II. INTER-AMERICAN COMMITTEES AND COMMISSIONS

1. THE INTER-AMERICAN JURIDICAL COMMITTEE

The Inter-American Juridical Committee is one of the organs through which the Organization of American States accomplishes its purposes (Article 52 of the Charter). Chapter IV of the Charter determines its composition, duties and responsibilities and functions. Its purpose is to serve the Organization as an advisory body on juridical matters, to promote the progressive development and codification of international law, and to study juridical problems related to the integration of the countries for the Hemisphere's development. The Committee has its headquarters in Rio de Janeiro and is composed of eleven jurists, nationals of the member states who are elected by the General Assembly.

In 1996, the Inter-American Juridical Committee held two sessions, the first in January and the second in August. Both took place at the Committee's headquarters in Rio de Janeiro, which was also the venue of the Twenty-third Course on International Law, organized in cooperation with the Secretariat for Legal Affairs of the OAS General Secretariat.

First Regular Session

The agenda for the Committee's first regular session included the following topics, resulting from mandates from the General Assembly and the Permanent Council: democracy in the inter-American system; the legal dimension of integration; procedures for preparing and adopting inter-American legal instruments within the framework of the Organization of American States; freedom of information, and inter-American cooperation to combat terrorism. The Committee approved reports and adopted resolutions on these issues as well as others having to do with studies and papers to be discussed at its next session.

During this first regular session, the Committee also took up the Secretary General's document titled The Law in a New Inter-American Order and began to discuss it. After this first review, it decided to reorder and reformulate its own agenda, eliminating from it those topics whose assigned objectives had already been accomplished and, on its own initiative, adding new and more current issues.

Second Regular Session

At its second regular session, the Committee's first priority was to consider the request made by the General Assembly at its twenty-sixth regular session (Panama, June 1996) seeking an advisory opinion. Through resolution AG/RES. 1364 (XXVI-O/96), titled Free Trade and Investment in the Hemisphere, the General Assembly instructed the Inter-American Juridical Committee "to examine and decide upon the validity under international law of the Helms-Burton Act at its next regular session, as a matter of priority, and to present its findings to the Permanent Council."

The Committee devoted the bulk of its second regular session to a discussion of this request and unanimously approved an opinion in which it found that "the principles and eventual application of the law to which this opinion refers, in the major areas described above, were inconsistent with international law".

International Law Course

The Twenty-third Course on International Law took place during the Committee's second session. It was organized by the Inter-American Juridical Committee in cooperation with and under the coordination of the Department of International Law of the Secretariat for Legal Affairs. Participating in the Course were fellowship recipients from almost all the member countries of the OAS.

The Course was given by university professors, diplomats and members of the Inter-American Juridical Committee, who spoke about the main theme of "Justice in International Law". The guest professors included, inter alia, Mr. Eduardo Valencia-Ospina, Secretary of the International Court of Justice; Professor Felipe Paolillo, of the University of Uruguay; Daniel Bardonnet, professor at the University of Paris and secretary of the International Law Academy; Antonio Augusto Cançado Trinidade, Judge of the Inter-American Court of Human Rights; Jacob Dollinger, professor at the University of Rio de Janeiro; Didier Opertti, Minister of the Interior of Uruguay; Ambassador Beatriz Ramacciotti, Permanent Representative of Peru to the OAS, and Ambassador José Antonio Tijerino, Permanent Representative of Nicaragua to the OAS; Drs. Jonathan Fried, Keith Highet and José Luis Siqueiros, members of the Inter-American Juridical Committee; and Mssrs. Enrique Lagos, Jean Michel Arrighi and Fernando Brito, from the OAS General Secretariat. The students, for their part, formed two working groups which, at the end of the Course, presented a research paper on several points examined over the course of the month.

2.INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

The Inter-American Commission on Human Rights (IACHR), one of the organs of the OAS (Article 52 of the Charter), was created by resolution VI of the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in 1959. It was formally established in 1960, when the then Council of the OAS approved its Statutes. The Commission represents all the member states of the Organization of American States and is made up of seven members, elected in their personal capacity by the General Assembly. The Commission's main function, under Article 115 of the Charter, is to promote the observance and protection of human rights and to serve as consultative organ of the Organization in these matters.

The Commission held two regular sessions: its eighty-eighth from February 6 to 17, and its ninetieth from September 11 to 22, 1995. The eighty-ninth session was a special session, held from April 13 through 17, 1995. The ninety-first regular session was from February 26 to March 8, 1996.

The Inter-American Commission on Human Rights (IACHR) met on four occasions. It held two regular sessions: the ninety-first session from February 26 to March 8, 1996, and the ninety-third regular session from September 30 to October 18, 1996. It also held two special sessions: the ninety-second special session from April 29 to May 3, 1996, and the ninety-fourth special session, on December 6, 1996.

During its 1996 sessions, the Commission had meetings and hearings with permanent representatives of the governments of the member states of the OAS, and with high-ranking dignitaries of those states. It also received the attorneys for the petitioners, spokesmen for nongovernmental organizations and other persons to discuss matters related to human rights. Some spoke about the general human rights situation in their respective countries, while others spoke about individual cases.

Regular Sessions

During the Commission's ninety-first regular session, the Permanent Representative of Honduras to the OAS informed the Commission that, in Tegucigalpa on February 7, 1996, the President of Honduras, Dr. Carlos Roberto Reina, had presented the families of Manfredo Velásquez Rodríguez and Saúl Godínez Cruz with the checks corresponding to the outstanding installment on the compensatory damages that, under the judgments handed down by the Inter-American Court of Human Rights on July 21, 1989, and December 27, 1990, had been awarded to the families of the victims in the cases involving the latters' disappearance and death. It is important to note that the current President of Honduras was himself one of the first judges of the Inter-American Court of Human Rights. The action he has taken on behalf of the Government of Honduras to comply with the first judgments in which the Court found a state responsible for human rights violations is an historic step in the strengthening of the inter-American system.

Tribute was paid to recently deceased Venezuelan jurist, Dr. Andrés Aguilar, former Chairman of the IACHR and a Commission member from 1972 to 1985.

The Commission held 40 hearings during which it heard important testimony relating to individual cases now in process and statements by representatives of governments and nongovernmental organizations about the general situation of human rights in various member states of the OAS. The Inter-American Convention on the Forced Disappearance of Persons entered into force when, on February 28, 1996, Argentina and Panama deposited their instruments of ratification. In the Commission's view, this was a major achievement in the area of protection of human rights in the Hemisphere.

After conferring with the IACHR, the OAS Secretary General appointed Ambassador Jorge E. Taiana as its new Executive Secretary, who replaced Ambassador Edith Márquez Rodríguez.

The Commission decided to convene a Meeting of Experts to discuss what the experience of the various human rights systems has been in order to identify those areas in need of improvement. The Commission also considered and approved the Annual Report to be presented to the General Assembly in Panama and decided to include a study of the progress made in improving prison conditions in various countries. In this connection, the Commission accepted an invitation from the Government of Venezuela to conduct a visit to examine prison conditions in that country. It also accepted another invitation to visit prison facilities in the United States.

The Commission met with Mr. Francis Deng, Special Representative of the United Nations Secretary General, to discuss the issue of persons displaced and uprooted within their countries. Recognizing the serious predicament of displaced persons in a number of countries of the Hemisphere, the Commission named Professor Robert Goldman as its Rapporteur on this subject. The Commission also named Commission members John Donaldson and Jean Joseph Exumé as Rapporteurs for the study on Prison Conditions in the Americas. Commission members Carlos Ayala and John Donaldson continued as Rapporteurs for the issue of indigenous peoples, while the Chairman of the Commission, Professor Claudio Grossman, will continue to be Rapporteur for the topic of women's rights.

At its ninety-third regular session, the Commission held 63 hearings and examined 38 reports on individual cases and various requests for provisional measures, thereby responding to the increasing demands made upon the system for the protection of human rights. The Commission was gratified to see that more and more cases are being resolved via friendly settlements.

During this session, the Commission examined the progress made in the consultations about the future Inter-American Declaration on the Rights of Indigenous Peoples, accomplished through meetings held in Canada, the United States and Mexico. Plans were made for further consultations by year's end. The Commission also examined the progress made on its report on cases involving discrimination against women, based on a detailed questionnaire sent to the member states.

As for the study being prepared on Detention Conditions in the Americas, the Commission examined the information obtained during its visit to Venezuela and accepted the United States Government's invitation to make a final visit to observe the situation of the "Marielitos" in the Louisiana prisons in December 1996. The Commission also decided to begin compiling information on the "Situation of Migrant Workers and Their Families in the Hemisphere", with a view to an eventual study on this issue.

During this session, the Commission met with Drs. Kisanga, Umozurike and Dankwa, members of the African Commission on Human and Peoples' Rights, with whom it had an opportunity to share experiences and views.

The Commission began to examine the information obtained during its on-site visits to Brazil and Mexico.

As for the constitutional amendment process underway in El Salvador, intended to extend the death penalty to certain crimes that heretofore were not capital offenses under the Salvadorean legal system, the Commission decided to send a note to the Government expressing its concern over this matter since should it make other crimes capital offenses, El Salvador would be violating the international commitment it undertook when it ratified the American Convention.

Special Sessions

During its ninety-second special session, the Commission sent a note to the President of Paraguay in which it expressed its condemnation of the attempts to destabilize the government and added that it was gratified to see that those attempts had been thwarted. It said that the final outcome had represented an important step forward in the consolidation of democracy in the Hemisphere. The Commission also sent a note to the Secretary General at the time of his brother's abduction, to convey to him its moral support and its readiness to cooperate with the Secretary General in any way it could in the face of this reprehensible act. It also decided to step up the consultations on the approved draft of the Inter-American Declaration on the Rights of Indigenous Peoples and to send to the member states a "Questionnaire on the Status of Women in the Americas".

During its ninety-fourth special session, the Commission approved reports on a number of pending cases, discussed the possibility of bringing a number of other cases to the Court and examined the idea of closing several other cases.

Visits

On April 26, 1996, the Commission made a one-day trip to Allenwood, Pennsylvania, to evaluate the incarceration conditions of the "Mariel Cubans" being held in the federal penitentiary at Allenwood.

From May 13 to 17, the Commission's Working Group on Prisons and Prison Conditions visited Venezuela to observe the prison situation in that country. This visit was the first the Commission had ever made to Venezuela.

From July 15 through 24, the Commission visited Mexico to observe the human rights situation in that country. As in the case of Venezuela, this was the Commission's first visit to Mexico. It announced that the complex information compiled during the visit would have to be examined carefully in order to prepare a report on that country.

Following up on the study on Prison Conditions in the Americas, the Commission made an on-site visit to the Avoyelles Parish detention facilities in Marksville, Louisiana, and those in Orleans Parish in New Orleans, Louisiana, December 9 through 12, 1996.

Other Activities

The Commission attended two sessions of the Court: the twentieth special session, September 5 through 8, which dealt with matters related to applications filed against Nicaragua and Colombia for violations of human rights, and the twenty-fourth regular session, September 9 through 20, 1996, where a judgment on reparations and costs in a case related to Venezuela was read.

On March 29, 1996, the IACHR, the Inter-American Commission of Women, the Pan American Health Organization and the Inter-American Institute of Human Rights co-sponsored a Conference titled "Women, Human Rights and the Inter-American System: A Program of Action". Among the topics that the experts discussed were violence against women, discrimination, the right to political participation and the steps that must be taken in order to meet the priorities set at the World Conference on Women, held in Beijing in 1995.

Since the Commission's approval in September 1995 of the draft Inter-American Declaration on the Rights of Indigenous Peoples, extensive direct consultations have been initiated with the governments, indigenous organizations and intergovernmental organizations. Officials from the Secretariat introduced the document at a number of technical meetings, among them a meeting in Arequipa, Peru, the General Kuna Congress in Panama, special meetings on the subject held in Montreal and Ottawa, in Guatemala (March 1996), and at the Sovereignty Symposium (Tulsa, Oklahoma), among others. Representatives of over 100 indigenous organizations in Canada and the United States prepared a proposed revision in Denver, Colorado, in May of 1996. Later, with the cooperation of the Indigenous Peoples' Fund, the Inter-American Indian Institute and the Unit for Democracy, national consultations were organized in 11 countries of South and Central America, which were well attended by organizations representing indigenous peoples. Their findings were presented and studied at two regional consultation meetings in November 1996, one in Guatemala (for indigenous representatives and governments in Central America, Mexico and the Caribbean), and the other in Quito (for South America). To complete this phase, the draft was studied at the First Indigenous Forum of the Americas (Mexico, December 1996, organized by the Inter-American Indian Institute). Responses have also been received from a significant number of member states. Based on these, the Commission plans to review its draft at its next session.

From December 2 through 4, 1996, the Commission organized a Seminar on the Inter-American System for the Promotion and Protection of Human Rights. Within the framework of the OAS, a process has been set in motion to consider the practice and evolution of the system's organs of protection —the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights— to identify those areas that are in need of improvement. The Seminar brought together representatives of the various human rights systems to exchange their experience and, on that basis, to enrich the dialogue now underway within the Hemisphere among those interested in the inter-American system.

3. INTER-AMERICAN COURT OF HUMAN RIGHTS

The Inter-American Court of Human Rights (hereinafter "the Inter-American Court" or "the Court") is an autonomous institution of the OAS whose purpose is to apply and interpret the American Convention on Human Rights (hereinafter "the Convention"). The Court has both litigious jurisdiction and advisory competence and is made up of seven jurists elected in a personal capacity by the States Parties to the Convention, during the General Assembly of the Organization of American States.

Composition of the Court

For the period covered in this report, the members of the Court were as follows: Héctor Fix-Zamudio (Mexico), President; Hernán Salgado Pesantes (Ecuador), Vice President; Alejandro Montiel Argüello (Nicaragua); Máximo Pacheco Gómez (Chile); Oliver Jackman (Barbados); Alirio Abreu Burelli (Venezuela) and Antônio Cançado Trinidade (Brazil). Judge Rafael Nieto-Navia (Colombia) was a member of the Court for the Genie Lacayo case against Nicaragua. Judge ad hoc Rafael Nieto-Navia, appointed by Colombia in the Caballero Delgado and Santana case, Judge ad hoc Alfonso Novales Aguirre, appointed by Guatemala in the Blake case, Judgead hoc Jorge E. Orihuela Ibérico, appointed by Peru in the case of Neira Alegría and others, and Judge ad hoc Julio A. Barberis, appointed by Argentina in the Garrido and Baigorria case, also served on the Court. Present were the Secretary of the Court, Manuel E. Ventura Robles, and the Interim Assistant Secretary, Víctor Manuel Rodríguez Rescia.

Activities of the Court

4. INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION

The work of the Inter-American Drug Abuse Control Commission (CICAD), established by the General Assembly in 1986, is guided by the principles and objectives spelled out in the Inter-American Program of Action of Rio de Janeiro Against the Illicit Use and Production of Narcotic Drugs and Psychotropic Substances and Traffic Therein, as well as by the provisions of the Anti-drug Strategy in the Hemisphere, approved in 1996. Its primary objectives are to expand and strengthen the member states' capacity to lower the demand for illegal drugs and prevent their use, to combat illicit production and traffic therein effectively, and to promote a suitable inter-American response by increasing regional activities involving research, information sharing, training of specialized personnel and reciprocal assistance.

In 1996, the Commission comprised 29 member states: Argentina, The Bahamas, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Lucia, Suriname, Trinidad and Tobago, the United States, Uruguay and Venezuela. At its twentieth regular session, the General Assembly added Barbados and Grenada to CICAD's membership, effective January 1, 1997.

Until March, the Commission was chaired by Panama, with Ecuador as its Vice Chairman. During its nineteenth regular session, held in March 1996, the Commission elected Ecuador as its Chairman and Peru as its Vice Chairman. Both offices have one-year terms. In 1996, CICAD held two regular sessions, the first in Washington, D.C., in March, and the second in Buenos Aires, Argentina, in October.

Anti-drug Strategy in the Hemisphere

The new Anti-drug Strategy in the Hemisphere, approved at CICAD's twentieth regular session held in October 1996, represents a fresh commitment to international cooperation to combat the drug problem, based on the principle of shared responsibility and the need for a policy that balances preventive and law-enforcement measures. The Strategy was signed by representatives of some member states at a protocolary ceremony held in Montevideo, Uruguay, and by representatives of other member states at a similar ceremony in Washington, D.C. At that same session, the Commission agreed upon a draft amendment to its Statute, which will be submitted to the General Assembly for discussion and approval with a view to modernizing the workings of CICAD to conform to the new guidelines set by the Strategy.

Execution of CICAD's Plan of Action

5. INTER-AMERICAN TELECOMMUNICATIONS COMMISSION

The Inter-American Telecommunications Commission (CITEL), established by the General Assembly in 1993, has technical autonomy in the performance of its functions, within the limits set by the OAS Charter, its statutes and the mandates of the General Assembly. Its objectives include that of facilitating and promoting continuous development of telecommunications in the Hemisphere. It serves as the OAS' principal advisory body in matters related to telecommunications.

The following is a summation of its main activities.

Permanent Executive Committee

Steering Committee

The Steering Committee's third meeting was held in Washington, D.C., July 29 and 30, 1996. In attendance were the Chairman of COM/CITEL, the Chairmen and Vice Chairmen of the Permanent Consultative Committees, the Chairman and Vice Chairman of the Working Group on the Development of Regional Telecommunications and the Executive Secretary. The meeting examined the activities in progress and then recommended the following to COM/CITEL: that methods be devised for ascertaining the electronic documents handling capacity; that methods be devised for increasing members' participation in the Commission's activities, while maintaining and strengthening the relationship between the public and private sectors; and that common CITEL positions and proposals be examined and prepared for the 1998 Conference of Plenipotentiaries.

Permanent Consultative Committee I: Public Telecommunications Services (CCP.I)

Permanent Consultative Committee II: Broadcasting (CCP.II)

Permanent Consultative Committee III: Radiocommunications (CCP.III)

Joint Working Group on Legal Matters and Administrative Procedures (GTCAL)

The mandate of this CITEL Group is to look into the legal issues that arise with the CCP in order to provide advice and information on the issues in question. Among its chief priorities are those related to the mandate received from the Miami Summit to evaluate the regulatory and legal means of the countries of the region.

The GTCAL held two meetings: the first in St. George's, Grenada, February 26 through 28, 1996, and the second in Washington, D.C., August 27 and 28, 1996. The second meeting discussed a proposed survey of administrative procedures and the Group's future work program.

Meeting of High-ranking Telecommunications Authorities (AAT)

Pursuant to the Plan of Action of the Summit of the Americas and the Declaration of Montrouis, issued by the General Assembly at its session in Haiti, CITEL convened two meetings in preparation for the Meeting of AAT: the first from July 31 to August 1 and the second on September 23 and 24, 1996, both in Washington, D.C. At these meetings, the guidelines and structure of AAT were defined, and a follow-up done on what has been accomplished, such as: guidelines for value-added services, guidelines for equipment certification and the adoption or regionally coordinated documents on standards, such as the Integrated Services Digital Network (ISDN), Personal Communications Systems, etc.

The Meeting of High-ranking Telecommunications Authorities was held September 25 and 26, 1996. Participating were telecommunications officials from 32 member states of the OAS. During the event, the following were approved: a Declaration of Principles, a Plan of Action for the Americas, and a Report on the Telecommunications and Information Infrastructure in the Americas, whose appendices contain detailed information on various countries and regions.

This Meeting laid the groundwork to further the development of telecommunications, to introduce flexible regulatory regimes, stimulate competition and help complete negotiation of the Free Trade Area of the Americas by the year 2005. The Meeting was also an opportunity for CITEL, the countries of the region and regional and international organizations to join forces to achieve the common objective of telecommunications development.

Activities of the Executive Secretariat

Conclusion

For CITEL, 1996 has been a year of enormous challenges and achievements. In response to what was requested by the Miami Summit of the Americas, CITEL succeeded in preparing and adopting: Guidelines for Value-Added Services, Guidelines for Equipment Certification, recommendations on frequency bands to be used for Personal Communications Services (PCS), the Fixed Wireless Access Services, coordinated documents on standards for an Integrated Services Digital Network (ISDN), PCS, and common channel signalling systems via SS7 network, and preparation of the final version of the Blue Book on Telecommunications Policies in the Americas. The Meeting of High-ranking Telecommunications Authorities, at the ministerial level was also held and adopted a Declaration of Principles and Plan of Action for Telecommunications.

Finally, it should be noted that CITEL's Assembly will be held in Quito, Ecuador, March 2 through 6, 1997, at the ministerial level. It will be of vital importance to the future of telecommunications in the Americas region.