AG/RES. 1331 (XXV-O/95)

ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS AND SPECIAL REPORT ON THE SITUATION OF HUMAN RIGHTS IN HAITI

(Resolution adopted at the ninth plenary session, held on June 9, 1995)

THE GENERAL ASSEMBLY,

HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights (CP/doc.2561/95), the special report on the situation of human rights in Haiti (CP/CAJP-1004/95), the presentation of those reports by the Chair of the Commission, and the observations and recommendations of the Permanent Council of the Organization regarding those reports (AG/doc.3202/95); and

CONSIDERING:

That the member states of the Organization of American States have proclaimed in their Charter as one of its fundamental principles respect for the rights of the individual without distinction as to race, nationality, creed, or sex;

That the Inter-American Commission on Human Rights was established by the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in 1959, and that its principal function, according to the OAS Charter, is to promote the observance and protection of human rights and to serve as a consultative body of the Organization;

That the ideal of a free human being, unfettered by fear or poverty, can only be fulfilled if conditions are established which permit all individuals to enjoy their economic, social, and cultural rights as well as their civil and political rights;

That international protection of human rights reinforces or complements the protection afforded by the domestic laws of member states and is based upon the attributes of the human being;

That the heads of state and government attending the Summit of the Americas, held in December 1994, renewed their commitment to further strengthening the inter-American system for the protection of human rights;

That the return to constitutional order in Haiti has resulted in an improvement in the status of all human rights, even though problems remain in this area, highlighting once again the strong links that exist between democracy, development, and human rights as interdependent, mutually-supportive concepts;

That the effective exercise of representative democracy is the best guarantee that human rights will be fully respected; and

That the member states reaffirm their conviction as to the recognized inextricable ties between human rights, democracy, and development,

RESOLVES:

  1. To take note of the Annual Report of the Inter-American Commission on Human Rights (CP/doc.2561/95) and the special report on the situation of human rights in Haiti (CP/CAJP-1004/95).

  2. To receive the recommendations and observations presented by the Permanent Council for consideration by the General Assembly and to transmit them, along with those set forth in this resolution, to the Inter-American Commission on Human Rights.

  3. To take note of the comments and observations of the member state governments regarding the annual report and the steps the governments are taking to strengthen the promotion, observance, and protection of human rights.

  4. To urge those member states that have not yet done so to sign, ratify, or accede to, as the case may be, the American Convention on Human Rights, "Pact of San Jos?," and the other inter-American instruments for the promotion and protection of human rights.

  5. To likewise recommend to the member states that they accept the competence of the Inter-American Commission on Human Rights to receive and examine communications from states concerning other states in accordance with Article 45.1 of the American Convention on Human Rights and that they recognize as binding the jurisdiction of the Inter-American Court of Human Rights.

  6. To urge member states to guarantee and exercise special vigilance with regard to the human rights of women, indigenous populations, children, refugees, persons with disabilities, migrant workers and their families, disenfranchised groups, minority groups, and victims of racial discrimination; to urge them to bring about conditions that will foster harmony and tolerance between those groups and all sectors of society; and to call upon the Inter-American Commission on Human Rights to continue to give priority attention to these matters.

  7. To take note of the progress made in the effective observance of human rights in the region, especially the steps being taken by member states to enhance the promotion, observance, and protection of human rights in their own countries, and at the same time to express concern over the persistence of serious human rights violations.

  8. To reiterate the recommendation made to the Inter-American Commission on Human Rights in resolution AG/RES. 1112 (XXI-O/91) that in its Annual Report it continue to refer to its activities to promote and extend the observance of human rights in the member states.

  9. To urge member states to continue to cooperate with the Inter-American Commission on Human Rights as it conducts on-site visits, in keeping with applicable provisions, because of their importance to the promotion and protection of human rights.

  10. To invite the Inter-American Commission on Human Rights to provide cooperation and assistance, within the framework of strengthening democratic systems and at the request of the state concerned, in the promotion and protection of human rights, in coordination with other organs, agencies, and entities of the inter-American system where appropriate.

  11. To emphasize that the incorporation of new rights and freedoms into the system envisioned in the American Convention on Human Rights, and any other amendment thereto, must conform to its Articles 31, 76, and 77.

  12. To reiterate its most vehement condemnation of domestic and international terrorism in any shape or form and by any agent and repudiate the grave consequences of such acts, which, as stated at the Summit of the Americas, ". . .constitute a systematic and deliberate violation of the rights of individuals"; and to take note of the information presented to the member states by the Inter-American Commission on Human Rights in compliance with paragraph (c) of resolution AG/RES. 1112 (XXI-O/91) under "Recommendations to the Inter-American Commission on Human Rights," recommending that it continue to provide such information, for which purpose it shall take account of information provided by the member states, among other sources.

  13. To urge the member states to continue to provide the Inter-American Commission on Human Rights with assistance and support and with the resources it needs in order to properly perform its tasks.

  14. To express its appreciation to the Inter-American Commission on Human Rights for its unflagging efforts during the institutional crisis and the perilous human rights situation that existed in Haiti.

  15. To reiterate that freedom of speech prevails in any democratic society; it should not be subject to prior censorship but should entail subsequent liability for any abuse thereof, in accordance with such internal laws as the member states have legitimately established to guarantee respect for the rights and reputations of others and to protect national security, law and order, and public health and morals.

  16. To recommend that the Inter-American Commission on Human Rights continue to consider, as a priority, adopting the necessary measures to remedy conditions in prisons and reduce to a minimum the number of detainees awaiting trial, and to request that it report thereon to the General Assembly at its next regular session.

  17. To ask the Inter-American Commission on Human Rights to continue to report on action taken with regard to the Permanent Council's observations and recommendations forwarded by the General Assembly.

  18. To urge the Inter-American Commission on Human Rights to continue attaching special importance to dialogue with the member states concerning progress made and difficulties encountered in the observance of human rights.

  19. To recommend that the Inter-American Commission on Human Rights, in coordination with the General Secretariat, other OAS bodies, and the Inter-American Development Bank, consider the possibility of devising plans to promote, teach, and publicize human rights, both in general and specifically for law enforcement agents, to be submitted to the Permanent Council for consideration and placed at the disposal of those member states that so request, if appropriate.

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