Media Center

Background

HUMAN RIGHTS COMMISSION EXPRESSES CONCERN ABOUT RULE OF LAW IN THE AMERICAS

The Inter-American Commission on Human Rights (IACHR) today expressed its concern about the deterioration of the rule of law in some countries of the region, as well as the lack of full observance of economic, social and cultural rights. It also reiterated its concern about the vulnerability of human rights defenders in the Americas.

The Commission is made up of José Zalaquett, President; Clare K. Roberts, First Vice President; Susan Villarán, Second Vice President; and the Commissioners Evelio Fernández, Freddy Gutiérrez, Florentín Meléndez and Paulo Sergio Pinheiro. The Executive Secretary is Santiago A. Canton.

At the end of the Commission’s 119th regular session, José Zalaquett referred specifically to the situation in five countries: Bolivia, Colombia, Cuba, Haiti and Venezuela:

The Commission received information about the visit by its Executive Secretary to Bolivia, which took place last February 16 to 20. The visit responded to an invitation of the Bolivian government and to a resolution of the National Congress, which recommended that the executive branch ¨request the presence of the Inter-American Commission on Human Rights of the Organization of American States in order to assist in the investigation¨ of the grave events that took place in October 2003, which took some 56 lives. During the hearings, both representatives of the Bolivian state and civil society expressed interest in having the IACHR conduct an on-site visit to Bolivia. The Commission considered these invitations and instructed its Executive Secretariat to begin the appropriate preparations.

With respect to Colombia, the Commission received information about the impact of violence related to the armed conflict on vulnerable groups, human rights defenders and journalists, and about legislative measures whose implementation can affect the enjoyment of fundamental human rights, limitations upon the remedy of tutela, and discussions to limit the powers of the Constitutional Court. In response to an invitation by the OAS Permanent Council, the Commission also analyzed possible ways of providing advice to the Mission to Support the Peace Process in Colombia (MAPP/OEA). During its sessions, the Commission decided to collaborate with MAPP/OEA within the framework of its functions to promote and protect human rights in the hemisphere and, in particular, in Colombia. The Commission will provide the Permanent Council with a document that will explain the possible means of its participation as well as the necessary resources.

The grave human rights situation in Cuba has not changed, according to information received by the IACHR, due to the general violation of public liberties, particularly the right to freedom of expression, and due to the systematic repression of dissidents and independent journalists. The Commission will continue to study the general human rights situation in that country, not only in its general reports, but also as it considers individual cases and petitions, and issues precautionary measures.


Concerning Haiti, the Commission continues to be extremely concerned about the state of human rights during the current crisis. The Commission received daily information of many killings and other violations of human rights. The Commission insists that the human rights of all persons must be respected in the process of restoring democratic institutions in Haiti. Human rights violators must be investigated, prosecuted and punished. The Commission also reiterates its call to all parties to ensure that the delivery of humanitarian aid is not hindered. In this time of crisis in Haiti, the Commission is particularly mindful of the condition of children, women and other vulnerable groups. It will continue to monitor the situation closely and looks forward to the full restoration of the rule of law and democratic institutions, in accordance with the Democratic Charter and the American Convention on Human Rights.

With respect to Venezuela, the Commission received information concerning the serious acts of violence that took place during recent demonstrations, held between February 27 and March 1, 2004, which resulted in at least eight deaths, 21 injuries and many arrests. Regarding this particular situation, the Commission reiterates its call for peace and the preservation of democracy and the rule of law, under the terms of the American Convention and the Inter-American Democratic Charter, noting that it is only through dialogue and respect for the democratic system that the Venezuelan people will find a solution to this difficult situation. The Commission also received information concerning the proliferation of quasi-police groups that operate on the margins of the law in various states in Venezuela; the impunity surrounding the investigations of cases related to human rights violations; and the fragility of the judicial system caused, in part, by the fact that some 80% of the judges have provisional status. Finally, the Commission received information concerning the situation of indigenous peoples in mining zones in the southern part of Venezuela. The Commission will publish its report on the human rights situation in Venezuela on March 18.

The Commission considers unacceptable the Venezuelan government’s attempt to question the impartiality of its Executive Secretary with respect to that country. The attempted recusal of Dr. Canton sought by the Venezuelan government has no grounds or legal basis. The Commission expresses its confidence in the high moral and professional qualities demonstrated by Dr. Santiago A. Canton in the performance of his duties as Executive Secretary.

In other matters, the IACHR expressed its concern about comments made in recent months by high-level authorities of some states in relation to organizations dedicated to the defense of human rights. The Commission’s experience indicates that official comments questioning the work of human rights defenders can generate a grave risk to the life, personal integrity and work of activists and human rights defenders.

Washington, March 12, 2004

Reference: IACHR-08