[Text of the Treaty] [text in Spanish]

B-32: AMERICAN CONVENTION ON HUMAN RIGHTS "PACT OF SAN JOSE, COSTA RICA"

ADOPTED AT: SAN JOSE, COSTA RICA                                        

DATE: 11/22/69

CONF/ASSEM/MEETING: INTER-AMERICAN SPECIALIZED CONFERENCE ON HUMAN RIGHTS

ENTRY INTO FORCE: 07/18/78,  IN ACCORDANCE WITH ARTICLE 74.2 OF THE CONVENTION

DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS)

TEXT: OAS, TREATY SERIES, NO. 36

UN REGISTRATION: 08/27/79  No. 17955   Vol.

OBSERVATIONS:                                                             

GENERAL INFORMATION OF THE TREATY: B-32 

*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWLS

                                                                             
Chile:

(Declaration made at the time of signature)

The Delegation of Chile signs this Convention, subject to its subsequent parliamentary approval and ratification,

in accordance with the constitutional rules in force.

(Reservations made at the time of ratification)

Recongnition of Competence:                                                                             

     a) The Government of Chile declares that it recognizes, for an indefinite period of time and on the condition of reciprocity, the  competence of the Inter-American Commission on Human Rights to receive and examine communications in which a State Party alleges that another State Party has committed a violation of the human rights established in the American Convention on Human Rights, as provided for in Article 45 of the Convention.                                                                             

     b) The Government of Chile declares that it recognizes as binding, ipso facto, the jurisdiction of the Court on all matters relating to the interpretation or application of the Convention in accordance with its Article 62.

In making these declarations, the Government of Chile places on record that this recognition of the competence and jurisdiction of the Commission applies to events subsequent to the date of deposit of this instrument of ratification or, in any case, to events which began subsequent to March 11, 1990.  Moreover, in acknowledging the competence and jurisdiction of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, the Government of Chile declares that, when these bodies apply the provisions of Article 21.2 of the Convention, they may not make statements concerning the reasons of public utility or social interest taken into account in depriving a person of his property.

Ecuador:

(Declaration made at the time of signature)                                                                             

The Delegation of Ecuador has the honor of signing the American Convention on Human Rights.  It does not believe that it is necessary to make any specific reservation at this time, without prejudice to the general power set forth in the Convention itself that leaves the governments free to ratify it or not.

Recognition of Competence:                                                                            

On July 24, 1984 recognized the applicability of Articles 45 and 62 of the American Convention on Human Rights, by Decree No. 2768 of July 24, 1984, published in the Registro Oficial No. 795 on July 27 of said month and year.

In addition, the Minister of Foreign Affairs of Ecuador made the following declaration on July 30, 1984, in conformity with Articles 45(4) and 62(2) of the above-mentioned Convention: In keeping with the provisions of Article 45, paragraph 1, of the American Convention on Human Rights--Pact of San José, Costa Rica-- (ratified by Ecuador on October 21, 1977, and in force since October 27, 1977), the Government of Ecuador recognizes the competence of the Inter-American Commission on Human Rights toreceive and examine communications in which a State Party alleges that another State Party has committed a violation of the  human rights set  forth  in the  Convention, under the terms provided for in paragraph 2 of that Article.

This recognition of competence is to be valid for an indefinite time and on condition of reciprocity.

As provided in Article 62, paragraph 1, of the Convention in reference, the Government of Ecuador declares that it recognizes as binding, ipso facto, and not requiring special agreement, the jurisdiction of the Inter-American Court of Human Rights on all matters relating to the interpretation or application of the Convention.

This recognition of jurisdiction is for an indeterminate period and on condition of reciprocity. The Ecuadorian State reserves the right to withdraw its recognition of this competence and this jurisdiction whenever it may deem it advisable to do so.

Dominican Republic: 

(Declaration made at the time of signature)                             
The Dominican Republic, upon signing the American Convention on Human Rights, aspires that the principle pertaining to abolition of the death penalty shall become purely and simply that, with general application throughout the states of the American region, and likewise maintains the observations and comments made on the aforementioned Draft Convention which it distributed to the delegations to the Council of the Organization of American States on June 20, 1969.
 

Uruguay:

(Reservation made at the time of signature)

Article 80.2 of the Constitution of Uruguay provides that a person's citizenship is suspended if the person is "under indictment on a criminal charge which may result in a penitentiary sentence." Such a  restriction on the exercise of the rights recognized in Article 23 of the Convention is not envisaged among the circumstances provided for in Article 23, paragraph 2, for which reason the Delegation of Uruguay expresses a reservation on this matter.

(Reservation made at the time of ratification)

With the reservation made at the time of signature.  Notification of this reservation was given in conformity with the Vienna Convention on the Law of Treaties, signed on May 23, 1969.

Recognition of Competence:

In the instrument of ratification dated March 26, 1985 and deposited with the General Secretariat of the OAS on April 19, 1985, the Government of the Oriental Republic of Uruguay declares that it recognizes the competence of the Inter-American Commission on Human Rights for an indefinite period and of the Inter-American Court of Human Rights on all matters relating to the interpretation or application of this Convention, on the condition of reciprocity, in accordance with Articles 45.3 and 62.2 of the Convention.

Argentina:

(Reservation and interpretative declarations made at the time of ratification)

The instrument of ratification was received at the General Secretariat of the OAS on September 5, 1984, with a reservation and interpretative declarations.  The notification procedure of the reservation was taken in conformity with the Vienna Convention on the Law of Treaties signed on May 23, 1969.

The texts of the above-mentioned reservation and of the interpretative declarations are the following:
I.   Reservation:

Article 21 is subject to the following reservation:  "The Argentine Government establishes that questions relating to the Government's economic policy shall not be subject to review by an international tribunal.  Neither shall it consider reviewable anything the national courts may determine to be matters of 'public utility' and 'social interest', nor anything they may understand to be 'fair compensation'."
II.  Interpretative Declarations:

Article 5, paragraph 3, shall be interpreted to mean that a punishment shall not be applied to any person other than the criminal, that is, that there shall be no vicarious criminal punishment.

Article 7, paragraph 7, shall be interpreted to mean that the prohibition against "detention for debt" does not involve prohibiting the state from basing punishment on default of certain debts, when the       
punishment is not imposed for default itself but rather for a prior independent, illegal, punishable act.

Article 10 shall be interpreted to mean that the "miscarriage of justice" has been established by a national court.

 Recognition of Competence:

In the instrument of ratification dated August 14, 1984, and deposited with the General Secretariat of the OAS on September 5, 1984, the Government of Argentina recognizes the competence of the Inter-American Commission on Human Rights and on the jurisdiction of the Inter-American  Court of Human Rights.  This recognition is for an indeterminate period and on condition of reciprocity on all cases            
related to the interpretation or application of the Convention cited, with the partial reservation and bearing in mind the interpretative statements contained in the instrument of ratification.

The instrument of ratification further notes that the obligations undertaken by virtue of the Convention shall only be effective as regards acts that have occurred after the ratification of the above-mentioned instrument.

Barbados:

(Reservations made at the time of ratification)                         
     The instrument of ratification was received at the General Secretariat of the OAS on November 5, 1981, with reservations. Notification of the reservations submitted was given in conformity with the Vienna Convention on the Law of Treaties, signed on May 23, 1969. The twelve-month period from the notification of said reservations expired on November 26, 1982, without any objection being raised to the reservations.                                                                
     The text of the reservations with respect to Articles 4(4), 4(5) and 8(2) (e), is the following:                                              
     In respect of 4(4) the criminal code of Barbados provides for death by hanging as a penalty for murder and treason.  The Government is at present reviewing the whole matter of the death penalty which is       
only rarely inflicted but wishes to enter a reservation on this point inasmuch as treason in certain circumstances might be regarded as a political offence and falling within the terms of section 4(4).              
     In respect of 4(5) while the youth or old age of an offender may be matters which the Privy Council, the highest Court of Appeal, might take into account in considering whether the sentence of death should        
be carried out, persons of 16 years and over or over 70 years of age may be executed under Barbadian law.                                         
     In respect of 8(2)(e) Barbadian law does not provide as a minimum guarantee in criminal proceeding any inalienable right to be assisted by counsel provided by the state.  Legal aid is provided for certain         
scheduled offences such as homicide, and rape.

Colombia:

Recognition of Competence:                                              
     On June 21, 1985, presented an Instrument of acceptance by which recognizes the competence of the Inter-American Commission on Human Rights for an indefinite time, on the condition of strict reciprocity        
and nonretroactivity, for the cases involving the interpretation or application of the Convention, and reserves the right to withdraw its recognition of competence should it deem this advisable.  The same 
Instrument recognizes the jurisdiction of the Inter-American Court of Human Rights, for an indefinite time, on the condition of reciprocity and nonretroactivity, for cases involving the interpretation or application of the Convention, and reserves the right to withdraw its recognition of competence should it deem this advisable.           

Costa Rica:

Recognition of Competence:                                              
     Presented on July 2, 1980, at the General Secretariat of the OAS an instrument recognizing the competence of the Inter-American Commission on Human Rights and the jurisdiction of the Inter-American Court of Human Rights, in accordance with Articles 45 and 62 of the Convention.

(Declaration and reservations made at the time of ratification)         
1)That Costa Rica declares that it recognizes, without conditions and while the American Convention on Human Rights remains in effect, the competence of the Inter-American Commission to receive and examine

communications in which a State Party alleges that another State Party has committed a violation of human rights established by the cited Convention.

2) That Costa Rica declares that it recognizes, without conditions and while the American Convention on Human Rights remains in effect, the mandatory jurisdiction of the Court, as a matter of law and without a specific convention on the Inter-American Court on Human Rights, on all cases relating to the interpretation or application of such multilateral treaty.

El Salvador:

(Declaration and reservations made at the time of ratification)         
     The present Convention is ratified, its provisions being interpreted to mean that the Inter-American Court of Human Rights shall have jurisdiction to hear any case that can be submitted to it, either by the Inter-American Commission on Human Rights or by any State Party, provided that the State of El Salvador, as a party to the case, recognizes or has recognized such jurisdiction, by any of the means and under the arrangements indicated in the Convention.

The American Convention on Human Rights, known as the "Pact of San José, Costa Rica", signed at San José, Costa Rica, on November 22, 1969, composed of a preamble and eighty-two articles, approved by the
Executive Branch in the Field of Foreign Affairs by Agreement 405, dated June 14 of the current year, is hereby ratified, with the reservation that such ratification is understood without prejudice to those provisions of the Convention that might be in conflict with express precepts of the Political Constitution of the Republic.

The instrument of ratification was received at the General Secretariat of the OAS on June 23, 1978, with a reservation and a declaration.  The notification procedure of the reservation was taken in conformity with the Vienna Convention on the Law of Treaties signed on May 23, 1969.

Recognition of Competence deposited on June 6, 1995 : In its instrument of recognition the Government of El Salvador declares:                                                                    
"The Honorable Legislative Assembly of the Republic of El Salvador ratified in Legislative Decree N0. 319 dated March 30, 1995, the the Republic of El Salvador's Declaration on the Recognition of the        
Jurisdiction of the Inter-American Court of Human Rights, in conformity with Article 62 of the Inter-American Convention on Human Rights, "Pact of San José, Costa Rica."  This declaration was published in  Official       
Register No. 82, Book 327, on May 5, 1995.                                   
                                                                             

     I.    The Government of El Salvador  recognizes as binding, ipso        
facto, and not requiring special agreement, the jurisdiction  of the         
Inter-American Court of Human Rights, in accordance with Article 62 of       
the American Convention on Human Rights, "Pact of San José."                 
                                                                             

     II.   The Government of El Salvador, in recognizing that                
competence, expressed that its recognition is for an indefinite period       
and on condition of reciprocity, and that it retains the right to            
include exclusively subsequent deeds or juridical acts or deeds or           
juridical acts began subsequent to the date of deposit of this               
declaration of acceptance, by reserving the right to withdraw its            
recognition of competence whenever it may deem it advisable to do so.        
                                                                             

     III.  The Government of El Salvador recognizes the competence of        
the Court, insofar as this recognition is compatible with the                
provisions in the constitution of the Republic of El Salvador.               

Guatemala:

(Reservation made at the time of ratification)                          
     The Government of the Republic of Guatemala ratifies the American       
Convention on Human Rights, signed at San José, Costa Rica, on November      
22, 1969, with a reservation as to Article 4, paragraph 4 thereof,           
since the Constitution of the Republic of Guatemala, in its Article 54,      
only excludes the application of the death penalty to political crimes,      
but not to common crimes related to political crimes.                        
                                                                             

     The instrument of ratification was received at the General              
Secretariat of the OAS on May 25, 1978, with a reservation.  The             
notification procedure of the reservation was taken in conformity with       
the Vienna Convention on the Law of Treaties signed on May 23, 1969.         
                                                                             

Withdrawal of Guatemala's reservation:                                  
                                                                             

     The Government of Guatemala, by Government Agreement No. 281-86,        
dated May 20 1986, has withdrawn the above-mentioned reservation, which      
was included in its instrument of ratification dated April 27, 1978,         
considering that it is no longer supported by the Constitution in the        
light of the new legal system in force.  The withdrawal of the               
reservation will become effective as of August 12, 1986, in conformity       
with Article 22 of the Vienna Convention on the Law of Treaties of           
1969, in application of Article 75 of the American Convention on Human       
Rights.                                                                      
                                                                             

Recognition of Competence:                              
                                                                             

     On March 9, 1987, presented at the General Secretariat of the OAS,      
the Government Agreement No. 123-87, dated February 20, 1987, of the         
Republic of Guatemala, by which it recognizes the jurisdiction of the        
Inter-American Court of Human Rights, in the following terms:                
                                                                             

     (Article 1) To declare that it recognizes as binding, ipso facto,       
     and not requiring special agreement, the jurisdiction of the            
     Inter-American Court of Human Rights on all matters relating to         
     the interpretation or application of the American Convention on         
     Human Rights.                                                           
                                                                             

     (Article 2) To accept the competence of the Inter-American Court        
     of Human Rights for an indefinite period of time, such competence       
     being general in nature, under terms of reciprocity and with the        
     reservation that cases in which the competence of the Court is          
     recognized are exclusively those that shall have taken place after      
     the date that this declaration is presented to the Secretary            
     General of the Organization of American States.                         
                                                                             

Honduras:                                                               
                                                                             

     Recognition of Competence:                                              
                                                                             

     Presented on September 9, 1981, at the General Secretariat of the       
OAS, an instrument recognizing the jurisdiction of the Inter-American        
Court of Human Rights in accordance with Article 62 of the Convention.       
                                                                             

Jamaica:                                                                
                                                                             

     Recognition of Competence:                                              
                                                                             

     The instrument of ratification, dated July 19, 1978, states, in         
conformity with Article 45, paragraph 1 of the Convention, that the          
Government of Jamaica recognizes the competence of the Inter-American        
Commission on Human Rights to receive and examine communications in          
which a State Party alleges that another State Party has committed a         
violation of a human right set forth in this Convention.                     
                                                                             

Mexico:                                                            
                                                                             

DECLARATION FOR RECOGNITION OF THE JURISDICTION OF THE                       
INTER-AMERICAN COURT OF HUMAN RIGHTS                                        
                                                                             

 1.     The United States of Mexico recognizes as binding ipso facto the adjudicatory jurisdiction of the Inter-American Court of Human Rights on matters relating to the interpretation or application of the American Convention on Human Rights, in accordance with article 62.1 of the same, with the exception of cases derived from application of article 33 of the Political Constitution of the United States of Mexico.                                                     
                                                                             

2.    Acceptance of the adjudicatory jurisdiction of the Inter-American Court of Human Rights shall only be applicable to facts or juridical acts subsequent to the date of deposit of this declaration, and shall not therefore apply retroactively.                    
                                                                             

3.    Acceptance of the adjudicatory jurisdiction of the Inter-American Court of Human Rights is of a general nature and shall continue in force for one year after the date on which the United States of Mexico gives notice that it has denounced it. 

(Declarations and reservation made at the time of ratification)      
                                                                             

     The instrument of accession was received at the General                 
Secretariat of the OAS on March 24, 1981, with two interpretative            
declarations and one reservation.  Notification of the reservation           
submitted was given in conformity with the provisions of the Vienna          
Convention on the Law of Treaties, signed on May 23, 1969.  The              
twelve-month period from the notification of said reservation expired        
on April 2, 1982, without any objection being raised to the                  
reservation.                                                                 
                                                                             

The texts of the interpretative declarations and the    
reservation are the following:

     Interpretative Declarations:                                            
                                                                             

     With respect to Article 4, paragraph 1, the Government of Mexico        
considers that the expression "in general" does not constitute an            
obligation to adopt or keep in force legislation to protect life "from       
the moment of conception", since this matter falls within the domain         
reserved to the States.                                                      
                                                                             

     Furthermore, the Government of Mexico believes that the limitation      
established by the Mexican Constitution to the effect that all public        
acts of religious worship must be performed inside places of public          
worship, conforms to the limitations set forth in Article 12, paragraph      
3.                                                                           
                                                                             

     Reservation:                                                            
                                                                             

     The Government of Mexico makes express reservation to Article 23,       
paragraph 2, since the Mexican Constitution provides, in Article 130,        
that ministers of denominations shall not have an active or passive          
vote, nor the right to associate for political purposes.

On April 9, 2002, the Government of Mexico notified the General Secretariat
of its intention to partially withdraw its interpretative declarations and
reservation, which now read as follows: 

Interpretative declaration

With respect to Article 4, paragraph 1, the Government of Mexico considers
that the expression "in general" used in that paragraph does not constitute
an obligation to adopt, or keep in force, legislation to protect life "from
the moment of conception," since this matter falls within the domain reserved
to the States.

Reservation

The Government of Mexico makes express reservation to Article 23, paragraph 2,
since the Mexican Constitution provides, in Article 130, that ministers of
denominations shall not have a passive vote, nor the right to associate for
political purposes.                    
                                        

Nicaragua:                                                              
                                                                             

     Recognition of Competence:                                              
                                                                             

     On February 12, 1991, presented at the General Secretariat of the       
OAS, an instrument dated January 15, 1991, by which the Government of        
Nicaragua declares:                                                          
                                                                             

     I.    The Government of Nicaragua recognizes as binding as of right     
     with no special convention the competence of the Inter-American         
     Court of Human Rights in all cases involving interpretation and         
     application of the Inter-American Convention on Human Rights,           
     "Pact of San Jose, Costa Rica," by virtue of Article 62(1)              
     thereof.                                                                
                                                                             

     II.   The foregoing notwithstanding, the Government of Nicaragua        
     states for the record that its acceptance of the competence of the      
     Inter-American Court of Human Rights is given for an indefinite         
     period, is general in character and grounded in reciprocity, and        
     is subject to the reservations that this recognition of competence      
     applies only to cases arising solely out of events subsequent to,       
     and out of acts which began to be committed after, the date of          
     deposit of this declaration with the Secretary General of the           
     Organization of American States.

On February 6, 2006, Nicaragua delivered a note to the General Secretariat

in which it reported that the Government of the Republic of Nicaragua

had added a third paragraph to the Declaration No. 49 of January 15, 1991

regarding the American Convention on Human Rights, in which it declares

that it recognizes the competence of the Inter-American Commission

on Human Rights to receive and examine communications in which

a State Party alleges that another State Party has committed a violation

of a human right set forth in the Convention.

Panama:

Recongnition of Competence:                                             
                                                                             

     On May 9, 1990, presented at the General Secretariat of the OAS,        
an instrument, dated February 20, 1990, by which it declares that the        
Government of the Republic of Panama recognizes as binding, ipso facto,      
the jurisdiction of the Court on all matters relating to the                 
interpretation or application of the American Convention on Human            
Rights.                                                                      
                                                                             

Peru:                                                                   
                                                                             

     Recognition of Competence:                                              
                                                                             

     Presented on January 21, 1981, at the General Secretariat of the        
OAS an instrument recognizing the competence of the Inter- American          
Commission on Human Rights and the jurisdiction of the Inter-American        
Court of Human Rights, in accordance with Articles 45 and 62 of the          
Convention.

Withdrawl of Declaration/Reservation: 07/09/99

Withdrawl of Denunciation: 01/31/01
                                                                             

Suriname:                                                               
                                                                             

     Adhesion.                                                               
                                                                             

     Recognition of Competence:                                              
                                                                             

     On November 12, 1987, presented at the General Secretariat of the       
OAS, an instrument recognizing the jurisdiction of the Inter-American        
Court of Human Rights in accordance with Article 62 of the Convention.       
                                                                             

Venezuela:
                                                                             

     (Reservation and declaration made at the time of ratification)          
                                                                             

     Article 60, paragraph 5 of the Constitution of the Republic of          
Venezuela establishes that:  No one may be convicted in a criminal           
trial without first having been personally notified of the charges and       
heard in the manner prescribed by law.  Persons accused of an offense        
against the res publica may be tried in absentia, with the guarantees        
and in the manner prescribed by law.  Such a possibility is not              
provided for in Article 8, paragraph 1 of the Convention, and for this       
reason Venezuela formulates the corresponding reservation, and,              
                                                                             

     DECLARES:  That, in accordance with the provisions of Article 45,       
paragraph 1 of the Convention, the Government of the Republic of             
Venezuela recognizes the competence of the Inter-American Commission         
on Human Rights to receive and examine communications in which a State       
Party alleges that another State Party has committed violations of           
human rights set forth in that Convention, in the terms stipulated in        
paragraph 2 of that article.  This recognition of competence is made         
for an indefinite period of time.                                            
                                                                             

     The instrument of ratification was received at the General              
Secretariat of the OAS on August 9, 1977 with a reservation and a            
declaration.  The notification procedure of the reservation was taken        
in conformity with the Vienna Convention on the Law of Treaties signed       
on May 23, 1969.                         &nbs