General assembly thirty-seventh regular session panama, republic of panama



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CONCERNED that situations persist in the Americas that directly or indirectly prevent or hamper the work of individuals, groups, or organizations working to promote and protect human rights and fundamental freedoms;
Bearing in mind that, in resolution 60/161 of the United Nations General Assembly and resolution 2005/67 of the United Nations Commission on Human Rights, the member states of the United Nations noted “with deep concern that, in many countries, persons and organizations engaged in promoting and defending human rights and fundamental freedoms are facing threats, harassment and insecurity as a result of those activities”;
CONSIDERING that the member states of the Organization of American States support the work carried out by human rights defenders and recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Americas, and to the representation and defense of individuals, minorities, and other groups of persons whose rights are threatened or violated;
NOTING that the decisions of the Inter-American Court of Human Rights granting provisional measures, and the “Report on the Situation of Human Rights Defenders in the Americas,” prepared by the Inter-American Commission on Human Rights, have highlighted the importance of the work of human rights defenders to the development of democracies in the Americas;

URGING the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights to continue its work;


EMPHASIZING that the protection and promotion of human rights is legitimate work and that, in the exercise of their duties, human rights defenders contribute decisively to strengthening democratic institutions and improving national human rights systems; and
EMPHASIZING ALSO the importance of the role of human rights defenders in promoting dialogue, openness, participation, and justice to contribute to the prevention of violence and promote sustainable peace and security, and the affirmation that, to be effective, international strategies in this area must pay special attention to protecting human rights defenders,
RESOLVES:


  1. To reiterate its support for the work carried out, at both the national and regional levels, by human rights defenders; and to recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Hemisphere.




  1. To recognize that, in view of their specific role and needs, women human rights defenders should be accorded special attention to ensure that they are fully protected and effective in carrying out their important activities.




  1. To condemn actions that directly or indirectly prevent or hamper the work of human rights defenders in the Americas.




  1. To encourage human rights defenders to continue their selfless work and their contributions to the enhancement of national human rights systems for the strengthening of democracy, in accordance with the principles contained in the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.




  1. To encourage member states to continue or begin, as the case may be, activities to educate and disseminate information to government officials, society at large, and the media, both public and private, so as to make them aware of the importance and validity of the work of human rights defenders and their organizations.




  1. To urge member states to continue stepping up their efforts to adopt necessary measures to safeguard the lives, freedom, and personal safety of human rights defenders and their relatives, including effective emergency protection measures in the case of imminent threat or danger, and to ensure that thorough and impartial investigations and proceedings are carried out, and appropriate punishments are applied, in all cases of violations against human rights defenders.




  1. To request the Inter-American Commission on Human Rights to:




  1. Continue to give due consideration to this matter;




  1. Continue intensifying its dialogue and cooperation with the United Nations Special Representative of the Secretary-General on Human Rights Defenders; and




  1. Include in its annual report a section on the work of the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights.




  1. To encourage member states to ensure that national regulations–including registration where applicable under national law–concerning human rights defenders and their organizations, allow their work to be carried out in a free, transparent, and open political environment and in a manner consistent with applicable international human rights and humanitarian law.




  1. To invite member states to promote the dissemination and enforcement of the instruments of the inter-American system and the decisions of its bodies on this matter, as well as the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.




  1. To invite member states to consider the preparation and implementation of national plans to apply the principles contained in the United Nations Declaration mentioned in the preceding paragraph, for which purpose they may also request the advisory services of the Inter-American Commission on Human Rights.




  1. To invite member states to inform the Inter-American Commission on Human Rights of measures adopted to follow up on the recommendations contained in the “Report on the Situation of Human Rights Defenders in the Americas,” prepared in 2006 by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights.




  1. To request the Permanent Council to report to the General Assembly at its thirty-eighth regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.

AG/RES. 2281 (XXXVII-O/07)
STRENGTHENING THE ACTIVITIES OF THE
JUSTICE STUDIES CENTER OF THE AMERICAS
(Adopted at the fourth plenary session, held on June 5, 2007)

THE GENERAL ASSEMBLY,


HAVING SEEN the mandates assigned by the Third and the Fourth Summit of the Americas; resolution AG/RES. 1 (XXVI-E/99), which decided to establish the Justice Studies Center of the Americas (JSCA); resolution AG/RES. 2068 (XXXV-O/05), “Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas”; the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1), especially with respect to the implementation of resolution AG/RES. 2068 (XXXV-O/05); and resolutions AG/RES. 2228 (XXXVI-O/06), “Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas”; AG/RES. 2216 (XXXVI-O/06) “Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas: Strengthening the Activities of the Justice Studies Center of the Americas”; and AG/RES. 2266 (XXXVII-O/07), “Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas: Support for the REMJA Process”;
TAKING INTO ACCOUNT that the member states can continue considering the proposals presented by the JSCA at each Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA);
WELCOMING the presentation made by the JSCA to the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-VI), held in Santo Domingo, Dominican Republic, in April 2006, of a funding plan which proposed a system of suggested voluntary contributions by member states to cover the JSCA’s basic costs;
APPRECIATING the voluntary contributions made by Belize, Chile, and Mexico;
NOTING that, as indicated in the aforementioned plan, the Center’s basic costs for central administration and for services provided regionally through its Virtual Information Center and publications, now amounts to US$675,000 per year;
TAKING INTO ACCOUNT the report on the Center’s activities and its report on justice in the Americas 2005–2006, presented to the Permanent Council on January 22, 2007 (CP/doc.4173/07), as well as the third report on justice in the Americas (CP/doc.4170/07), which reflects the specific activities undertaken by the JSCA in recent years to strengthen justice systems in the member states;
NOTING that the JSCA reported that it is working intensely to expand and develop new projects with multilateral agencies and financial institutions; and
RECALLING that Article 17 of the Center’s Statute, adopted in 1999 by the General Assembly at its twenty-sixth special session, establishes that the JSCA and its activities may be funded with voluntary contributions of the OAS member states as well as with funds from other public and private sources,
RESOLVES:


  1. To reiterate its appeal to member states to consider making voluntary contributions to the Justice Studies Center of the Americas (JSCA) to cover its basic costs.




  1. To invite the permanent observers of the Organization to make voluntary contributions to the JSCA.




  1. To request that the Permanent Council, through the Committee on Juridical and Political Affairs, include on its agenda a dialogue with the JSCA to consider finding ways to expand cooperation between the member states and the Center, taking into account the conclusions and recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJAs) in this regard.




  1. To instruct the Permanent Council to report to the General Assembly at its thirty-eighth regular session on the implementation of this resolution.

AG/RES. 2282 (XXXVII-O/07)
AMENDMENT OF ARTICLE 4 OF THE STATUTES OF
THE INTER-AMERICAN JURIDICAL COMMITTEE
(Adopted at the fourth plenary session, held on June 5, 2007)

THE GENERAL ASSEMBLY,


HAVING SEEN:
Articles 99 to 105 of the Charter of the Organization of American States (OAS), on the Inter-American Juridical Committee (CJI);
The Statutes of the CJI, adopted by the General Assembly of the Organization at its second regular session, held in Washington, D.C., in April 1972 [AG/RES. 89 (II-O/72)]; and
The Statutes of the CJI, Article 37 of which establishes that any amendment to these Statutes must be approved by the General Assembly;
CONSIDERING:
That the Inter-American Juridical Committee is an organ of the OAS whose purpose is serve the Organization as an advisory body on juridical matters;
That Article 101 of the OAS Charter provides that the CJI shall be composed of 11 jurists, nationals of member states, elected for a period of four years from panels of three candidates presented by said states. The General Assembly shall conduct the election through a system that takes into account the partial replacement of membership and, insofar as possible, equitable geographic representation; and
That Article 101 also provides that no two members of the Committee may be nationals of the same state; and
TAKING INTO ACCOUNT:
That the Statutes of the Inter-American Juridical Committee do not establish a term limit for its members; and
That the statutes of other OAS organs whose members are elected by the General Assembly establish that said members may be reelected only once,
RESOLVES:
To amend Article 4 of the Statutes of the Inter-American Juridical Committee to read as follows:
Article 4
The Committee shall be composed of 11 jurists, nationals of the member states, elected by the General Assembly in their personal capacity for a period of four years, from panels of three candidates presented by those states.
Its members may be reelected consecutively only once. Their terms of office shall begin on January 1 of the year following their election. Part of the membership of the Committee shall be replaced every year.

AG/RES. 2283 (XXXVII-O/07)


STUDY OF THE RIGHTS AND THE CARE OF PERSONS
UNDER ANY FORM OF DETENTION OR IMPRISONMENT
(Adopted at the fourth plenary session, held on June 5, 2007)

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1) as it pertains to this topic, as well as resolutions AG/RES. 1816 (XXXI-O/01), AG/RES. 1897 (XXXII-O/02), AG/RES. 1927 (XXXIII-O/03), AG/RES. 2037 (XXXIV-O/04), AG/RES. 2125 (XXXV-O/05), and AG/RES. 2233 (XXXVI-O/06);
TAKING INTO ACCOUNT:
That in the inter-American system the member states of the Organization of American States (OAS) undertake to respect and protect the human rights of persons who have been deprived of freedom, including all applicable rights established in the American Declaration of the Rights and Duties of Man and those established in all other human rights instruments to which they are party;
That consultations with the member states on this subject have continued within the Committee on Juridical and Political Affairs (CAJP) and that a number of them have replied to the questionnaire prepared for that purpose (CP/CAJP-1853/01 rev. 1);
The conclusions and recommendations of the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-V), contained in its Final Report (REMJA-V/doc.9/04), and, in particular, the recommendation that the states promote “modernization of prison infrastructure and extend the functions of rehabilitation and social integration of the individual, by improving conditions of detention and studying new penitentiary standards”;
The conclusions and recommendations of the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (REMJA-VI), including those on a possible inter-American declaration on the rights, duties, and care of persons under any form of detention or imprisonment and those on the feasibility of preparing a hemispheric manual on penitentiary rights, taking as a basis the United Nations Standard Minimum Rules for the Treatment of Prisoners (REMJA-VI/doc.21/06 rev. 1, paragraphs 4.d and b);
The Recommendations of the First Meeting of Officials Responsible for the Penitentiary and Prison Policies of the OAS Member States (GAPECA/doc.04/03), held in Washington, D.C., on October 16 and 17, 2003;
That the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the Inter-American Commission on Human Rights is preparing a draft “Declaration of Principles on the Protection of Persons Deprived of Freedom in the Americas”; and
OBSERVING WITH CONCERN the critical situation of violence and overcrowding in places of deprivation of freedom in the Americas, and stressing the need to take concrete measures to prevent this situation and to ensure the exercise of the human rights of persons deprived of freedom,
RESOLVES:


  1. To urge member states to comply, under all circumstances, with all applicable international obligations to respect the human rights of persons under any form of detention or imprisonment, including the rights established in the American Declaration of the Rights and Duties of Man and those established in all other human rights instruments to which they are party.




  1. To instruct the Permanent Council to continue studying the question of the rights and the care of persons under any form of detention or imprisonment, in cooperation with the competent organs and entities of the inter-American system and taking into account the Conclusions and Recommendations of the Sixth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, contained in the Final Report of that meeting (REMJA-VI/doc.24/06 rev. 1), including the report of the First Meeting of Officials Responsible for the Penitentiary and Prison Policies of the OAS Member States (GAPECA/doc.04/03).




  1. To request the Inter-American Commission on Human Rights (IACHR) to continue reporting on the situation of persons under any form of detention or imprisonment in the Hemisphere and, using as a basis its work on the subject, to proceed with the compilation of the regional and global standards for detention and imprisonment policies in the member states, making reference to any problems and good practices observed.




  1. To congratulate and acknowledge those member states that have invited the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the Inter-American Commission on Human Rights (IACHR) to visit their countries, including their detention centers; and to encourage all member states to facilitate such visits.




  1. To call upon member states to consider allocating more funds to the IACHR to enable it to support the effective fulfillment of the mandate assigned to its Special Rapporteurship on the Rights of Persons Deprived of Freedom in the Americas.




  1. To reiterate to the Permanent Council that, on the basis of the results of the discussions and studies conducted, including the inputs of the IACHR, and of the work of the Special Rapporteur on the Rights of Persons Deprived of Freedom in the Americas of the Inter-American Commission on Human Rights and the results of the Second Meeting of Officials Responsible for Penitentiary and Prison Policies, to be held pursuant to the REMJA-VI decision, indicating the need for it to be held as soon as possible, it should consider the possibility of drafting an inter-American declaration on the rights, duties, and care of persons under any form of detention or imprisonment, with a view to strengthening existing international standards on these topics, and the feasibility of preparing a hemispheric manual on penitentiary rights, taking as a basis the United Nations Standard Minimum Rules for the Treatment of Prisoners.8/

  2. To request the Permanent Council to report to the General Assembly at its thirty-eighth regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.

AG/RES. 2284 (XXXVII-O/07)
SITUATION OF THE INTER-AMERICAN INDIAN INSTITUTE
(Adopted at the fourth plenary session, held on June 5, 2007)

THE GENERAL ASSEMBLY,


RECALLING its resolutions AG/RES. 1718 (XXX-O/00), “Reform of the Inter-American Indian Institute”; AG/RES. 1933 (XXXIII-O/03) and AG/RES. 2046 (XXXIV-O/04), “Support for the Restructuring of the Inter-American Indian Institute”; and AG/RES. 2131 (XXXV-O/05), “Situation of the Inter-American Indian Institute”;
TAKING INTO ACCOUNT the observations and recommendations on the annual reports of the organs, agencies, and entities of the Organization of American States (OAS), in particular regarding the annual report of the Inter-American Indian Institute (III) (CP/doc.4175/07);
RECOGNIZING that the Inter-American Indian Institute was established in 1940, with the signing of the Pátzcuaro Convention, for the main purpose of fostering collaboration in the coordination of indigenous policies of the member states; of requesting, compiling, organizing, and distributing scientific research, legislation, historical archives, and other documents related to the indigenous peoples of the Americas; and of carrying out publication and dissemination activities to bring about an increased awareness of indigenous peoples [AG/RES. 2046 (XXXIV-O/04)];
RECOGNIZING ALSO that, in 1953, the Institute became an inter-American specialized organization of the OAS, whose status was the subject of the Agreement between the Organization and the Institute dated October 28, 1985, and that it currently coordinates necessary research to foster a better understanding of the present situation of indigenous peoples of the region and provides technical assistance for the establishment of development programs for said indigenous peoples;
CONCERNED over the difficult financial situation that the III has endured for a considerable period of time, which significantly hampers its capacity to carry out the plans and achieve the objectives that led to its establishment;
TAKING INTO ACCOUNT the decision taken by the Governing Board of the III on October 2, 2001, whereby the commitment was renewed to support the Institute and preserve its historical and documentary heritage;
RECOGNIZING the urgency of examining the future of the Institute; and
BEARING IN MIND the need to continue reaffirming and broadening the commitment of states to promote the integral development of indigenous peoples,
RESOLVES:


  1. To recognize the important historical work of the Inter-American Indian Institute (III) and the value of its historical and documentary heritage.




  1. To request the Permanent Council to call, within the framework of the Committee on Juridical and Political Affairs (CAJP), for the establishment of a working group consisting of the III member countries and of other member states wishing to participate to:




    1. Study the situation of the Inter-American Indian Institute in order to present recommendations on its future, taking into account the proposals of its Director General, as well as inputs transmitted in writing by representatives of the indigenous peoples, experts, other entities interested in the matter, and civil society organizations pursuant to the Guidelines for Participation by Civil Society Organizations in OAS Activities;




    1. Consider the protection and overall development of the important historical and documentary resources of the Institute; and




    1. Report its findings to the CAJP in the second half of 2007, to enable the Permanent Council to adopt the corresponding decisions.




  1. To request the Permanent Council to report to the General Assembly at its thirty-eighth regular session on the results of this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources.

AG/RES. 2285 (XXXVII-O/07)
SEVENTH INTER-AMERICAN SPECIALIZED CONFERENCE
ON PRIVATE INTERNATIONAL LAW
(Adopted at the fourth plenary session, held on June 5, 2007)

THE GENERAL ASSEMBLY,


HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4698/07 corr. 1) as it pertains to the Seventh Inter-American Specialized Conference on Private International Law (CIDIP-VII);


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