AG/RES. 1269 (XXIV-O/94)

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

(Resolution adopted at the ninth plenary session, held on June 10, 1994)


THE GENERAL ASSEMBLY,

HAVING SEEN the annual report of the Inter-American Commission on Human Rights (CP/CAJP-940/94) and its special reports on the situation of human rights (CP/CAJP-941/94, CP/CAJP-942/94, and CP/CAJP-943/94), as well as the observations and recommendations made by the Permanent Council of the Organization regarding those reports (AG/doc.3078/94 and addenda);

TAKING INTO ACCOUNT the presentation of those reports by the Chairman of the Inter-American Commission on Human Rights; and

CONSIDERING:

That the member states of the Organization of American States have proclaimed in their Charter, as one of their 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 is to promote the observance and protection of human rights and to serve as a consultative body of the Organization for such matters;

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 one of the aims of the Organization is to promote and consolidate representative democracy while respecting the principles of nonintervention and self-determination;

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

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

That special attention should be given to progressive improvement of the promotion and protection system established under the American Convention on Human Rights; and

That the United Nations has declared 1994 the International Year of the Family;

TAKING NOTE of the resolution on "Human Rights and Terrorism" adopted by the United Nations Commission on Human Rights during its fiftieth session;

RECALLING the outcome of the World Conference on Human Rights, held in Vienna in 1993; and

BEARING IN MIND that the position of High Commissioner for Human Rights has been established within the United Nations,

RESOLVES:

  1. To take note of the Annual Report of the Inter-American Commission on Human Rights and the aforementioned special reports

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  2. To receive and endorse the recommendations and observations which the Permanent Council presented for consideration by the General Assembly (AG/doc.3078/94 and addenda), and to transmit them, along with those contained 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, the special reports of the Commission, and the steps the governments are taking to strengthen the promotion, observance, and protection of human rights.

  4. 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 continuing existence of serious human rights violations.

  5. To call upon the Inter-American Commission on Human Rights to continue giving special importance to the dialogue with member states in connection with the reports on the situation of human rights in the countries of the Hemisphere.

  6. To reiterate the importance of applying the mechanism for reaching friendly settlements among the parties concerned within the framework of respect for human rights, in accordance with the provisions of the American Convention on Human Rights and the Statute and Regulations of the Inter-American Commission on Human Rights.

  7. To reaffirm that all human rights are universal, indivisible, interdependent, and interrelated; that, therefore, their promotion and protection in an equitable and global manner is the responsibility of all member states; and that, consequently, no right should be ignored under the pretext that full enjoyment of other rights has not been attained.

  8. To urge the Inter-American Commission on Human Rights to continue to pay special attention to the promotion of economic, social, and cultural rights.

  9. To call upon 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 promoting and protecting human rights, in coordination with other organs, agencies, and entities of the inter-American system, where appropriate.

  10. To urge those member states that have not yet done so to sign, ratify, or accede to, as appropriate, the various interAmerican instruments for the promotion and protection of human rights and, when applicable, to accept the competence of the InterAmerican 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 to recognize as binding the jurisdiction of the Inter-American Court of Human Rights.

  11. To recall the importance for the inter-American human rights promotion and protection system of the advisory opinions and findings issued by the Inter-American Court of Human Rights, particularly for the interpretation and application of the American Convention on Human Rights, and to invite the parties to contentious proceedings before the Court to continue to abide by its decisions, as provided in Articles 67 and 68 of that Convention.

  12. 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.

  13. To reiterate that it is important that the member state governments continue to extend the necessary guarantees to nongovernmental human rights organizations and their members, so that they may continue their activities in accordance with the constitution and laws of each country.

  14. To urge the member states to take or continue taking, as applicable, the measures needed to guarantee the integrity, independence, and autonomy of their judiciaries.

  15. To take note of the efforts made by the Inter-American Commission on Human Rights in response to the serious human rights situation in Haiti, and to reiterate the need to place the Commission in a position to implement fully the recommendations issued by the ad hoc Meeting of Ministers of Foreign Affairs, in accordance with the relevant paragraphs of resolutions MRE/RES. 1, 2, 3, 4, and 5, and particularly on-site visits to that country.

  16. To reaffirm that member states should take steps aimed at recognizing women's rights, especially those designed to eliminate violence directed against women by virtue of their gender, and to urge member states to cooperate with the Inter-American Commission on Human Rights and the Inter-American Commission of Women in this regard.

  17. To reaffirm the importance of the issue of disability and human rights, and the fact that the full enjoyment and exercise of the basic rights of persons with disabilities should be ensured accordingly.

  18. To reiterate the need to respect the principle of nondiscrimination and to safeguard the legal and social equality of persons carrying the human immunodeficiency virus (HIV) and suffering from acquired immune deficiency syndrome (AIDS); and to urge the member states to provide such persons with the appropriate treatment and to take the necessary educational and public health measures to prevent the spread of that disease and others like it while fully respecting the human rights of those afflicted.

  19. To urge member states to guarantee protection of the human rights of migratory workers and their families, of groups of the population that are disenfranchised or minorities, and of victims of racial discrimination; and to urge them to bring about conditions that will foster greater harmony and tolerance between those groups and the rest of society.

  20. To reiterate its appeal to member states to continue with and expand upon the appropriate measures to ensure observance of internationally recognized principles regarding the protection and humane treatment of refugees and those seeking asylum, and to reaffirm the need for member states to cooperate in the important work of the Office of the United Nations High Commissioner for Refugees.

  21. To emphasize the urgent need to strengthen mechanisms and programs for the defense and protection of children in the Hemisphere, and to call upon the Inter-American Commission on Human Rights and the Inter-American Children's Institute to cooperate with the member states in this regard.

  22. To urge member states that have not yet done so to comply with the request that they report to the Inter-American Commission on Human Rights on the social, cultural, and economic situation in their respective countries.

  23. To reiterate its most vehement condemnation of terrorism in any shape or form and by any agent, and to repudiate the grave consequences of such acts, which are designed to destroy human rights and fundamental freedoms; and to recommend that the InterAmerican Commission on Human Rights continue providing information in the areas envisioned in paragraph (c) of resolution AG/RES. 1112 (XXI-O/91) under "Recommendations to the Inter-American Commission on Human Rights," for which it shall take into account, among other background information, that provided by the member states.

  24. To express its deep sorrow regarding all the innocent victims of terrorism and of other indiscriminate and arbitrary acts of violence, which cannot, and should not be justified under any circumstance.

  25. To express its support for and solidarity with those member states that are engaged in peace processes, while fully observing the provisions that guarantee the rule of law.

  26. To reiterate its interest in a prompt conclusion of the drafting of a legal instrument dealing with the rights of indigenous peoples and communities.

  27. To reiterate the recommendation to the Inter-American Commission on Human Rights that in its annual report the Commission should provide an overall appraisal of how human rights have fared in all member states, taking into account the information supplied by the member states, among other sources.

  28. To reiterate the recommendation made to the InterAmerican Commission on Human Rights in resolution AG/RES. 1112 (XXI-O/91) to continue to include in its annual report its activities to promote and extend the observance of human rights in the member states.

  29. To ask the Inter-American Commission on Human Rights to report, in accordance with Article 63.b of its Regulations, on action taken with regard to the Permanent Council's observations and recommendations transmitted through the General Assembly.

  30. To urge those member state governments that have not yet done so to incorporate the subject of human rights at the different levels of their educational systems, in accordance with their domestic law; and to recommend that dissemination of information about the various facets of human rights be made a priority objective of each state's educational policy.

  31. To recommend to the Inter-American Juridical Committee that it continue including conferences and seminars publicizing various aspects of human rights issues in its annual courses on international law.

  32. 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 for the protection and promotion of human rights.

  33. To thank the Inter-American Commission on Human Rights for the information provided on the outcome of the World Conference on Human Rights and its potential impact on the development and strengthening of human rights in the inter-American system.

  34. To endorse the objectives proposed by the United Nations in observance of the International Year of the Family.

  35. To welcome the establishment by the United Nations of the post of High Commissioner for Human Rights, and to urge member states and the Inter-American Commission on Human Rights to give the High Commissioner their fullest possible cooperation in carrying out his important tasks.

  36. To recognize, on the thirty-fifth anniversary of the establishment of the Inter-American Commission on Human Rights, its important, arduous, and constant efforts to effectively protect and promote human rights in the Hemisphere.

  37. To urge member states to continue supporting and collaborating with the Inter-American Commission on Human Rights and to provide it with sufficient resources with which to properly carry out its work.

  38. To reiterate the recommendation issued in the Program of Action for Strengthening the OAS in the Area of Human Rights [AG/RES. 1112 (XXI-O/91)] to the General Secretariat, the Permanent Council, and the Preparatory Committee of the General Assembly that, when preparing the Organization's program-budget, they give priority to the allocation of sufficient resources to the InterAmerican Commission on Human Rights and the Inter-American Court of Human Rights.


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