights are universal, indivisible, interdependent, and interrelated, and the call it made on all governments to take all appropriate measures in compliance with their international obligations and with due regard to their respective legal systems to counter intolerance and related violence based on religion or belief, including practices of discrimination against women and including the desecration of religious sites, recognizing that every individual has the right to freedom of thought, conscience, expression, and religion;
NOTING the recent establishment of a mandate for a Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association by the UN Human Rights Council through UN Human Rights Council resolution A/HRC/RES/15/21;
CONCERNED that situations exist in the Americas that directly or indirectly prevent or hinder the work of governments, individuals, or independent democratic groups, or organizations working to promote and protect human rights and fundamental freedoms;
RENEWING its trust in the commitment of all the countries to find ways to achieve the well-being of their peoples and to reinforce the universal values of sovereignty, liberty, independence, peace, solidarity, the common good, peaceful coexistence and the rule of law, and respect for human rights for this and for future generations; as well as to ensure social justice and equality before the law without any kind of discrimination;
CONCERNED ALSO about the increase in new restrictive legislation regulating the creation and operation of non-governmental organizations and any abuse of civil or criminal proceedings against them because of their activities for the promotion and protection of human rights and fundamental freedoms;
REAFFIRMING ALSO that every American state has the duty to respect the rights enjoyed by every other state in accordance with international law;
STRESSING that the fundamental rights of states may not be impaired in any manner whatsoever;
RECOGNIZING:
The importance of participation by civil society organizations and other social actors in consolidating democracy in all member states;
That all social actors, including civil society organizations, can contribute to the workings of the bodies and organizations of the inter-American system; and
That exercising the rights to freedom of peaceful assembly and of association, in line with the parameters set by international law, in particular international human rights law, is indispensable to the full enjoyment of these rights, particularly where individuals may espouse minority or dissenting religious or political beliefs,
RESOLVES:


  1. To urge member states to adhere to or ratify, or both, as applicable, the American Convention on Human Rights and the other instruments of the universal inter-American system for the protection of human rights.




  1. To urge member states to promote and foster various forms of community citizen participation in decision-making processes related to integral development, thus helping to resolve problems affecting them, to ensure that the benefits of democracy are shared by society as a whole, and to strengthen and consolidate democracy and human rights.




  1. To call upon member states to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are within the framework of national constitutions and laws and in accordance with their obligations under international human rights law and agreements.




  1. To recommend that member states promote and strengthen alternative methods of communication and information.




  1. To again recommend to member states that they develop and, as the case may be, expand networks of information on public policies and programs in order to enable citizens to play a much more effective role in decision-making in government.




  1. To encourage member states to ensure that applicable national law allows human rights defenders and their organizations to carry out their work in a free, transparent, and open political environment and in a manner consistent with applicable international human rights and humanitarian law.




  1. To encourage all social actors, including civil society, to promote the enjoyment of the rights to freedom of peaceful assembly and of association, recognizing that civil society can contribute to the fulfillment of the principles and purposes of the OAS Charter.




  1. To invite the General Secretariat to continue to support member states that so request in their efforts to increase the institutional capacity of their governments to receive, absorb, and act on, when appropriate, input and advocacy of all social actors, if possible through the use of information and communication technologies. 




  1. To instruct the Permanent Council to prepare and convene a special meeting to exchange experiences, views and best practices that serve to promote the rights to freedom of assembly and of association.




  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. Execution of the activities identified herein shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.



AG/RES. 2681 (XLI-O/11)

INCREASING ACCESS TO TELECOMMUNICATIONS AND INFORMATION AND COMMUNICATION TECHNOLOGIES THROUGH STRENGTHENING OF THE


INTER-AMERICAN TELECOMMUNICATION COMMISSION
(Adopted at the fourth plenary session, held on June 7, 2011)

THE GENERAL ASSEMBLY,


CONSIDERING that broad access to telecommunications and information and communication technologies (ICTs) is essential for promoting sustainable development, poverty alleviation, and job creation;
BEARING IN MIND resolution AG/RES. 2545 (XL-O/10), “Promotion by the Inter-American Telecommunication Commission (CITEL) of Cooperation for the Development and Dissemination of Information and Communication Technologies in the Americas,” which “urges CITEL to continue coordinating efforts to harmonize, develop, and improve telecommunication/ICTs and to continue to provide a platform where policymakers, regulators, private sector representatives, researchers, academics, and other interested parties can exchange views, experiences, and best practices in this area that contribute to promoting the inclusion of the countries of the region in the Information and Knowledge-based Society;”
EMPHASIZING that the International Telecommunication Union (ITU) World Telecommunication Development Conference 2010 included “among the high priorities of ITU support for initiatives under the "Agenda for Connectivity in the Americas", recommending the use of mechanisms to help to achieve the necessary results for each country and region, and promote the exchange of information on the development of connectivity activities globally”;
RECOGNIZING:
That CITEL is the principal platform in the Americas where member states and the private sector meet to discuss key telecommunication and ICT issues and to develop Inter-American Proposals (IAPs) for their submission at key conferences of the International Telecommunication Union (ITU);
That the harmonious and balanced development of telecommunications infrastructure is beneficial for both developed and developing countries;
That it is necessary to coordinate efforts and develop partnerships with diverse stakeholders, including the private sector, in order to ensure a harmonious and balanced development of telecommunications infrastructure at the national and regional level in the Hemisphere;
That there is a need to continue promoting training programs at the national and regional level to generate expertise on new telecommunication technologies and the corresponding policy and strategy matters; and
That, in the context of the financial situation of the OAS, member states commend the important efforts of CITEL to rationalize its operations in order to optimize the use of financial resources and encourage CITEL to continue these efforts, to the extent possible, without detriment to its mandates and core competencies, in accordance with resolutions AG/RES. 2545 (XL-O/10) and AG/RES. 2546 (XL-O/10).
RESOLVES:
1. To renew its call on CITEL to continue to collaborate closely with member states in order to exchange best practices on policy, technologies, and national strategies on telecommunication/ICTs and to promote even more vigorously the use of all appropriate media to serve rural, isolated, and underserved areas.
2. To invite CITEL to continue its efforts at rationalizing its operations in accordance with its mandate and core competencies.
3. To instruct CITEL to continue to promote human capacity building in the region in different aspects of the telecommunication/ICT sector, allocating the necessary budget funds for that purpose.
4. To urge member states to identify ways and means to support CITEL in fulfilling its mandates, including mechanisms to encourage their increased participation and that of all stakeholders, including the private sector.
5. To instruct the Secretary General to continue to support CITEL, in order to facilitate the comprehensive fulfillment of its mandates.

AG/RES. 2682 (XLI-O/11)




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