AG/RES. 1606 (XXVIII-O/98)

OBSERVATIONS AND RECOMMENDATIONS ON THE ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

(Resolution adopted at the fifth plenary session, held on June 3, 1998)

THE GENERAL ASSEMBLY,

HAVING SEEN the annual report of the Inter-American Commission on Human Rights (IACHR) (CP/doc.3036/98), the presentation thereof by the Chair of the Commission, and the observations and recommendations of the Permanent Council on the annual report of the IACHR (AG/doc.3692/98 corr. 1); and

CONSIDERING:

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

That the IACHR, established at the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in 1959, has as its principal function, pursuant to the Charter of the OAS and the American Convention on Human Rights, that of promoting the observance and protection of human rights;

That the Heads of State and Government affirmed in the Declaration of Santiago of the Second Summit of the Americas, held in Santiago, Chile, in April 1998, that "respect for and promotion of human rights and the fundamental freedoms of all individuals is a primary concern of our governments";

That the member states have reaffirmed the inextricable link between human rights, democracy, and development;

That the concepts of universality, indivisibility, and interdependence are principles enshrined in international instruments for the promotion and protection of human rights;

That the principles of good faith, legal certainty, and the impartiality of proceedings are vital for the promotion and protection of human rights within the inter-American system, the ultimate goal of which is the protection of human rights; and

That the acceptance of voluntary contributions by the IACHR to cover present and new mandates, initiatives, and proposals should not affect the priority that the Commission should give to all topics which are the subject of rapporteur's reports, within allocated resources approved in the program-budget and other resources and in accordance with the General Standards, RESOLVES:

1. To take note of the annual report of the Inter-American Commission on Human Rights (IACHR) and express appreciation for its presentation.

2. To urge the IACHR to continue to promote the observance and protection of human rights, as recognized in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights; to recognize the Commission's efforts to that end in the Hemisphere; and to urge the member states to continue to assist and support the Commission and to provide it with the resources it needs in order to fulfill its functions, within resources allocated in the program-budget and other resources.

3. To welcome the observations and recommendations of the Permanent Council and forward them to the IACHR, along with those contained in this resolution.

4. To encourage the IACHR to continue its efforts to improve procedures relating to the admissibility and processing of individual cases.

5. To encourage the IACHR to add to the reports referred to in Articles 50 and 51 of the American Convention on Human Rights, when the parties concerned so request, the oral and written presentations made during this stage of the processing of individual cases.

6. To call on the member states to carry out, in keeping with the principles contained in the Declaration and Plan of Action adopted at the 1993 Vienna World Conference on Human Rights, the actions designed to fulfill the human rights mandates contained in the Plan of Action of the Second Summit of the Americas; and to urge the IACHR to examine and study them and to include its conclusions in this regard in its next annual report.

7. To urge the Inter-American Commission on Human Rights to continue to give special attention to and place equal priority on, the topics of the special reports and any other topics proposed by the member states.

8. To express appreciation for and take note of the report of the Special Rapporteur on Women's Rights and to encourage the IACHR to continue its consideration of this matter.

9. To note with satisfaction the growing and very positive use of the friendly settlement mechanism, urging the member states and the IACHR to continue, in a spirit of cooperation, the use of this mechanism in those cases in which it may lead to a solution.

10. To urge those member states that have not yet done so to give special and expedited consideration to signing, ratifying, or acceding to, as appropriate and in accordance with their constitutional and legal provisions, the American Convention on Human Rights (Pact of San José); the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights (Protocol of San Salvador); the Protocol to the American Convention on Human Rights to Abolish the Death Penalty (Protocol of Asunción); and the following inter-American instruments for the promotion and protection of human rights: the Inter-American Convention to Prevent and Punish Torture; the Inter-American Convention on the Forced Disappearance of Persons; and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, "Convention of Belém do Pará"; and, in that connection, to urge states which are already parties to any of the above-mentioned juridical instruments, or which intend to become parties, to call upon any member state that is considering denouncing any of the above-mentioned instruments to reconsider its decision, in accordance with its own constitutional and legal processes, in order to uphold the inter-American system for the promotion and protection of human rights.

11. To request the IACHR to continue to report on measures taken in response to the observations and recommendations presented by the Permanent Council to the General Assembly.

12. To request the Permanent Council to report in due course to the General Assembly on the fulfillment of this resolution.