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Background

IACHR REAFFIRMS ITS INDEPENDENCE
AT THE CONCLUSION OF ITS SESSIONS

1. The Inter-American Commission on Human Rights (IACHR) reported on the activities carried out during its 121st regular sessions. The Members of the IACHR are José Zalaquett, President; Clare K. Roberts, First Vice President; Susana Villarán, Second Vice President; and Commissioners Evelio Fernández Arévalos, Paulo Sérgio Pinheiro, Freddy Gutiérrez and Florentín Meléndez. The Executive Secretary of the IACHR is Santiago A. Canton.

2. In view of the weakening of the rule of law, the lack of effective enjoyment of economic, social and cultural rights and the vulnerability of human rights defenders in the Americas, it is necessary --among other measures-- to strengthen the IACHR and guarantee its autonomy. This position was set forth by IACHR President, Commissioner José Zalaquett, at a session of the Committee on Juridical and Political Affairs (CAJP) of the OAS Permanent Council. In that session, there was also a discussion of the serious financial situation, the reflection process on the inter-American system for the protection and promotion of human rights, and other matters. The Inter-American Commission reaffirmed the importance of its independence and autonomy as a principal human rights organ of the Organization of American States, a position that received firm and generalized support from Member States.

3. When addressing the situation of human rights in the Americas, the Inter-American Commission made particular reference to the situation in Haiti, Colombia, Cuba and Venezuela.

4. The Commission carried out a visit to Haiti this past September, and during the present sessions received additional information concerning the situation of human rights there. Among other points, this information refers to serious incidents of violence perpetrated by illegal armed gangs that have lead to the death of a number of civilians and members of the police. Additionally, information was received concerning the arbitrary detention of various individuals, including individuals associated with the former Government of Haiti, as well as threats and other acts of violence against human rights defenders, journalists and the population in general. The Inter-American Commission is gravely concerned by the volatile situation in Haiti, and deplores the threats and violence that have occurred there in these last weeks. The Commission again urges that the Government of Haiti take the urgent measures necessary to guarantee the security of the population by disarming illegal groups. The IACHR emphasizes the urgent need for enhanced international assistance in bringing security to the country and calls upon the international community to strengthen its efforts in this regard. Further, it reiterates the obligation of the State to investigate and punish, in accordance with due process, those responsible for killings, threats and other human rights violations. On this date, the IACHR issued a special press release on the situation in Haiti.


5. The Inter-American Commission received information on the situation in Colombia, especially regarding the impact of violence due to the armed conflict on the population. In July of 2004, a delegation of the Inter-American Commission traveled to Colombia in order to gather direct information regarding initiatives for the demobilization of illegal armed groups, as well as the applicable legal standards, and the mechanisms to ensure that the process is carried out in accordance with that State’s international obligations. On the basis of information received through cooperation with the Mission to Support the Peace Process in Colombia (MAPP/OEA), as well as contacts with other organs of the international community, civil society, the Colombian Government, and its on-site observation, the IACHR is preparing a report on the demobilization process, which shall be issued soon. In this respect, the Inter-American Commission reiterates the importance of guarantees of justice and reparations for the victims, as well as its concern with the lack of an adequate and clear legal framework for this process.

6. In Cuba there is a persistent situation of generalized violation of public liberties, specifically the right to political participation and freedom of expression, as well as systematic repression against dissidents, human rights defenders and independent journalists. During the present sessions, the IACHR approved three admissibility reports with respect to emblematic cases including allegations of: summary trials followed by the imposition of the death penalty and execution; the trial and conviction absent due process guarantees of more than 70 dissidents and opposition members between March and April 2003; and the illegal detention of opposition leaders for exercising their right to freedom of expression.

7. With respect to Venezuela, the IACHR emphasized in positive terms the massive participation of the population, in a way that was generally peaceful, in the referendum on revocation held on August 15, 2004. During the present session, the Commission received information concerning this situation. Additionally, the Commission accepted the recent invitation from the Government of Venezuela to carry out an on-site visit in that country, and hopes to carry it out in the next months. The Inter-American Commission reiterates its concern with respect to the Draft Law on Social Responsibility on Radio and Television currently under discussion by the National Assembly of Venezuela. Various articles of this draft do not reflect the international parameters for the protection of human rights, the jurisprudence of the system in this area, or the recommendations of the IACHR. Finally, the Commission received with concern information according to which certain nongovernmental organizations are being subjected to judicial investigations for "conspiracy to destroy the Republican political form," a crime set forth in the Criminal Code, or have been publicly labeled by government authorities as conspirators and traitors against the country. The supposed basis for such accusations consists of having received economic financing from foreign entities to carry out educational, civic and human rights promotion programs.

8. During these sessions, the greater part of the Commission’s work program was dedicated to the consideration of draft reports on individual petitions and cases, precautionary and provisional measures, and work before the Inter-American Court. During the week dedicated to hearings and working meetings, there was participation by high-ranking authorities, including several Cabinet Ministers and Vice Ministers, as well as Attorneys-General and public prosecutors from several countries, who expressed on behalf of their respective States the willingness to maintain dialogue with the IACHR and civil society. The IACHR expresses its satisfaction with the significant advances made in various friendly settlement procedures aimed at remedying human rights violations denounced. Also, among the numerous thematic issues addressed, the Commission highlights the hearings on the situation of women who have been subjected to violence in Ciudad Juarez and Chihuahua, Mexico, the sexual exploitation of minors in Central America, the rights of persons of African descent in the Americas, and the situation of persons living with HIV/AIDS in the hemisphere, as well as the situation of human rights defenders.

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9. The next regular sessions of the IACHR shall be held from February 21 to March 11, 2005. The complete report concerning the 121st period of sessions can be found at the web page www.cidh.org.

Washington, D.C., October 28, 2004

Reference: IACHR-23