AG/RES. 1488 (XXVII-O/97)

EVALUATION AND IMPROVEMENT OF THE WORKINGS OF THE INTER-AMERICAN SYSTEM FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

(Resolution adopted at the seventh plenary session, held on June 5, 1997)

THE GENERAL ASSEMBLY,

HAVING SEEN the report of the Permanent Council on evaluation and improvement of the workings of the inter-American system for the promotion and protection of human rights (AG/doc.3481/97); the working document "Toward a New Vision of the Inter-American Human Rights System" (CP/doc.2828/96), presented to the Permanent Council by the Secretary General and now being considered by the governments; and the document "Seminar on the Inter-American System for the Promotion and Protection of Human Rights: Conclusions of the Inter-American Commission on Human Rights and Minutes of the Statements Made by Participants (OEA/Ser/L/V/II.95, doc.28);

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

RECALLING:

That Article 105 of the Charter stipulates that the "principal function" of the Inter-American Commission on Human Rights "shall be to promote the observance and protection of human rights and to serve as a consultative organ of the Organization in these matters"; and

That, under the American Convention on Human Rights, it is within the authority of the General Assembly to adopt the statutes of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights;

AWARE that the international promotion and protection of human rights enhances and complements the protection offered by the internal law of member states and has as its cornerstone the dignity of the human being; and

CONSIDERING:

That next year marks the 50th anniversary of the signing of the Charter and the adoption of the American Declaration of the Rights and Duties of Man, instruments that gave rise to the inter-American system for the promotion and protection of human rights and have had a decisive influence on its subsequent development;

That, after 38 years of activity in the Inter-American Commission on Human Rights and 18 years in the Inter-American Court of Human Rights, and 28 years after the signing of the Pact of San José, Costa Rica, along with acknowledging the achievements of the inter-American human rights system and underscoring its effective contribution to the observance of human rights in the Hemisphere, it is appropriate to continue to examine the system in order to formulate proposals to contribute to its improvement and strengthening;

That, through resolution AG/RES. 1404 (XXVI-O/96), the General Assembly instructed the Permanent Council to evaluate the workings of the inter-American system for the protection and promotion of human rights with a view to initiating a process for its improvement, possibly by modifying the respective legal instruments and the working methods and procedures of the Inter-American Commission on Human Rights;

That the Committee on Juridical and Political Affairs held several meetings to consider the evaluation and improvement of the inter-American human rights system, at which various governments made comments;

That, in April 1997, for the first time, a special meeting of the Committee on Juridical and Political Affairs, convened by the Permanent Council [CP/RES. 687 (1089/96)] and attended by government experts, was held to consider evaluation and improvement of the inter-American human rights system, and at that meeting conclusions on the subject of the international promotion of human rights were formulated and firm progress was made in identifying mechanisms and criteria for improving the international protection of human rights in the Hemisphere; and

That it would be desirable to continue efforts toward improving the inter-American human rights system, including the possibility of evaluating the appropriate legal instruments and the working methods and procedures of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights,

RESOLVES:

1. To note with satisfaction the report of the Permanent Council on evaluation and improvement of the workings of the inter-American system for the promotion and protection of human rights.

2. To welcome the conclusions of the special meeting of the Committee on Juridical and Political Affairs on the international promotion of human rights in the inter-American system, as set forth in resolution AG/RES. 1489 (XXVII-O/97).

3. To note with interest the results of the Seminar on the Inter-American System for the Protection and Promotion of Human Rights, sponsored by the Inter-American Commission on Human Rights from December 2 to 4, 1996, in Washington, D.C., as well as the working document "Toward a New Vision of the Inter-American Human Rights System," presented to the Permanent Council by the Secretary General.

4. To instruct the Permanent Council to continue, in fulfillment of resolution AG/RES. 1404 (XXVI-O/96), through its Committee on Juridical and Political Affairs and with a view to strengthening and improving the inter-American system for the promotion and protection of human rights, its comprehensive consideration of the various aspects of that system, formulating recommendations, as appropriate and through the corresponding organs, concerning possible reforms of the applicable legal instruments.

5. To instruct the Permanent Council to submit to the General Assembly at its twenty-eighth regular session the recommendations referred to in the preceding paragraph as well as those on any other matter that could contribute to the improvement and strengthening of the inter-American human rights system.

6. To instruct the Permanent Council to promote dialogue, through its Committee on Juridical and Political Affairs and in order to strengthen and improve the inter-American system for the promotion and protection of human rights, with the due cooperation of the agencies and entities of the inter-American system and, when applicable, with the cooperation of the Inter-American Institute of Human Rights and, where appropriate, other governmental and nongovernmental organizations and institutions.

7. To transmit this resolution to the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.