AG/RES. 1850 (XXXII-O/02)

OBSERVATIONS AND RECOMMENDATIONS OF THE MEMBER STATES ON THE ANNUAL REPORT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS 

(Adopted at the fourth plenary session held on June 4, 2002) 

            THE GENERAL ASSEMBLY, 

            HAVING SEEN the observations and recommendations of the Permanent Council on the Annual Report of the Inter-American Court of Human Rights (CP/doc.3555/02) and the presentation of that report by the President of the Court, Judge Antonio A. Cançado Trindade (CP/CAJP-1921/02 corr. 1); and 

CONSIDERING: 

            That the Heads of State and Government, gathered at the Third Summit of the Americas, in Quebec City, in April 2001, decided:  

a.             In the framework of the Declaration of Quebec City:  “Our commitment to full respect for human rights and fundamental freedoms is based on shared principles and convictions.  We support strengthening and enhancing the effectiveness of the inter American human rights system, which includes the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.  We mandate the XXXI General Assembly of the OAS to consider an adequate increase in resources for the activities of the Commission and the Court in order to improve human rights mechanisms and to promote the observance of the recommendations of the Commission and compliance with the judgments of the Court”; and 

b.      In the framework of the Plan of Action:  They will “continue promoting concrete measures to strengthen and improve the inter-American human rights system, in particular the functioning of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights (IACHR), focusing on:  the universalization of the inter-American human rights system, increasing adherence to its founding instruments, complying with the decisions of the Inter-American Court and following up on the recommendations of the Commission, facilitating the access of persons to this protection mechanism and substantially increasing resources to maintain ongoing operations, including the encouragement of voluntary contributions, examining the possibility that the Court and the IACHR will function permanently, and entrust the XXXI General Assembly of the OAS, which will take place in San Jose, Costa Rica, in June of this year, to initiate actions to meet the above-mentioned goals”; 

            That on June 1, 2001, the new Rules of Procedure of the Court entered into force, marking a major step forward in strengthening and improving the inter-American system; 

            That Article 54.f of the Charter of the Organization of American States establishes that it is a function of the General Assembly to consider the observations and recommendations presented by the Permanent Council on the reports of the organs, agencies, and entities of the Organization, in accordance with Article 91.f of the Charter; and 

            That Article 65 of the American Convention on Human Rights establishes that “to each regular session of the General Assembly ... the Court shall submit, for the Assembly’s consideration, a report on its work during the previous year.  It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations,” 

RESOLVES: 

1.         To receive and transmit to the Inter-American Court of Human Rights the observations and recommendations of the OAS Permanent Council on the annual report. 

            2.         To reiterate that the judgments of the Court are final and may not be appealed and that the States Parties to the Convention undertake to comply with the judgments of the Court in all cases to which they are party. 

            3.         To instruct the Permanent Council to submit to the General Assembly at its thirty-third regular session a proposed budget for 2004 that includes an effective and adequate increase in the economic resources allocated to the Court in light of the needs and goals set out in the document presented by the President of the Inter-American Court of Human Rights (CP/CAJP-1921/02 corr. 1). 

            4.         To urge the OAS member states to consider, as early as possible, the signature and ratification of, ratification of, or accession to, as the case may be, the American Convention on Human Rights and other instruments of the system, including acceptance of the binding jurisdiction of the Inter-American Court of Human Rights. 

            5.         To thank the Inter-American Court of Human Rights for its work during the period covered by this report.