CHAPTER I INTRODUCTION 1. The 60th anniversary of the American Declaration of the Rights ...

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CHAPTER I

INTRODUCTION

1. The 60th anniversary of the American Declaration of the Rights and Duties of
Man and of the Universal Declaration of Human Rights was commemorated during 2008. These
two instruments, along with the Charter of the Nations and the Charter of the Organization of
American States, marked the beginning of a new era by placing the concept of human dignity
and respect for the most basic rights of every person as the centerpiece of the national and
international agendas.

2. Even though over the course of these six decades, progress has clearly been
made toward strengthening and protecting human rights worldwide, and serious violations of
human rights have been exposed and disavowed by the majority of states through their
ratification of international instruments and their adoption, at the domestic level, of measures
of protection, the ideals of 1948 are far from being fulfilled. Poverty, hunger, the continued
failure to treat easily curable diseases, discrimination, illiteracy, torture, forced disappearance
and injustice are still part of our contemporary reality and plague our region and other parts of
the globe. Accordingly, the 60th anniversary of the American Declaration and Universal
Declaration gives us cause to reflect more than to celebrate. It is an opportunity to renew the
spirit that drove the authors of these important international instruments, to reflect upon the
errors of the past and the progress achieved, and to rededicate to making human dignity,
freedom, equality, justice and solidarity the main objective of States, and to cultivate the
conditions that will enable every individual to realize his or her full potential and achieve
happiness.

3. Such reflection is particularly relevant given the challenges that the member
States of the region are currently confronting. One of the challenges that is increasing in
importance is the citizen’s security, as it directly affects the full enjoyment of the individual’s
basic rights. Insecurity is one of the main threats to the stability of the countries of the region
and influences the member states’ democratic, social and economic development.

4. This hemisphere has some of the highest rates of crime and social violence in
the world. In Latin America and the Caribbean alone, the average murder rate in 2006 was 25.1
[1]
for every 100,000 inhabitants, which was double the average worldwide. There is also a
strong correlation between violence, high poverty rates, and the lack of access to basic
services, health and education, which is still a problem for many people in the countries of the
region. Generalizations that draw a direct relationship between poverty and crime ought not to
be made, since much of the insecurity in the region is the product of phenomena like organized
crime. Still, it has to be recognized that security is not an issue that can be addressed in
isolation and that, when dealing with the problem of insecurity and applying public security-
related policies, a comprehensive approach is required, one that takes into account the various
needs and dimensions of the communities hardest hit by violence.

5. The aforesaid demands effective measures from the Governments to prevent,
to control and to reduce crime. Lack of social cohesion, a failure to satisfy basic needs, and
the citizenry’s mistrust of authorities are all factors that have contributed to the growing
problem of general insecurity in the various countries of the region. Many of the policies that
the states have adopted to take on the challenges of citizen security have not only failed to
accomplish the goal of lowering crime rates, but have also exacerbated social violence, posing a
direct threat to full respect for their citizens’ human rights and at times even generating an
atmosphere of distrust that is inimical to community life.

6. Indeed, the region has a long history of policies intended to combat public
insecurity that are slanted more toward repression than prevention. These policies have
combined harsh rhetoric with measures to toughen prison sentences, broaden the legal
prerogatives of law enforcement, restrict or curtail fundamental rights, and others of the kind.
Such policies have neglected the basic mission of preventing crime, rehabilitating criminals,
redressing victims and, most especially, social intervention through public policies that
guarantee greater access to public services, health and education for the people of the region.
As a result, rather than reduce crime, these policies have unleashed enormous increases in the
incidence of violence and have thereby eroded respect for people’s human rights.

7. Plans to address the problem of citizen security in the region must be premised
–always and without exception- upon the international law of human rights and international
humanitarian law. For example, for concrete measures like modernizing law enforcement
institutions, the emphasis must be on training in human rights, the adoption of international
treaties on the subject, and the compulsory standards that those charged with the vital role of
protecting citizen security must follow. The Commission has consistently recommended to the
member States to take measures to teach human rights. Such measures serve a variety of
purposes, among them, preventing a recurrence of abuses of authority by agents of the State
and instilling a culture of respect for human rights not just in law enforcement institutions but in
the general public as well. The states themselves have recognized the importance of “the
cross-cutting integration of the provisions of international law in the institutional culture,
[2]
doctrine, education, training and actions of the security forces.”

8. In every democratic State, law enforcement plays a critical role in protecting
citizens, their rights and their property. Accordingly, members States must pay particular
attention to the training given to law-enforcement agents so that, educated in the provisions
of the international law of human rights, they are able to perform their functions properly,
reliably and constructively, with a view to restoring order in society. Similarly, enhanced
professionalism and greater respect for human rights by law enforcement officers will help
restore the citizenry’s trust and confidence in its public officials and create an atmosphere
conducive to peaceful coexistence.

9. The concern to address the problems of citizen security better and more
effectively is reflected in various OAS initiatives, among them the First Meeting of Ministers
Responsible for Public Security in the Americas, held in Mexico City, October 7 and 8, 2008,
[3]
where a Commitment to Public Security in the Americas was adopted. In that document,
the ministers recognized that public security is the exclusive duty and obligation of the State,
and highlighted the role that full respect for human rights and, especially, promotion of
education, health and socio-economic development play in improving security conditions. In the
Commitment, the member States also emphasized the need to promote and strengthen citizen
and community involvement in the execution of public security plans and programs.

10. Given the obvious impact that citizen-security problems have on full
observance of human rights, and in order to contribute to the public policy debate in this area,
the Inter-American Commission is currently preparing a report on the interrelationship between
citizen security and human rights. The study’s main objective is to help improve citizen security
in the Americas, and specifically to identify and explain the applicable standards in this area so
as to be able to make recommendations to the OAS member States on the adoption of
effective policies in citizen security that are respectful of human rights.

11. The commitment of the states to creating the security conditions that will
enable all persons to enjoy their rights to the fullest, as part of a comprehensive policy to
afford equal access to education, health, jobs, and the citizens’ active participation in
designing and implementing these policies, should become a priority in the region. The
Commission will continue its work of promotion and protection of human rights and will monitor
these processes so that the ideals proclaimed 60 years ago become a reality in the hemisphere.

12. Likewise, in 2009 we will be celebrating the 50th anniversary of the Inter-
American Commission on Human Rights. The anniversary undoubtedly offers an excellent
opportunity to undertake a in-depth evaluation of the current situation of human rights in the
region and on the specific measures required to strengthen the Inter-American system of
human rights. For that purpose, the Commission makes itself available to the States and civil
society to facilitate a constructive dialogue among the different stakeholders in the system.
The results of this dialogue will be included in the IACHR annual report for 2009.
Table of Contents | Next Chapter

[1]
Bernardo Kliksberg, Mitos y realidades sobre la criminalidad en América Latina: Algunas
anotaciones estratégicas sobre cómo enfrentarla y mejorar la cohesión social, Fundación Internacional y para
Iberoamérica de Administración y Políticas Públicas – FIIAPP- (2007), pp. 5-6.
[2]
“Commitment to Public Security in the Americas”, adopted at the First Meeting of Ministers
Responsible for Public Security in the Americas, OEA/Ser.K/XLIX.1 MISPA/Doc. 7/08 rev.3, October 8, 2008.
[3]
Idem.
CHAPTER I

INTRODUCTION

1. The 60th anniversary of the American Declaration of the Rights and Duties of
Man and of the Universal Declaration of Human Rights was commemorated during 2008. These
two instruments, along with the Charter of the Nations and the Charter of the Organization of
American States, marked the beginning of a new era by placing the concept of human dignity
and respect for the most basic rights of every person as the centerpiece of the national and
international agendas.

2. Even though over the course of these six decades, progress has clearly been
made toward strengthening and protecting human rights worldwide, and serious violations of
human rights have been exposed and disavowed by the majority of states through their
ratification of international instruments and their adoption, at the domestic level, of measures
of protection, the ideals of 1948 are far from being fulfilled. Poverty, hunger, the continued
failure to treat easily curable diseases, discrimination, illiteracy, torture, forced disappearance
and injustice are still part of our contemporary reality and plague our region and other parts of
the globe. Accordingly, the 60th anniversary of the American Declaration and Universal
Declaration gives us cause to reflect more than to celebrate. It is an opportunity to renew the
spirit that drove the authors of these important international instruments, to reflect upon the
errors of the past and the progress achieved, and to rededicate to making human dignity,
freedom, equality, justice and solidarity the main objective of States, and to cultivate the
conditions that will enable every individual to realize his or her full potential and achieve
happiness.

3. Such reflection is particularly relevant given the challenges that the member
States of the region are currently confronting. One of the challenges that is increasing in
importance is the citizen’s security, as it directly affects the full enjoyment of the individual’s
basic rights. Insecurity is one of the main threats to the stability of the countries of the region
and influences the member states’ democratic, social and economic development.

4. This hemisphere has some of the highest rates of crime and social violence in
the world. In Latin America and the Caribbean alone, the average murder rate in 2006 was 25.1
[1]
for every 100,000 inhabitants, which was double the average worldwide. There is also a
strong correlation between violence, high poverty rates, and the lack of access to basic
services, health and education, which is still a problem for many people in the countries of the
region. Generalizations that draw a direct relationship between poverty and crime ought not to
be made, since much of the insecurity in the region is the product of phenomena like organized
crime. Still, it has to be recognized that security is not an issue that can be addressed in
isolation and that, when dealing with the problem of insecurity and applying public security-
related policies, a comprehensive approach is required, one that takes into account the various
needs and dimensions of the communities hardest hit by violence.

5. The aforesaid demands effective measures from the Governments to prevent,
to control and to reduce crime. Lack of social cohesion, a failure to satisfy basic needs, and
the citizenry’s mistrust of authorities are all factors that have contributed to the growing
problem of general insecurity in the various countries of the region. Many of the policies that
the states have adopted to take on the challenges of citizen security have not only failed to
accomplish the goal of lowering crime rates, but have also exacerbated social violence, posing a
direct threat to full respect for their citizens’ human rights and at times even generating an
atmosphere of distrust that is inimical to community life.

6. Indeed, the region has a long history of policies intended to combat public
insecurity that are slanted more toward repression than prevention. These policies have
combined harsh rhetoric with measures to toughen prison sentences, broaden the legal
prerogatives of law enforcement, restrict or curtail fundamental rights, and others of the kind.
Such policies have neglected the basic mission of preventing crime, rehabilitating criminals,
redressing victims and, most especially, social intervention through public policies that
guarantee greater access to public services, health and education for the people of the region.
As a result, rather than reduce crime, these policies have unleashed enormous increases in the
incidence of violence and have thereby eroded respect for people’s human rights.

7. Plans to address the problem of citizen security in the region must be premised
–always and without exception- upon the international law of human rights and international
humanitarian law. For example, for concrete measures like modernizing law enforcement
institutions, the emphasis must be on training in human rights, the adoption of international
treaties on the subject, and the compulsory standards that those charged with the vital role of
protecting citizen security must follow. The Commission has consistently recommended to the
member States to take measures to teach human rights. Such measures serve a variety of
purposes, among them, preventing a recurrence of abuses of authority by agents of the State
and instilling a culture of respect for human rights not just in law enforcement institutions but in
the general public as well. The states themselves have recognized the importance of “the
cross-cutting integration of the provisions of international law in the institutional culture,
[2]
doctrine, education, training and actions of the security forces.”

8. In every democratic State, law enforcement plays a critical role in protecting
citizens, their rights and their property. Accordingly, members States must pay particular
attention to the training given to law-enforcement agents so that, educated in the provisions
of the international law of human rights, they are able to perform their functions properly,
reliably and constructively, with a view to restoring order in society. Similarly, enhanced
professionalism and greater respect for human rights by law enforcement officers will help
restore the citizenry’s trust and confidence in its public officials and create an atmosphere
conducive to peaceful coexistence.

9. The concern to address the problems of citizen security better and more
effectively is reflected in various OAS initiatives, among them the First Meeting of Ministers
Responsible for Public Security in the Americas, held in Mexico City, October 7 and 8, 2008,
[3]
where a Commitment to Public Security in the Americas was adopted. In that document,
the ministers recognized that public security is the exclusive duty and obligation of the State,
and highlighted the role that full respect for human rights and, especially, promotion of
education, health and socio-economic development play in improving security conditions. In the
Commitment, the member States also emphasized the need to promote and strengthen citizen
and community involvement in the execution of public security plans and programs.

10. Given the obvious impact that citizen-security problems have on full
observance of human rights, and in order to contribute to the public policy debate in this area,
the Inter-American Commission is currently preparing a report on the interrelationship between
citizen security and human rights. The study’s main objective is to help improve citizen security
in the Americas, and specifically to identify and explain the applicable standards in this area so
as to be able to make recommendations to the OAS member States on the adoption of
effective policies in citizen security that are respectful of human rights.

11. The commitment of the states to creating the security conditions that will
enable all persons to enjoy their rights to the fullest, as part of a comprehensive policy to
afford equal access to education, health, jobs, and the citizens’ active participation in
designing and implementing these policies, should become a priority in the region. The
Commission will continue its work of promotion and protection of human rights and will monitor
these processes so that the ideals proclaimed 60 years ago become a reality in the hemisphere.

12. Likewise, in 2009 we will be celebrating the 50th anniversary of the Inter-
American Commission on Human Rights. The anniversary undoubtedly offers an excellent
opportunity to undertake a in-depth evaluation of the current situation of human rights in the
region and on the specific measures required to strengthen the Inter-American system of
human rights. For that purpose, the Commission makes itself available to the States and civil
society to facilitate a constructive dialogue among the different stakeholders in the system.
The results of this dialogue will be included in the IACHR annual report for 2009.
Table of Contents | Next Chapter

[1]
Bernardo Kliksberg, Mitos y realidades sobre la criminalidad en América Latina: Algunas
anotaciones estratégicas sobre cómo enfrentarla y mejorar la cohesión social, Fundación Internacional y para
Iberoamérica de Administración y Políticas Públicas – FIIAPP- (2007), pp. 5-6.
[2]
“Commitment to Public Security in the Americas”, adopted at the First Meeting of Ministers
Responsible for Public Security in the Americas, OEA/Ser.K/XLIX.1 MISPA/Doc. 7/08 rev.3, October 8, 2008.
[3]
Idem.
CHAPTER II

LEGAL BASES AND ACTIVITIES OF THE IACHR DURING 2008

A. Legal bases, functions and powers

1. The Inter-American Commission on Human Rights (“IACHR” or “the Commission”)
is an autonomous organ of the Organization of American States (OAS), headquartered in
Washington, D.C. Its mandate is prescribed in the OAS Charter, the American Convention on
Human Rights and the Commission’s Statute. The IACHR is one of the two bodies in the inter-
American system responsible for the promotion and protection of human rights. The other is
the Inter-American Court of Human Rights, whose seat is in San José, Costa Rica.

2. The IACHR consists of seven members who carry out their functions
independently, without representing any particular country. Its members are elected by the
General Assembly of the OAS for a period of four years and may be re-elected only once. The
IACHR meets in regular and special sessions several times a year. The Executive Secretariat
carries out the tasks delegated to it by the IACHR and provides legal and administrative support
to the IACHR in carrying out its functions.

3. In April 1948, the OAS adopted in Bogotá, Colombia, the American Declaration of
the Rights and Duties of Man (“American Declaration”), the first international instrument on
human rights of a general nature. The IACHR was created in 1959 and held its first sessions in
1960.

4. In 1961, the IACHR began a series of visits to several countries to observe on-
site the human rights situation. Since then, the Commission has made more than 105 visits to
member States. Based in part on these on-site investigations, the Commission has, to date,
published 75 country reports and special subject reports.

5. In 1965, the IACHR was expressly authorized to examine complaints or petitions
related to specific cases of human rights violations. By 2008, the Commission has received
thousands of complaints which brought the total number of cases and petitions to over 14,000.
The final reports published by the IACHR on these individual cases can be found in the
Commission’s Annual Reports.

6. The American Convention on Human Rights was adopted in 1969 and it entered
into force in 1978. As of December 2008, 24 member States were parties to the Convention:
Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Dominican Republic,
Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua,
Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela. The Convention defined the
human rights that the ratifying States had agreed to respect and guarantee. The Convention
also created the Inter-American Court of Human Rights and established the functions and
procedures of the Court and of the Commission. In addition to examining complaints of
violations of the American Convention committed by States parties to this instrument, the
IACHR has competence, in accordance with the OAS Charter and with the Commission’s
Statute, to consider alleged violations of the American Declaration by OAS member States that
are not yet parties to the American Convention.

7. The principal responsibility of the IACHR is to promote the observance and
defense of human rights in the Americas. In fulfillment of its mandate, the Commission:

a) Receives, analyzes and investigates individual petitions alleging human
rights violations pursuant to Articles 44 to 51 of the Convention, Articles
19 and 20 of its Statute and Articles 22 to 50 of its Rules of Procedure.

b) Observes the general human rights situation in member States and, when
it deems it appropriate, produces special reports on the existing situation
on any member State.

c) Conducts on-site visits to member States to carry out in-depth analyses
of the general situation and /or to investigate a specific situation. In
general, these visits lead to the preparation of a report on the human
rights situation encountered which is then published and submitted to the
Permanent Council and to the General Assembly of the OAS.

d) Promotes public consciousness with regard to human rights in the
Americas. To that end, the Commission prepares and publishes studies on
specific subjects such as, the measures that must be adopted to
guarantee greater access to justice; the effect of internal armed conflicts
on certain groups of citizens; the human rights situation of children,
women, migrant workers and their families; the human rights situation of
those persons deprived of liberty; the situation of human rights defenders;
freedom of speech and the human rights of indigenous peoples, Afro-
descendants and racial discrimination.

e) Organizes and carries out visits, conferences, seminars and meetings with
representatives from governments, academic institutions, non-
governmental organizations and others, to disseminate information and to
foster broader understanding of the work carried out by the inter-American
system on human rights.

f) Makes recommendations to OAS member States to adopt measures that
contribute to the protection of human rights in the countries of the
Hemisphere.

g) Requests that member States adopt “precautionary measures” in
accordance with the provisions of article 25 of its regulations, to prevent
irreparable harm to human rights in grave and urgent cases. It can also
request that the Inter-American Court order the adoption of “provisional
measures” in cases of extreme gravity and urgency to prevent irreparable
harm to persons, even if the case has not yet been considered by the
Court.

h) Submits cases to the inter-American Court of Human Rights and appears in
court during litigation.

i) Requests advisory opinions of the Inter-American Court in accordance with
the provisions of Article 64 of the American Convention.

8. Any person, group of persons, or non-governmental entities, legally recognized
in one or more of the OAS member States, may petition the Commission with regard to the
violation of any right protected by the American Convention, by the American Declaration or by
any pertinent instrument in accordance with its provisions, its statute and its regulations. Also,
under the provisions of Article 45 of the American Convention, the IACHR may consider
communications from a State alleging rights violations by another State. The petitions may be
filed in any of the four official languages of the OAS (Spanish, French, English or Portuguese),
by the alleged victim of the rights violation or by a third party, and in the case of interstate
petitions, by a government.

B. The Commission’s Sessions in 2008

9. During the period covered by this report, the Commission met on three
occasions: from March 3 to 14, 2008, in its 131st Regular Session; from July 17 to 25, 2008, in
[1]
its 132nd Regular Session, and from October 15 to 31, 2008, in its 133rd Regular Session.
During 2008, the Commission approved a total of 49 admissibility reports, 10 inadmissibility
reports, and 4 friendly settlements. It also published 7 merits reports, as well as held 93
hearings and 70 working meetings.

1. 131st Regular Session

10. The Inter-American Commission on Human Rights (IACHR) held its 131st Regular
Session from March 3 to 14, 2008. During this session, the Commission elected its board of
officers which is composed as follows: Paolo Carozza, Chairman; Luz Patricia Mejía Guerrero,
First Vice Chairwoman; Felipe González, Second Vice Chairman. Commissioners Sir Clare K.
Roberts, Víctor E. Abramovich, Paulo Sérgio Pinheiro, and Florentín Meléndez are also members
of the IACHR. Dr. Santiago A. Canton has been the Executive Secretary of the IACHR since
August 2001.

11. During this regular session, the Commission approved reports on individual
cases and petitions and held 33 working sessions and 36 hearings, some relating to individual
cases, petitions or to precautionary measures, and others relating to general or specific human
rights situations. It also approved the report on its visit to the Republic of Haiti from April 16 to
20, 2007 and the “Guidelines for a Comprehensive Reparations Policy,” a document delivered to
the Republic of Colombia on March 13, 2008. 11. At the request of its Rapporteurship on the
Rights of Persons Deprived of Liberty, the Commission adopted the Buenos Aires “Principles and
Best Practices on the Protection of Persons Deprived of Liberty in the Americas,” through
Resolution 1/08 of March 13, 2008.

12. Also in this session, the Commission approved its 2007 Annual Report. The
report was submitted to the 38th General Assembly of the Organization of American States
(OAS), which was held in Medellín, Colombia from June 1 to 3, 2008.

13. On behalf of the IACHR, the President drew attention to the important role
that the Commission plays as part of the inter-American system for protection of human rights,
which, he noted, represents a vital mechanism to further the establishment of justice and the
rule of law in the countries of this Hemisphere. In that connection he mentioned that more and
more frequently national institutions employ international human rights standards and the
jurisprudence of the regional system in their decision-making, using those norms as a baseline
against which to assess and revise their own practice at the domestic level.

14. He said that the effectiveness of the IACHR reflects the high credibility of
the system’s organs. He added that as the legitimacy of the system continues to rise,
individuals present an ever-increasing number of petitions before the Commission; civil society
and States request more hearings covering more diverse issues; the Commission carries out
expanded thematic initiatives; and it receives additional mandates from the General Assembly.

15. The President drew attention to the fact that the activities and mandates of
the Commission cannot be carried out without adequate financial and human resources. Those
resources have not increased in proportion to the Commission’s growing importance and role in
the region; indeed, the regular budget allocated to the Commission by the member States has
remained constant or even decreased in real terms since at least 1999. Accordingly, the
President of the IACHR urged the member States gathered at the OAS General Assembly to
adopt urgent measures to resolve the dire financial situation that the IACHR faces.

16. The Commission expressed its appreciation to all the member States that
invited the Commission to visit, since such visits play an important role in enabling the
Commission to monitor human rights in the Hemisphere. Such freedom of the Commission to
visit and observe human rights conditions has historically been one of the most critical tools for
ensuring the effectiveness of the inter-American human rights norms, even in the Hemisphere’s
darkest periods of repression.

17. In the course of its 131st regular session, the Commission expressed its
concern, in view of information received during the hearings held during these sessions, about
grave situations involving human rights violations in the region. The continued worsening of
citizen insecurity; the discrimination suffered by Afro-descendants and indigenous peoples, as
well as by poor people and women; the deterioration of economic, social, and cultural rights;
grave obstacles to access to justice; difficulties in exercising freedom of expression; the
persistent use of military justice for crimes that should be handled by civilian courts; and the
impact the region’s growing environmental deterioration has on human rights are just a few of
the many problems on which the Commission received troubling information.

18. The working meetings produced significant advances, such as, for example,
the signing of a memorandum of commitment concerning the situation of captive communities in
Bolivia and progress toward reaching a friendly settlement in cases in Bolivia, Chile, and Mexico.

2. 132nd Regular Session

19. The Inter-American Commission on Human Rights (IACHR) held its 132nd Regular
Session from July 17 to 25, 2008. The IACHR held no public hearings or working meetings during
the session because it was of an internal nature. The Commission approved a total of 39
reports on cases and petitions.

20. At its 132nd session the Commission also approved the document entitled
“Guidelines for Preparation of Progress Indicators in the Area of Economic, Social, and Cultural
Rights.” The IACHR also approved a reform of Articles 15 and 12(1)(a) of its Rules of Procedure
concerning rapporteurships and working groups and the powers of the Executive Secretary of
the Commission, respectively.

21. Further to the foregoing, during the aforesaid session the Commission adopted
resolutions 2/08 (concerning Article 17 of the Rules of Procedure); 3/08 (on Human Rights of
Migrants, International Standards and the Return Directive of the EU); and 4/08 (in connection
with Case 10.855, Pedro García).

22. In the framework of its 132nd session, the Commission also interviewed the
finalists in the selection process for the new Special Rapporteur for Freedom of Expression,
electing Colombian attorney Catalina Botero Marino, who took up her duties at the beginning of
October 2008.

3. 133rd Regular Session