AG/RES. 2166 (XXXVI-O/06)
PUBLIC PRESENTATION OF CANDIDATES FOR MEMBERSHIP ON THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS AND THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
(Adopted at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolution AG/RES. 2120 (XXXV-O/05), “Presentation of Candidates for Membership on the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights,” adopted on June 7, 2005, at the thirty-fifth regular session of the General Assembly, held in Fort Lauderdale;
EMPHASIZING that the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are composed of individuals who have distinguished themselves in the human rights field and made vital contributions to developing a rights protection system for the Hemisphere and strengthening the legal mechanisms needed for effective protection;
CONSIDERING that defense of the individual and of his or her fundamental rights is one of the basic principles on which the Organization of American States (OAS) was founded, as indicated in Article 3.l of the Charter of the Organization, which establishes that the American states proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex, as one of the principles on which the Organization is based;
CONSIDERING ALSO that the importance of respect for human rights was reaffirmed by the adoption of the American Declaration on the Rights and Duties of Man, a document that complements the OAS Charter and recognizes that the essential rights of man are not derived from the fact that he is a national of a certain state, but are based upon attributes of his human personality, and that the international protection of the rights of man should be the principal guide of an evolving American law;
RECALLING that this premise has gradually evolved through the American Convention on Human Rights and other instruments, such as the Inter-American Democratic Charter;
CONSIDERING that the inter-American system, conscious of the central role of the individual in society, has facilitated the participation of various organizations whose purpose is to strengthen that role. That important role has been recognized in a series of General Assembly resolutions, such as resolution AG/RES. 1852 (XXXII-O/02), and AG/RES. 1915 (XXXIII-O/03), “Increasing and Strengthening Civil Society Participation in OAS Activities,” and reaffirmed in resolution AG/RES. 2092 (XXXV-O/05), “Increasing and Strengthening Civil Society Participation in OAS Activities and in the Summits of the Americas Process”;
RECALLING that Article 34 of the American Convention on Human Rights establishes that the Inter-American Commission on Human Rights shall be composed of seven members, who shall be persons of high moral character and recognized competence in the field of human rights;
RECALLING ALSO that Article 52.1 of the American Convention on Human Rights establishes that the Inter-American Court of Human Rights shall consist of seven judges, nationals of the member states of the Organization, elected in an individual capacity from among jurists of the highest moral authority and of recognized competence in the field of human rights, who possess the qualifications required for the exercise of the highest judicial functions in conformity with the law of the state of which they are nationals or of the state that proposes them as candidates; and
TAKING INTO ACCOUNT the importance of preserving the autonomy of persons elected to serve as members of the human rights protection organs of the OAS in the exercise of their juridical functions,
RESOLVES:
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To urge member states to continue to present candidates for the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, in accordance with the requirements established in Articles 34 and 52.1 of the American Convention on Human Rights, Article 2 of the Statute of the Inter-American Commission on Human Rights, and Article 4 of the Statute of the Inter-American Court of Human Rights.
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To invite member states to consider the possibility of learning the points of view of civil society organizations in order to help propose the best candidacies for positions with the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.
3. To reiterate its instruction to the General Secretariat to publish the curriculum vitae of each candidate on the OAS Website, upon the announcement of each candidacy, so that member states and civil society in general may be adequately informed as to the background of candidates for the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Also to request the General Secretariat to issue a press release announcing the curricula vitae that have been published.
AG/RES. 2167 (XXXVI-O/06)
ESTABLISHMENT OF THE COMMITTEE PROVIDED FOR IN THE INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS
OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES
(Adopted at the fourth plenary session, held on June 6, 2006)
THE GENERAL ASSEMBLY,
RECALLING its resolution AG/RES. 1608 (XXIX-O/99), in which the General Assembly adopted the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities;
CONSIDERING:
That the Heads of State and Government, gathered at the First Summit of the Americas (Miami, 1994), the Second Summit of the Americas (Santiago, 1998), and the Third Summit of the Americas (Quebec City, 2001) reaffirmed their commitment to protect the human rights and fundamental freedoms of all, including those in situations of vulnerability or marginalization and, among them, persons with disabilities and others needing special protection, and undertook to eradicate all forms of discrimination and to achieve the full participation of all individuals in the political, economic, social, and cultural life of the countries of the region;
That in the Declaration of Florida: Delivering the Benefits of Democracy, adopted by the General Assembly at its thirty-fifth regular session, the governments reaffirmed the commitment to eliminate all forms of discrimination and intolerance, particularly those based on gender, ethnic origin, race, religion, and disability, as a fundamental element in strengthening democracy;
That in the Plan of Action of the Fourth Summit of the Americas, held in Mar del Plata, Argentina, in November 2005, the governments undertook to develop and strengthen policies to increase opportunities for decent, dignified, and productive work for senior citizens and persons with disabilities, and ensure compliance with national labor laws in this area, including eliminating discrimination against them in the workplace, and to consider a declaration on the decade of the Americas for persons with disabilities (2006-2016), together with a program of action;
That the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities entered into force on September 14, 2001;
That Article VI of the aforementioned Convention provides for the establishment of a Committee for the Elimination of All Forms of Discrimination against Persons with Disabilities, composed of one representative appointed by each state party, to follow up on the commitments undertaken in the Convention. It also provided that the Committee would hold its first meeting within the 90 days following the deposit of the 11th instrument of ratification, which occurred when Nicaragua ratified the Convention on November 25, 2002; and
That the aforementioned article also stated that the first meeting of the Committee should be convened by the General Secretariat of the Organization of American States; and
TAKING INTO CONSIDERATION that in order to ensure effective compliance with the obligations taken on by the states parties it is necessary and advisable to activate the Committee provided for in the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities as soon as possible,
RESOLVES:
1. To request the Secretary General to convene, in accordance with Article VI of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities, the first meeting of the Committee during the second half of 2006.
2. To request that the Secretary General, taking into account the contributions of the Inter-American Commission on Human Rights and of the civil society organizations that specialize in disability issues, present to the member states, through the Permanent Council, a proposal on the documents needed in order to activate the mechanism contemplated in Article VI of the aforementioned Convention.
3. To instruct the Permanent Council to follow up on this resolution, which will be implemented within the resources allocated in the program-budget of the Organization and other resources, and to present a report on its implementation to the General Assembly at its thirty-seventh regular session.
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