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 Editorials | Issues | June 2008 
Rights-Americas: Slow Progress Along a Difficult Road
 Constanza Vieira - Inter Press Service
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Medellin, Colombia - Although it is proceeding "at a very slow pace," the current trend in the Americas is towards a "strengthening of human rights," said activist María Victoria Fallon ahead of the 38th general assembly of the Organisation of American States (OAS), taking place in Colombia.
The inter-American human rights system "is being strengthened, as some democracies in the hemisphere have been strengthened," Fallon, spokeswoman for the International Coalition of Human Rights Organisations of the Americas, told IPS.
OAS Secretary General José Miguel Insulza expressed a similar view Sunday evening at the opening session of the general assembly, which runs through Tuesday in the northwestern Colombian city of Medellín.
During OAS meetings, the Coalition advocates respect for human rights and compliance by the 34 member states - all of the hemisphere’s countries with the exception of Cuba, whose membership was suspended in 1962 - with resolutions handed down by the inter-American human rights system and international human rights instruments to which they are party.
But this week’s meeting is special: in 2008 and 2009, the American Declaration of the Rights and Duties of Man turns 60, the Inter-American Commission on Human Rights turns 50 and the Inter-American Court of Human Rights turns 30.
In addition, it will be the 40th anniversary of the adoption of the American Convention on Human Rights, and the 30th anniversary of its entry into force.
The Coalition, a network of non-governmental and community organisations dedicated to the promotion and defence of human rights in the hemisphere, is thus urging the general assembly to adopt seven concrete measures.
The groups want the general assembly to request countries that have not yet ratified the Convention, like the United States, to present national reports on the state of human rights and human rights legislation.
The second measure is for the general assembly to adopt a resolution affirming the autonomy and independence of the Costa Rica-based Court and the Washington-based Commission.
"The members of the Commission and the Court are elected by the general assembly, which is a political body. Although the Commission could be described as a judicial-political organ, and the Court as a judicial body, political influence can in some way be brought to bear on the election of their members," said Fallon.
"What we are asking for is progress towards making the election of the members of the Commission and the Court more transparent, and based fundamentally on individual capacity, experience and commitment," she added.
Currently, each government proposes a shortlist of candidates.
"It is a political function," said the jurist. "We are asking for the creation of internal mechanisms, within each state, to make it possible for civil society to take part in the nomination of candidates."
Two other measures refer to improved financing for the Commission and the Court and the possibility of their functioning year-round.
The Coalition also wants the general assembly to adopt a resolution instructing the members that have not yet fulfilled recommendations by the Commission or rulings handed down by the Court to present, "by May 2009 at the latest, a compliance plan that includes measures to ensure that (the problems addressed by the recommendations or rulings) are not repeated," says a statement read out by Fallon.
The inter-American system is a mechanism for victims of human rights violations to obtain "justice and adequate reparations," which is why it is "absolutely necessary" to eliminate all hurdles standing in the way of that goal, adds the Coalition statement.
"For victims, it is tremendously costly to turn to the system. And it is becoming more and more difficult, because it totally depends on the financing that agencies working to support human rights can provide," said Fallon.
The Coalition’s proposal to create, by means of a general assembly resolution, an inter-American legal assistance fund "has been well-received in executive branch offices in different member countries," she said.
With respect to protection of human rights activists, another of the Coalition’s main concerns, the members of the OAS should adopt, "by January 2009 at the latest," action plans for the promotion of their work and for guaranteeing their safety and respect for their human rights.
In addition, the Coalition asks the general assembly to urge its members to "remember the binding nature of precautionary and provisional measures issued by the inter-American system bodies," because "they are a key tool for protecting and guaranteeing the right to life and personal integrity."
The Coalition statement was presented by Fallon on Sunday morning in a preliminary session of the OAS general assembly titled the "dialogue of heads of delegation with civil society representatives".
Fallon and the others who spoke at the session were given two minutes each to express their concerns and make their recommendations.
"Was there dialogue?" asked IPS.
"No, there is no dialogue. And that is precisely one of the obstacles that we have pointed to in the understanding between civil society and the OAS general assembly," said the activist.
"It is one more sign of the difficulty in getting the states to listen to civil society on what is needed in the Americas," she said. |
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