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Joint NGO Statement before the 30th Regular Session of the General Assembly of the Organization of American States
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Amnesty International

June 4, 2000
At the start of the 21st Century the General Assembly of
the Organization of American States (OAS) should take stock of the protection, promotion
and effective recognition of human rights in the Americas, in order to take the necessary
steps and solutions to guarantee the rights and freedoms of the American peoples. Some
advances have certainly been achieved since the General Assembly held last year in
Guatemala, including the entry into force of the Additional Protocol to the American
Convention on Human Rights in the Area of Economic, Social and Cultural Rights
("Protocol of San Salvador") and the adoption of the Guidelines for Civil
Society participation in activities of the OAS. In spite of this, however, the human
rights situation in the Americas continues to be a matter of grave concern. Equally
worrying are the attempts of some States in recent years to undermine the inter-American
system for the protection and promotion of human rights and its effectivenss.
Impunity for human rights violations continues to be
flagrant in several countries in the region. Such impunity, preserved by way of amnesty
laws, pardons and the military justice system, undermines the very bases of the rule of
law. By placing those responsible for human rights violations beyond the reach of the law,
impunity encourages the continued violation of human rights.
Enforced disappearances, extrajudicial executions, torture and arbitrary detentions
persist in many countries in the region. In spite of the abolitionist aim of the
inter-American system of human rights, the death penalty has not been eradicated from the
region. In a majority of countries in the region conditions of detention constitute cruel,
inhuman and degrading treatment. In some countries prisoners of conscience remain
incarcerated. In several countries freedoms of expression and of the press are not duly
protected. The situation of women's and children's rights remain precarious. The
recruitment and use of under 18 year olds as soldiers or combatants continues to be the
norm in several countries. The right to the protection of the law, access to justice and
judicial guarantees are frequently threatened, when not outrightly denied, in many
countries in the region.
Economic, social and cultural rights of the majority of
the population of the hemisphere are denied on a daily basis. In several countries the
percentage of the population living in conditions of poverty or misery has increased. In
the majority of countries in the region the rights of indigenous peoples and Afro-American
communities are not recognized.
The situation of human rights defenders remains a matter of serious concern. In many
countries in the region, human rights defenders continue facing serious difficulties as
they carry out their legitimate work. Since the OAS held its last General Assembly human
rights defenders have been killed, threatened with death, harassed or forced into exile in
several countries in the region. The commitment of States to support and protect the work
of human rights defenders, as expressed by the General Assembly's adoption of Resolution
AG/RES 1671 (XXIX-O/99) in June 1999 and by the adoption of the Declaration on Human
Rights Defenders by the UN General Assembly by way of Resolution 53/144 on 9 December
1998, has not been translated into practice by many governments in the region.
It is encouraging to see that more and more countries of the region are signing the
Rome Statute of the International Criminal Court and that two countries (Belize and
Trinidad and Tobago) have ratified it. The International Criminal Court, which will
complement action taken by national justice systems, is set to become an essential
instrument for the prevention of widespread or systematic human rights violations and war
crimes. The combined action of the International Criminal Court and of national Courts
will allow for the effective fight against crimes against humanity and war crimes, as well
as for the eradication of impunity.
Full ratification of the inter-American human rights
treaties is still incomplete. While we welcome Barbados' recent acceptance of the
contentious jurisdiction of the Inter-American Court of Human Rights, several states
continue not to implement precautionary measures, decisions and recommendations of the
Inter-American Commission on Human Rights as well as the provisional measures and
judgments of the Inter-American Court of Human Rights. The withdrawal of Trinidad and
Tobago from the American Convention on Human Rights in 1998 and Peru's "withdrawal
with immediate effect" of the contentious jurisdiction of the Inter-American Court of
Human Rights in 1999, constitute extremely serious efforts to undermine the integrity of
the inter-American human rights system.
The undersigned Non-Governmental Organizations call on
the General Assembly of the OAS in its 30th Regular Period of Sessions to:
1. Establish a process for the formulation of a Human Rights Action Plan, which would
include the participation of organizations of civil society, with a view to presenting
this plan to the Quebec Summit;
2. Urge the full ratification of the American Convention on Human Rights and other
inter-American human rights systems by all member States of the OAS;
3. Urge all American States to take the necessary steps for their national legislation
to conform with their international human rights obligations;
4. Strongly urge Trinidad and Tobago to re-accede to the American Convention on Human
Rights without reservations which go against the object and purpose of the Convention;
5. Strongly support the ruling of the Inter-American Court of Human Rights on the
withdrawal of Peru from the contentious jurisdiction of the Court and call on the Peruvian
authorities to comply with their obligations under the American Convention on Human
Rights;
6. Urge the American States to implement the precautionary and provisional measures,
resolutions and sentences of the Inter-American Commission and Court;
7. Strengthen the inter-American system for the protection of human rights by ensuring
that members of the Inter-American Commission and Court have the necessary experience and
moral authority, establishing mechanisms that guarantee transparency in the election
process of these members and providing sufficient financial resources for the necessary
functioning of these two organs;
8. Reiterate the abolitionist aim of the inter-American human rights system and urge
States which retain the death penalty to suspend executions, with a view to completely
abolishing the death penalty;
9. Reiterate its recognition and support for the work of human rights defenders and
urge States to provide guarantees for human rights defenders to carry out their work;
10. Urge states to adopt the necessary measures to ensure that the system of
consultative status for organizations of civil society provides for their effective
participation in the work of the OAS;
11. Urge member States to sign and ratify the Rome Statute of the International
Criminal Court.
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