An Extraordinary General Assembly of the Organisation of American States (OAS) on Saturday approved by acclamation a resolution which “concludes the process of reflection” on the functioning of the Inter-American Commission on Human Rights (IACHR) for the strengthening of the Inter-American System of Human Rights (ISHR).
Some of the proposed changes had been strongly opposed by some hemispheric rights organisations and regional bodies including the Association of Caribbean Media Workers which condemned what they said was an attempt to water down the functions of the IACHR and the Inter-American Court of Human Rights by frequently cited countries.
In a statement on Saturday, the OAS said it concluded the fourth phase of the process that began in the General Assembly of El Salvador, in June 2011, with the creation of the Ad Hoc Working Group of the Permanent Council which presented its report of recommendations in January 2012. Subsequently, in June 2012, the General Assembly held in Cochabamba, Bolivia, instructed the Permanent Council to complete its work in this area before the end of the first trimester of 2013.
When contacted on Guyana’s position, Minister of Foreign Affairs, Carolyn Rodrigues-Birkett who is travelling overseas, said that the resolution was adopted by consensus and there was no vote.
The ACM had written to Caricom Secretary-General, Irwin La Rocque, in an attempt to discourage Caribbean participation in the meetings. “It is our view that this meeting of signatories, which is not based on a conventional legal standard, is inconsistent with the process that has been developing for more than two years within the Organisation of American States,” the Trinidad Guardian had quoted from the letter by the ACM earlier this month.
ACM president Wesley Gibbings had told the Guardian: “I am disappointed that Caribbean governments have not been more involved in this matter as it has progressed. But it’s not too late now and I hope that the Caricom Secretariat plays a leadership role in the way the region engages this issue.”
The OAS had set a March 22 deadline for members to present proposals for reforming the system.
The ACM joined with hemispheric press freedom and human rights organisations in arguing that the meeting would circumvent established OAS procedure on the matter and lead to a lack of transparency.
“We believe that to discuss aspects of this process outside its natural fora—the Permanent Council and the General Assembly of the OAS, is a breach of the agreements already signed between regional states of the organisation,” the letter by the ACM said. “The transparency of the process and adherence to procedural legal standards guaranteeing the discussion, are vital to establish the legitimacy of this and any reform process. It is for these reasons that we respectfully request Your Excellency to encourage Caricom member states to dismiss as inadmissible the proposal made by the Government of Ecuador,” the letter had said.
In December, Gibbings addressed civil society consultations of the Permanent Council of the OAS on the proposed measures. He said recently the Caribbean organisation was “particularly concerned” that some reforms proposed by member states “will have the impact of significantly weakening the Office of the Special Rapporteur for Freedom of Expression by compromising its independence and weakening its resource base.”
The Extraordinary General Assembly on Saturday, which was held at OAS headquarters in Washington, DC, was attended by 11 foreign ministers (Argentina, Costa Rica, Colombia, Chile, Ecuador, El Salvador, Grenada, Guatemala, Honduras, Mexico and Peru), five Deputy Ministers (Brazil, Dominican Republic, United States, Bolivia and Nicaragua) and Heads of Delegation of 18 Member States. The meeting was chaired by the Foreign Minister of Costa Rica, José Enrique Castillo, who was elected unanimously. The General Committee, which negotiated the draft resolution, was led by the Foreign Minister of Honduras, Arturo Corrales.
Among other things, the resolution urges the IACHR, in the framework of its Strategic Plan, to put into practice those recommendations that are pending. It also encourages the IACHR to strengthen its efforts in the area of promotion of human rights, including through its support to national systems as well as reaffirm its commitment to attain full financing of the Inter-American human rights system through the Regular Fund of the OAS without prejudice to the financing of the other mandates of the organisation. While that commitment is gradually fulfilled, it should invite member states, observer states, and other institutions to continue making voluntary contributions, preferably not earmarked, in the framework of the 2010-2015 Guidelines of the Inter-American Court of Human Rights and the 2011-2015 Strategic Plan of the IACHR.
It also resolves to request the Secretary General to submit to the Permanent Council as soon as possible a detailed, up-to-date analysis of the full operating costs of the organs of the Inter-American Human Rights System, based on information provided by the Inter-American Court of Human Rights.
It resolves to propose to the IACHR that, in keeping with the principle of the indivisibility of human rights, it strengthen all its rapporteurships, including by giving consideration to granting special status to all existing rapporteurships, based on adequate financing, without prejudice to its other responsibilities.
Further, it resolves to urge OAS member states to ratify or accede to, as appropriate, all Inter-American human rights instruments, especially the American Convention on Human Rights, and to accept, where appropriate, the contentious jurisdiction of the Inter-American Court of Human Rights without prejudice to their obligations under the Charter of the OAS.
