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PERMANENT COUNCIL OF THE OEA/Ser.G

ORGANIZATION OF AMERICAN STATES CP/CAJP-1810/01

16 May 2001

COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: Spanish

REPORT OF THE

COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS

ON THE OBSERVATIONS AND RECOMMENDATIONS ON THE

ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

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REPORT OF THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS

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

1. Introduction

At its regular meeting of April 25, 2001, for purposes of consideration of the annual reports of the organs, agencies, and entities of the inter-American system, pursuant to Article 91.f of the OAS Charter, the Permanent Council decided to refer the annual report of the Inter-American Commission on Human Rights to the Committee on Juridical and Political Affairs.

At its meetings of April 26 and May 3, 2001, the Committee on Juridical and Political Affairs received Claudio Grossman, President of the Inter-American Commission on Human Rights (IACHR); Robert Goldman, member of the Commission; Jorge Taiana, IACHR Executive Secretary; David Padilla, IACHR Assistant Executive Secretary; and Santiago Cantón, Special Rapporteur for Freedom of Expression in the Americas. The President of the Commission gave a presentation on the activities carried out by the Commission in 2000, which is attached hereto and forms an integral part of this report. The Committee on Juridical and Political Affairs then considered both the form and content of the Annual Report of the Commission, and decided to make the corresponding observations and recommendations. It also noted that the Annual Report of the Inter-American Commission on Human Rights was in keeping in form and content with the provisions of resolution AG/RES. 331 (VIII-O/78), adopted by the General Assembly at its eighth regular session, and noted with satisfaction that the report had been presented within the period established in Article 34.1 of the Rules of Procedure of the Permanent Council.

2.  Presentation of the Annual Report of the Inter-American Commission on Human Rights by the President of that organ

The President of the Inter-American Commission on Human Rights presented the annual report of that organ on the activities carried out in 2000. The report comprises three volumes and includes the Report of the Office of the Special Rapporteur for Freedom of Expression in the Americas. The President also presented the third report on the situation of human rights in Paraguay.

First, he indicated that the fact that many democratically elected governments were in place in the region had fostered more appropriate conditions for the consolidation of the rule of law and the effectiveness of human rights. He added that although the number of petitions had not fallen, the nature of the complaints had changed from disappearances, summary executions, and torture to petitions involving violations of due process, freedom of expression, and discrimination. Despite recent achievements, it was important to bear in mind that much remained to be done if the full effectiveness of human rights were to be ensured.

He then indicated that since the presentation of its last annual report, the Inter-American Commission on Human Rights had held two regular sessions and three special sessions, two of which had taken place in Brazil and Chile, at the invitation of those governments. The Commission had also made an on-site visit to Haiti and had organized a seminar on the inter-American human rights system, held on February 1 and 2, 2001, in Grenada. The seminar had been so successful that the Commission was planning a similar event in Belize.

The President of the Commission indicated that 930 individuals cases were pending before it; that in 2000, it had received 681 accusations of human rights violations; and that in the annual report under reference were published 35 reports on cases declared admissible; 23 reports on the merits; 13 reports on cases of friendly settlement; 21 reports on cases declared inadmissible; and 61 cases in which the file was ordered closed.

He indicated that friendly settlements demonstrated the intention of the parties to settle serious disputes at much lower procedural cost. He indicated that in 2000, the Commission had promoted or had continued to promote the friendly settlement procedure in 91 individual cases and that, in many cases, these had concluded with the signature of agreements that had benefited hundreds of individuals. The President of the Commission thanked the petitioners and governments for their capacity for cooperation in situations that were often difficult.

The President also indicated that since the last annual report was presented, 52 precautionary measures had been granted in cases involving 21 member states, and he emphasized that the use of such measures was a flexible and highly effective instrument for preventing the occurrence of serious human rights violations. With respect to the Inter-American Court of Human Rights, the President added that the Commission had continued to appear before the Court in 24 pending contentious cases and 12 cases where provisional measures had been granted in situations of serious and irreparable damage.

Dr. Claudio Grossman indicated to the Committee on Juridical and Political Affairs that although the processing of cases was the main activity of the Inter-American Commission on Human Rights at this stage of the system's evolution, on-site visits had become no less important or essential as a vital mechanism for the promotion and protection of human rights. He thanked the Government of Panama for its invitation to make an on-site visit to that country in June 2001, thanked the Government of Colombia for a similar invitation, and indicated that the Commission was waiting for a date to be set to visit the Republic of Venezuela in connection with an invitation received by that Government.

With respect to Chapter IV of the Annual Report, which identified member states whose human rights practices had been the subject of special attention, Dr. Grossman indicated that this year, the situations in Cuba and Colombia had been studied.

The President of the Commission then referred to the new Rules of Procedure of the Commission, which entered into force on May 1, 2001. He described the Rules as the result of a wide-ranging, lengthy, and transparent process, which had taken account of the proposals of the General Assembly, member states, and over 100 nongovernmental organizations and other members of civil society, including independent experts in this area. He indicated that said reform also reflected the wealth of juridical expertise developed by the Commission, which had privileged knowledge of the needs and challenges facing the case-based system, so that justice might be pursued through a transparent and reliable legal framework. He underscored the fact that the new Rules of Procedure reflected the suggestions put forward in resolution AG/RES. 1701 (XXX-O/00), adopted by the General Assembly at its regular session held in Windsor, among them, resolving questions pertaining to the admissibility of individual petitions by opening a separate, mandatory procedure; issuing the Commission's findings by way of concise resolutions, the publication of which would not prejudge the responsibility of the state; and defining the criteria followed by the Commission in referring cases to the Inter-American Court of Human Rights. The new Rules of Procedure did in fact establish a separate prior procedure, with the participation of both parties, to determine whether petitions meet the admissibility requirements in force, and establish a working group on admissibility to meet prior to the sessions and to make the corresponding recommendations to plenary sessions of the Commission. Dr. Grossman also indicated that the new Rules of Procedure consolidated the procedure for processing petitions presented pursuant to the American Convention on Human Rights and other juridical instruments in this area.

Moreover, with the aim of expediting procedure before the Commission, the new Rules of Procedure established shorter deadlines, in both the admissibility and the merits phases, while not impairing the right of the state to self-defense. They also placed greater weight on the friendly settlement procedure as a step prior to the decision on the merits, and at any other stage of examination of a petition or case, and expressly instituted this phase in procedure applicable to States not Parties to the Convention. He also indicated that criteria had been established for referring cases to the Court and that the new Rules of Procedure generally provided for greater participation by the victim in proceedings before the Court. He underscored the fact that independent representation of the victims finally enabled any perception to be avoided that the Commission played a dual role in the system.

The President of the Commission indicated that it was essential to observe how these changes evolve in practice and how they contribute to the shared objective of the promotion and protection of human rights. The temptation should be avoided to undertake wide-ranging reform that might be detrimental to the system. He suggested that application of the new Rules of Procedure would nonetheless require additional financial resources, and he pointed out that the Heads of State and Government, at the Third Summit of the Americas, had indicated the need for a substantial increase in resources to maintain ongoing operations of the Commission and the Court and, in particular, they entrusted the General Assembly of the OAS, at its thirty-first regular session, to initiate actions to meet the above-mentioned goals.

The President of the Commission concluded his presentation by making a series of recommendations, and reiterated that the integrity and effectiveness of the process for protection of individuals depended primarily on the efforts of member states to achieve universal acceptance of the system through ratification of the American Convention on Human Rights and the other legal instruments in this area, and acceptance of the competence of the Court; on fulfillment of the obligation to adjust the domestic legislation of the States Parties to the rights enshrined in the instruments adopted within the framework of the system, and on the due interpretation and application thereof by their legal entities, in particular, their courts; and on fulfillment of international commitments and compliance with the decisions and recommendations of the Court and the Commission. He called upon the governments to combat and overcome the social marginalization affecting the region's inhabitants through the adoption of measures to promote the effectiveness of social, economic, and cultural rights and to continue their efforts to consolidate the supremacy and the rule of law. He underscored the duty of the states to eliminate discrimination; to afford special protection to and foster the development of persons in situations of vulnerability; to prevent or make reparation for the consequences of violations committed; and to eliminate impunity and violations of due process. Lastly, he urged the states to fulfill their duty to combat and eliminate sources of aggression against human rights defenders, human rights organizations, and journalists, and to protect their right to life, right to personal security, right of freedom of association, and right of freedom of expression.

Before concluding, the President of the Inter-American Commission on Human Rights reiterated his firm support for the work of the Committee on Juridical and Political Affairs of the Permanent Council of the OAS in connection with the process of enhancing and strengthening the promotion and protection of human rights and offered to enter into dialogue with the delegations in connection with the report presented.

3.  Observations and recommendations of the Committee on Juridical and Political Affairs

The Chair of the Committee on Juridical and Political Affairs thanked the President of the Inter-American Commission on Human Rights for his detailed presentation, and the Commission in general for its excellent work in the area of the protection of human rights. The following delegations then made observations and recommendations on the annual report of the Inter-American Commission on Human Rights on the activities it had carried out in 2000:

In accordance with the decision of the Committee on Juridical and Political Affairs, the verbatim minutes of its meetings of April 26 and May 3, 2001, are attached hereto, together with the written observations on this topic transmitted subsequently by the delegations.

Lastly, at its meeting of May 10, 2001, the Committee on Juridical and Political Affairs decided to present this report to the Permanent Council, together with its corresponding draft resolution which, pursuant to the provisions of Article 91.f of the Charter, reflect the observations and recommendations that it deemed pertinent to make on the annual report that the Inter-American Commission of Human Rights has presented to the General Assembly, pursuant to the provisions of Article 65 of the American Convention on Human Rights.


APPENDIX I

COMISIÓN DE ASUNTOS JURÍDICOS Y POLÍTICOS

26 de abril de 2001

La PRESIDENTA: Muy buenos días, distinguidos Representantes. Observando el quórum reglamentario, daremos inicio a la reunión de la Comisión de Asuntos Jurídicos y Políticos, para considerar el orden del día que se encuentra en el documento CP/CAJP-1787/01, para tratar el Informe Anual de la Corte Interamericana de Derechos Humanos, como primer punto, y continuar luego la consideración del diálogo sobre el fortalecimiento del sistema interamericano de protección y promoción de los Derechos Humanos, con la participación del Presidente de la Comisión Interamericana de Derechos Humanos, el doctor Claudio Grossman. De no haber observaciones, lo daríamos por aprobado. Aprobado

ANUNCIOS DE LA PRESIDENCIA

La PRESIDENTA: Antes de comenzar lo que, a todo pronóstico, será una interesantísima sesión, quisiera pedir la indulgencia de la Sala para hacer unos anuncios importantes en el trabajo de la Comisión. En primer lugar, esta sesión está programada de 9:30 a.m. a 2:30 p.m., para permitir la profundización de los dos temas que tenemos en el orden del día.

El segundo aspecto que quisiera compartir con la Comisión es que, como todos saben, la Cumbre de las Américas permitió a nuestros mandatarios definir cuestiones muy importantes que están directamente vinculadas con esta Comisión.

Otro aspecto es la cuestión del tiempo. Y en ese sentido quisiera compartir con ustedes que esta Comisión tiene pendientes catorce resoluciones y tenemos que tener terminado nuestro trabajo a más tardara el 17 de mayo. Como estas resoluciones no son resoluciones fáciles, digamos, sino que requerirán consultas intensas, la Presidencia ha programado reuniones de todo el día el 3 de mayo, el 8 de mayo, el 10 de mayo, el 15 de mayo y, si fuera necesaria una más, el 17 de mayo.