THIRTY-FOURTH REGULAR SESSION OEA/Ser.PJune 6-8, 2004 AG/doc.4265/04 add. 3 corr. 1Quito, Ecuador 3 June 2004

Original: Spanish

Item 6 on the agenda

REPORT OF THE PERMANENT COUNCIL ON THE ACTIVITIES OF THECOMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS (2003-2004)

This document will be presented to the General Assembly

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at its thirty-fourth regular session.

REPORT OF THE PERMANENT COUNCIL ON THE ACTIVITIES OF THECOMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS (2003-2004)

At its meetings of May 12, 18, 20, and 26, 2003, the Permanent Council considered the topics forwarded by the Committee on Juridical and Political Affairs (CAJP).

I. Permanent Council meeting of May 12, 2004

The Council received and took note of the reports presented by Ambassador Juan Manuel Castulovich, Permanent Representative of Panama and Chair of the Committee, on the following topics:

Inter-American Program of Cooperation to Prevent and Remedy Cases of International Abduction of Children by One of Their Parents (CP/CAJP-2132/04 rev. 1)

Inter-American Specialized Conferences on Private International Law (CP/CAJP-2176/04)

Inter-American Program for the Development of International Law (CP/CAJP-2177/04)

Observations and recommendations on the annual report of the Inter-American Juridical Committee (CP/CAJP-2155/04 rev. 1)

Follow-up on the Inter-American Convention against Corruption and Its Program for Cooperation (CP/CAJP-2178/04)

Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (CP/CAJP-2179/04)

The meeting decided to postpone its consideration of the draft resolutions on those topics until the Committee had concluded its work. Consideration of those six topics was placed on the order of business for the meeting of May 18.

II. Permanent Council meeting of May 18, 2004

On that date the Permanent Council considered and decided to submit the Report on the Activities of the Committee on Juridical and Political Affairs (2003-2004) (CP/CAJP-2185/04), presented by Ambassador Juan Manuel Castulovich, Permanent Representative of Panama and Chair of the Committee, to the General Assembly at its thirty-fourth regular session, as addendum 3 to its Annual Report.

The Council considered and approved the following draft resolutions, some of which had been amended as suggested:

Observations and Recommendations on the Annual Report of the Inter-American Juridical Committee

Observations and Recommendations on the Annual Report of the Inter-American Commission on Human Rights

Observations and Recommendations on the Annual Report of the Inter-American Court of Human Rights

Inter-American Program of Cooperation to Prevent and Remedy Cases of International Abduction of Children by One of Their Parents

Inter-American Specialized Conferences on Private International Law Inter-American Program for the Development of International Law American Declaration on the Rights of Indigenous Peoples American Declaration on the Rights of Indigenous Peoples1

Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas

The Human Rights of All Migrant Workers and Their Families Nineteenth Pan American Child Congress Strengthening of Human Rights Systems pursuant to the Plan of Action of the Third

Summit of the Americas Study of the Rights and the Care of Persons under Any Form of Detention or

Imprisonment Prevention of Racism and All Forms of Discrimination and Intolerance and

Consideration of the Preparation of a Draft Inter-American Convention Human Rights Defenders: Support for the Individuals, Groups, and Organizations of

Civil Society Working to Promote and Protect Human Rights in the Americas

III. Permanent Council meeting of May 20, 2004

The Council continued its consideration of pending draft resolutions and approved the following:

Promotion of the International Criminal Court2/

Internally Displaced Persons Protecting Human Rights and Fundamental Freedoms While Countering Terrorism

The Council decided to postpone its approval of the draft resolution “Protection of Asylum Seekers, Refugees, Returnees, and Stateless Persons in the Americas” until a future session to allow for additional consultations.

At the request of the delegation of Brazil, the Permanent Council reconsidered and approved the draft resolution “The Human Rights of All Migrant Workers and Their Families,” with amendments proposed by the delegations.

The Permanent Council decided to refer the draft resolution “Promotion of and Respect for International Humanitarian Law”3/(CP/CAJP-2165/04 rev. 2), for consideration by the General Committee of the General Assembly at its thirty-fourth regular session. IV. Permanent Council meeting of May 26, 2004

1 1. The delegation of Canada requested that its statement concerning operative paragraphs 4.a and 4.b of this resolution be included in a footnote thereto.

2 2. The delegation of the United States requested that its reservation to this resolution in its entirety be recorded in a footnote and that the explanation of its reservation be appended to the draft resolution.

3 3. The delegation of the United States entered a reservation, as noted in this footnote, and requested that its statement be appended to this resolution.

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At that meeting, the Council considered the draft resolution “Protection of Asylum Seekers, Refugees, Returnees, and Stateless Persons in the Americas” and decided to continue its consultations thereon.

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APPENDIX I

REPORT OF THE CHAIR ON THE ACTIVITIES OF THECOMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS (2002-2003)4/

OFFICERS

The Permanent Representative of Panama to the OAS, Ambassador Juan Manuel Castulovich, was elected to the Chair of the Committee on Juridical and Political Affairs (CAJP) on July 16, 2003.

On August 21, 2003, the Committee elected Ambassador Marcelo Hervas, Permanent Representative of Ecuador to the OAS, to serve as its Vice Chair.

ALLOCATION OF TOPICS FOR STUDY BY THE COMMITTEE –WORK PROGRAM

On July 16, 2003, the Permanent Council assigned 22 topics for study by the Committee, set forth in document CP/doc.3763 rev. 1.

The “Work Plan of the Committee” (CP/CAJP-2084/03 rev. 1) was adopted by the Committee on September 25, 2003.5/

The CAJP held 41 formal meetings and five informal ones between August 21, 2003, and May 25, 2004. It also held a special meeting (which lasted an entire day) and a meeting of government experts (which lasted two days).

The Working Group to Prepare the Proposed American Declaration on the Rights of Indigenous Peoples held ten regular meetings and three “meetings of negotiations in the quest for points of consensus” (each lasting three days).

The Group charged with drawing up an inter-American program for the promotion and protection of the human rights of migrants held four regular meetings and one “preparatory meeting” (which lasted an entire day).

4 4. Presented by the Chair of the Committee, Ambassador Juan Manuel Castulovich, Permanent Representative of Panama to the OAS.

5 5. References are to the revised version.

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STUDY OF THE TOPICS ASSIGNEDFOR CONSIDERATION BY THE COMMITTEE

I. GRANTING OF OAS PERMANENT OBSERVER STATUS

a. On November 15, 2002, the government of the Federal Republic of Nigeria requested that it be granted the status of Permanent Observer to the Organization (document CP/doc.3672/02).

On September 25, 2003, the Committee approved the draft resolution, which was then referred to the Permanent Council with the corresponding report (CP/CAJP-2091/03).

b. On July 3, 2003, the government of the Republic of Slovenia requested that it be granted the status of Permanent Observer to the Organization (document CP/doc.3766/03).

On September 25, 2003, the Committee approved the draft resolution, which was then referred to the Permanent Council with the corresponding report (CP/CAJP-2090/03).

c. On October 23, 2003, the government of the Grand Duchy of Luxembourg requested that it be granted the status of Permanent Observer to the Organization (document CP/doc.3805/03).

On January 29, 2004, the Committee approved the draft resolution, which was then referred to the Permanent Council with the corresponding report (CP/CAJP-2123/04 corr.2).

II. TOPICS STUDIED BY THE COMMITTEE

1. Comments and Recommendations on the Annual Report of the Inter-American Juridical Committee

The Annual Report of the aforesaid body (CP/doc.3826/04) was placed before the Committee on March 23, 2004. The Committee’s report and the corresponding draft resolution were approved by the Committee on May 10 (CP/CAJP-2155/04 rev. 1).

2. Comments and Recommendations on the Annual Report of the Inter-American Commission on Human Rights

In compliance with the mandate set forth in operative paragraph 7.c of resolution AG/RES. 1917 (XXXIII-O/03), “Observations and recommendations on the Annual Report

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of the Inter-American Commission on Human Rights,” the CAJP, at its meeting on November 20, 2003, invited Commissioner Robert Goldman to speak with the member states about the guidelines followed by its main human rights protection mechanisms. The text of Commissioner Goldman’s speech can be found in document (CP/CAJP-2095/03).

The CAJP decided to keep this matter on its agenda and asked the IACHR to prepare a revised version of Dr. Goldman’s report, dealing in greater depth with the guidelines regarding which the member states had expressed the most concern.

The Chair of the CAJP prepared a report compiling the contributions made regarding this matter by several delegations; this has since been distributed as document (CP/CAJP-2111/03 corr. 1).

The Annual Report of the Inter-American Commission on Human Rights (CP/doc.3709/03) was presented by Dr. Susana Villarán, Second Vice-President of the IACHR, at the meeting of the Committee on Juridical and Political Affairs held on March 29, 2004. In her presentation, the President of the IACHR summarized the Commission’s activities over the previous year and gave a detailed description of how that body took into account the comments and recommendations given by the member states during the presentation of the previous year’s Annual Report. The report of the CAJP’s Chair, with the Committee’s comments and recommendations on the Annual Report of the IACHR and Commissioner Villarán’s presentation, can be found in document (CP/CAJP-2166/04 rev. 1).

The draft resolution on this matter was adopted by the CAJP on May 14, 2004.

3. Comments and Recommendations on the Annual Report of the Inter-American Court of Human Rights

In compliance with the mandate set out in resolution AG/RES. 1918 (XXXIII-O/03), the President-Elect of the Inter-American Court of Human Rights, Dr. Sergio García Ramírez, presented the Court’s Annual Report to the Committee on Juridical and Political Affairs on March 11, 2004 (CP/doc.3836/04).

Dr. García Ramírez first gave a “summary covering the year 2003” and concluded by sharing his “reflections on the Inter-American Court of Human Rights.” The texts of both documents are included in this report.

At the end of the two presentations, the member states acknowledged the Court’s work and reiterated their support for the activities of the Inter-American Court of Human Rights over the past 25 years. They also thanked the President-elect for presenting the Annual Report, including the preparation and presentation of the documents summarizing the content of the Annual Report and setting out the Court’s current situation, the Court’s current human rights concerns, and its suggestions for the member states.

The Committee on Juridical and Political Affairs decided to place before the Permanent Council its report containing the member states’ comments and recommendations on the Court’s Annual Report, including Dr. García Ramírez’s presentations and the

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contributions from permanent missions that were submitted in writing to the Secretariat of the Permanent Council (CP/CAJP-2142/04).

The corresponding draft resolution was adopted by the Committee on May 14, 2004.6/

4. Proposed American Declaration on the Rights of Indigenous Peoples

In addition to its regular meetings, the Working Group held three “Meetings of Negotiations in the Quest for Points of Consensus” in compliance with the mandate set out in operative paragraph 4.a of resolution AG/RES. 1919 (XXXIII-O/03). The meetings took place as indicated below:

The first was held on November 10 to 12, 2003, and dealt with the first and second sections of the Draft Declaration. The second meeting of negotiations was held on January 26 to 28, 2004, and focused on the third and fourth sections of the Draft Declaration. The third meeting took place on April 28 to 30, 2004, and it continued with the study of articles in the third section of the Draft Declaration.

The results of this Working Group’s efforts under the chairmanship of Ambassador Juan León Alvarado, Alternate Representative of Guatemala to the OAS, are covered by the report contained in document (GT/DADIN/doc.180/04).

The draft resolution on this matter was adopted by the Committee on May 15, 2004.

5. The human rights of all migrant workers and their families

A Working Group was established under the aegis of the Committee on Juridical and Political Affairs of the Permanent Council on January 15, 2004, with the mandate of drawing up a proposal for an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, to be based on the draft submitted by the Inter-American Commission on Human Rights (CP/CAJP-2038/03).

In compliance with the mandate in operative paragraph 5.a of resolution AG/RES. 1928 (XXXIII-O/03), “The human rights of all migrant workers and their families,” the Group concentrated its efforts on organizing an extraordinary meeting for beginning drafting work on the inter-American program.

In addition to its regular meetings, the Group held a preparatory session on April 16, which was attended by the Special Rapporteur for migrant workers and their families of the Inter-American Commission on Human Rights (IACHR), the Executive Secretariat of the CIM, the Unit for Democracy, and the Department of Development Programs of the Executive Secretariat of the Inter-American Agency for Cooperation and Development. The event had special characteristics and goals, in that it sought to obtain additional information on the work carried out by different OAS organs, agencies, and entities with either direct or

6 6. The Delegation of Trinidad and Tobago requested that its reservation regarding operative paragraph 9 of this resolution be recorded.

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indirect ties to the human rights of migrants, with a view to identifying proposals that could serve as contributions for the program.

The draft resolution7/ on this matter was adopted by the CAJP on May 15, 2004.

6. Strengthening of human rights systems pursuant to the Plan of Action of the Third Summit of the Americas

On October 17, 2003, the Committee on Juridical and Political Affairs began its examination of the topics addressed in this resolution by considering the mandate contained in its operative paragraph 4.c, that is, analysis of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights might operate on a permanent basis.

On March 11, 2004, when the President of the Court and the President of the IACHR met in the framework of the CAJP, the Committee examined the topics: consideration of the means to promote compliance by members states with the judgments of the Court and follow-up of the recommendations of the Inter-American Commission on Human Rights (operative paragraph 4.d); and the study of the relationship between the rules of procedure of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights and the provisions of their Statutes and of the American Convention on Human Rights (operative paragraph 4.e).

The considerations formulated on the two topics are contained in document CP/CAJP/SA.403/04.

On May 14, 2004, CAJP approved the draft resolution on this topic.

7. Inter-American Program of Cooperation to Prevent and Remedy Cases of International Abduction of Children by One of Their Parents

On February 18, 2004, the document containing the Inter-American Program of Cooperation to Prevent and Remedy Cases of International Abduction of Children by One of Their Parents, presented by the Inter-American Children’s Institute (CP/doc. 3823/04), was forwarded to the Committee.

At the February 27, 2004 meeting of the Committee on Juridical and Political Affairs, the delegations approved the above-mentioned document with an amendment of form, to which the Inter-American Children’s Institute has agreed.

The document as amended is presented to the Permanent Council for its consideration, with the recommendation that it take note of its contents and present it to the General Assembly at its thirty-fourth regular session (Appendix II).

7 . Presented by the Permanent Mission of Mexico.

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On May 5, 2004, the Committee approved the text of the corresponding draft General Assembly resolution.8

8. Promotion and protection of the human rights of children in the Americas

In resolution AG/RES. 1951 (XXXIII-O/03), “Promotion and Protection of the Human Rights of Children in the Americas,” the General Assembly requested the Secretary General to present a report to the Permanent Council on the implementation of this resolution, including an evaluation of the implementation of the 2000-2004 Strategic Plan of the Inter-American Children’s Institute.

On March 10, 2004, the Permanent Council forwarded to the Committee document CP/doc.3848/04, containing the Report of the Inter-American Children’s Institute on the Implementation of resolution AG/RES. 1951 (XXXIII-O/03).

At the meeting of the Committee of April 1, 2004, the delegations considered the aforementioned document and, while expressing their appreciation to the IIN for its presentation, stated for the record that they would have hoped to receive a comprehensive report describing all activities on the topic “promotion and protection of the human rights of children in the Americas” being carried out by the corresponding areas, organs, and entities of the Organization, as the document forwarded described only the work of the Inter-American Children’s Institute in connection with this topic.

The delegations added that it would be particularly important to receive additional information from Special Rapporteur on Children of the Inter-American Commission on Human Rights and from the Inter-American Agency for Cooperation and Development, if possible, prior to the Nineteenth Pan American Child Congress, to be held in Mexico, October 27-29, 2004.

9. Nineteenth Pan American Child Congress

On May 15, 2004, the Committee approved the text of the corresponding draft General Assembly resolution.9/

10. Inter-American Program for the Development of International Law

On January 15, 2004, the Committee on Juridical and Political Affairs had occasion to consider the report of the Secretariat for Legal Affairs in fulfillment of resolution AG/RES. 1921 (XXXIII-O/03), “Inter-American Program for the Development of International Law” (CP/CAJP-2110/03). The delegations expressed their appreciation for the preparation of the report presented to them for their consideration and underscored the professionalism and dedication of the General Secretariat areas with responsibility for implementing the Inter-American Program for the Development of International Law. They also requested the Chair to note in the report that is presented to the Permanent Council the importance to the member states and for the image of the Organization of, inter alia, the publications prepared on this

8 . Presented by the Permanent Mission of Argentina.9 . Presented by the Permanent Missions of Argentina, Peru, and Uruguay.

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topic, the updating of the legal information posted on the Web page, the Workshops on International Law and, in particular, the Course on International Law of the Inter-American Judicial Committee.

On May 6, 2004, the Committee approved the text of the corresponding draft General Assembly resolution.

11. Inter-American Specialized Conferences on Private International Law (CIDIP)

At the meeting of the Committee of December 4, 2003, Dr. Jean Michel Arrighi, Director of the Department of International Law, gave a presentation on the background to the CIDIPs, and underscored in particular the outcome of CIDIP-VI and the preparatory work being done for CIDIP-VII. In connection with the latter aspect, he pointed to the document “Selection of Agenda Topics for the Seventh Inter-American Specialized Conference on Private International Law (CIDIP-VII)” (CP/CAJP-2094/03) and the note of October 22, 2003, sent by the Chair of the CAJP to the permanent missions, requesting the presentation of proposed topics for the inclusion on the agenda for the said Conference.

As a supplement to and in follow-up to the foregoing, on April 19, 2004, the Department of International Law of the Secretariat for Legal Affairs presented to the Committee on Juridical and Political Affairs the report prepared pursuant to resolution AG/RES. 1923 (XXXIII-O/03): “Report on the Inter-American Program on International Law (Activities conducted by the Secretariat for Legal Affairs - June 2003-February 2004”) (CP/CAJP-2110/03).

On May 6, 2004, the Committee approved the text of the corresponding draft General Assembly resolution.

12. Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas

On November 20, 2003, the Committee on Juridical and Political Affairs had occasion to consider the report of the technical secretariat on legal cooperation mechanisms of the Secretariat for Legal Affairs on the meetings held within the REMJA framework pursuant to the aforementioned General Assembly resolution. These are described below:

Meeting of Central Authorities and Other Experts on Mutual Legal Assistance in Criminal Matters. The recommendations of this meeting, held in Ottawa, Canada, April 30-May 2, 2003, are contained in document PENAL/doc.1/03;

Initial Meeting of the Group of Governmental Experts on Cybercrime. The recommendations of this meeting, held at the headquarters of the Organization on June 23 and 24, 2003, are contained in document CIBER-III/doc.4/03;

First Meeting of Authorities Responsible for Penitentiary and Prison Policies in the OAS Member States. The recommendations of this meeting, held at the headquarters of the Organization on October 16 and 17, 2003, are contained in document GAPECA/doc.4/03.

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On the same date, the Committee approved ad referendum the draft resolution that was subsequently approved by the Permanent Council in resolution CP/RES. 856 (1395/04) of January 27, 2004, in which the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General (REMJA-V) was convened for April 28-30, 2004.

At its meeting of March 29, 2004, the Committee received the report of Minister María Clara Isaza, Alternate Representative of Colombia, with regard to the informal consultations she had coordinated pursuant to the mandate of the Committee on Juridical and Political Affairs, which culminated in the preparation of the draft agenda and draft schedule for the Fifth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas (CP/CAJP-2136/04).

REMJA-V was held on April 28-30, 2004, and the final report of that meeting is contained in document REMJA-V/doc.9/04.

On May 10, 2004, the Committee approved the text of the corresponding draft General Assembly resolution.

13. Follow-up of the Inter-American Convention against Corruption and its Program for Cooperation

The Committee considered the implementation of the mandates contained therein. Among them, mention should be made of the progress made in the framework of the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) and on its strengthening, set out in the report of the Committee of Experts of MESICIC to the Conference of States Parties (SG/MESICIC/doc.95/04 rev.4), in the Conclusions and Recommendations on Concrete Measures to Strengthen MESICIC (SG/MESICIC/doc.103/04 rev. 6), and in the Minutes of the First Meeting of the Conference of States Parties within the MESICIC Framework (SG/MESICIC/doc.116/04), held on April 1 and 2, 2004, in Washington, D.C.

On May 7, 2004, the Committee approved the text of the draft resolution.10/

14. Protecting human rights and fundamental freedoms while countering terrorism

Pursuant to the mandate contained in operative paragraph 5 of resolution AG/RES. 1931 (XXXIII-O/03), at its meeting of October 23, 2003, the Committee on Juridical and Political Affairs continued its study of the Report of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.116 – doc.5 rev.1), as is evident from the contents of document CP/CAJP/SA.395/03. This meeting was attended by the IACHR Commissioners Dr. Susana Villarán and Dr. Robert Goldman, together with Mr. Steven Monblatt, Executive Secretary of CICTE. The texts of the comments of the member states and of the Executive Secretariat of CICTE on the report of the IACHR on “Terrorism and Human Rights” were compiled in document CP/CAJP-2097/03.

10 . Co-sponsored by the Permanent Missions of Argentina, Colombia, Ecuador, Honduras, Mexico, Nicaragua, and Peru.

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On February 12, and 13, 2004, the Meeting of Governmental Experts to Exchange, from a Human Rights Perspective, Best Practices and National Experiences in Adopting Antiterrorism measures, was held in the CAJP framework. It had been convened in Permanent Council resolution CP/RES. 857 (1395/04), based on the outcome of the preparatory work promoted by the CAJP.

The Permanent Mission of Canada covered the travel costs for governmental experts from different member states. The report of this meeting is contained in document CP/CAJP-2140/04.

The corresponding draft resolution11/ was approved by the Committee on May 18, 2004.

15. Human rights defenders in the Americas : Support for the work of the individuals, groups, and civil society organizations working to promote human rights in the Americas

On December 4, 2003, the Committee considered the topic and, on that occasion, the delegations expressed their support for the preparation of the comprehensive IACHR report on the situation of human rights defenders in the Hemisphere. Several delegations requested that, as part of the study, a complete study be made of the function of civil society organizations working in this area and of phenomenon of the transition of some individuals from their capacity as human rights defenders to positions within their countries’ civil service.

Furthermore, in connection with the topic of civil society organizations working on the topic of the protection of human rights, other delegations indicated that clear parameters should be established that would apply not only to member state governments and to the organs of the inter-American system, but also to the said civil society organizations (to ensure public trust in their work).

Also to be noted was the presentation given by the Executive Secretary of the Inter-American Commission on Human Rights, Dr. Santiago Cantón (CP/CAJP-2105/03).

The corresponding draft resolution12/ was approved by the Committee on May 15, 2004.

16. Human Rights and the Environment in the Americas

On November 20, 2003, the Committee on Juridical and Political Affairs devoted a meeting to consideration of the reports of the Inter-American Committee on Human Rights and the Unit for Sustainable Development and Environment regarding their work in the field of human rights and the environment. At that meeting there were presentations by Dr. Santiago Cantón, Executive Secretary of the IACHR (CP/CAJP-2102/03), and Mr. Scott Vaughan, Director of the Unit for Sustainable Development and Environment (CP/CAJP-

11 . Presented by the Permanent Mission of Mexico.12 . Presented by the Permanent Missions of Colombia, Mexico, and Peru.

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2100/03). Also attending, as the representative of the civil society organizations registered with the OAS, was Mr. Víctor Ricco, Legal Adviser to Centro de Derechos Humanos y Ambiente [Human Rights and Environment Center] (CEDHA) (CP/CAJP/INF.1/03).

The report of the Secretary General on this topic was considered by the Committee on April 1, 2004 (CP/doc. 3842/04).

17. Study of the Rights and the Care of Persons Under Any Form of Detention or Imprisonment

The Committee on Juridical and Political Affairs had an opportunity to consider this topic on December 4, 2003. It received a presentation on the subject by Dr. Santiago Cantón, Executive Secretary of the Inter-American Commission on Human Rights (IACHR) (Document CP/CAJP-2096/03). The Committee also decided to take note of the recommendations made at the First Meeting of Authorities Responsible for Penitentiary and Prison Policies of the Member States of the OAS, held at OAS Headquarters on October 16 and 17, 2003 (document GAPECA/doc.4/03).

The corresponding draft was approved by the Committee on May 14, 2004.13/

18. Promotion of the International Criminal Court

This item appeared on the agenda for the special meeting of the Committee on Juridical and Political Affairs of March 25, 2004. The report of the Chair on the subject can be found in document DIH/doc.24/04.

The corresponding draft resolution14/ (together with a statement by the delegation of the United States regarding its position on this matter) was approved by the Committee on May 19, 2004.

19. Promotion of and Respect for International Humanitarian Law

On February 27, the Technical Secretariat for Legal Cooperation Mechanisms presented a draft annotated agenda for the special meeting, which it prepared in coordination with the International Committee of the Red Cross, which helped organize that meeting.

The agenda and schedule for the special meeting were included in document (CP/CAJP-2115/04 add. 1).

The subjects addressed in resolutions AG/RES. 1944 (XXXIII-O/03) and AG/RES. 1929 (XXXIII-O/03) were considered at the special meeting of the Committee held on March 25, 2004. The report of the Chair on that meeting is contained in document DIH/doc.24/04.

13 . Proposal submitted by the permanent missions of Costa Rica and Mexico.14 . Presented by the Permanent Mission of Mexico.

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The corresponding draft resolution15/ (together with a statement by the delegation of

the United States regarding its position on this matter) was approved by the Committee on May 19, 2004.

20. Prevention of Racism and All Forms of Discrimination and Intolerance and Consideration of the Preparation of a Draft Inter-American Convention

The Chair of the Committee on Juridical and Political Affairs distributed for consideration by the delegations document CP/CAJP-2116/04 corr.1, presented by the Inter-American Commission on Human Rights and the document prepared by the Justice Studies Center of the Americas (JSCA) on the basis of the mandate contained in resolution AG/RES. 1930 (XXXIII-O/03) “Judicial System and Racism against Persons of African Descent” CP/doc.3845/04 corr. 1.

15 . Presented by the Permanent Mission of Mexico.

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The corresponding draft resolution16/ (which includes statements by the Delegations of Bolivia and Guatemala,17/ and Canada18/ regarding their position on this matter) was approved by the Committee on May 14, 2004.21. International solidarity and shared responsibility for the protection of asylum-seekers

and refugees in the Americas

On May 14, 2004, Dr. Juan Carlos Murillo of the UNHCR presented a report to the Permanent Council entitled “The protection of asylum-seekers, refugees, internally displaced persons, stateless persons and other persons of concern to the UNHCR in the Americas: the importance of international solidarity and shared responsibility.”

16 . Presented by the Permanent Missions of Brazil, Uruguay, and Venezuela17 . The Delegation of Guatemala expresses its support for this resolution and points out that the

JSCA study failed to consider the racism and discrimination suffered by other major segments of the population in the Hemisphere, including the indigenous peoples. For that reason, it said that it would be best if, in the immediate future, when other studies, analyses, and research are carried out, indigenous peoples and other groups are included. Guatemala requests that when the special meeting called for in operative paragraph 6.b of this resolution is held a wide range of groups and segments of the population be convened, including indigenous groups, in order to ensure that the debate on racism and discrimination is profound and plural. The delegation of Bolivia shares the concern of the delegation of Guatemala and endorses its position on this matter.

18 . Note by the Permanent Mission of Canada: Canada’s population is diverse and complex. It brings together indigenous peoples, people of British and French ancestry and people who find their origins in all corners of the world and unites them in common citizenship and values. These values of respect, mutual accommodation and value of difference, are essential in maintaining peace and prosperity in a society such as Canada. Canada therefore views the elimination of racial discrimination and related intolerance as a national priority. We are ever vigilant in our national efforts to eradicate racism and discrimination in all its forms.We are also committed to working with partners in the international community to share best practices and assist in achieving the elimination of racism, racial discrimination, xenophobia, and related intolerance. Canada views the elimination of racism and discrimination in all its forms as a central objective in the international human rights agenda, but also one where national, and even local and municipal, strategies to achieve it are often the most effective. A strong and broad international framework and commitment is undoubtedly important, but real advances are fostered by policies, programmes, and activities implemented at the national and local level.The draft resolution on the Prevention of Racism and All Forms of Discrimination and Intolerance and Consideration of the Preparation of a Draft Inter-American Convention addresses an issue of great importance for the region, as, despite all our efforts, racism and discrimination are still a cause of suffering in our hemisphere. We however have reservations on the way it proposes that the Organization of American States should approach the issue.The World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance that took place in Durban in 2002 demonstrated the complexity, pervasiveness and seriousness of the problems of discrimination and intolerance. It also taught us that multilateral discussions relative to these issues can be distressful, taxing and divisive. In an endeavour as serious as the fight against racism, racial intolerance, xenophobia and related intolerance, our limited resources should not be scattered on a multiplication of mechanisms and time-consuming negotiations. We also share the opinion of the Inter-American Juridical Committee that a general convention on racism, discrimination, and intolerance would be repetitive, produce overlapping that could lead to serious and inevitable problems of interpretation and generate doubts and confusion as to which are the rights and obligations and member states. Canada is wary of an initiative that could weaken the international standards in matters of racism and intolerance.

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The draft resolution on this topic was considered by the Committee between May 14 and 25, 2004.19/

22. Internally displaced persons

The draft resolution on this topic was approved by the Committee on May 19, 2004.20/

For these reasons, we want to put formally on record today that we are not convinced that negotiation of a new multilateral instrument on racism and all forms of related intolerance is necessarily the best way to achieve our goals. Other mechanisms, strategies and initiatives of promotion, education and justice reform have to be seriously considered, as they could be more efficient tools to bring real advances in the fight against racism and intolerance in the Hemisphere. Discussions on how best to fight racism in the Hemisphere and how the OAS can usefully support this fight should therefore not be undertaken with the presumption that they will lead to the creation of a new multilateral instrument as the title and operative paragraph 6 of the draft resolution before us might be interpreted to say.This said, because my delegation shares the view of the Committee that it is important to address the issue of racism, we join the consensus on the draft resolution before us and will work constructively with all delegations to ensure the best outcome.

19 . Presented by the Permanent Missions of Ecuador and Uruguay.20 . Presented by the Permanent Mission of Mexico.

document.doc

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III. REPORT OF THE CHAIR ON THE ACTIVITIES OF THE WORKING GROUP TO PREPARE THE DRAFT AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (2003-2004) (GT/DADIN/doc.180/04)21/

I. BACKGROUND

Resolution AG/RES. 1919 (XXXIII-O/03) was adopted during the thirty-third regular session of the General Assembly. Through it, the Organization once more reaffirmed its commitment to the adoption of the American Declaration on the Rights of Indigenous Peoples as a matter of priority, thereby underscoring the importance of indigenous peoples’ participation in the preparation process of this project. Likewise, the Working Group was commended for progress achieved, in particular at the special session it held in February of 2003 when analysis of the Draft Declaration presented by the Inter-American Commission on Human Rights (IACHR) was completed. The Working Group mandate was renewed in order to launch the final stage of negotiations on the Draft Declaration to be conducted on the basis of the Consolidated Text produced by the Working Group Chair and in light of the Draft Declaration submitted by the IACHR, as well as with reference to proposals made by member states, representatives of the indigenous peoples, specialized agencies, and other entities.

To that end, the Permanent Council instructed the Working Group to begin the final stage of negotiations in an initial round convened in October 2003 to set the dates and modalities for subsequent meetings; to take appropriate measures to ensure continuity in the transparent and effective participation of indigenous peoples in the negotiating process; and to call at least one special session of the Working Group before 28 February, 2004 at which broad representation of the indigenous peoples would be assured with a view to reviewing progress achieved and evaluating the degree of consensus reached on the Draft Declaration. States were also encouraged to engage in national consultations with their indigenous peoples on the Draft Declaration, and to promote an exchange of information among countries as to the result of such consultations.

II. ACTIVITIES OF THE WORKING GROUP

A. Election of the Working Group Chair

In August of 2003, the Committee on Juridical and Political Affairs reelected Ambassador Eduardo Ferrero Costa, Permanent Representative of Peru, as Chair of the Working Group.

At the Working Group meeting held on February 5, 2004, Ambassador Ferrero informed participants that, given his appointment as Ambassador of Peru to the United States Government, he would be stepping down as Chair of the Working Group. He noted that pursuant to the Rules of Procedure of the Permanent Council, Ambassador Juan León, Alternate Representative of Guatemala, would automatically become the new Chair of the Working Group.

B. Election of the Working Group Vice Chair

The Working Group began its work on August 28, 2003. At that meeting, Ambassador Juan León, Alternate Representative of Guatemala, was elected Vice Chair. As a result of the subsequent

21 Presented by the Chair of the Working Group, Ambassador Juan León Alvarado, Alternate Representative of Guatemala to the OAS.

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change of Working Group Chair, Counselor Ana Peña Doig, Alternate Representative of Peru, was elected Vice Chair of the Group at the meeting held on March 2, 2004.

C. Organization of Work

The Chair of the Working Group submitted to it a calendar of meetings for the period covering 2003-2004 which appears in document GT/DADIN/doc.141/03 rev. 1. At its meeting on February 5, 2004, the Working Group approved a change to the schedule agreed for the first quarter of 2004, as contained in document GT/DADIN/doc.141/03 rev. 1 corr. 1.

The calendar of scheduled activities comprised regular meetings and negotiating sessions in the quest for points of consensus, as well as consideration of the various issues before the Working Group for the period in question, to submission of the present report by the Chair of the Working Group to the Committee on Juridical and Political Affairs. To accommodate the requirements of certain government delegations, the Working Group devoted four meetings to informal consultations on the Draft Convention; such meetings were held on March 9, and on April 1, 7, 27, 2004, to exchange views on such critical issues covered under the Draft Convention as the right to self-determination, self-government, and indigenous spirituality, among others.

The Chair of the Working Group continued to benefit from the valuable support rendered to him by members of the Group of Friends of the Chair: Isabel Madariaga, Executive Secretary of the Inter-American Commission on Human Rights; Luis Toro, of the Department of International Law of the OAS, Secretariat for Legal Affairs; Alejandro Aristizábal, of the Secretariat of the Committee on Juridical and Political Affairs of the Permanent Council of the OAS; Irene Klinger, Executive Secretary, and Jorge Sanín of the OAS Secretariat for the Summits Process; and Osvaldo Kreimer.

D. Working Group Meetings

The Working Group held five regular meetings during 2003 (August 28, September 16 and 25, November 11, and December 16). It also launched the Initial Meeting of Negotiations in the Quest for Points of Consensus, held November 10 to 12. In 2004, the Working Group held five regular meetings (February 5, March 2, April 1 and 27, and May 3); the Second and Third Meetings of Negotiations in the Quest for Points of Consensus took place from January 26 to 28 and from April 28 to 30, respectively.

Likewise, at its meeting held on August 28, the Working Group approved certain modifications to the proposal on the participation of indigenous peoples in the Initial Meeting of Negotiations in the Quest for Points of Consensus, as contained in document GT/DADIN/doc.140/03 rev. 1.

On May 3, 2004, the last formal meeting of the Working Group took place. The draft resolution on the American Declaration on the Rights of Indigenous Peoples was considered at that time, to be submitted to the General Assembly in Quito.

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E. Measures to Generate Funding for the Participation by Representatives of Indigenous Peoples

In furtherance of the mandate contained in Resolution AG/RES. 1919 (XXXIII-O/03) which stresses the need to ensure broad participation by the representatives of indigenous peoples to negotiating sessions on the quest for points of consensus, the Chair took measures to generate funding from various countries and international organizations to achieve that goal. Financial support was thus obtained from Brazil (US$5,238.13), Canada (US$20,300.00), the United States (US$15,238.92), Finland (US$41,288.46), and Nicaragua (US$3,000.00), yielding a total contribution of US$ 85,065.51.

The Specific Fund financed a number of rubrics, inter alia, the travel expenses of representatives of indigenous peoples to OAS headquarters, their lodging and meals, as well as expenses related to their attendance at meetings of the Indigenous Caucus which were held in parallel to the negotiating sessions.

III. INITIAL MEETING OF NEGOTIATIONS IN THE QUEST FOR POINTS OF CONSENSUS

In furtherance of resolution AG/RES. 1919 (XXXIII-O/03), the Initial Meeting of Negotiations in the Quest for Points of Consensus was held in the Simón Bolívar Room of the OAS headquarters in Washington D.C., from November 10 to 12, 2003. It was presided by the Chair of the Working Group who reported on that meeting in document GT/DADIN/doc.155./03. Likewise, the results of negotiations on articles in Sections One, Two, and Three are available in document GT/DADIN/doc.151/03 rev. 1.

IV. SECOND MEETING OF NEGOTIATIONS IN THE QUEST FOR POINTS OF CONSENSUS

The Second Meeting of Negotiations in the Quest for Points of Consensus was held in the Hall of the Americas at OAS headquarters from January 26 to 28, 2004. The report of the Working Group Chair on that Meeting is contained in document GT/DADIN/doc.164/04. The results of negotiations on articles in Section Three appear in document GT/DADIN/doc.162/04.

V. THIRD MEETING OF NEGOTIATIONS IN THE QUEST FOR POINTS OF CONSENSUS

The Third Meeting of Negotiations in the Quest for Points of Consensus was held in the Padilha Vidal Hall of the administrative building at OAS headquarters from April 28 to 30, 2004.

A. Adoption of the Agenda

The Working Group approved the agenda for the Third Meeting of Negotiations in the Quest for Points of Consensus, which would consider Sections Three, Four, and Five of the Draft

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Declaration: Cultural Identity; Organizational and Political Rights; and Social, Economic, and Property Rights, respectively. The agenda appears as document GT/DADIN/doc.168/04 rev.1.

B. Choice of indigenous experts or leaders by the Selection Board of the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples

The Selection Board, composed of the Chair of the Working Group, Ambassador Juan León Alvarado, Alternate Representative of Guatemala; Counselor Ana Peña, representing the previous Chair of the Working Group, Ambassador Eduardo Ferrero Costa, Permanent Representative of Peru; Mr. Héctor Huertas of Panama, indigenous representative of Central America and the Caribbean; Mr. Marcial Colín of Chile, indigenous representative of South America; and Mr. Rolland Pangowish of Canada, indigenous representative of North America, met on March 29, 2004, to choose an indigenous expert or leader for each country from a list of candidates received by the OAS Secretariat for the Summits Process. Applying the criteria set forth in Permanent Council resolution CP/RES. 817 (1319/02), the Selection Board chose the following indigenous leaders or experts:

Natalia Sarapura - ArgentinaFiliberto Penados - BelizeCorrie Damon - BarbadosAlejandro Chipana - BoliviaAzelene Inácio - BrazilArmand Mc Kenzie - CanadaAucan Huilcamán -ChileJosé Soria - ColombiaJosé Carlos Morales -Costa RicaGarnnett Joseph - DominicaRaúl Ilaquiche - EcuadorJune L. Lorenzo – United States of AmericaElsa Son – GuatemalaKid James- GuyanaAmilcar Colón – HondurasAdelfo Regino Montes - Mexico Hazel Law-NicaraguaEnrique Arias-Panama Alberto Vázquez Ayala - Paraguay Haroldo Salazar – PeruOswald Robinson – Saint Vicente and the Grenadines Albert DeTerville - Saint LuciaLoreen Jubitana – SurinamRicardo Hernandez - Trinidad and TobagoLuiz Enrique González- Venezuela

The Specific Fund also covered the participation expenses of the three indigenous members of the Selection Board and the cost of organizing the Indigenous Caucus, held at the Hotel Harrington in Washington, D.C. from April 25 to 27, 2004.

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VI. PROCEEDINGS

a) Inaugural Session

The meeting began with an indigenous invocation, spoken by Chief Key Begay of the Navajo Nation of the United States. The Assistant Secretary General of the OAS, Ambassador Luigi Einaudi, offered words of welcome; Ms. Elsa Son of Guatemala read out a declaration from the Indigenous Caucus; and the Chair of the Working Group, Ambassador Juan León, delivered a speech in which he welcomed the delegations and reiterated the overall methodology that would be used during the meeting.

b) Methodology

That meeting followed the same methodology as previous Meetings, to wit: “[E]ach article of the Consolidated Text that is under discussion will appear on the screens in two languages, as a reference tool for debate. After the article has been read out and the Chair has given a brief introduction, broad dialogue will be fostered in which everyone will have ample time to expound his or her points of view. Once discussion of the subject of the article has been exhausted, if no consensus is reached, the article will remain in square brackets as still pending, and the various concrete proposals put forward in writing will be recorded in the final documents of the meeting. If, on the other hand, consensus is reached, the article will figure as approved on the screen, either with its original text or with the amendments agreed upon, as a record of the consensus arrived at.”

c) Documents

For this meeting, participants worked on the basis of a Consolidated Text of the Draft Declaration prepared by the Working Group Chair (GT/DADIN/doc.139/03).

d) Participants

Participants at this meeting included representatives of OAS member states; observer states; representatives of international multilateral organizations; representatives of indigenous peoples chosen by the Selection Board of the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples, as well as approximately 65 indigenous representatives active in various hemispheric indigenous organizations who arrived at their own expense. The list of participants appears as document GT/DADIN/doc.173/04 rev. 1.

e) Consideration of Section Three

This meeting analyzed and discussed Articles XVI on Relations and Family Ties, and Article XVII of Section Three on Cultural Identity. Article XVI acquired a new title: “Indigenous Family.” The two first sentences of Paragraph 1 now read differently from the consolidated text: “The family is a natural and fundamental group unit of society. Indigenous peoples have the right to preserve, maintain and promote their own family systems.” The remaining paragraphs were kept in brackets and present a variation with respect to the consolidated text: “[The States shall recognize and protect the various indigenous forms of family, in particular the extended family, as well as the forms of matrimonial union, filiation, and family name. These indigenous forms of organization shall be

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respected by public and private institutions. In all cases, the criteria of gender and generational equity shall be recognized and respected].” Paragraph 2 was approved with the following words in brackets: “[all]” and “[applicable]’ in reference to the rights of indigenous peoples, and “[may have]” when referring to indigenous tribunal jurisdiction.

The title of Article XVII, “Health”, was adopted. Brackets remain around Paragraphs 1 and 2 in their entirety. In Paragraph 3, only “[or other medical procedures]” remained in brackets. The following paragraph is new: “[Likewise, indigenous peoples have the right to access to their data, medical records, and documentation of research conducted by individuals and public and private {national institutions.]” In Paragraph 4, the only word that remained bracketed was “[system],” in reference to the intercultural approach. Paragraph 5 was adopted without brackets.

Delegations of governments and of the indigenous peoples submitted written proposals for the articles under consideration at the Meeting, contained in document GT/DADIN/doc.176/04 rev. 1.

The results of negotiations on the articles in Sections One, Two, and Three may be found in document GT/DADIN/doc.175/04 rev. 1 corr. 1, which indicates the articles adopted, with brackets around the language on which no consensus was reached.

f) Closing Session

The closing session took place on the afternoon of Friday, April 30. The following delivered closing remarks to the meeting: the Assistant Secretary General, Ambassador Luigi Einaudi; Mr. Haroldo Salazar of Peru, representing the Indigenous Caucus; the Chair of the Permanent Council, Ambassador Miguel Ruiz Cabañas, Permanent Representative of Mexico to the OAS; and Working Group Chair, Ambassador Juan Léon. The Meeting was likewise honored by the presence of Rigoberta Menchú of Guatemala, Nobel Peace Prize Laureate. Chief Mckinsey of Canada closed by offering a farewell prayer.

g) Expressions of Appreciation

The Chair of the Working Group recognizes the efforts of all those persons, committees, groups, organizations, donor agencies, members of the General Secretariat, members of the Group of Friends of the Chair, delegations of the permanent missions to the OAS, and representatives of the various indigenous peoples and organizations who have shown their indefatigable determination to pursue the crafting of a Draft American Declaration on the Rights of Indigenous Peoples. Likewise, the Chair extends his special thanks to the Vice Chair of the Group, Counselor Ana Peña Doig of the Permanent Mission of Peru, for her contribution to this process.

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APPENDIX II

PERMANENT COUNCIL OF THE OEA/Ser.K/XVIORGANIZATION OF AMERICAN STATES GT/DADIN/doc.175/04 rev. 1 corr. 1

12 may 2004COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: Spanish/English

Working Group to Prepare theDraft American Declaration on the Rights

of Indigenous Peoples

THIRD MEETING OF NEGOTIATIONS IN THE QUEST FOR POINTS OF CONSENSUS

(Padilha Vidal Room – April 28 to 30, 2004)

RESULTS OF THE INITIAL, SECOND, AND THIRD MEETINGS OF NEGOTIATIONSIN THE QUEST FOR POINTS OF CONSENSUS

(Articles I to XVII of the draft declaration)

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SECTION ONE: Indigenous Peoples. Scope of Application

Article I.

1. The American Declaration on the Rights of Indigenous Peoples applies to the indigenous peoples of [the States of] the Americas.

2. Self-identification as indigenous peoples will be a fundamental criterion for determining to whom this Declaration applies. [The States shall ensure respect for self-identification as indigenous, individually and collectively, in keeping with the institutions of each indigenous people.]

Article II.

The States recognize and respect the multiethnic and multicultural [and multilingual] character of their societies.

Article III.

[Within the States, the right to self-determination of the indigenous peoples is recognized, pursuant to which they can define their forms of organization and promote their economic, social, and cultural development.]

Article IV.

[Nothing in this Declaration shall be construed so as to authorize or foster any action aimed at breaking up or diminishing, fully or in part, the territorial integrity, sovereignty, and political independence of the States, or other principles contained in the Charter of the Organization of American States.]

SECTION TWO: Human Rights and Collective Rights

Article V. Full effect and observance of human rights

Indigenous [peoples and persons] have the right to the full and effective enjoyment of all the human rights and fundamental freedoms recognized in the Charter of the OAS, the American Declaration of the Rights and Duties of Man, and [, where applicable,] the American Convention on Human Rights, [the Convention 169 of the International Labour Organisation,] [as well as] and other international [and regional] [principles, standards, and] instruments of human rights. Nothing in this Declaration may be interpreted so as to limit, restrict, or deny in any way those rights, or so as to authorize any action that is not in keeping with the principles [, standards, and instruments] of international law, including international human rights law.

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Article VI. Collective rights

1. Indigenous peoples have collective rights that are indispensable for their existence, well-being, and integral development as peoples.

2. In this regard, the States recognize [and guarantee], inter alia, the right of the indigenous peoples to their collective action; to their social, political, and economic organization; [to their legal systems;] to their own cultures; to profess and practice their spiritual beliefs; [and] to use their languages [; and to administer and control their lands, territories, and natural resources].

Article VII. Gender equality

All the rights and freedoms recognized in the present Declaration are guaranteed equally to indigenous women and men. [The States condemn violence based on gender or age, which impedes and diminishes the exercise of those rights.]

[Article VIII. Right to belong to the indigenous peoples

Indigenous persons and communities have the right to belong to the indigenous peoples, in accordance with the identities, traditions, customs, and systems of those peoples.]

Article IX. Juridical personality

The States shall recognize fully the legal personality of the indigenous peoples, respecting indigenous forms of organization and promoting the full exercise of the rights recognized in this Declaration.

Article X. Rejection of assimilation

1. Indigenous peoples have the right to maintain, express, and freely develop their cultural identity in all respects, free from any external attempt at assimilation.

2. The States shall not carry out, adopt, support, or favor any policy to assimilate the indigenous peoples or to destroy their cultures.

Article X. bis. Protection against genocide

Indigenous peoples have the right to not be subjected to any form of genocide or attempts to exterminate them.

[Article XI. Special guarantees against racism, racial discrimination, xenophobia, and related forms of intolerance

1. Indigenous peoples have the right to protection from racism, racial discrimination, xenophobia, and related forms of intolerance. In this regard, the States shall adopt special measures, when necessary, for the full enjoyment of internationally and nationally recognized human rights, and

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shall adopt all necessary measures so that indigenous women, men, and children can enjoy their civil, political, economic, social, cultural, and spiritual rights.

2. Indigenous peoples have the right to participate in the determination of those special guarantees.]

[SECTION THREE: Cultural identity]

[Article XII. Right to cultural identity]

[1. Indigenous peoples have the right to their cultural integrity and to their historical and ancestral heritage, which are important for their collective continuity, and for their identity and that of their members and their States.]

[2. Indigenous peoples have the right to restitution of the property that is part of that heritage of which they may be dispossessed, or, when restitution is not possible, to fair and equitable compensation.]

[3. The States shall guarantee respect for and non-discrimination against the indigenous ways of life, world views, usages and customs, traditions, forms of social organization, institutions, practices, beliefs, values, dress, and languages.]

Article XIII. Systems of Knowledge, Language and Communication

1. Indigenous peoples have the right to [reclaim,] preserve, use, develop, revitalize, and transmit to future generations their own histories, languages, oral traditions, philosophies, systems of knowledge, writing, and literature; and to designate and retain their own names for their communities, members, and places. The States [shall] [will] adopt adequate [and effective] measures to protect the exercise of this right [, in consultation with the peoples concerned].

2. [The indigenous peoples have the right to promote, develop, and have access to communications systems and media, including their own radio and television programs, on an equal basis. The States shall take measures to promote the broadcast of radio and television programming by the mass media in indigenous languages in regions with a large indigenous presence. The States shall also support the creation of indigenous radio stations and other means of communication.]

3. The States [shall take effective measures or should make efforts] so that the members of indigenous peoples can understand administrative, judicial, and political rules and procedures, and can be understood in such proceedings. [The States shall make the necessary efforts for the indigenous languages to be established as official languages in the areas where indigenous languages predominate.]

[Article XIV. Education

1. The States shall include in their national educational systems content that reflects the intercultural, multiethnic, and multilingual nature of their societies. The indigenous peoples have the

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right to bilingual intercultural education that incorporates their own world view, history, knowledge, values, spiritual practices, and ways of life.

2. Indigenous peoples have the right to:

a. Define and implement their own educational programs, institutions, and facilities;

b. prepare and apply their own plans, programs, curricula, and teaching materials; and,

c. educate, train, and accredit their teachers and administrators.

The States shall take the necessary measures to ensure that the indigenous education systems guarantee equal educational opportunity and teachers for the general population and complementarity with the national educational systems.

3. The States shall guarantee that the indigenous educational systems have the same level of quality, efficiency, accessibility, and in every other respect as those provided for the general population. In addition, the States shall facilitate access for indigenous children who live outside of their communities to learning in their own languages and cultures.

4. The States shall take measures to guarantee for the members of the indigenous peoples education of equal quality as for the general population at all levels. The States shall adopt effective measures to provide adequate resources for these purposes.]

Article XV. Indigenous spirituality

1. Indigenous peoples have the right to [their freedom of spirituality] their spirituality and beliefs, and, by virtue of that right, to practice, develop, transmit, and teach their traditions, customs, and ceremonies, and to carry them out in public and in private, individually and collectively.

2. [The States shall take the necessary measures to prohibit efforts to convert or impose beliefs on the indigenous peoples or their members without their free and informed consent.]

3. [The States shall adopt the necessary measures, in consultation with the indigenous peoples, to preserve, respect, and protect their sacred sites and objects, including their burial grounds, human remains, and relics.]

4. [The States and their institutions shall guarantee that society as a whole respect the integrity of indigenous symbols, practices, sacred ceremonies, expressions, and spiritual protocols.]

Article XVI. Indigenous family

1. The family is a natural and fundamental group unit of society. Indigenous peoples have the right to preserve, maintain and promote their own family systems. [The States shall recognize and protect the various indigenous forms of family, in particular the extended family, as well as the forms of matrimonial union, filiation, and family name. These indigenous forms of

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organization shall be respected by public and private institutions. In all cases, the criteria of gender and generational equity shall be recognized and respected].

2. In determining the best interest of the child in matters related to the adoption of indigenous children, severance of family ties, and other similar circumstances, the courts and other relevant institutions shall take into account, primarily, the [any applicable] indigenous law of the concerned peoples and shall consider their points of view, rights, and interests, including the positions of individuals, the family, and the community. The indigenous institutions, and indigenous courts where they exist, shall [may] have jurisdiction in determining the custody and other related matters concerning indigenous children.

Article XVII. Health

[1. Indigenous peoples have the right to the exercise and legal recognition of their traditional indigenous medicine, pharmacopoeia, health practices and promotion, including those aimed at prevention and rehabilitation, as well as the right to use, maintain, develop, and administer their own health services; all in accordance with internationally recognized standards.]

[2. Indigenous peoples have the right to the use and protection of the plants, animal, and minerals for medicinal use in their ancestral lands and territories, as necessary for the practice of indigenous medicine.]

3. The States shall take measures to prevent and prohibit indigenous peoples and individuals from being subject to research programs, biological or medical [or other medical procedures] experimentation, as well as sterilization without their prior, free, and informed consent. [Likewise, indigenous peoples have the right to access to their data, medical records, and documentation of research conducted by individuals and public and private {national institutions.]

4. Indigenous peoples have the right to use, without any discrimination whatsoever, all the health and medical care institutions and services accessible to the general population. The States, in coordination with indigenous peoples, shall promote [establish] an intercultural [system] approach in the medical and health services provided [in facilities that serve] to indigenous persons, including the formation of indigenous technical and professional health care personnel.

[5. The States shall provide the necessary means for the indigenous peoples to improve the health conditions in their communities insofar as they fall short of the standards accepted for the general population.]

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IV. REPORT ON THE ACTIVITIES OF THE WORKING GROUP TO PREPARE AN INTER-AMERICAN PROGRAM FOR THE PROMOTION AND PROTECTION OF THE HUMAN RIGHTS OF MIGRANTS (CAJP/GT/TM-9/04)

I. ESTABLISHMENT

The working group was set up under the Committee on Juridical and Political Affairs of the Permanent Council on January 15, 2004, with the mandate to prepare a proposed Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, on the basis of the draft presented by the Inter-American Commission on Human Rights (CP/CAJP-2038/03).

II. OFFICERS

The following offices were elected on February 27, 2004:

The Alternate Representative of the Permanent Mission of Argentina, Eduardo Acevedo Díaz, was elected as Chair.

The Alternate Representative of the Permanent Mission of Guatemala, Ambassador Juan León Alvarado, was elected to serve as Vice-Chair.

III. ACTIVITIES

In accordance with the mandate contained in operative paragraph 5.a of resolution AG/RES. 1928 (XXXIII-O/03) regarding “the human rights of all migrant workers and their families,” the group focused on preparing for a special meeting to initiate the work to draw up the inter-American program.

i. Consultations

With a view to determining the parameters to be considered in developing the proposed Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, the Chair sent a letter to delegations on March 14 (CAJP/GT/TM-1/04) requesting that they submit their preliminary comments on the draft presented by the Inter-American Commission on Human Rights (CP/CAJP-2038/03).

The Chair then sent a letter dated March 10 (CAJP/GT/TM-3/04) to the delegations, asking them to submit their proposals on the agenda for the aforesaid special meeting, as well as any additional suggestions that could guide the working group in preparing the proposed program.

In response to these requests, the following permanent missions sent their replies:

Canada (CAJP/GT/TM-3/04 add. 1) Colombia (CAJP/GT/TM-3/04 add. 2)

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Argentina (CAJP/GT/TM-3/04 add. 3) United States (CAJP/GT/TM-3/04 add. 4) Nicaragua (CAJP/GT/TM-3/04 add. 5)

ii. Meetings

The Group held meetings on March 9 and 23, April 16 and 20, and May 3, 2004.

On April 16, a special meeting was held for the purpose of obtaining more information on the work being done by the different OAS organs, entities, and agencies linked either directly or indirectly to the subject of the human rights of migrants, with a view to identifying proposals that could be used as inputs for the program. For the purposes of this report, that meeting is called the “preparatory meeting.”

I. A summary of that preparatory meeting follows.

a. The Special Rapporteur of the Inter-American Commission on Human Rights (IACHR) on Migrant Workers and their Families in the Hemisphere, Dr. Freddy Gutiérrez, spoke of the history and the basis of the proposed program submitted by the Commission in 2003. His speech is contained in document CAJP/GT/TM/INF.1/04. Dr. Gutiérrez went on to explain that the IACHR’s proposal is not cast in stone, and could be supplemented with contributions from other organs, entities and agencies. Among other things, he emphasized that in order for the program to be balanced, it should recognize two factors: first, the authority of states to regulate the entry of non-nationals into their territories; and secondly, the need for them to do so in accordance with the principles and standards of international human rights law. He further stated that the right of states to receive persons who desire to enter legally into their territories is contrasted with the historical and sociological displacement of persons for various reasons.

b. The Inter-American Commission of Women (CIM), represented by its Executive Secretary, Carmen Lomellin, and a specialist, Laura Langberg, reported to the Group on the work that CIM has been doing on the problem of trafficking in women and children. This crime, which can take many forms, including sexual exploitation, kidnapping, discrimination, and slavery, among others, affects many migrants because of their vulnerable situation. On this point, reference to document CAJP/GT/TM/INF.2/04 is suggested.

Both officials referred to trafficking in persons and studies on the subject developed by CIM, as well as the need for greater hemispheric cooperation. They said that it is important to differentiate the problems of migrants from trafficking in persons per se. Unfortunately, in this area states generally have a single response, which is indiscriminate deportation.

During the subsequent dialogue with states, it was agreed that the activities of CIM should be coordinated with the Working Group, so that they could be incorporated into the Program.

c. The Director of the Department of Development Programs of the Executive Secretariat of the Inter-American Agency for Cooperation and Development, Sheila Donovan, reported that the “Agency” develops job creation programs for migrant workers, and that despite

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having received a mandate from the General Assembly through various resolutions, it still does not have a program in operation that is directly related to the subject of the human rights of migrants.

Despite this fact, the Strategic Plan of CIDI, in its area on “Social Development and Generation of Employment,” covers migrants. In FEMCIDI, programming is done on the basis of the inputs of countries. The program on “occupational health and safety” could be useful in this regard. She further reported that they had not yet received any financial contributions from private sector donors for projects involving migrants.

Turning to another matter, she reported that the issue of remittances of money to the countries of origin by migrants is being examined by the Inter-American Development Bank (IDB), which has completed a study on the function of remittances in the development of countries. Document pending.

d. The Unit for the Promotion of Democracy (UPD), represented by the Unit’s Advisor Ana Pérez Katz, referred to the possibility of drawing up studies of shared legislation with a view to establishing the access of migrants to the right to vote at local and national levels, and in general their right to participate in the democratic systems of the member states to which they have migrated. Document pending.

In addition, she reported that although the UPD has not worked on specific cases directly involving the subject of migrants, she believed that the Unit could make useful contributions to this work in the following areas:

Comparative studies of legislation on voting in another country;

Political participation of migrants: training of young leaders, through courses for under-represented sectors, which could include migrant youth, with a view to promoting organizations to defend their rights;

Fostering a democratic culture. The UPD has been working in this area (a special meeting of the Permanent Council was held recently).

Dr. Freddy Gutiérrez then offered his comments, focusing on three aspects:

The right of non-nationals to vote, through studies of comparative legislation in the Hemisphere.

Promotion of associations for the defense of migrants’ rights.

Democracy and the vulnerability of migrants: strengthening their rights.

e. Comments and observations by the member states

The member states recognized the positive results of the dialogue at this meeting of the Working Group and requested that both the Special Rapporteur of the Inter-American Commission on Human Rights and the representatives of CIM, UPD, and IACD maintain their active support for the

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work of the Working Group. The Chair thanked the participants for this initial round in their exchange of views, and said that the Working Group would like to continue these exchanges, with the participation of OAS entities and organs in a special meeting of the Group. He also expressed regret at the absence of the Unit for Sustainable Development and Education (UDSE) at the meeting, and indicated that the Unit should be invited again, in view of the important work it was doing and its relationship to the program. The Chair reported to the Group that the unit was not represented at the preparatory meeting because of last-minute health problems of its Director.

The Chair reported to the Working Group that the Director of the Inter-American Children’s Institute sent an official letter explaining that it would be unable to send a representative to this preparatory meeting, but indicating that it was interested in and prepared to cooperate in the activities of the Group.

In the course of the dialogue with the delegations of the member states, subtopics of particular interest were highlighted, including the following: remittances, trafficking in persons, detention of migrants by private individuals, guarantee of labor rights, access to justice, right to a fair trial, elimination of discrimination, right to personal freedom, rights of indigenous peoples, right to vote, legal vs. illegal migration, illegal trafficking of migrants, human rights vis-à-vis benefits for migrants and their families, and the responsibilities of the state of origin, transit, and destination of migrants. These subjects will be included in the information and background material sent to the panelists to be invited to the special meeting, with the suggestion that, if applicable, they bear them in mind when they prepare their presentations.

iv. Agenda for the Special Meeting

The Working Group prepared and agreed on a draft agenda for the special meeting of the Working Group, to be held on September 16 and 17, 2004. It is appended to this report.

v. Other work

The Working Group began negotiations on the paragraphs contained in the General Assembly draft resolution on “the human rights of all migrant workers and their families” that were directly related to the activities of the Working Group, in accordance with the results of the discussion among the states during the meetings held on March 9 and May 3, 2004.

IV. CONCLUSIONS AND RECOMMENDATIONS OF THE CHAIR

Despite initial differences of opinion, during its two months of work, a basic consensus was reached on various issues that allowed the Group to define a working methodology.

The Working Group discussed the IACHR’s Proposed Program, which is be used as a basis for developing the Program, in accordance with the provisions of AG/RES. 1928 (XXXIII-O/03). It serves as a starting point for the work, to be supplemented by relevant contributions from the states themselves, other organs, agencies, and entities of the OAS and the inter-American system, and other international and civil society organizations. In short, a preference for a broad-based, comprehensive program was expressed.

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A preference was also noted for a program with concrete, practical, and useful activities for migrants, with goals and activities that could perhaps be measured periodically.

It was believed that the Program should be drawn up as soon as possible, and the Group shares the desire that the program, if possible, be presented to the Thirty-Fifth Regular Session of the OAS General Assembly, or that it be completed for presentation prior to the Fourth Summit of the Americas, since this was one of the mandates emanating from the Plan of Action of the Third Summit of the Americas held in Quebec City.

As indicated under III.i of this report (Consultations), we have received preliminary comments from member states on the IACHR paper and their general views on the strategies to employ in developing this program. In this regard, the Chair would like to thank the five countries that have responded to date to the requests made, and it urges the remaining member states to submit their formal comments as well, since they would be helpful in identifying the areas of consensus so that the Working Group can determine a methodology for developing the program.

The preparatory meeting on April 16, with the participation of the Special Rapporteur of the Inter-American Commission on Human Rights, the CIM Executive Secretariat, the Unit for the Promotion of Democracy, and the Development Programs Department of the Inter-American Agency for Cooperation and Development, enabled us to begin identifying possible elements and activities for structuring the program.

The annotated agenda for a special meeting was agreed on, and the Chair will be distributing shortly a document describing it, which will identify proposals, best practices and specific activities for developing an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants and their Families, within the framework of the OAS.

The Chair, with the support of the OAS General Secretariat, has begun the relevant process of organization, and has circulated preliminary invitations to the institutions already identified by the various panels of the Meeting. In this regard, we would like to point out that we received a letter from the Ibero-American Federation of Ombudsmen, an agency that has been invited to participate in the special meeting to be held in September of this year. That institution has offered to assist the Working Group in its work.

On another matter, the Chair believes it is important to identify opportunely the best way to coordinate the activities of an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, by selecting the areas, organs, or entities of the OAS that, because of their experience, can monitor implementation and report on performance.

Finally, the Chair would like to thank the member states for their contributions to the dialogue and the papers they submitted giving their observations and recommendations, and especially for their interest in keeping this issue active, since by their action they have ensured that this important concern of our heads of state and government, and of the OAS General Assembly itself, will receive due attention.

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I would also like to express my gratitude to the General Secretariat and the other areas, organs, and entities I have mentioned in this report for their valuable support, timely cooperation, and constructive contributions, all of which have helped us move towards our common goal of developing the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants.

Eduardo Acevedo DíazAlternate Representative of Argentina

Chairman of the Working Group in charge of Developingan Inter-American Program for the Promotion and Protection

of the Human Rights of Migrants

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APPENDIX III

AGENDA FOR A SPECIAL MEETINGOF THE WORKING GROUP OF THE COMMITTEE ON JURIDICAL AND POLITICAL

AFFAIRS TO PREPARE AN INTER-AMERICAN PROGRAM WITHIN THE OAS FOR THE PROMOTION AND PROTECTION OF THE HUMAN RIGHTS OF MIGRANTS

“Identification of proposals, best practices, and specific activities for preparing an Inter-American Program within the OAS for the Promotion and Protection of the Human Rights of Migrants,

Including Migrant Workers and Their Families”

Washington D.C. - September 16 and 17, 2004

(Approved by the Working Group on May 3, 2004)

I. Inaugural session

II. Draft “Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families, in the Framework of the Organization of American States,” prepared by the Inter-American Commission on Human Rights (IACHR)

III. Experiences of the organs, agencies, and entities of the OAS

IV. Experiences of other organizations

V. Dialogue among governmental experts from the member states

VI. Preliminary conclusions of the rapporteur of the meeting

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APPENDIX IV

PERMANENT COUNCIL OF THE OEA/Ser.GORGANIZATION OF AMERICAN STATES CAJP/GT/TM/INF. 1/04

15 April 2004COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Textual

Working Group to Prepare anInter-American Program for the Promotion

and Protection of the Human Rights of Migrants

SPEECH BY THE SPECIAL RAPPORTEURON MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES OF THE INTER-

AMERICAN COMMISSION ON HUMAN RIGHTS, DR. FREDDY GUTIÉRREZ

Señor Presidente del Grupo de TrabajoSeñoras y Señores Representantes de los Estados:

Es para mí un honor dirigirme a ustedes por primera vez, desde mi elección como miembro de la Comisión Interamericana de Derechos Humanos y como Relator Especial sobre Trabajadores Migratorios y Miembros de sus Familias. Permítanme empezar por expresar el agradecimiento de la CIDH y el mío propio por la invitación a participar en esta reunión del Grupo de Trabajo encargado de elaborar una propuesta de programa interamericano para la promoción y protección de los derechos humanos de los migrantes. Espero que este intercambio de ideas contribuya a la tarea que ustedes tienen a cargo.

Conforme a la invitación que me han formulado, mi presentación va a tener dos partes. Inicialmente, voy a hacer referencia a los antecedentes y contenido del Programa Interamericano y a continuación presentaré brevemente el estado actual de los trabajos que desarrolla la relatoría a mi cargo. Me gustaría empezar por compartir con ustedes el proceso de elaboración de dicho documento, así como describir su contenido.

El punto de partida de la Relatoría para su trabajo es el de su mandato: la promoción de los derechos humanos de los trabajadores migratorios cualquiera sea su status en el país en que se encuentren. Esto supone, como lo ha indicado la Relatoría en sus informes anuales, reconocer en primer lugar que los Estados tienen la facultad o potestad de regular la entrada y permanencia de personas no nacionales en su territorio. Tal facultad está restringida por los principios generales del derecho internacional de los derechos humanos, incluyendo el respeto a la integridad y dignidad de la persona, la no discriminación por razón de raza, sexo, religión, origen nacional y otras categorías prohibidas; y el debido proceso en las determinaciones de status y en los procedimientos de remoción, deportación o expulsión.

Nuestra segunda consideración, también emanada del mandato de la Relatoría, como lo entendemos, se refiere a la necesidad de impulsar una mirada multidisciplinaria sobre el fenómeno

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migratorio, y de generar una cultura de respeto a los derechos humanos fundamentales de toda persona, lo que implica no dirigirnos exclusivamente a los aspectos jurídicos del problema.

Sobre esas bases, y en virtud de un convenio suscrito con la Organización Internacional para las Migraciones, el equipo de la Relatoría trabajó estrechamente con profesionales designados por la oficina de la OIM en San José, Costa Rica, en la elaboración de un primer borrador de programa durante el año 2002. Los gastos originados a la OIM para esta tarea fueron sufragados por la Oficina de Población y Refugiados del Departamento de Estado de los Estados Unidos de América. El trabajo de la Relatoría se solventó con los fondos recaudados por la CIDH a través del Fondo Voluntario y de fuentes externas.

Funcionarios de la Relatoría, incluyendo al Relator, y consultores contratados por OIM se reunieron a lo largo de varios meses en Washington y en San José, e intercambiaron ideas y proyectos. En noviembre de 2002, un documento inicial fue terminado. Mi antecesor, Juan E. Méndez tuvo el honor de presentarlo en la Conferencia Hemisférica sobre Migraciones celebrada en Santiago de Chile en esa fecha, auspiciada por la OIM y CELADE. Al final de la presentación, el Relator recibió algunas reacciones de representantes de delegaciones de sus Estados. El documento presentado en Santiago de Chile era un documento en proceso de elaboración por lo que el Relator anunció que a partir de los comentarios recabados durante la conferencia y los que enviaran los representantes de los Estados, la Relatoría elaboraría una segunda versión.

En los primeros días de febrero de 2003 la Relatoría recibió comentarios de Estados Unidos de América referidos al borrador presentado en noviembre de 2002 en Santiago de Chile. Debo indicar que ningún otro Estado presentó comentarios por escrito al documento presentado en Santiago de Chile.

El equipo de la Relatoría redactó una segunda versión, que puso a discusión de la Comisión Interamericana de Derechos Humanos en el curso del 117º período ordinario de sesiones. La segunda versión partía del borrador elaborado junto con la OIM, y tomaba en cuenta los comentarios a dicho documento. El programa interamericano fue aprobado por la CIDH y remitido a la Comisión de Asuntos Jurídicos y Políticos. Hace un año, Juan Méndez presentó al Consejo Permanente el Programa Interamericano. Con la presentación de dicho documento entendemos que se dio cumplimiento a un mandato expreso de la Asamblea General de la OEA dirigido a la CIDH.

Aunque la CIDH entiende haber dado cumplimiento al mandato recibido, ha expresado en varias oportunidades e instancias su disposición a continuar discutiendo los proyectos de Programa, con la colaboración y en diálogo con los Estados. De modo, que me complace mucho esta invitación así como la oportunidad de presentar a ustedes los rasgos más importantes del documento aprobado por la CIDH.

Marco Conceptual. El programa adopta el marco conceptual del derecho internacional de los derechos humanos. Es decir, son los Estados quienes tienen la obligación de garantizar y proteger los derechos humanos de las personas que se encuentran en su territorio. Asimismo, el programa parte de la condición de vulnerabilidad estructural en la que se encuentran los migrantes. Finalmente, la condición de migrante irregular o no autorizado no incide en el carácter inalienable de los derechos humanos y por ende en el deber de los Estados de protección y garantía de éstos. No obstante, el

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programa resalta la importancia de reconocer e incluir el trabajo de las organizaciones intergubernamentales y no gubernamentales que desarrollan acciones en esta materia.

Elementos. La lectura y el desarrollo del programa deben incorporar los siguientes elementos. Primero, las personas migrantes son el destinatario y un actor central del programa, de manera que las actividades deben generar y permitir su participación activa en la transformación de su realidad. Segundo, se utiliza un enfoque transversal de género, es decir, los objetivos y actividades buscan eliminar la inequidad y tener en cuenta las necesidades y condiciones particulares de las mujeres, aunque no se haga explícito en todos los objetivos y actividades del programa. Tercero, la eliminación de la discriminación contra los grupos de afro-descendientes y pueblos indígenas es un elemento central del programa; las acciones que forman parte del mismo deberán propender por garantizar la inclusión de estos grupos y deberán tomarse las acciones y medidas adecuadas para ello. Cuarto, la coordinación de las actividades es esencial para alcanzar los objetivos propuestos. Quinto, los objetivos y acciones que propone este programa deberán desarrollarse de manera conjunta por actores estatales, organizaciones inter-gubernamentales, organizaciones no gubernamentales, la sociedad civil y los mismos migrantes. Sexto, el programa busca generar procesos de transformación, y en esa medida, deberán tomarse los recaudos adecuados para garantizar que el programa sea sostenible en el mediano y largo plazo.

Énfasis en Derechos. El programa se concentra o focaliza en los siguientes derechos humanos: garantías judiciales y protección judicial; derecho a la no discriminación; libertad personal; y derechos laborales.

Estructura. El programa se desarrolla en tres objetivos, para cada uno de ellos se proponen una serie de actividades y se indican los resultados esperados. Para no abusar de su tiempo, voy a omitir más detalles ya que entiendo que ustedes conocen el documento.

Para terminar, me gustaría referirme al trabajo que desarrolla la Relatoría a mi cargo. Dado que fui nombrado Relator en el mes de febrero último, me encuentro estudiando el trabajo desarrollado hasta ahora y formulando un plan de trabajo. No obstante, puedo adelantar que la Relatoría continuará haciendo seguimiento a la situación de los trabajadores migratorios, participando en eventos y foros en los que pueda contribuir a promover la utilización del sistema interamericano y la jurisprudencia de sus órganos en esta materia, así como adelantando visitas a Estados miembros y elaborando estudios sobre aspectos puntuales.

Muchas gracias por su atención.

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APPENDIX V

PERMANENT COUNCIL OF THE OEA/Ser.GORGANIZATION OF AMERICAN STATES CAJP/GT/TM/INF.2/04

26 April 2004COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS Original: English

Working Group to Prepare anInter-American Program for the Promotion

and Protection of the Human Rights of Migrants

PRESENTATIONS BY THE EXECUTIVE SECRETARIAT OF THE INTER-AMERICAN COMMISSION OF WOMEN (CIM) TO THE WORKING GROUP,

AT ITS MEETING OF APRIL 16, 2004

I. PRESENTATION BY MS. CARMEN LOMELLIN, EXECUTIVE SECRETARY OF THE INTER-AMERICAN COMMISSION OF WOMEN

Thank you, Mr. President, and good morning. On behalf of the President and the authorities of the CIM, I am pleased to present a report on the work that CIM has been doing on an issue that is taking on greater and greater importance. I will briefly summarize CIM’s work to date and then turn the presentation over to Laura Langberg, who will report on the specifics of our project and its recommendations.

Trafficking in persons is a modern form of slavery and ranks third on the list of transnational crimes, after drug and arms trafficking. It is a highly complex, multi-pronged and multi-faceted issue, calling for a comprehensive and multifaceted approach, It is obviously an egregious violation of human rights, and is a problem resulting from poverty and social exclusion but it is also related to sophisticated criminal activities, the existence of corruption, and a culture of tolerance toward both sexual and labor exploitation. Trafficking is a crime linked to other crimes: kidnapping, disappearances, forgery of documents, violence, physical and sexual abuse, corruption, and drug trafficking and abuse.

Three years ago, with funding received from the U.S government, we initiated the first phase of our work, in partnership with the Inter-American Children’s Institute and the research services of DePaul University, a US-based university. The pilot countries were: Brazil, Belize, Nicaragua, Costa Rica, Panama, Honduras, El Salvador, Guatemala and the Dominican Republic. We will shortly begin the next phase of our work in Mexico, Bolivia and Belize, and then in the Caribbean.

Although closely related, trafficking and migration are two completely different issues. Trafficking victims are often viewed as illegal immigrants, to whom the response is immediate deportation. They are not afforded adequate protection and traffickers are not investigated or

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prosecuted. Officials find it difficult to distinguish trafficking cases from those involving irregular immigrants, the latter being those who enter a country illegally, in violation of immigration laws.

A trafficking victim is different from an illegal immigrant in various ways; first, the victim may have entered the country of destination legally and have been deceived, or may have entered as an illegal immigrant, in which case he or she is more vulnerable to abuse and exploitation and may easily become a trafficking case. People in this situation gradually lose control over their lives; they do not have documentation because the traffickers withhold their passports; they are victims of violence, intimidation, and criminal manipulation; and traffickers saddle them with mounting debt, which they cannot pay. Generally, the women and adolescents end up in situations of commercial sexual exploitation and pornography and exploited as beggars.

The results of the study were presented to the 31st Biennial Assembly of Delegates of the CIM, where they adopted a resolution (CIM/RES 225) urging CIM to continue work on this issue and to expand to other countries of the region. The 33rd General Assembly of the OAS adopted AG/RES. 1948 (XXXIII-O/03), resolving, among others:

“…To request the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution and on CIM activities in the countries of the region in connection with trafficking in persons…..”.

In fulfilment of the mandates received from the CIM Assembly of Delegates and those contained in AG/RES 1948, of the OAS General Assembly, as well as the requests received from the member states to expand research on trafficking to other countries, the CIM, in partnership with the International Organization for Migration (IOM), has secured funding from the United States Government and the government of Mexico to begin the second stage of this project. This phase of the project will include applied research and capacity-building in Mexico and Bolivia, training in Belize, and counter-trafficking activities in the Caribbean region, specifically in the Bahamas, Barbados, Guyana, Jamaica, Suriname and St Lucia. Funding permitting, work will continue in other countries in the latter part of 2004.

When we first began our work, we were told explicitly that trafficking did not exist in our region, despite reports received from NGOs working on this issue in the region. Our work has proven that it is, in fact, a problem. It is imperative that the OAS take on this issue and also take a leadership positioning the region in truly addressing trafficking in persons.

We thank you for your kind attention.

II. PRESENTATION BY MS. LAURA LANGBERG, SPECIALIST IN THE EXECUTIVE SECRETARIAT OF THE INTER-AMERICAN COMMISSION OF WOMENhttp://scm.oas.org/pdfs/2004/CP12672T.ppt

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III. REFERENCE DOCUMENTS ON THE SUBJECT

1. “Trafficking in Women and Children (Research Findings and Follow-up): CIM/doc.9/02 - “XXXI Assembly of Delegates”, Punta Cana, Dominican Republic, October 29 to 31, 2002.

2. CIM/RES. 225 (XXXI-0/02): “Fighting the Crime of Trafficking in Persons, Especially Women, Adolescents, and Children”

3. AG/RES. 1948 (XXXIII-O/03): “Fighting the Crime of Trafficking in Persons, Especially Women, Adolescents, and Children”

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APPENDIX VI

PRESENTATION OF THE UNIT FOR THE PROMOTION OF DEMOCRACY TO THE WORKING GROUP, AT ITS MEETING OF APRIL 16, 2004

Señor Presidente del Grupo de TrabajoSeñoras y Señores Representantes de los Estados miembros

Les transmito un cordial saludo de la señora Elizabeth Spehar, Coordinadora Ejecutiva de la Unidad para la Promoción de la Democracia (UPD), quien no ha podido participar en esta reunión debido a compromisos previamente adquiridos. En nombre de la UPD y el mío propio agradezco al señor Eduardo Acevedo (Presidente del Grupo de Trabajo encargado de elaborar una propuesta de Programa Interamericano para la Promoción y Protección de los Derechos Humanos de los Migrantes) por la invitación a participar en esta reunión.

Hasta la fecha, la UPD no tiene experiencia directa en el tema de los migrantes. Sin embargo, la UPD ha tenido algunas experiencias puntuales relacionadas con el tema que presentaré brevemente a continuación. Por un lado, la UPD ha respondido a varias solicitudes de información de los Estados miembros sobre estudios de legislación comparada en materia del voto en el extranjero, un tema directamente vinculado con la participación política de los migrantes, poniendo a disposición de los Estados interesados los estudios y contactos con expertos en el tema. Por otro lado, en los primeros años de su existencia, la UPD tuvo programas concretos en contextos posconflicto como la Comisión Internacional de Apoyo y Verificación (CIAV-Nicaragua 1990-1997) por medio de la cual se acompañó la reinserción política, social y económica de más de 22,000 nicaragüenses (ex contras y sus familias) que retornaban a su país provenientes de Honduras -en su mayoría- tras el conflicto interno que afectó su país de origen. La experiencia del CIAV constituyó una iniciativa interesante y se constituyó en una valiosa fuente de aprendizaje para la Unidad.

En términos de un posible apoyo al tema en cuestión, nos parece que la UPD podría incorporar el tratamiento de los derechos humanos de los migrantes, con énfasis en el aspecto de participación política, en varias de sus actividades en ejecución y en futuras actividades. La UPD tiene experiencia en la formación y capacitación de jóvenes líderes de diversos sectores de la sociedad (e.g., partidos políticos, organizaciones de la sociedad civil, medios de comunicación e instituciones académicas) por medio de sus cursos regionales y nacionales sobre democracia y gerencia política. Estos cursos tienen entre sus objetivos el asegurar la inclusión de jóvenes líderes de sectores tradicionalmente subrepresentados -como indígenas, grupos étnicos, minorías y otros grupos adicionalmente a la equidad en la representación de género, que no han tenido espacios de participación ni oportunidades de capacitación- en la política y en el proceso de toma de decisiones públicas. En estos programas de formación se podría incluir a jóvenes migrantes, particularmente a aquellos que lideran o tienen el potencial de liderar organizaciones de defensa de los derechos de los migrantes o asociaciones de esta índole.

Por otra parte, como ustedes saben, la UPD y la Unidad de Desarrollo Social y Educación (UDSE) están trabajando en la promoción de la cultura democrática por medio de la educación formal y no formal. La promoción de la cultura democrática con énfasis en valores como la tolerancia, la solidaridad y otros podrían servir de apoyo a las iniciativas dirigidas a crear una cultura de no-

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discriminación y valoración de los migrantes como actores del desarrollo político, económico y social en sus respectivas sociedades.

Las actividades del Foro Interamericano sobre Partidos Políticos (FIAPP) y el Programa de Valores Democráticos y Gerencia Política –programa que la UPD ejecuta en Guatemala como parte de un trabajo de largo plazo con todos los partidos políticos del país- tienen entre sus ejes de acción el propiciar la participación de mujeres, indígenas, jóvenes y otros sectores tradicionalmente ausentes de puestos de poder de los partidos políticos y con una débil representación como candidatos a cargos de elección popular. Cabe destacar que uno de los temas de discusión de la III Reunión Anual del FIAPP (realizada en Cartagena, Colombia durante el 2003) fue la inclusión de sectores subrepresentados en la competencia política (mujeres, jóvenes e indígenas). Las actividades del Programa de Valores Democráticos y Gerencia Política como la formación y capacitación de líderes en valores democráticos y gerencia política, el desarrollo de una cultura política de diálogo entre las organizaciones políticas y entre éstas y el gobierno y la facilitación de ámbitos de encuentro, discusión y análisis partidario generan condiciones para el aumento de la participación de los sectores indígenas, mujeres y jóvenes. Uno de los mecanismos más exitosos de inclusión y potenciación del papel de los grupos tradicionalmente subrepresentados de este programa son las redes interpartidarias de indígenas, jóvenes y mujeres en las cuales representantes de dichos sectores de diversos partidos trabajan juntos en temas de interés común. En este tipo de espacios se puede enfatizar la importancia que haya participación de migrantes.

En el ámbito de promoción y apoyo a la legislación dirigida a proteger y garantizar los derechos humanos de las personas migrantes, el Programa de Apoyo a las Instituciones Legislativas (PAFIL) de la UPD y sus diversas actividades pueden ser útiles para este propósito. El Proyecto de Acción Legislativa Centroamericana de Combate al Terrorismo es un claro ejemplo del tipo de actividades que lleva a cabo la UPD en este campo. Por medio de este proyecto se diseñó una estrategia parlamentaria subregional de lucha contra el terrorismo, se elaboró un marco normativo de referencia en el combate el terrorismo, se realizó un estudio sobre la legislación vigente, las propuestas legislativas y la elaboración de los anteproyectos nacionales y se brindó asistencia técnica a las comisiones legislativas nacionales de los países miembros para el desarrollo de legislación especializada (nacional) de lucha contra el terrorismo. Esfuerzos similares se han llevado a cabo a nivel centroamericano en temas como la lucha contra la corrupción y el narcotráfico.

Por último, otro ámbito de posible apoyo de la UPD al tema de migrantes podría darse por medio del programa especial de la UPD para la promoción del diálogo y la resolución de conflictos, que apoya a los Estados miembros para llevar a cabo procesos de diálogo y mecanismos para la resolución pacífica de conflictos. En el marco de este programa y procesos de diálogo multisectoriales se podría dar mayor atención a la participación de representantes de las organizaciones o asociaciones de migrantes en los países que sea pertinente. El trabajo de la UPD y la metodología en este campo está orientado a fortalecer su trabajo con organizaciones/instituciones que sirvan de interlocutores.

Por supuesto, en mucho de lo que he mencionado será importante contar con la interlocución directa de grupos de migrantes que faciliten el potencial multiplicador de los beneficiarios de estos programas en sus respectivas instituciones.

Muchas gracias.

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